ASSISTANCE FOR THE IMPLEMENTATION OF VIETNAM’S LEGAL SYSTEM DEVELOPMENT STRATEGY TO 2010

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“ASSISTANCE FOR THE IMPLEMENTATION OF VIETNAM’S LEGAL SYSTEM DEVELOPMENT STRATEGY TO 2010” FINAL PROJECT REPORT December 2009 Programme Title: VIE/02/015 “Assistance of Vietnam’s Legal System Development Strategy” Project Award ID: 00015601 Parties to the Project Agreement: The Government of Vietnam, UNDP, SIDA, DANIDA, Norway and Ireland Executing Agency: Ministry of Justice (MOJ) Co-implementing Agencies: Relevant legal and judicial institutions in Viet Nam Project Start Date: Originally Planned: September, 2003 Project Completion Date: a Originally planned: September, 2007 b Actual: October 31, 2009 Total Allocated Budget: USD 5,278,486 Total Disbursed Amount: USD 5.108,764 USD Rate of disbursement: 97% Note: - The report cleared by National Project Director: Mr Hoang The Lien, Vice Minister, Ministry of Justice TABLE OF CONTENTS BACKGROUND PART A: PROJECT PERFORMANCE RELATING TO ITS PROJECT OUTCOMES AND ITS CONTRIBUTION TO THE COUNTRY PROGRAMME OUTCOMES 10 PROJECT OUTCOMES 10 10.1 Outcome One: Positive change: “Finalized Draft LSDS for approval by the competent State authorities” .10 10.2 Outcome Two: Positive change: “Co-ordinated management of the implementation of LSDS” .10 10.3 Outcome Three: Positive change: “A number of high-priority components of the Project and emerging needs implemented through the Legal System Development Facility (LSDF).” .11 Country Programme Outcomes: Positive Change 11 PROJECT OUTPUTS 12 PART B: PROJECT PERFORMANCE – IMPLEMENTATION ISSUES 16 ACTUAL ACHIEVEMENTS AND IMPACTS 16 PART C: LESSONS LEARNED 19 SUBSTANTIVE MATTERS 19 WORK PLANNING AND OPERATIONAL MATTERS 22 PROJECT MANAGEMENT 23 ANNEX A: PROJECT DOCUMENT OBJECTIVE, OUTPUTS AND ACTIVITIES 24 ANNEX B: PROJECT RESULTS AND RESOURCES FRAMEWORK FOR 2007 - 2008 26 ANNEX C: ANNUAL OUTPUT ACHIEVEMENTS 30 ANNEX D: REPORT ON IN-COUNTRY TRAINING ACTIVITIES 90 ANNEX E - CONSULTANTS 129 ANNEX E - CONSULTANTS 129 ANNEX F: LIST OF PRODUCTS AND PUBLICATIONS 179 ANNEX G: FINAL FINANCIAL REPORT 200 ANNEX H: OTHER REPORTS 201 - Inception Report (2003) Mid-term report (2006) Final evaluation report (2008) Reports of Legal Partnership Forum from 2004 to 2009 ANNEX I: LIST OF NON-EXPENDABLE SUPPLIES AND EQUIPMENT ABBREVIATIONS APR Annual Project Review APPR Annual Project Progress Report COA Country Office Administrative Cost CPIAC Central Party Internal Affairs Committee DANIDA Danish International Development Agency GACA Government Aid Co-ordinating Agencies IAWC Inter-Agency Working Committee ICD International Co-operation Department LNA Legal Needs Assessment LND Legal Normative Document LSDF Legal System Development Facility LSDS Legal System Development Strategy MOJ Ministry of Justice MPS Ministry of Public Security NA National Assembly NASC National Assembly Standing Committee NEX National Execution NPD National Project Director NSC National Steering Committee PISC Project Implementation Steering Committee PMU Project Management Unit QR Quarterly Report RTA/STA Resident Technical Advisor Sida Swedish International Development Agency SPC Supreme People’s Court SPP Supreme People’s Procuracy TOR Terms of Reference UNDP United Nations Development Programme BACKGROUND In 2001, the Government of Vietnam approved a proposal by the Ministry of Justice to conduct a comprehensive legal needs assessment to help develop a ten year strategy for strengthening the legal system The Government did this in order to meet its socioeconomic objectives, which it recognized as directly related to the development of its legal system Realizing that this effort could only be effective with the cooperation of all significant law-related agencies, the Government established, for the first time in its history, an Inter-Agency Steering Committee (IASC) headed by the Minister of Justice The IASC, assisted by international experts from a number of different countries, assessed the status of Vietnam’s legal system from 1986 to 2001, and made recommendations to address identified weaknesses in the legal system through a comprehensive legal needs assessment (LNA) The LNA, completed in 2002, was the foundation for creating long-term co-operation and partnership between various Vietnamese law-related agencies and ministries and the international donor community The LNA also provided the basis for a program of international assistance to contribute to the Legal System Development Strategy to 2010 (LSDS) The original Project Document for Project VIE/02/015 “Support for Implementation of Vietnam's Legal System Development Strategy to 2010” between the Government of Vietnam and UNDP - Sweden - Denmark - Norway - Ireland, was signed in September, 2003 The Project followed on the successful Legal Needs Assessment (LNA) conducted by the Vietnamese government with the support of the international community during 2001-2002 The three major outcome targets of the Project were: A A finalized draft of a Legal System Development Strategy that would be issued by an authoritative source within the Vietnamese hierarchy The issuance of such a Strategy by a highly placed authority would assure that law related activities would receive high level support and attention necessary for the law to be effective; B Enhancing the capacity of the Government and other relevant agencies, including a multi agency Steering Committee, similar to the Steering Committee that had led the LNA its a successful result to coordinate and manage implementation of the LSDS ; and C Implementation of a number of high priority components through a "Legal System Development Facility” that would offer a coordinated means of continued support to the LSDS The Outputs, Outcomes and Activities for the Project as described in the Project Document are set forth in Annex A Issues that faced the Project during its implementation have included: A A change in personnel at Government, Project and UNDP levels, including the departure of the former Project Advisor in April, 2006; B Issues of national project execution through a single ministry, which is dealing with a number of other ministries and agencies (SPC, SPP, ONA and MPS, as well as local level Departments of Justice) The substantive coordination of the Project by the PMU, located in the MOJ, was successful in engaging the first major law development effort with a broad participation by key law-related ministries and agencies Requiring the PMU to coordinate all financial aspects as well, however, resulted in both administrative complexities and a certain reduction in ownership by participating ministries and agencies (See Paragraphs 48-50 of this report) An independent mid term review of the Project was conducted in June, 2006, and recommended extension of the Project and the establishing of a clear work plan for the remainder of the Project; Because of the slow pace of implementation of certain Project activities, all of the stakeholders in the project had attempted in good faith to resolve any differences and make progress based on a stakeholder workshop organized in November 2006 This workshop had produced a draft resources and results framework (RRF) for 2007-08 and a draft annual work plan for 2007, along with a joint donor statement for that workshop; A revised set of project outcomes and outputs was developed in 2007 and reoriented certain of the objectives of the project towards strengthening consistency of legal regulations and a greater focus on access to justice and enforcement of law The RRF also drew in more partners (SPP and SPC as part of making a link to the Judicial reform Strategy “JRS”) and sought to strengthen government and donor collaboration and information sharing The final Work Plan for the Project was established and agreed to by all relevant parties following the international consultancy referred to in Paragraph above A copy of the RRF and final Plan is attached as Annex B From mid-2007 to its completion, the Project completed every activity listed in the Work Plan, with the exception of two sub component activities [The National Agency for Legal Aid and the Vietnam Lawyers’ Association] that the designated agency decided to cancel, and one activity that had been rendered unnecessary because of duplicative activities supported by another project PART A: PROJECT PERFORMANCE RELATING TO ITS PROJECT OUTCOMES AND ITS CONTRIBUTION TO THE COUNTRY PROGRAMME OUTCOMES Project outcomes 10 The Project had major accomplishments with each of its three original targeted outcomes:(i) legal and judicial development strategies have been adopted at the highest policy levels; (ii) a series of high priority activities were carried out, and (iii) the Project’s PMU has been able to demonstrate the coordination of planned action by law-related agencies, and how the international community can assist this action 10.1 Outcome One: Positive change: “Finalized Draft LSDS for approval by the competent State authorities” While the issuance of the LSDS was delayed until 2005, the Project very effectively assisted the development of that strategy, which emerged as Politburo Resolutions No 48-NQ/TW (Legal System Development Strategy) and 49 (Judicial Reform Strategy) Elements of the LSDS are also to be found in the general action plan issued by the Standing Committee of the National Assembly as Directive 900 in 2006 These three documents contain much of the substance of the ideas and activities suggested in the original LNA report, and are evidence of the support of Vietnam’s highest authorities to legal/judicial reform Therefore, Outcome One was achieved in full 10.2 Outcome Two: Positive change: implementation of LSDS” “Co-ordinated management of the In 2005, the Project established the Legal Sector Development Facility (LSDF), a funding mechanism under the Project for “emerging needs” in the field of legal reform Since its establishment, the Project has implemented activities by 22 sub-components, i.e smallscale projects financed under the LSDF This has required the Project’s PMU to engage Subcomponents included: Party Central Internal Affairs Committee (Legal Department); Ministry of Pubic Security (Legal Department); Government Inspectorate; Ministry of Foreign Affairs; Vietnamese Lawyers’ Association; Supreme People’s Procuracy; Supreme People’s Court; Legal Aid Agency - MOJ; both substantively and as a matter of administration and financial supervision/management, a number of law-related agencies and ministries, e.g Internal Affairs of the Central Committee of the Party, Ministry of Public Security, Vietnam Lawyers' Association, Office of the National Assembly, Government Inspectorate, Supreme Peoples Procuracy, Ministry of Foreign Affairs and local departments of justice During the course of the Project, the PMU was in frequent contact with staff of all of these agencies, and was able at least to some degree to encourage a coordinated approach to the LSDS Outcome Two was achieved, but the placing of financial management on the PMU may have reduced the ownership of activity results by certain of the Project subcomponents (See Paragraphs 47-49 of this report) 10.3 Outcome Three: Positive change: “A number of high-priority components of the Project and emerging needs implemented through the Legal System Development Facility (LSDF).” The Project completed over one hundred separate activities by its 22 subcomponents See Paragraph 12 These activities dealt directly with important aspects of Vietnam’s legal and judicial development strategies, and did so with a broader cross section of law-related agencies and ministries than had ever been attempted Outcome Three was achieved Country Programme Outcomes: Positive Change 11 A key Programme Outcome set forth in the UNDP Country Programme for Viet Nam (2006-2010) is: "A system of governance based on the key principles of accountability, transparency, participation, equity, and consistent with the rule of law and democracy” Specifically, the Results and Resources Framework of the Country Programme Action Plan 2006-2010 (CPAP) identifies "Formulation and effective implementation of comprehensive strategies to support the reforms of legal/judicial systems, including the ongoing programme to support the implementation of the “Legal System Development Legal Normative Documents post-checking Agency – MOJ; 10 Dep’t of Administrative and Criminal Laws – MOJ; 11 Legal Dissemination and Education Dep’t – MOJ; 12 Civil and Economic Dep’t – MOJ; 13 Personnel Dep’t – MOJ; 14 Institute of Law Research – MOJ; 15 Department of Quasi-Judicial Affairs (DQJ) – MOJ: 16 Department of International Cooperation 17 Department of Justice of Hai Phong City; 18 Department of Justice of Quang Binh Province; 19 Department of Justice of Khanh Hoa Province; 20 Department of Justice of Da Nang City; 21 Department of Justice of Tien Giang Province; 22 Department of Justice of Lam Dong Province; Strategy” (LSDS) and the Judicial Reform Strategy (JRS)" as key outputs of UNDP's and relevant donors' assistance In order to achieve those outputs, the Project focused on the following key groups of actions:  Strengthening planning, steering and overall management of the LSDS and the JRS, including: (a) enhancing policy dialogue on legal and judicial reforms; (b) improving horizontal coordination; (c) facilitating resource planning; (d) developing strategic management systems; and, (e) institutionalizing tools for learning from and replication of best practices  Implementing key components of the LSDS and JRS, including use of the Legal System Development Facility (LSDF), to (a) strengthen legal drafting, research, review and appraisal capacities, with priority being given to legislation on the organization and operation of institutions within the national political system, legislation on rights of citizens to freedom and democracy, legislation on civil, economic and commercial activity, and legislation on international integration; (b) advancing criminal justice and judicial procedures reform; and (c) enhancing law implementation and enforcement capacities  Strengthening capacities for promoting the rule of law and access to justice at local levels by: (a) strengthening alternative dispute resolution mechanisms at local levels; (b) enhancing legal education and dissemination; (c) promoting alternative mechanisms for legal aid; and, (d) improving law enforcement capacities  Strengthening central and local capacities to implement international human rights treaties ratified by Viet Nam by: (a) raising general awareness on ratified human rights treaties and the associated reporting obligations; (b) assessing the status of implementation of ratified human rights treaties into national legislation; and (c) addressing capacity development needs related to reporting obligations to treaty bodies Project Outputs 12 These activities are described in the lists and tables set forth in Annex C Among the most notable activities are the Project’s support to the issuance of Resolution 48, and (to a lesser degree) Resolution 49; its role in improving the redrafts of several laws, including the amended Law on the Promulgation of Legal Normative Documents, and the decrees 10 # Name of reports/publications Main contents of the reports/publications Note the Development and Improvement of Vietnam's Legal System to the Year 2010 and Direction for the Period up to 2020 (Politburo Resolution No.48-NQ/TW issued on May 24th, 2005) The Project has attempted drafting the Manual of Drafting and Reviewing Legal Normative Documents promulgated by People’s Councils and People’s Committees This is not the first book that offers guidance on drafting and reviewing legal normative documents With the assistance of UNDP, MOJ has also undertaken to issue a number of books for legislation related researches such as "Legal Normative Document Drafting Procedures" (1998), "Professional Guidance on Legal Normative Document Drafting and Reviewing" (2002), "Professional Guidance on Reviewing and Systematising Legal Normative Documents" (2003), “Comments on the Law on Promulgation of Legal Normative Documents” (2005) However, this Manual provides implications, roles and essential contents in drafting and reviewing local legal normative documents promulgated by People’s Councils and People’s Committees 17 Skills on training for officers of political system at grassroots This book gives basic skills on training for officers of political system at grassroots Kỹ tập huấn cho cán trị sở 18 Nine volumes on legal knowledge and legal manual for Officials and public servants at grassroots level: Officials and public servants at grassroots level (communes, precincts, and towns) are the closest to ordinary people Within their scope of functions, and duties, they directly "bring" the laws to the Published by Judicial Publishing House Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office Published by Judicial Publishing House Available in [Vietnamese only] and in [hard/soft copy], at 186 # Name of reports/publications Legal Knowledge: Volume State Apparatus and building of government at commune level Volume State Management on Economic Area, Natural Resources, Environment and Infrastructure Volume State Management on Civil, Marriage, Family and Social Matters Volume National Defence, Security, Social Order and Safety Volume Procedures Administrative - Legal Manual: Volume Economic Area, Resources, Environment Infrastructure Judicial Main contents of the reports/publications Note [PMU office/project people through dealing with matters relating to the legitimate rights component office and benefits of the people, at the same time, official and public servant at grassroots level understand the most expectations and needs of the peoples, understand well problems and shortcomings of the State's policies, laws and regulations in application in the real life Although policies and laws of the State are proper, its implementation will be less effective if they are not applied by competent public servants However, because of various objective and subjective reasons, capacity of officials and public servants at grassroots level are limited, there are a part of them are not capable to meet with requirement, especially in the context of industrialisation, modernisation and building of a socialist rule of law State of the people, for the people and by the people sub- Accordingly, improvement of legal capacity for official and public servants at grassroots level is a pressing need to contribute to strengthen local staff to be qualified and capable to fulfill implement and enforce their duties and tasks as provided for by laws and to protect legitimate rights and benefits of individuals and organisation in the local area Natural and Aware of importance of the issue in the context of development of a legal system for Viet Nam until 2010 and orientation up to 2020, under the framework of Project VIE/02/015, Project Steering Volume Civil, Marriage, Family and Committee selected Lang Son province as the pilot site to Social Matters implement a sub-project on strengthening the legal capacity for officials and public servants at grassroots level and assigned Volume National Security, Social Order Central Internal Affairs Committee to deploy the sub-project and Safety Based on a based-line survey and an assessment report on current 187 # Name of reports/publications Volume Administrative Procedures at Commune Level 19 Judicial Compendium on Biannual Coference and Legal Partnership Forum 2005 Kỷ yếu diễn đàn đối tác pháp luật đối thoại sách pháp luật 2005 20 Compendium on Biannual Coference and Legal Partnership Forum 2006 Main contents of the reports/publications status of legal capacity of officials and public servants in Lang Son province and based on needs officials at Lang Son province, a set of volumes of training materials for officials and public servants at grassroots level of Lang Son province is developed These materials comprise of five volumes named "Legal Knowledge for Officials and Public Servants at Grassroots Level" and the other four volumes named "Legal Case Studies for Officials and Public Servants at Grassroots Level" This is a complilation of all reports, presentation at the LPF 2005 Available in [Vietnamese and conducted in Hanoi, 2005 English] and in [hard/soft copy], at [PMU office/project sub-component office This is a complilation of all reports, presentation at the LPF 2006 conducted in Hanoi, 2006 Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Báo cáo độc lập đánh giá tình hình thực trạng hoạt động án nhân dân cấp huyện (thể chế, thiết chế, lực cán án, điều kiện sở vật chất, công tác đào tạo bồi dưỡng cán án ) đề xuất nhu cầu để nâng cao chất lượng án nhân dân cấp huyện Cuốn sách tập hợp hai văn quan trọng liên quan đến công tác cải cách pháp luật Việt Nam: Chiến lược xây dựng hoàn thiện hệ thống pháp luật Việt Nam đến năm 2010, định hướng đến năm 2020 (Nghị 48 Bộ Chính trị) Kế hoạch triển khai việc thực Chiến lược (Chỉ thị số 900 Uỷ ban Thường vụ Quốc hội) Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Kỷ yếu diễn đàn đối tác pháp luật đối thoại sách pháp luật 2006 21 Đánh giá nhu cầu án nhân dân cấp huyện phạm vi toàn quốc 22 Chiến lược xây dựng hoàn thiện hệ thống pháp luật Việt Nam đến năm 2010, định hướng đến năm 2020 Note Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office 188 # Name of reports/publications Main contents of the reports/publications Note Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office 23 Chiến lược cải cách tư pháp đến năm 2020 Chiến lược cải cách tư pháp đến năm 2020 (Nghị 49 Bộ Chính trị) đề định hướng đạo Đảng công tác cải cách tư pháp Việt Nam 24 “Legal consultancy activities of sociopolitical and socio-professional organizations”, including two following volumes: Volume Report on the results of survey on the needs, current status of organizational structure and effectiveness of operation a group of domestic experts carried out a comprehensive survey throughout the country on organizational structure and operation of legal consultancy and produced a report on the outcomes of the survey The Report has been completed with the helps of legal experts, legal consultants, representatives of the mass organizations at central and local level, and representatives of justice departments given at two workshops held in Hanoi and Ho Chi Minh cities Some proposed policies and essential solutions including a solution to enhance capacity for the legal consultants, have been presented in this Report in order to develop and strengthen structure and operation of legal consultancy of the mass organizations Preparing a set of training material on legal consultancy skills for legal consultants is one of the practical activities which is interested and supported by the Project VIE/02/015 so as to improve the knowledge and quality of legal consultants In order to satisfy the above objectives and to serve the needs of training legal knowledge and legal consulting skills for legal consultants of mass organizations, the Ministry of Justice has chaired and cooperated with national legal experts to compile the training manual on Legal Consultancy Skills The training material was completed in the late 2008 with the active contributions of national legal experts and valuable opinions of a number of international experts The training manual provides basic and indispensable consulting skills for legal consultants, legal collaborators, also present some knowledge of laws concerning the 189 # 25 26 Name of reports/publications Main contents of the reports/publications Note operation of legal consultancy, and they can be used as a reference book for lawyers, legal aid providers, legal lecturers, students of law and other related people “Legal consultancy activities of socio- Manual on legal consultancy skills political and socio-professional organizations”, Volume Legal consultancy skills Cẩm nang thực hành tình kiểm tra Một sách gồm gần 100 tình pháp luật cụ thể văn quy phạm pháp luật lỗi, sai sót công tác soạn thảo văn (các lỗi sai sót nội dung, hình thức, thẩm quyền ban hành văn ) sách coi sách gối đầu giường dành cho cán kiểm tra văn 27 Báo cáo nghiên cứu đổi cấu tổ chức quan kiểm sát, Báo cáo chuyên gia quốc tế Báo cáo hội thảo 28 Institutional and practical evaluation on implementation of laws and regulations on settlement of administrative violations Đánh giá thể chế thực tiễn thi hành pháp luật xử lý vi phạm hành + Phụ lục - Kỷ yếu hội thảo Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office Published by Judicial Publishing House Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office Các báo cáo nghiên cứu kinh nghiệm nước thực trạng Available in [Vietnamese and nước nhằm đề giải pháp cải cách mơ hình tổ chức English] and in [hard/soft hệ thống quan kiểm sát đề xuất sửa đổi, bổ sung cho copy], at [PMU office/project Luật tổ chức viện kiểm sát nhân dân sub-component office The Report on Overall Assessment of Current Legal Normative Available in [Vietnamese only] Documents Concerning the Handling of Administrative Violations and in [hard/soft copy], at (hereafter referred to as "the Assessment Report") consists of four [PMU office/project subparts: component office Part One: Assessments of Legal Normative Documents Containing General Provisions on Handling of Administrative Violations Part Two: Assessments of Legal Normative Documents on Penalties for Administrative Violations in Various Areas of the State Management This Part is divided into three sections, providing the assessments of all existing legal normative documents concerning penalties for 190 # Name of reports/publications Main contents of the reports/publications Note administrative violations, which is, in turn, divided into three groups according to areas of the state management Part Three: Assessments of the legal normative documents concerning other administrative handling measures Part Four: Conclusions and recommendations This Report is accompanied by an Annex that includes an exhaustive list of all legal normative documents in force concerning the handling of administrative violations, which are arranged in a logical order (classified by areas of the state management) and compiled in five volumes - to serve study and reference purposes 29 Assessment survey on the efficiency of implementing vietnamese laws on sanction for administrative violations in social life Báo cáo Đánh giá hiệu thực pháp luật xử lý vi phạm hành đời sống xã hội (tập - Báo cáo Investconsult) The report comprises two main parts, the first part gathers and analyses the information regarding: i) The level of the practical application of forms of penalties and other settlement measures in some specific areas; ii) Some difficulties the subjects often face in the administrative violation settlement relationships; iii) The assessments and views of the respondents on the shortcomings and limitations of the existing legal regulations on administrative violation penalties; iv) The attitude and awareness of the subjects about administrative violation penalties; v) The assessment and views of the respondents on the efficiency of the law implementation and the implications of the application of administrative violation penalties in some specific areas; iv) Recommendations of the respondents on the necessity of the administrative violation penalties and the completion orientation Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office The second part gathers and analyses the information regarding: i) The level of the practical implementation of other administrative settlement measures; ii) Some difficulties the subjects often face when applying other administrative settlement measures; iii) The 191 # Name of reports/publications Main contents of the reports/publications Note assessments and views of the respondents on the shortcomings and limitations of the existing legal regulations on other administrative settlement measures; iv) The attitude and awareness of the subjects about other administrative settlement measures; v) The assessment and views of the respondents on the efficiency of the law implementation and the implications of the application of other administrative settlement measures; iv) Recommendations of the respondents on the necessity of other administrative settlement measures and the completion orientation 30 Comparative report on laws on judgement enforcement in some countries The report prepared by international consultant serving for the process of drafting law on judgement enforcement in Vietnam Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Report on Regulatory Impact Assessment This is the first report in Vietnam to discuss about the Regulatory of Law on Promulgation of legal normative Impact Assessment , it gives guidance on preparation of RIA report documents for draft law in accordance with Law on Promulgation of legal normative documents 2008 Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Báo cáo nghiên cứu so sánh thi hành án số nước 31 Báo cáo đánh giá tác động pháp luật Luật Ban hành văn quy phạm pháp luật 32 Manual on legal drafting and reviewing for Law on Promulgation of legal normative documents Sổ tay soạn thảo, thẩm định đánh giá tác động pháp luật văn quy phạm pháp luật This Manual gives guidances and skills on drafting LND in in accordance with Law on Promulgation of legal normative documents 2008 Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office 192 # Name of reports/publications Main contents of the reports/publications Note 33 Research Report the role of the National Assembly in ensuring consistency of legal system In legislative affairs, the Law Committee has still not fully fulfilled its regulated duties in checking the consistency of draft law submitted to the National Assembly with the legal system Several laws were adopted with articles contravened with other laws which were not revised simultaneously For example, the Law on Organization of the National Assembly was recently amended and supplemented but some other related laws (e.g Law on State Audit, Law on Oversight Activities) were not revised at the same time so there are some articles of those laws not consistent with each others Furthermore, the supervisory activities on examining legal documents which show the signs of contravening the Constitution and laws have not been conducted regularly by the National Assembly and its organs Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Báo cáo đánh giá vai trò Quốc hội Uỷ Quốc hội việc bảo đảm tính thống hệ thống pháp luật, Báo cáo chuyên gia quốc tế tài liệu Hội thảo The Twelfth National Assembly was just elected in May, 2007 In this term, one of the five major tasks of the National Assembly is to construct a comprehensive legal system that promotes the developing market economy and maintains social stability in the context of integration and globalization Furthermore, just prior to the election, the Law on the Organization of the National Assembly was amended to create more committees with the aims to improve the capacity of the National Assemble and its organs in legislative affairs This provides an important and timely opportunity to review the role of the National Assembly and its committees in securing the consistency of the legal system Therefore, a comprehensive study is prepared to provide the National Assembly an analysis and recommendations on how to improve the role and the capacity of the National Assembly and its committees in securing the quality and consistency of the legal 193 # Name of reports/publications Main contents of the reports/publications Note As Vietnam considers the degree to which civil society organizations of various kinds should participate in lawmaking and public policy, a comparative perspective on these issues from four countries (China, Singapore, India, and the United States) reveals several conclusions Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office system 34 Civil Society Participation in Law Drafting and Public Policy: A Comparative Perspective Báo cáo nghiên cứu so sánh học kinh nghiệm liên quan đến tham gia xã hội dân trình làm luật, Báo cáo chuyên gia quốc tế Tài liệu Hội thảo Based on national conditions, history, political traditions, and other factors, there is significant diversity in the guarantees of rights to civil society organizations to participate in lawmaking and public policy Countries range from the relatively restricted (Singapore) to the relatively unrestricted (India and the United States), to situations where civil society organizations are rapidly becoming more active in lawmaking and public policy even where legal provisions have not yet fully caught up with those developments (China) There is significant diversity in the implementation of rights or permission for civil society groups to participate in lawmaking or public policy Some countries generally allow it through constitutional and legal mechanisms, without specifying too closely in law, and allowing central and local governments relative discretion (sometimes far too much discretion) in which organizations are punished for their participation in lawmaking and public policy (India) Others regulate more closely on this issue, while still allowing most participatory activities (ie the United States) Some countries differentiate between types of civil society organizations as they define permissible participation in lawmaking 194 # Name of reports/publications Main contents of the reports/publications Note and public policy 35 Study report on criminal policy and criminal procedure policy in Vietnam: national consultants' and international consulant's reports Based on international experience, the consultants suggest recommendation for Vietnam in improvement of its on criminal policy and criminal procedure policy Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Nghiên cứu khảo sát sách hình tố tụng tư pháp Việt Nam, báo cáo nghiên cứu chuyên gia Việt Nam chuyên gia quốc tế (2 tập, tập 1: sách hình sự, tập 2: tố tụng dân sự) 36 Compendium on Biannual Coference and Legal Partnership Forum 2007 This is a complilation of all reports, presentation at the LPF 2007 conducted in Hanoi, 2007 37 Report on survey results on current status of access to legal information at grassroots level This report compiles opinions of citizens, officials and business on the situation of access to information, especially legal information in Vietnam Báo cáo khảo sát thực trạng tiếp cận thông tin pháp luật sở 38 International comparative study on legal communication strategy and access to legal information, new legal communication modalities and new approach on access to legal information in the world Báo cáo đánh giá so sánh kinh nghiệm quốc tế truyền thông, phổ biến tiếp Vietnam has made many steps in the right direction of increasing transparency and distributing legal information Citizens, Vietnamese lawyers, Vietnamese journalists, and Vietnamese state departments and employees, through the Law on Laws, the Law on Local Laws, and efforts to improve the Cong Bao, both print and electronic, have access to many, but not all, current laws, decrees, resolutions and decisions State sources such as the National Assembly laws database and the Ministry of Justice database have been supplemented by commercial databases such as Khai Tri.3 Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office 195 # Name of reports/publications cận thông tin pháp luật, đề xuất mơ hình phù hợp cho Việt Nam Main contents of the reports/publications Note International organizations, foreign investors, scholars, foreign lawyers and journalists have all been aided in their work and their understanding of the Vietnamese legal system by these improvements Some further enhancements could be made Comparisons with other countries, particularly Eastern European countries, as revealed by the following study suggest that access and understanding of the laws could be increased in many ways: Constitutional reform, legal reform, Statutory reform, Gazette reform, Law on Laws reform, Voluntary methods of informing the public about law, 39 Report of the workshop on access to legal information at grassroots level The report compiles experience of more than 60 countries in all over the world and recommendations for Vietnam in increasing rights to access to information It compiles opinions and comments for the two reports (survey reports and comparative report) on access to legal information Báo cáo Hội thảo tiếp cận thông tin pháp luật sở 40 Study tour in Republic of Singapore and Spain in June 2008 to learn about the exposure of national level policy makers to , and exchange of views on, (i) practical ways of strengthening systems and Institutions Required by a Rule-of-Law State during Transition Periods, and (ii) Practical Means of Increasing Access to Justice The activities carried out under Project VIE/02/015 could timely meet the requirements posed by the ongoing legal and judicial reforms Moreover, one of the tasks to be performed during the implementation of Resolution No 48 is to study and gain experience and knowledge from relevant foreign countries, with a view to speeding up and ensuring the effective implementation of the Legal System Development Strategy to 2010 In this regard, it is very helpful to study comparative concepts and experience from the ASEAN countries and certain European developed countries that have much experience in carrying out legal reforms to support economic transformation, Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Previous studies by Virginia Wise for the STAR Programme and Le Thi Nam Huong, now of UNDP, have indicated by comparative searches, that all of the State legal databases are incomplete and inconsistent in the provision of current legal normative documents Khai Tri seems to consistently provides the most complete access to legal information 196 # Name of reports/publications Main contents of the reports/publications Note The activities carried out under Project VIE/02/015 could timely meet the requirements posed by the ongoing legal and judicial reforms Moreover, one of the tasks to be performed during the implementation of Resolution No 48 is to study and gain experience and knowledge from relevant foreign countries, with a view to speeding up and ensuring the effective implementation of the Legal System Development Strategy to 2010 In this regard, it is very helpful to study comparative concepts and experience from the ASEAN countries and certain European developed countries that have much experience in carrying out legal reforms to support economic transformation, Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese and English] and in [hard/soft copy], at [PMU office/project sub-component office Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office Báo cáo khảo sát Singapore and Spain xây dựng nhà nước pháp quyền tiếp cận công lý 41 Study tour in Republic of Korea and Hungary in September 2008 to learn about the exposure of national level policy makers to , and exchange of views on, (i) practical ways of strengthening systems and Institutions Required by a Rule-ofLaw State during Transition Periods, and (ii) Practical Means of Increasing Access to Justice Báo cáo khảo sát Hàn Quốc - Hungary xây dựng nhà nước pháp quyền tiếp cận công lý 42 Compendium on Biannual Coference and Legal Partnership Forum 2008 This is a complilation of all reports, presentation at the LPF 2006 conducted in Hanoi, 20068 43 Compendium on Biannual Coference and Legal Partnership Forum 2009 This is a complilation of all reports, presentation at the LPF 2006 conducted in Hanoi, 2009 44 Research report on development of project on general oversight of law implementation and materials at the relevant workshop Báo cáo nghiên cứu xây dựng đề án triển khai nhiệm vụ theo dõi chung thi hành 197 # Name of reports/publications Main contents of the reports/publications Note pháp luật tài liệu hội thảo có liên quan 45 Research report on preparation of law making agenda and materials at the relevant workshop Báo cáo nghiên cứu chuẩn bị chương trình xây dựng pháp luật tài liệu hội thảo có liên quan 46 Reports at worshops to discuss on evaluation of year implementation of Resolutions 48 and 49 Báo cáo hội thảo thảo luận phương pháp đánh giá sơ kết tình hình thực Nghị 48 Bộ Chính trị Chiến lược xây dựng hoàn thiện hệ thống pháp luật Việt Nam đến năm 2010, định hướng đến năm 2020 Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office Available in [Vietnamese only] and in [hard/soft copy], at [PMU office/project subcomponent office 198 Annex G: FINAL FINANCIAL REPORT FINAL FINANCIAL REPORT Total disbursement ODA (USD) Total committed fund (mil.VNĐ) (2) 1,642,734 ODA (in VNĐ) Currenc y Planned Actual Planned (3) (4) (5) 5,178,48 5,008,76 USD Rate of disbursement (%) Government contribution (mil.VNĐ) Tổng số (tr.VNĐ) Actual Planne d Actual Planned Actual (6) (7) (8) (9) (10)=(6)+(8 ) (11)=(7)+(9 ) 85,445,01 82,644,60 1,566,00 1,566,00 87,011,01 84,210,60 ODA Governmen t contributio n TOTAL (12)=(7)/ (6) (13)=(9)/(8) (14)=(11)/(10) 97% 100% 97% 199 Annex H: OTHER REPORTS 200 ... 179 ANNEX G: FINAL FINANCIAL REPORT 200 ANNEX H: OTHER REPORTS 201 - Inception Report (2003) Mid-term report (2006) Final evaluation report (2008) Reports of Legal... supported by another project PART A: PROJECT PERFORMANCE RELATING TO ITS PROJECT OUTCOMES AND ITS CONTRIBUTION TO THE COUNTRY PROGRAMME OUTCOMES Project outcomes 10 The Project had major accomplishments... future projects is to assign single, separate projects to individual agencies, such as a separate project for the MOJ, another separate project for the SPP, etc In addition to these separate projects,
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