On 19-20/10/2012, with supports of Project “Strengthening Access to Justice and Protection of Rights in Viet Nam”, the Institute on Law Research, Ministry of Justice, held a workshop on the draft report of comparative study on the assignment and performance of some State management functions in the judicial field in Canada, France and China in Hai Phong. The workshop was chaired by Deputy Minister of Justice, Hoang The Lien. Participated at the workshop were representatives of leaders of the Institute on Law Research; legal departments of Ministry of Internal Affairs, Ministry of Public Security, Supreme People’s Procuracy, Judicial Academy; Hanoi Law University and other departments of the Ministry of Justice; Department of Justice of some provinces and centrally-run cities in the North; leaders of Department of Justice and representatives of professional departments of the People’s Committee, Divisions of Justice of Hai Phong.
At the workshop, Pro. Dr. Le Hong Hanh, Director of the Institute on Law Research, briefly introduced the current organization of Justice Sector in Vietnam and some recommendations on enhancement of socialization of judicial services and verification. Mr. Cao Xuan Phong, Head of Research Commission on International Law, Comparative Study and Human Rights, summarized the draft report of comparative study on the assignment and performance of some State management functions in the judicial field of selected countries, in which focusing on some specific functions and lessons learnt, experience for Viet Nam.
International experts also shared information on functions and tasks of the Ministry of Justice of Canada, France and China. Moreover, the workshop also introduced other presentations by national experts including: “Some basic contents of Draft Decree to replace Decree No. 93/2008/ND-CP dated 22/8/2012 of the Government on functions, tasks, powers and organizational structure of the Ministry of Justice” by Mr. Dinh Van Loc, Department of Personnel and Organization; “Socialization of the current public services in Justice Sector – Practice and solutions” by Dr. Nguyen Van Hien, Institute on Law Research; and “Functions and status of the Ministry of Justice in judicial field” by Dr. Nguyen Van Tuan, Chief Director of the Democracy and Law Journal.
The participants actively discussed and exchanged opinions on functions of Ministry of Justice of selected countries and thereon compared with Viet Nam’s practice and withdrew lessons learnt and application of those functions and tasks to Viet Nam. The main topics of the discussion focused on putting the Institute of Public Prosecution under the Ministry of Justice’s management, education of legal titles, management of training schools/institutes of legal titles, judicial verification, tasks and functions of provincial judicial agencies, etc.
At the closing, Deputy Minister Hoang The Lien concluded the following issues: Firstly, further improve successes in implementation of the current tasks and functions of the Ministry of Justice. One of the key functions and tasks of the Ministry of Justice is law development – this will provide basis for development and improvement of a sound and feasible legal system and a rule-of-law State. Moreover, the Ministry of Justice also plays the role as a focal point and presiding role in monitoring of law implementation. In practice, there are numerous problems related to the current practice of law implementation, which should be settled in the coming time. Therefore, law implementation should remain as one of key functions of the Ministry of Justice. Moreover, the Ministry should also strengthen exercising of functions in other aspects including human rights, civil status, adoption, judicial records, etc. Secondly, related to directions for renovation of the Ministry’s functions and tasks in the coming time, it is essential to screen some functions and tasks in the direction of socialization in order to ensure competitiveness and equity in the society (for instance, administrative judicial services, auction, judicial verification, etc.). And finally, it is essential to further study some other functions and tasks of the Ministry of Justice in order to ensure the compatibility of these functions and tasks, including putting education of legal titles at training schools, institutes or Institute of public prosecution under Ministry of Justice’s management./.
Focal point: Ha Tu Cau, Institute of Law Research, Ministry of Justice, tel: 0913000202, email: cauht@moj.gov.vn