Consisting of 6 chapters and 50 articles, the new Decree is regarded as the significant development of organization and operation of Justice’s Inspectorates for the following reasons:
(1) The Decree has supplemented two departments of the MOJ which are assigned to perform judicial specialized inspection functions: Department of Civil status, Nationality and Authentication and Department of Judicial Affairs Support;
(2) The Decree has clearly identified and distinguished administrative inspection activities and specialized inspection activities in the fields of state management of the Justice sector;
(3) The content of specialized inspection has been innovated in the new Decree. Accordingly, 18 fields of specialized inspection have been stated in the Decree from Article 18 to Article 35;
(4) The Decree has clearly defined the competence and scope of the specialized inspection of judicial agencies performing inspection activities, consisting of the Ministry of Justice’s Inspectorate, Department of Justice’s Inspectorates, Department of Civil status, Nationality and Authentication; and Department of Judicial Affairs Support;
(5) The drafting and approving annual inspection plans and handling the overlap of inspection activities have been innovated in the Decree with Article 39 and Article 40.
(6) The activities of re-inspection and unplanned inspection have also been specifically regulated in the new Decree with Article 38 and Article 41, respectively;
(7) The Decree has also stated the administrative violation sanction competence of authorized persons of Department of Civil status, Nationality and Authentication; and Department of Judicial Affairs Support (Articles of 12 and 44).
In conclusion, the promulgation of Decree No. 54/2014/ND-CP marks an important progress of organization and operation of Justice’s Inspectorates. The effective implementation of this Decree will contribute to the development of the Justice sector in general.
The Decree comes into effect as from 20 July 2014.