Government of Viet Nam - DANIDA - Sida – UNDP

Project VIE/02/015

“Assistance for the Implementation of

Viet Nam’s Legal System Development Strategy to 2010”

INCEPTION REPORT
Hanoi, December 2003

Prepared by:
Alexandre Richelieu - International Consultant
Phan Nguyen Toan - National Expert
Vo Van Tuyen - National Expert

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 SUMMARY

1. Background

2. Inception Phase

3. Overall Objectives

4. Scope of Mission

5. Expected Outputs

6. Project Components

7. Implementation

8. Plan of Action

9. Inception Phase Events

10. General Assessment of the Project Document

11. Specific Comments on the Project Document

12. Identification of New Components and Priorities

13. Conclusion

14. Recommendations

15. Comments

Annex 1 : List of the PMU Staff - Project VIE/02/015

Annex 2 : List of the members of the Inter-Agencies Steering Committee
Annex 3 : List of the participants to the Project Launching Cum Inception work shop
Annex 4 : List of the agencies and organizations visited by the Inception Mission
Annex 5 : Work plan for 2004.

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 INCEPTION REPORT

1. BACKGROUND

Since the end of 1986, with the adoption of the Doi Moi Policy, the improvement of the
national legal system has been one of the issues which have consistently attracted considerable
attention from the Vietnamese Party and the State. This has been reflected in almost all of the
Party resolutions.

After more than seventeen years of implementing the Doi Moi policy, Viet Nam has steadily
improved its legal system to meet the requirements of a socialist- oriented market economy and
the rule of law socialist state in Viet Nam.

An achievement of over reaching importance has been the elaboration of the Legal Needs
Assessment, completed in 2002, as a collaborative effort between the Vietnamese Government,
the legal sector institutions and several of the main donors and international partners.

The Legal Needs Assessment (LNA) is a far-reaching and comprehensive analysis and agenda
for reform of the Vietnamese legal sector that will be a key guiding document over the next
decade. The LNA comprises a comprehensive study on the shortcomings of the Vietnamese
legal sector considering the wish to transform into a socialist economy into a socialist market
economy based on the rule of law. More important laws, ordinances and Governmental
regulations had been adopted. (in particular the amendment of the Law on Promulgation of
Legal Normative Documents at the central level, Land Law, amendment of the Law on
Organization of the Local People Councils and Committees, amendment of the Law on State-
Owned Enterprises, amendment of the Law on State Budget, amendment of the Criminal
Procedures Code, e.t.c.)

The LNA has been transcribed into the Legal Sector Development Strategy (LSDS), which is
now being in the process of drafting and finalizing before submitting to the competent state
authority for approval.

The Project Assistance for the Implementation of Viet Nam’s Legal System Development
Strategy to 2010 proposes immediate assistance from UNDP and other donors to the
implementation of this strategy.

The Project is actively completing all necessary actions to timely take off shortly.

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2. INCEPTION PHASE

The focus of this report is:

a) To summarize the assessment of the Project Document, including a critical analysis of

Project focus, its priorities and feasibilities and recommend necessary changes in terms
of substantive as well as implementation and management arrangements to make the
Project Document realistic in achieving essentially needed results. The assessment’s
results will be discussed with the PMU and UNDP for approval. Based on the assessment
of Project Document and in close consultation with relevant executing agencies, the
Mission prepares a work plan for 2004 and an indicative four year work plan (the whole
Project life).

b) Working with other key relevant agencies to discuss in details technical issues and
implementation issues arisen from desk-review and initial discussions and recommend
the relevant activities to be included in the Project’s frame.

c) Through meetings with these executive agencies already involved in this Project and new
institutions have not been involved, the Mission finds out the new priority needs of these
legal agencies to submit to PMU and UNDP for establishment of new initiatives that fit
in the criteria of LSDF.

3. OVERALL OBJECTIVES of the project

In order to Project Document prescriptions, the overall objectives of the Project are defined:

Objective 1: Improved and finalized LSDS Draft for approval by the competent State
authorities and its immediate implementation.

Objective 2: Strengthened capacity of the LSDS Management Mechanism to manage, co-

ordinate and oversee the entire implementation process of the LSDS.

Objective 3: Enhanced capacity of the management structures through the implementation of a

number of high-priority components and identification of emerging needs.

4. SCOPE OF MISSION

In order to assess the Project Document, including a critical analysis of Project focus, its
priorities and feasibility, and recommend necessary changes, a short-term Mission has been
organized.

In accordance with the Terms of Reference, the Mission was expected to carry out the
following activities:

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 a) Assessment of the Project Document, including a critical analysis of Project focus, its
priorities and feasibility, and recommend necessary changes as needed in terms of
substantive as well as implementation and management arrangements to make the
Project Document realistic in achieving essentially needed results. The assessment’s
results will be discussed with the PMU and UNDP for approval.

b) Upon agreement by the PMU and UNDP, take necessary actions to prepare an indicative
four-year work plan (for the whole Project life), review the milestones planned for the
first year and prepare a work plan for 2004.

c) Following consultations with and agreement by the PMU and UNDP, prepare a short
report in the form of an Inception Report (RI).

d) Working with other key legal agencies and other relevant agencies to discuss in detail
technical issues and implementation issues arisen from desk-review and initial
discussions.

5. EXPECTED OUTPUTS

The expected Projects outputs at the end of the Project implementation are:

 The LSDS Draft approved by the competent state authorities;

 Enhanced capacity of the LSDS Secretariat;
 Establishment of a Management Information System, incorporating a database, for co-
ordination activities;
 Sustained co-ordination among the Government, state agencies and donors;
 Co-coordinated multi-donor support facility (the LSDF) established to facilitate the
mobilization of resources to support the LSDS implementation;
 Implementation of a number of short-term priority proposals; and
 Identification, funding and implementation of other emerging high-priority needs.

6. PROJECT’S COMPONENTS

Four priority components have been identified in the Project Document, of which:

a) Strengthening the Legislative Drafting Process (lead agency: Ministry of Justice).

The immediate objective is the democratic and proactive participation of all citizens in the law
making process through strengthened capacity of all Governmental agencies to draft, review,
promulgate, systematize, codify, post-checking of legal normative documents issued by
ministerial agencies and local authorities and supervise over their implementation.

b) Improving Access to Justice (Lead Agency: Ministry of Justice).

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The immediate objective is improved accessibility to the legal system and database by all state
officials, enterprises and individual citizens to ensure the effective and efficient implementation
of the promulgated laws and regulations, and the protection of the legal rights and interests of
such state officials, enterprises and individual citizens.

c) Organizing the Implementation of the “Ordinance on Handling Administrative Violations” in

the People’s Police Force (Lead agency: Ministry of Public Security).

The immediate objective is to increase awareness and understanding in the police force of the
regulations of the 2002 Ordinance on Handling Administrative Violations, especially new
measures relating to the functions and duties of the people’s police force to implement
effectively the Ordinance and contribute to maintaining social order and security.

d) Strengthening the Capacity of Key Officials in the Political System at the Grassroots Level to
Implement Laws (Lead agency: Communist Party Internal Affairs Committee).

The objective is to enhance substantive and procedural legal knowledge of local officials
relating to their functions and to ensure the promotion and protection of the legitimate rights
and undertaking of obligations of citizens at the grassroots level.

7. IMPLEMENTATION

Implementation of the LSDS is a top priority in the Government reform agenda. The
comprehensiveness, complexity and long-term nature of this priority demands a sustained
capacity to guide, monitor, co-ordinate and evaluate the reform process.

Such sustainability is likely to be achieved for the following reasons:

 the Project is clearly based on a national priority and national strategic framework;

 the Government has demonstrated strong national ownership over legal reform initiative
as illustrated by the LSDS;

 any assistance through the Project will directly serve the implementation of the LSDS
and at the same time build sustainable capacity for managing the implementation
thereof;

 the Project will promote an integrated approach to legal framework and hence facilitates
an inter-agency team environment in which substantial skills and know-how can be
transferred both within national teams and between international and national experts,
thereby enhancing ownership and sustainable capacities within the Government.

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8. PLAN OF ACTION

According to the Project Document, the two major activities are as follows:

 Project coordination and management mechanism implementation.

In this regard, the Project Management Mechanism should involve PMU, Governmental
agencies, UNDP and other donors, under a only coordination, in order to ensure the
coherence and uniformity of the relations among the partners involved in the Project
development; and

 Baseline studies should be prepared and a Monitoring and Evaluation System (MES) to
be developed during the stage of the Project, in order to create the necessary conditions
to the LSDS implementation.

These activities lay the foundation for the achievement of the expected outputs of the Project.

9. INCEPTION PHASE EVENTS

Activity 1.1- Set up:

There was an inter-agency meeting to discuss how to activate this Project and how to
cooperate between relevant legal agencies in the Project implementation process. Based on
the conclusion of the meeting, a formal letter from the MOJ in a capacity of the executing
agency was sent out to relevant legal agencies requesting the latter to nominate their
representatives at vice-ministerial level to join the Inter-Agency Project Steering
Committee. A number of relevant legal agencies have nominated their representatives. It is
suggested that the composition of the Inter-Agency Project Steering Committee should not
only consist of representatives from the identified sub-components, such as MOPS and
CPIAC, but also representatives from other key legal agencies who will be involved in the
implementation of the Strategy, such as Law Committee of the NA, ONA, SPC, and SPP.
The representatives from MPI, MOFI, and OOG should also be included since they are
GACA agencies.

The National Project Director was appointed. Mr. Uong Chu Luu, Minister of Justice, was
assigned to take this position temporally in the first stage, given the importance of this
Project and to ensure that all preparatory activities should be adequately carried out to
activate the Project. The Project Management Unit was established under a transparent
procedure.

The Project office was set up in the MOJ building. The necessary equipments and facilities
for the Project office of the PMU and sub-components have been furnished. Administrative
and logistic conditions for the Project activation have been arranged. The Project is ready
for the implementation.

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 The recruitment of the international experts (RTA and LSDF management specialist) is
underway. It is recommended that this process should be accelerated so that all Project team
will be on broad soon.

Activity 1.2 Work Plan:

The first work plan was prepared for the 4 th quarter of this year. The preparation has
involved not only PMU, UNDP but also sub-components to get them familiar with
procedure and ready for real implementation.

The work plan for the next year and the overall work plan for the entire Project life has been
prepared by the Inception Mission and will be finalized and attached to this Report

Activity 1.3 Budgets:

Since this Project involves a number of sub-components, it is strongly recommended that

the budgeting for sub-components should be designed to ensure the adequate tracking and
funding and monitoring.

10. GENERAL ASSESSMENT OF THE PROJECT DOCUMENT

A) In general, the outcomes and outputs specified in the Project Document are in
accordance and reflect the priorities of reform targets for the legal system specified in
the LNA and the LSDS Draft. However, the priorities in the implementation of the
LSDS should be in accordance with the different stages of the process.

In this regard, the Project Document should go out again the corroboration among the
immediate objectives from each outcome expected. For example, the implementation of
the LSDS is closely linked with the strengthening of the capacities and the potential of
the management structures. This corroboration should be underlined and the deadlines
for each activity as well as the role and responsibilities of each actor involved in the
process should be defined.

The Project’s Management Mechanism and a specific methodology in monitoring,

evaluation and reporting, should be elaborate and implemented at each level (PMU and
agencies). This output represents a high priority, in order to the Project development.

Regarding the most important priority outputs among those specified in the Project
Document, we underline:

 Sustained co-ordination among the Government, state agencies and donors. There
are many donors actively participated in the legal reform area, some donors working
in the same specific agency and the same issue, therefore, there is a need to have

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 sufficient and smooth coordination mechanism among these institutions and donors
in order to avoid any undesirable duplication or overlapping in providing assistance.

 LSDS Draft approval: The purpose of this Project is to support the implementation
of Vietnam’s Legal System Development Strategy as an urgent need identified in
the LNA Document. However, as pointed out by the representative from DANIDA,
after LNA has been approved by the Vietnamese state authorities, there was almost
no action taken to implement what are said in the LNA Report. The process of the
drafting and adoption of a Vietnam’s Legal System Development Strategy is also
very slow. Therefore, in order for the Project to be implemented in the right
direction and assist in the most effective manner for LSDS, this LSDS should get
the approval as soon as possible.

 Identification, funding and implementation of emerging high-priority needs.

B) In relation with the expected results, they are achievable, but in some cases the
chronology of the activities should be revised. For example, the implementation of the
Project’s Management Mechanism should come before the establishment of a
Management Information System.

C) The relationship between the results, time frame and resources allocated is difficult to
realize because a detailed planning for each activity, with deadline and resources
allocated is not in place.

D) The work plan for 2003 is too audacious and practically unachievable in some output
targets. For example, output target No1.1 (LSDS approve); 2.1 (LSDS Secretariat
establishment); 2.2 (support to some components of LSDS); 2.3 (LSDS Management
Information System set up) and 2.4 (coordination mechanism tools such as web-site
established or newsletter published). Given the nature of these targets, the Mission
view’s for these outputs is that it can be achieved only after the LSDS has been
approved.

E) The Project Document approach focuses on the central level. Some donors, such as Sida
(Sweden) and ADB have mentioned this limitation. According to their recent survey, the
people in grassroots level are very difficult in accessing to the justice and new
policies/regulations. The Supreme People’s Court underlines the need to provide more
support to district courts to help them perform effectively the new extended jurisdiction
provided for by the Amended Code of Criminal Procedure. Vietnam now has 64
provinces, about 600 districts and more than 10,000 communes. Each of these
administrative units has a people’s council and a people’s committee. In their day to day
business, the people’s councils and people’s committees work directly with the people in
their respective localities. To settle matters filed by the people, the local authorities have
to apply the relevant legal provisions. So, the people’s councils and people’s
committees, with their specialized agencies are the main bodies to implement and
enforce laws and regulations. However, good law enacted by the central level has not
been implemented properly in many cases, causing much concern by the public.

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 Insufficient qualifications and lack of legal knowledge and skills are main problems now
faced by the local governments. Therefore, enhancement of the awareness about the
importance of the rule of law and human rights protection and promotion and
strengthening the capacity of local officials in the implementation and enforcement of
law is essential to Vietnam. Other difficulties are poor working conditions and facilities.

The Project Documents designs several outputs and activities concerning local officials,
such as: strengthening the capacity of local conciliators (component 1), policemen
(component 3), and public officials in Lang Son province (component 4). Given the
limited fund indicated in the Project Document (U$ 5 millions); the Mission is of the
view that, it would be impractical for the Project to extent its scope of assistance to all
64 provinces. However, to ensure that the assistance is focused more on the law
implementation at the local level, it is highly recommendable that such focus must be
one of the criteria and conditions for providing assistance from LSDF. So, focus on the
law implementation and focus on the strengthening of the legal capacity of local
officials, first of all key officials are interrelated, and therefore must be ensured. In this
scenario, consistence and balance of the Project could be achieved.

F) The Project focuses much on law implementation

The focus on law implementation is in the right direction because it reflects exactly the
current situation in the legal sector in Vietnam. So far, Vietnam has adopted 5 codes and
hundreds of laws and ordinances, and thousands of governmental decrees and
ministerial circulars, forming a fairly comprehensive legal system. Many of these laws
and regulations, such as the Civil Code, the Bankruptcy Law, the Law on Enterprise, are
very good in term of their purposes and contents. However, in many cases, the enacted
legal normative documents have not been implemented strictly by both public officials
and ordinary people as intended by the law makers. This problem is also faced by other
countries in transition period, such as Russia, China, Mozambique, Laos and Cambodia.
LNA therefore emphasized on the law implementation and enforcement. Four of the five
programs set up in LNA Report are for the improvement of the implementation of law in
Vietnam.

11. SPECIFIC COMMENTS ON THE PROJECT DOCUMENT

11.1. Project Implementation Arrangement

One of the most important prerequisites in order to the achievement of the expected outputs is
the establishment of an efficient Management Mechanism.

In this regard, the Management Mechanism should involve:

 Project Management Unit (PMU) of the MOJ;

 Governmental Agencies ;

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  UNDP; and

 Other donors

Four kinds of relations should be established, of which:

C-1) PMU and Governmental Agencies

PMU - MOJ works with Governmental agencies in very strongly co-operation in relation with:

 Development of the activities and work plans;

 Availability of the planned resources;

 Monitoring, evaluation and reporting in accordance with the Project’s

Management Rules.

Governmental
Agency

PMU.
Governmental of
Agency MOJ.

Governmental
Agency

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C-2) PMU and UNDP

This relation is concerned with:

 Permanent dialogue in order to the Project activities;

 Periodically analyze of the project indicators; and

 Elaboration and execution of the disbursement planning.

UNDP
PMU

C-3) UNDP and Governmental Agencies

This relation is in order to discuss periodically the substantive issues.

Governmental UNDP
Agencies

C-4) Governmental Agencies and donors

Many experiences in other countries during the transition period prove that the relation between
Agencies and donors is suitable and efficient.

This relation allows the donors to establish a permanent dialogue with these agencies in order to
have the knowledge of the Project development and the eventually emerging needs.

Governmental Donors
Agencies

The elaboration and implementation of the Project Management Mechanism and its rules
represent a main priority.

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1. Internal relations:

It is suggested that:

- An Inter-Agency Project Steering Committee should be established soon to provide

policy advice and decision on the implementation of this Inter-Agency Project. The
advice and decision should focus only on two key issues: (i) approval of annual
overall work; (ii) annual review of Project performance and implementation; and
(iii) approval of the emerging needs/proposals submitted for the LSDF. With regard
to the ad-hoc and urgent needs, it was wisely proposed in the Project Document that
the National Project Director could approve a fund from the LSDF to accelerate the
process of approval to support the needs in a timely manner.

- The Project Management Unit is in place. However, its management capacity in

term of NEX modality is not adequate. It is suggested that NEX training should be
conducted for the Team as well as for the staff of other-subcomponents as soon as
possible to help them prepare proposals for fund from LSDF and TOR that are
acceptable by PMU and UNDP and other donors. The PMU should be in charge of
daily management of the Project activities.
- With regard to the relation between PMU and sub-components: There should be a
focal point, such as a sub-component director, in each sub-component agency to
facilitate the implementation of subcomponents. The PMU is in charge of overall
management of the sub-components to make sure that the implementation of
activities will be carried out in accordance with the NEX rules. The sub-components
will be accountable for substance of the activities.

2. National Executing Agency through PMU and UNDP and Cost-Sharing Donors:

It is suggested that there will be regular and close contacts between the PMU and UNDP
to ensure the smooth implementation of the Project activities. The PMU should be
proactive in work planning and clearing of TORs, etc. There should also be close and
regular contacts between UNDP program staff with subcomponents and PMU in
discussing work plans and TORs, when needed.

All key Project activities should be shared with not only UNDP but also cost-sharing
donors in advance so that the donors can plan ahead in providing inputs and participate
in events.

Periodical Project reports should also be shared with UNDP and cost-sharing donors

With regard to the parallel funding donors (WB and ADB), it is suggested by WB and
supported by the Mission that the same PMU should take care of management of the
WB IDF grant to ensure the consistence and avoid overlaps. The activities to be funded
by the WB grant should be among the activities listed in the overall work plan of this
Project.

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 It is suggested by the ADB that the ADB contribution could fund for emerging needs.
The PMU is encouraged to work closely with the ADB to see which emerging needs
expressed or to be expressed by government agencies will be funded by the ADB.

Finally, the management and coordination rules between PMU and relevant Project
agencies and among relevant donors and between the PMU and donors should be
drafted.

3. Operation of the LSDF:

The LSDF was established under this Project with initial elaborations. However, there
should be clear rules on how to access to the facility in place soon so that the facility can
support emerging needs. It is suggested that MOJ in the capacity of the national
executing agency will lay out the rules and regulations for the LSDF operation then will
share with the relevant government agencies and UNDP and other cost-sharing donors.
The rules should be in place within the first quarter of the next year.

It is strongly recommended that the flexible and streamlined procedures should be

considered. The facility should be widely open. The process of appraisal and approval of
emerging proposals should involve key legal reform actors and relevant donors. The
quick disbursement of the facility so that the fund will be replenished by donors and the
high quality of the most urgent proposals/needs should be ensured.

It is also recommended not only by the Mission but also by a donor (Sida) that there
should be wide advocacy on the LSDF to encourage for the high proposals from
interested agencies/institutions to access to the Facility for support.

The Project Document indicated financial contribution from the Government to the
Facility. However, there is no detailed agreement of contribution between the MOJ and
UNDP signed to elaborate the schedule of contributions, etc. It is recommended that this
will be done soon

11.2. Outcome 1: Finalized Draft LSDS for Approval by the Competent State Authorities

Strategic view on supporting the Management Structures of the LSDS implementation:

(i) The LSDS finalization:

The Mission found that although the LSDS is still under internal consultation, however
it is clear that there is a political commitment and it will certainly get approval soon.
The issue here is the timing. The Mission found that the draft process now is in the final
stage and it seems that it is likely to be approved within the first half of the next year.
Then the next question is to what extent this Project will support the finalization of the
strategy and whether there should be a need for support from international expertise.
The Mission was told that the LSDS has been drafted based on the fact-findings and
recommendations of the LNA, which was widely consulted with both national and

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 international experts. Therefore, it is suggested that it is unlikely to have a need from
international expertise in this stage. However, there is a concern from donors that they
are not aware of the contents of the LSDS, event its draft. It is suggested that the draft
LSDS should be shared with concerned donors, at least the donors who have provided
funds for this Project and potential donors so that they can shape their future possible
assistance in the most effective way.

There was an expression that the draft LSDS should be shared with Deputies of the NA
and NA’s committees. This Project is encouraged to work closely with the LSDF
Drafting Team to speed up this process and to ensure that the adequate consultations
should be carried out in the accelerated manner. The Project should also encourage to
financially supporting this process as suggested in the Project Document.

(ii) With regard to the transition from LSDS drafting to the LSDS implementation:

It is suggested that there should be a smooth shift from the drafting and approval process
to the implementation stage. A crucial point is that there should be a management
structure for the LSDS implementation in place as soon as the LSDS approved. The
Project should also assist this Project by facilitating the preparatory activities, if needed.
Internal consultations between relevant agencies on the establishment of the
management structure and it working rules, such as how to manage, evaluate and
monitor the LSDS implementation, etc.

It is not clear from now when the LSDS management structure will be allocated, but it is
clear that there will be inter-agencies structure. Therefore it is not a big issue of who
will chair the structure and where the Secretariat will be located. The Mission found that
this is a technical issue and a political decision from the Vietnamese Government.
Regardless of the mentioned concerns, there is a clear commitment from both donors
and the executing agency that this Project will support the LSDS management structure.
It is strongly recommended that this Project will provide technical assistance to
strengthen the LSDS management capacity and provide policy inputs on substance for
the LSDS implementation, including its road maps. There should be a close and regular
contact and relation between the Project executing agency (MOJ) and the Management
Structure, at least with its Secretariat, to ensure the adequate, effective and efficient
support from this Project to the LSDS implementation.

Specific Comments on Activities of Outcome 1:

As discussed earlier, because the LSDS is drafted based mainly on the outcomes of LNA and it
is now in the final stage of completion with some more few rounds of discussions at high
ranking level of the State, the Mission is of opinion that:

1- Activity 1.1.1 is no longer needed;

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 2- Activity 1.1.2: Project should provide only the financial support for such meetings and
seminars, so that the Drafting Team could consult with relevant high ranking agencies to
finalize the LSDS; and

3- Activity 1.1.3: Could be done along with activity 1.1.2 and Project should also provide
the financial assistance.

11.3. Outcome 2: Co-coordinated management of the implementation of LSDS

Through the discussion with relevant agencies and donors, the Mission is of opinion that in
the pending time for approval LSDS and to ensure the readiness of implementation
mechanism for LSDS:

 Start the internal consultation among Governmental agencies on what should be done to
prepare for LSDS implementation, including management, co-ordination, and evaluation
and monitoring, when LSDS be approved.

 Some key players who most likely be involved with the implementation of LSDS such
as SPP, SPC, CPIAC, MOPS, State Inspectorate, should identify the potential staff who
will be involved with the management of Project’s activities, so that Project could
provide some Project management training for the purpose of capacity building as prior-
project preparatory works.

All of these activities should be done within the first quarter of 2004.

11.4. Outcome 3: A number of high-priority components of the Project and emerging

needs implemented through LSDF

In the pending time for LSDS approval,

 Project should start, as soon as possible, the LSDF rules drafting (not wait for LSDF
Specialist): the rules should address the follow issues: (1) procedures for selecting
prioritized projects; and (2) methods and criteria of selection to ensure that the resources
of the LSDF will be utilized broadly to as much as possible those institutions and at all
levels in the legal field and meeting with most urgent needs of executing agencies.

 Recruitment of the CTA/LSDF (urgent) because one of the tasks of this Management
Specialist is to design the implementation procedures of LSDF and provide the
guidelines for access to the Facility.

11.5. Subcomponent 1: Strengthening the Legislative Drafting Process

Output 1: Law on Promulgation of LNDs implemented at all levels.

 Activity 1.1: Decree guiding the Law on LNDs: the final Draft of Decree (replacing
Decree 101) is finished and will be submitted to the Government for promulgation very

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 soon; however, Project should provide further support to MOJ in drafting an
implementation guidelines circular (if required). It is suggested that the Criminal and
Administrative Law Department, MOJ to contact with PMU to discuss in detail this
need.

 Activity 1.2: Focus on awareness raising on the implementation of the Law on LNDs
and the guiding Decree to make sure that:

- Draft should be discussed with all stakeholders;

- The enacted Decree must be shared with the Official Gazette for publication;

- Decree to guide the operation of local Official Gazette and support the process
of implementation thereof.

 Activity 1.3: All of the activities mentioned in this Activity 1.3 are still relevant.
However, there are some new needs raised by Official Gazette in connection with
capacity building for OG: training publication skills and foreign languages (not limited
to English) to the Official Gazette staff, support the Official Gazette to define the
opportunity of a study tour in China or Rumania, for experience learning, especially the
OG emphasizes the need to Draft a Decree on Official Gazette and their need of support
from UNDP.

 Activity 1.4: Drafting a new Law on Promulgation of Local Legal Normative

Documents. According to the Legislative Agenda for 2004, this Law will be submitted
to National Assembly for discussion next November, therefore, the Criminal and
Administrative Legislation Department of MOJ underlines their need for supporting of
this Draft Law as soon as possible. The Mission suggests that any action to support this
Law should be planned in early first quarter 2004. Various activities could be carried
out, for example: (i) brainstorming workshops between international experts, relevant
authorities and the drafting team to identify the main idea and principles of this Law, (ii)
international experts commenting to the Draft both from desk-review and personal
coming to Vietnam and working with the Drafting team; (iii) site-surveys in provinces
for the Drafting team to learn practical experiences from local levels and study-tours
abroad to learn experiences from other countries.

In addition to the above said activities, the Mission would like to suggest that a new activity
be included to satisfy the need for strengthening the law making capacity of the National
Assembly’s members, especially those working full time. This need has been raised during
the Project launching workshop and has also been proposed by the LNA Document.
According to the view of the Mission, this activity could be formulated as follows:

 Activity 1.4: Strengthening the law making capacity of the National Assembly’s
members, especially those working full time by (1) Organizing short-term training
courses for the National Assembly’s members on legislative making issues, especially
foreign experience on how to discuss and pass a bill to ensure the rules of a market

15
 economy, the rule of law and human rights; (2) providing them with updated legal
information and materials, including but not limited to materials on the international
treaties concerning such matters as trade, investment, intellectual property rights, human
rights and terrorism prevention and combat; and organizing study tours to foreign
parliaments, in both developed and in transition countries.

Output 2: Prime Minister Directive No. 10/2002/CT-TTG of 19 March, 2002 implemented.

Under the Prime Minister Directive No.10, a LNDs Control Bureau has recently been
established within MOJ. The functions of this agency are to carry out post-checking of LNDs to
make recommendations on changes or repeal of those LNDs that are found contrary to the
Constitution, laws or ordinances. This will contribute to building and developing a
comprehensive legal system that is able to serve the social and economic development
strategies in Vietnam.

1. Activity 2.1: is still relevant, however there is a new need by the LNDs Control Bureau to
complement to this activity is the enhancement of the working capacity of the personnel
involving in LND control by: Organizing short-term training courses; Issuing a handbook for
the staff (about 1500 to 1800 persons) involving in the control of LNDs; Organizing seminars
and workshops to provide control knowledge and skills for the said staff; and Publishing
periodical reviews to introduce the public about the list of those laws or regulations that have
been amended, revised or repealed as the result of the work done by the Bureau.

2. Activity 2.2: There is a specific needs elaborated by LNDs Control Bureau in relating to this
activity: Formulation of a legal framework for the organization and operation of the Bureau by:
(i) Drafting a circular of the Ministry of Justice for implementing the Decree No. 135 dated 14.
11. 2003 on Post-Checking of LNDs; and (ii) Draft Regulations or Rules on Control of LNDs.
Therefore, the recruitment of consultants is in urgent need for starting this activity 2.2.

3. Activity 2.3: This activity is concretized by LNDs Control Bureau as follows: Modernization
of the agencies involving in the control of LNDs by: (i) Purchasing computers and photocopy
machines; (ii) Establishing a legal data base to specifically serve the LND control purposes (the
existing legal data bases are not reliable because they are merely a list of LNDs issued since
1945 to date, including those LNDs that have been abolished or replaced by other LNDs)

Output 3: Drafting of a number of important laws in specific areas:

The Mission has identified and suggested those needed important laws in specific areas
throughout the Report, especially in each of sub-components and the list of new priorities at the
end of this Report.

An important aspect to consider is in order to enhance the public knowledge and awareness
concerning the implementation of laws.

16
11.6. Sub-component 2: Improving Access to Justice

Output 1: Successful establishment of a compendium of coordinated legal databases

incorporating LNDs, treaties and court decisions.

The Mission is aware that the three existed legal databases in MOJ, ONA and OOG are not
overlapping and aiming to serve to the specific needs of their own users, for example, the ONA
database contains not only the LNDs issued from 1945 up to date, but also having the historical
process of promulgation of laws, law researches, minutes of discussions of MPs in each
meeting section of NA and the target subjects of these information are deputies of National
Assembly. There are quite a number of donors operating in this area such as Sida, DANIDA,
and USAID. However, Sida Project in MOJ will be finished the end of 2004. Afterward, Sida
resource in supporting this sector will be sifted to MOJ/UNDP Project.

Because the complicated nature of this issue, the Mission is of opinion that this output needs to
be further studied and adjusted. The activity 1.2 and 1.3 can only be realized based the on the
output of the assessment made by Activity 1.1

Output 2: Ordinance and Decree on Legal Aid adopted and implemented; Public Defenders
provided to indigent defendants.

The functions of the Legal Aid Agency (“NLAA”) are: administer legal aid activities carried by
the legal aid centers in provinces. Now there are 61 legal aid centers established in 61 of 64
provinces (three new provinces have been set up recently under a decision by the National
Assembly) with 5.000 collaborators.

At present time, NLAA receives support and assistance by international donors as follows: (i)
NOVIB: legal aids in 20 provinces; support in drafting an Ordinance on Legal Aid; (ii)
Switzerland: legal aid in 10 provinces; (iii) Sida (Sweden) provided assistance from 2001 in 15
provinces; (iv) UNDP, (v) Asia Foundation; (vi) Radda Barnen (Sweden).

Each donor has its own policy in providing assistance: in term of category of beneficiaries,
forms of support and localities, etc.

Although legal aid received strong support from the Government and donors, some difficulties
are still faced:

1. Difficulty for the people to access the places where they can get legal aid (in remote and
hidden areas);

2. Collaborators are insufficient in number and weak in capacity, especially who are
working in the district level;

3. Shortage of transport vehicles for the collaborators; and

17
4. The capacity of the Legal Aid Bureau is still limited to train the staff working in the
legal aid centers is still limited.

During the discussion with LNAA and with other donors, we are aware that NOVIB is
providing technical assistance for LNAA to draft an Ordinance on Legal Aid, therefore the
Mission suggest that the LNAA, UNDP and NOVIB should keep close consultation on
allocation of available resources to avoid any overlap in drafting the regulations on legal aid.

In addition to those activities set forth in Project Document, the NLAA has come up with some
new requests to seek support from UNDP: (i) Review and Survey the legal aid system in
Vietnam since 1997 to define the needs and shortcomings of such system and assist in
developing a long term legal aid strategy in Vietnam; (ii) Strengthening the training capacity of
the officials of the Legal Aid Bureau, MOJ; (iii) Training of a body of well-qualified legal aid
collaborators; (iv) Improve the quality of the defense activities in legal proceedings, especially
by training public attorneys to meet the requirement by the future Ordinance on Legal Aid; and
(v) Modernization of the legal aid work (establishing a data base for legal aid, computerization
of the work, etc.)

The Mission suggests the Project to support:

 NLAA to prepare the legal aid strategy by study to define their needs and shortcomings
and provide further technical assistance to finalize the strategy; and

 NLAA for drafting of Ordinance on Legal Aid by consolidation of best practices and
comparatives experiences in legislation and institutional organization in other countries.

Output 3: Strengthened Capacity of Conciliation Groups and Conciliators at the Grassroots

Level

This output is under the responsibility of the Legal Dissemination and Education Department of
MOJ. The Department has functions: To carry out legal dissemination and education through
out the country, including legal dissemination and education in the mass media; in schools and
communities; manage the work of mediation/conciliation at the grass-root levels and book
shells in communes, wards and towns.

So far, there is only moderate activity has been done by UNDP with this Department, which
assess the capacity of justice cadres in local justice agencies who are responsible for
administration of conciliation/mediation works at local levels.

All three activities of this Output are still relevant and need to be implemented through the year
2004.

The Department submitted some new priorities for the improvement of conciliation/mediation
works at grass root levels: (i) Enhancement of the capacity of mediation volunteers by:

18
1. Funding for purchasing law books and legal materials for volunteers engaging in
mediation; and

2. Organizing training volunteers to provide them with legal knowledge and mediation
skills.

(ii) Strengthening the legal dissemination to ethnic minority groups by translating and
distributing LNDs to ethnic people as required by the Amended Law on Promulgation of Legal
Normative Documents (some legal instruments, such as the Family and Marital Law and the
Law on Land have translated into ethnic minority languages, and this work has been highly
appreciated by the ethnic minority people throughout the country); and purchasing video
cameras for legal reporters in doing their legal information dissemination work at grass - root
levels.

11.7. Subcomponent 3: Organizing the Implementation of the Ordinance on Handling

Administrative Violations in the People’s Police Force

All activities identified in the Project Document are still up-date and currently implementing
smoothly. However, the MOPS has requested some new priorities: Drafting three important
and sensitive circulars for implementing the Ordinance on Dealing with Administrative
Violations, namely: (1) Circular on Administrative Temporary Detention; (2) Circular on
Administrative Forced Measures; and (3) Circular on Dealing with Administrative Offences
against Social Security and Order.

Given the fact that MOJ (Criminal and Administrative Law Department) is assigned by the
Government with the task to draft a Code on Dealing with Administrative Violations, these
three regulations, from the Mission’s point of view, are preparatory steps in the drafting of a
comprehensive Code on Handling with Administrative Offences. Therefore, we would suggest
the Project to support MOPS in drafting these regulations. But how and when the Project could
take interventions need to be discussed further in detail between PMU/UNDP and MOPS.

11.8. Subcomponent 4: Strengthening the Capacity of the Key Officials in the Political
System at the Grassroots Level to Implement Laws

As we discussed with CPIAC and review the results of 2003 work plan provided by PMU, the
Mission understand that the objectives and activities of this subcomponent are still relevant and
implemented smoothly.

However, as the judicial reform has taken sufficiently under the Politburo Resolution No.08,
recently the Party Secretariat just issued a new Directive on Strengthening the Legal
Dissemination and Education to Cadres at Grass-root Levels.

The CPIAC therefore requests the Project to support this new initiative. In addition, CPIAC
also wishes to expand the results of existing pilot Project in Lang Son Province to other 63
provinces.

19
Given the limited resource of the Project, the Mission suggests the Project to consider in
supporting the first initiative. Capacity building for party members and cadres at grass root
level, given their role and responsibilities in the law implementation and enforcement, is now a
critical issue as pointed out by other donors such as ADB, Sida and DANIDA. It is also
regarded by the Party as one of the urgent task. The Mission would like to recommend that the
PMU/UNDP should revisit CPIAC in a soonest time to elaborate in detail a cooperation plan to
support CPIAC in this initiative. This support should be including: (i) making management,
evaluation and monitoring mechanism to oversight the implementation of the Directive; (ii)
support periodical monitoring and reporting process; and (iii) organizing short-term legal
training courses for party members and cadres at grass root level.

12. IDENTIFICATION OF THE NEW COMPONENTS AND PRIORITIES

One of the main objectives of the Inception Mission has been a large consultation with other
different governmental agencies, in order to identify other emerging needs in the Legal System
Reform.

The following agencies have been consulted:

In the Ministry of Justice:

 Department for Control of Normative Legal Documents;

 Department of Legal Dissemination and Education;

 Personnel and Organization Department;

 Legal Aid Bureau;

 Department of Criminal and Administrative Law;

 Institute of Law Research;

 Department of Civil and Economic Law; and

 International Adoption Bureau;

Other Ministries and agencies:

 Ministry of Public Security;

 Communist Party Internal Affairs Committee;

 Government Office (Center of Information and Press and Official Gazette);

 Supreme People’s Court;

20
  Supreme People Procuracy;

 National Assembly Office;

 Law Committee of National Assembly;

 State Inspectorate;

 Ministry of Foreign Affairs; and

 Ministry of Home Affairs.

Also, the Mission was meeting with the following donors:

 CIDA - Canada;

 ADB;

 Sida - Sweden;

 World Bank; and

 DANIDA.

Following the meetings with the governmental agencies, the Mission has identified other needs
and components, in accordance with the Project objectives, presented in annex.

The emerging needs have been included in the work plan for 2004.

Some of new emerging needs have been incorporated in the foregoing items of this Report. The
Mission underlines the other priorities as follows:

1) Supreme People’s Court

a) Support the strengthening Judicial Review in Viet Nam, through Administrative Courts,
especially supporting the SPC to drafting the Ordinance on Handling Administrative
Cases; and

b) Support implementation of key points of newly revised Criminal Procedure Code,

namely: (i) implementing the adversarial procedures in the criminal cases; (ii) increase
the jurisdiction of district courts; and increase the role of lawyers in criminal
proceedings (In co-operation with Supreme People Procuracy, Ministry of Justice,
Ministry of Public Security and Vietnamese Lawyers Association).

21
The Mission is of opinion that these two initiatives are very critical to increase the access to
justice by the people and is one of the core elements of the Judicial Reform in Vietnam, thus the
Project should consider supporting SPC in meeting with their demands.

2) Supreme People’s Procuracy

As one of the main agencies in the judicial system in Vietnam, SPP plays a very important role
in criminal proceedings in particular and in building up the rule of law in Vietnam in general.

Under the recently issued Criminal Procedures Code, SPP will primarily responsible for
implementation of this Code, in particular, prosecutors are now required to reply to all
questions posed by attorneys and other persons who take part in the hearing of a criminal case.
The SPP, therefore, submitted the list of priorities that need assistance from donors:

a) Strengthening the capacity of prosecutors in adversarial hearing of criminal cases under

the new Criminal Procedures Code;

b) Conducting research on criminology;

c) Carrying out criminal statistics, including setting up criminal statistical divisions in the
district level (now there are only criminal statistical departments in the Supreme
People’s Procuracy and at the provincial level).

In the view point of the Mission, researching the criminology and criminal statistic are
important to the effective prevention and suppression of crime, but should be the long-term
outputs of a separate project because it needs a lot of resources, and the existing UNDP/MOJ
Project couldn’t cover this need.

The first priority, as discussed earlier, should be assisted in the program-approach which can
ensure the best coordination efforts of relevant agencies involved, such as SPC, MOPS, MOJ,
and Vietnamese Lawyers Association in implementing this large-impact Code.

3) Department of Civil and Economic Law/MOJ have the function to draft laws and regulations
in the economic and civil areas.

The Department has been assigned by the Government to draft three key legal instruments:

a) An amendment of the Civil Code;

b) A Judgment Execution Code (including civil and criminal judgments and decisions; and

c) Law on State Compensation (especially state compensation for damage or injury caused
by wrongful of arbitrary actions by the authorities conducting criminal proceedings,
such as arbitrary arrest, detention or punishment)

The Mission believes that all these three legal acts are of a great importance to support the
development of a market economy and assuring the rule of law in Vietnam, and therefore need

22
to be supported by UNDP and other donors. However, in establishing the prioritized sequence
of the needs, we would suggest the Project to have immediate action on the amendment of the
Civil Code because according to the Law and Ordinance Making Program for the Period 2004 -
2005, the Draft amendment of the Code will have to be submitted by the end of 2004 to the NA
for discussion and issued by early 2005. The other two laws should be assisted in the phasing
stages as they are not on the list of legislative agenda of 2004/2005. In this connection, the
Mission would suggest all assistances that could assure that the Law on State Compensation
would in no way or any in any circumstances contribute to increasing wrongful or arbitrary
actions or decisions by the state agencies or officials due to the fear for the liability for
compensation.

4) MOFA:

The Ministry is responsible for drafting a Law on the Conclusion and Implementation of
International Treaties/Conventions. This need to be assisted by donors in the following ways:
(i) organizing a regional workshop, a number of national seminars and inter-agency workshops;
(ii) learning knowledge and experience from international experts; (iii) providing law books and
materials regarding the conclusion and implementation; and (iv) conducting a thorough study
on conclusion and implementation of international treaties to help determine the position of the
international treaties to which Vietnam is a party in the legal hierarchy in Vietnam and enhance
the knowledge and awareness among public officials and the people of the importance of the
strictly implementation of the concluded international treaties.

5) The State Inspectorate:

The State Inspectorate has three main functions, namely: (1) To carry out inspection over the
implementation of laws and regulations; (2) settle complains and conduct inspection over the
settlement of complains by other state authorities; and (3) develop policies and draft laws and
regulations concerning corruption prevention and suppression.

This Ministry has requested international donors to support on the following issues:

a) Revise the Law on Complaint and Denunciation;

b) Revise the Law on State Inspection; and

c) Draft and enact an Anti-Corruption Law.

The first two Laws are quite important to ensure the freedom, democracy and basic rights of the
citizen, therefore, the Mission suggests the Project to provide the assistance to the State
Inspectorate in drafting and finalizing these two laws. In particular, the Law on Complaint and
Denunciation should be revised to meet the requirements by the US-VN BTA and WTO
standards. In this regard, the Ministry would like to receive assistance from UNDP and other
donors to draft a governmental decree that will specifically deal with the settlement of
complains logged by enterprises of all sectors.

23
State Inspectorate has also informed the Mission that in a recent meeting between the First
Deputy Prime Minister Nguyen Tan Dung and Residential Representative of UNDP Jordan
Ryan, UNDP has promised that it will assist Vietnam to draft the Anti-Corruption Law. Given
the limited resource of the Project, the Mission would recommend that UNDP and SP need to
meet again at a working level to elaborate concretely this idea. If the initiative is confirmed by
the two sides, there might be a separate project financed by UNDP and other donors to support
VN in promulgating and implementing this Law.

6) Ministry of Home Affairs:

During the working visit at the office of the Ministry of Home Affairs (MOHA), the Mission
leant that the Ministry has faced with two major problems in the management of the PAR
Facility, namely: low quality of the proposals and TOR for assistance submitted by
governmental agencies both central and local due to lack of innovative points; and difficulty in
organizing meetings for assessing and approving the proposals and TOR. Reasons are: the
persons who prepared those proposals and TOR did not read the regulations or did not read
them carefully; there are not concrete criteria for assessing the innovative points in such
proposals; and Project directors are usually busy with their main functions.

To avoid similar difficulties that may be arise in the course of the implementation of the
Project, the Mission recommends that very clear rules or regulations on the procedures and
criteria for evaluating proposals should be in place. Training on the format of and procedures
for preparing proposals and TOR for the agencies and organizations concerned would be highly
recommendable. Persons of a lower rank in the Project management structure should be set up
to substitute Project directors or their deputies in case of their vacancy.

13. CONCLUSIONS

First of all, the Inception Mission allowed an exhaustive assessment of the Project Document
and put in evidence the recommendations presented in this Document.

Secondly, the meetings with other Governmental Agencies have provided the Mission
justification, by the presentation of new emerging needs that the details are presented above.

In the third place, the Mission underlines that the present Document can and should be an
important tool for the Vietnamese authorities and all the international community to open the
dialogue with donors in relation with their involvement in this Project.

In the fourth place, the Mission allowed the donor sensitization concerning the specific
activities for each sub-component.

The Mission presents it’s respectfully thanks to the Vietnamese authorities, UNDP and donors
for their particularly co-operation and interest.

24
14. RECOMMENDATIONS

A) Finalizing Draft LSDS for approval by the competent State authorities.

A - 1) Recommendation: The draft LSDS should be shared with concerned donors, at least the
donors who have provided funds for this Project and potential donors so that they can shape
their future possible assistance. Also, the draft LSDS should be shared with Deputies of the NA
and NA’s Committees. The Project should also encourage to financially supporting this process
as suggested in the Project Document.

Relevance: The approval of the draft LSDS is a condition to start its implementation process.
A large consultation should improve its quality and ensure its knowledge by the authorities
involved in the implementation. Is a relevant activity listed in the Project Document? (1.1.2.).

Activity: Organizing the consultations for NA’s Deputies and Committees by groups not
exceeding 20 - 25 peoples, in order to ensure a good understanding and an efficient discussion.

How realize this recommendation? The Project should provide its support (financial and
material) to the meetings organization. These meetings can be organized at different levels
(Deputies and NA’s Committees).

A - 2) Recommendation: Waiting the draft LSDS approval is crucial to define the

management structure for LSDS implementation as soon as the LSDS approved. The Project
should assist the preparatory activities and provide expertise to build this structure. In the same
time, the Project should organize the internal consultations between relevant agencies on the
establishment of the management structure and its working rules, such how to manage, evaluate
and monitor the LSDS implementation.

Relevance: This step is essential in the LSDS implementation process and will be prepared and
built waiting the LSDS draft approval. Is a very relevant activity in the reform process.

Activity: In accordance with the duties and the role of each agency involved in the LSDS
implementation, the management structures should be elaborated. These structures should be
ensuring their involvement in the LSDS implementation process.

How realize this recommendation? In accordance with the LSDS management structure, the
management structure for its implementation should identify the institutional frame of each
agency, the inter-relations between agencies and LSDS management structure and the
functioning methodology.

B Strengthening the legislative drafting process

B- 1) Recommendation: In the legislative drafting process, the establishment of the priorities

among the needs identified by LNA is a most important activity

25
Relevance: The legislative drafting process should follow the priorities requested by the
economic evolution. Consequently, the order establish in the legislative drafting must be in
accordance with the legislative needs of the development.

Activity: The Mission recommends that the Project support (financial assistance) the
establishment of the priorities in relation with the legislative drafting process.

Who realize this activity? From the list of the law and regulations establish as needs by the
LNA, define the order the priorities in accordance with economic development trajectory.

C) Strengthen the management capacities of the PMU and sub-components.

C - 1) Recommendation: Elaboration and implementation of the Project Management

Mechanism and its rules.

Relevance: One of the most important prerequisite in order to the achievement of the expected
outputs is the establishment of an efficient Project Management Mechanism.

Activity: An Inter-Agency Project Steering Committee should be established as soon as

possible to provide police advice and decision on implementation of this Inter-Agency Project.
The advice and decision should focus on following issues: (i) approval of annual overall work,
(ii) annual review of Project performance and implementation and (iii) approval of the
emerging needs/proposal submitted for the LSDF. In relation with the ad-hoc and urgent needs,
it was wisely proposed in the Project Document that the National Project Director could
approve a fund from the LSDF to accelerate the process of approval to support the needs timely.

A training program should be elaborated and implemented in order to the functioning,

monitoring, evaluation and reporting, for the PMU staff and each sub-component.

How realize this activity: Concerning the PMU, is suggested that NEX training should be
conducted for the Team as well as for the staff of other sub-components as soon as possible.
The PMU should be in charge of daily management of the Project activities.

In order to the relation between PMU and sub-components, the PMU is in charge of overall
management of the sub-components to make sure that the implementation of activities will be
carried out in accordance with the NEX rules. The sub-components will be accountable for
substance of the activities.

Each sub-component should have a Coordinator in each sub-component agency to facilitate the
implementation of sub-components.

D) Improving access to Justice

D - 1) Recommendation: The Mission recommends that the Project supports:

26
 - NLAA to prepare the legal aid strategy by study to define their needs
and shortcomings and provide further technical assistance to finalize the strategy;

- NLAA for drafting of Ordinance on Legal Aid by consolidation of best

practices and comparatives experiences in legislation and institutional organization in other
countries.

Relevance: NLAA should make an assessment of its needs and to change its approach
concerning the international support received. The Project should help it to combine all
supports under this Project coordination.

Activity: Analyze the NLAA needs and prepare the legal aid strategy. Secondly, NLAA should
analyze the best practices and experiences in legislation and institutional organization in other
transition countries.

How realize this activity? UNDP should provide documents concerning the experiences of
other transition countries organize a study tours for NLAA staff (in China or Romania) and
provide the support (technical assistance and financial support) to draft the legal aid strategy.

D - 2) Recommendation: The Mission recommends that the Project provides the support to the
training legal aid lawyers.

Relevance: The collaborators of the legal aid are insufficient in number and weak in capacity,
especially who are working in the district level. The lawyers training should provide them the
necessary knowledge in accordance with the recent prescriptions in legal aid and different
judicial precedent in other transition countries.

Activity: Trainers training in legal aid should be providing in the provinces, following a
planning defining the priorities. The Project should support the training cost, including didactic
material and logistic fees.

How realize this activity? An assessment concerning the number of lawyers and their
distribution in different provinces and localities is necessary. A training planning by priorities
should be elaborated.

D - 3) Recommendation: The Mission recommends that the Anti-Corruption Law elaboration

form the object of a separate project.

Relevance: This Law requests the studies and analysis very complex, especially to according
this law with the international approach and methodology of the similar laws in other countries
and in accordance with international treaties in this matter.

However, attending one specific support from the donors, we consider that the preparation of
this activity (identification of other experiences and studies in different countries) should be
supported by the Project, as an action on Strengthening the Legislative Drafting Process.

27
E) General recommendations:

E - 1) Given the important needs identified to the Project actions achievement and the financial
resources limited, the Mission recommend that the activities of the Project be planned in
accordance with the available amount, in view of a realistic trajectory of the Project. The
Mission suggest that the project establish the coherence and corroboration between
the resources allocated and the budget necessary to activities planned, in particular in
drafting and implementing the laws.

E - 2) Among the needs identified in the NLA document, the identification of the priorities of
the each sub-component of the Project is an important aspect to analyze, and the LSDS
implementation should follow these priorities, in order to respect the coherence on the actions
succession.

E - 3) Given that several other donors (World Bank, ADB, Sida, DANIDA, CIDA) provide
their support in some activities included in the project, the Mission recommends the
establishment of a Committee inter-donors, in charge with the co-ordination of the international
resources. This Committee should define the specific intervention of each donor and establish a
strong linkage among them. The co-ordination of this Committee is the key of the success
concerning the support provided by the donors. The Mission underline the important role of a
such Committee in selecting the priority projects.

E - 4) A Monitoring and Evaluation Methodology should be defined by the PMU. In this

regard, the Mission recommends the elaboration of monthly reports by the Agencies and these
reports should be sended to PMU, before the 10-th of the following month. These reports
should present ;
a) For the reported period :
 the planned activities;
 the achievements;
 the reasons why certain activities weren’t fulfild and if these activities were
reprogrammed or modified;
 the budget planned and its execution.
b) For the next period (month) :
 the planned activities and the budget for each.
The Mission recommends the establishment of a methodology concerning the
informations transmission among all agencies involved in a same activity.

E - 5) In relation with the gender equality, the Mission suggests that the selection criteria of the
priority projects should devote a particular attention to protection from violence and abuse
where women and children are generally victims.

E - 6) As strategic issues to be most focus in selecting the priority projects, the Mission
recommend :

 Strengthen adherence to the rule of law;

28
  Greater access to justice for all through the improvement efficiency of
government administration;
 Enhanced transparency and accountability in governance structures and
processes
 Establishment of high performance standards and public sector codes of
conduct.

E - 7) Given that several other donors (World Bank, ADB, Sida, DANIDA, CIDA) provide
their support in some activities included in the project, the Mission recommends the
establishment of a Committee inter-donors, in charge with the co-ordination of the international
resources. This Committee should define the specific intervention of each donor and establish a
strong linkage among them. The co-ordination of this Committee is the key of the success
concerning the support provided by the donors. The Mission underline the important role of a
such Committee in selecting the priority projects.

E - 8) Following the project assessment realized by the mission and underlined by the work
shop, the Mission consider suitable that the project should be re-designed, in accordance with
the recommendations of the present report.

14.COMMENTS

In relation with the mission development, the Mission’s Team Leader underline that in the TOR
of this mission was expected “the participation of an in-country international consultant that
should start up the mission with the national consultants during the last week of November and
continue to work with the team on a part time basis through out the mission”.

The duties of this international consultant were :

 start up the mission with the national consultants;

 provide advise and assistance to the Team Leader on specialized issues relating to
governance reform in Vietnam during the mission;

 assist in finalization of the Inception Report after the inception work shop.

Unfortunately, the absence of this expert leaded an inadequate preparation of the mission and
requested a supplementary work in a very short period.

However, the Team Leader makes mention of the excellent expertise and participation of the
two national experts.

In order to the Project Launching Cum Inception work shop, is important to underline that the
participants (National Project Director, National Governmental Agencies and donors) have
positively appreciated the Report.

29
The mission appreciate that actually the elaboration of an indicative four-years work plan is not
realistic. The Project will be re-designed following the recommendations presented in this
Inception Report and in accordance with the priorities that should be identified by the
Vietnamese Authorities.

Hanoi, December 22, 2003.

30
 ANNEX 1

LIST OF PMU STAFF OF VIE/02/015

31
 LIST OF PMU STAFF OF VIE/02/015

1. Mr Uong Chu Luu

Minister of Justice National Project Director

2. Mr Nguyen Huy Ngat

Director
Department of International Cooperation Standing Deputy
Director

3. Mr Le Thanh Long
Legal Expert
Department of International Cooperation Project Management

4. Mrs Dang Hoang Oanh

Legal Expert
Department of International Cooperation Legal Specialist

5. Mrs Nguyen Minh Phuong

Legal Expert
Department of International Cooperation Administrative Assistant
Cum Interpretation

6. Mrs Lai Thi Van Anh

Legal Expert
Department of International Cooperation Communication
Specialist

7. Mrs Tran Hai Yen

Legal Expert
Department of International Cooperation Project Accountant

32
 ANNEX 2.

LIST OF THE MEMBERS OF THE INTER-AGENCIES STEERING COMMITTEE

33
List of five agencies that have norminated their representatives to the PISC
(Up to 22 Dec. 2003)

1. Ministry of Public Security: Mr. Nguyen Khanh Toan, Vice Minister

2. Office of the National Assembly: Mr. Tran Quoc Thuan, Vice

Chairperson

3. Office of the State President: Mr. Ho Phong Tu, Director of Legal

Department

4. Supreme People’s Procuracy: Mr. Khuat Van Nga, Deputy

Chairperson

5. Law Committee of the National Assembly: Mr. Nguyen Van Thuan

34
 ANNEX 3.

LIST OF THE PARTICIPANTS TO THE PROJECT LAUNCHING CUM WORK

SHOP

35
 MEMBERS OF THE LEGAL PARTNERSHIP GROUP

NO REPRESENTATIVES PARTNERS CONTACT NUMBER

1. Mr. Jordan Ryan, Resident Representative UNDP [email protected]
Ms. Kanni Wignaraja, Deputy Resident
2. [email protected]
Representative (P)
Mr. Trinh Tien Dung, Assistant Resident
3. [email protected]
Representative
4. Mr. Luu Tien Dung, Programme Officer [email protected]
5. Ms. Katrine Pedersen, Programme Officer [email protected]
Mr Zephirin Diabre
6. UN Under – Secretary – General and UNDP
Associate Administrator
7. Ms. Doris Buddenberg, Representative UNODC [email protected]
8. Mr. Anthony Bloomberg, Representative UNICEF

9. Mr. Klaus Rohland, Country Director WB

10. Mr. Soren Davidsen, Governance Specialist [email protected]

11.
Mr. Brad Ford Philip, Country Director ADB

12. Mr. Ramesh Adhiakri – Principal Governance

ADB [email protected]
Specialist
13. Mr. Dao Viet Dung, Governance and Public
sector Reform Specialist [email protected]
14. Mr. Jan-Olof Agrell, Minister for Development
Sweden
Cooperation
15.
Ms. Annette Dahlstrom, First Secretary [email protected]
16.
Mr. Vu Tuan Minh, Programme Officer [email protected]
17. A Sida funded
Dr. Lars Goran Malmberg, Project Coordinator [email protected]
Project
18. Mr. Rolf Larsson, Leader of Sida Policy Dev
Forum [email protected]
19. Japan
Mr. FUJIWARA Hiroaki, Counselor [email protected]
Embassy
20. Mr. Soma Atsushi, Deputy Resident JICA Deputy
Representative Rep. [email protected]
21.
Mr. Maruyama Tsuyoshi (Yoshi), JICA JICA experts [email protected]

36
NO REPRESENTATIVES PARTNERS CONTACT NUMBER
H.E. Mr. Bjarne H. Sorensen, Ambassador
Danish
22. Extraordinary and Plenipotentiary, Kingdom of
Embassy
Denmark
23. Mr. Anders Jorgensen Counsellor
(Development Cooperation) [email protected]
DANIDA
funded Legal
24.
Mr. Thorkild Hoyer, JOPSO, Danida Reform [email protected]
Project
(JOPSO)
H.E. Mr. Richard Lecoq , Ambassador Canada
25.
Extraodinary and Plenipotentiary Embassy
26. Canadian
Mr. Dean Frank, Councelor [email protected]
Emb.,CIDA
27.
Ms. Vu Thi Yen, Programme Officer [email protected]
28. CIDA Funded
Mr. Donald Chiasson, PIAP – CIDA [email protected]
PIAP
29. CIDA Funded
Mr. Gerry Wright, LERAP - CIDA [email protected]
LERAP
30.
Mr. Jean Gilson, Country Manager of USAID USAID [email protected]
31.
Mr. Steve Parker, Star Vietnam, USAID STAR Project [email protected],

32.
Mr. John Bentley, Star Vietnam, USAID [email protected]

33. Mr. Hank Baker, Star Vietnam, USAID

34. Australian
Ms. Sandra Henderson, Australian Embassy [email protected]
Embassy
35.
Mr. Russell Miles, Focal AusAid [email protected]

36. Maison du
Mr. Serge Durand, Deputy Director [email protected]
Droit
37.
Mr. Dao Minh Chau, P/O SDC [email protected]

38. Mr. Francisco Fontan Pardo, Deputy Head of

EU [email protected]
Cooperation, EC Delegation
H.E. Mr. Markus Cornaro Ambassador – Head
39.
of Delegation Designate
40. Danish
Mr. Bjarne H. Soerensen, Ambassador
Embassy
41. Swedish
Mrs. Marie Sjolander, Ambassador
Embassy
42. Mrs. Barbara Boeni Slaats, First Secretary Swiss
(Development Cooperation) Embassy

37
NO REPRESENTATIVES PARTNERS CONTACT NUMBER
43. French
Mr. Antoine Pouilleutte, Ambassador
Embassy
Agence
Francaise de
44. Mr. Luc Bonnamour , Resident Manager
Development
(AFD)
45. Ms. Clarita Benzohn, P/O NOVIB

38
 ANNEX 4

LIST OF THE AGENCIES AND ORGANIZATIONS

VISITED BY THE INCEPTION MISSION

39
 List of the agencies and organizations visited
by the Inception Mission.

Mr Nguyen Huy Ngat Director

MOJ - Department of International Cooperation

Mr Le Hong Son Acting Director - MOJ

Legal Normative Document Control Bureau

Mrs Le Thi Hoa Deputy Director - MOJ

Legal Dissemination & Education Department

Mr Vu Van Quy Deputy Director - MOJ

Organization & Personnel Department

Mrs Ta Thi Minh Ly Director - MOJ

Legal Aid Bureau

Mr Nguyen Cong Hong Deputy Director - MOJ

Criminal & Administrative Law Department

Mrs Duong Thi Thanh Mai Acting Director - MOJ

Legal Reasearch Institute

Mr Tran Dinh Nha Director - Ministry of Public Security

Legal Department

Mr Nguyen Dinh Dang Luc Acting Director - Department of Law

Communist Party Internal Affairs Committee

Mr Duong Duc Quang Editor in Chief

Official Gazzetta - Government Office

Mr. Dean Frank Head of Aid

Canadian Embassy

Dr Vu Duc Long Acting Director - MOJ

40
 International Adoption Authority

Mr Ngo Cuong Deputy Director

Institute for Judicial Science
Supreme People’s Court

Dr Vu Moc Deputy Director

Institute for Procuratorial Science
Supreme People’s Court

Dr Ngo Duc Manh General Director

Center for Information Library
and Research Services
Office of the National Assembly

Mr Nguyen Dinh Quyen Director of Law Department

Office of the National Assembly

Mr Ramesh Adhikari Principal Governance Specialist

Asian Development Bank (ADB)

Mrs Annette Dahlstrom First Secretary

Sweden Embassy.

Mr Thorkild Hoyer Senior Legal Adviser

JOPSO
Project Vietnam - Denmark

Mr Soren Davidsen Governance Specialist

World Bank

Dr Dinh Trung Tung Director - MOJ

Department of Civil and Economic Laws

Mr Anders Baltzer Jorgensen Development Cooperation Counsellor

Royal Danish Embassy

Dr Nguyen Van Thanh Director

State Inspectorate of Vietnam
Research Institute

41