DIRECTIVE

ON THE ORGANIZATION OF THE ENFORCEMENT OF THE PENAL CODE

The Penal Code was passed on December 21 1999 by the Xth National Assembly at its sixth session and will come into force from July 1st, 2000. The Code comprehensively embodies our Party’s and State’s penal policies in the present period, constitutes a sharp instrument in the crime prevention and combat to ensure the people’s mastery, the State�s effective management and contribute to carrying out the process of renewal and accelerating the national industrialization and modernization.

With a view to implementing the National Assembly’s Resolution No. 32/1999/QH10 of December 21, 1999 and the National Assembly Standing Committee’s Resolution No. 229/2000/NQ-UBTVQH10 of January 28, 2000 on the enforcement of the Penal Code and making timely preparations for the enforcement of the Penal Code, the Prime Minister hereby instructs the ministers, the heads of the ministerial-level agencies and agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities to immediately perform the following tasks:

I. DISSEMINATING, PROPAGATING AND EDUCATING THE CRIMINAL LEGISLATION, ENHANCING THE SENSE OF CRIME PREVENTION AND COMBAT

1. The dissemination and propagation of the Penal Code must be carried out extensively and intensively among officials, public servants, men of the armed forces as well as the population, making everyone understand the fundamental contents of the Code, in particular new amendments and supplements, and strictly observe them. Right from the first quarter of 2000, the ministries, ministerial-level agencies and agencies attached to the Government and the People�s Committees of all levels must work out concrete plans for directing by themselves, or in coordination with other concerned agencies, the dissemination and propagation of the Penal Code and regard it as one of the key tasks of the law dissemination, propagation and education work in 2000.

The dissemination and propagation of the Penal Code must be carried out simultaneously with the review of the law observance in each branch or locality in order to help public employees and people to raise their law observance sense and responsibility.

2. The Ministry of Justice shall have to coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations, the Committee for Internal Affairs, the Committee for Ideological and Cultural Affairs and the Committee for Science and Education under the Party Central Committee, the Ministry of Culture and Information, the Vietnam Lawyers’ Association as well as the central and local mass media in conducting widespread dissemination and propagation of the Penal Code.

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3. The Ministry of Culture and Information shall coordinate with the Committee for Ideological and Cultural Affairs under the Party Central Committee in directing the mass media to make priority plans on the dissemination and propagation of the Penal Code.

4. The Nhan Dan (People) daily, the Radio Voice of Vietnam, the Vietnam Television Station and other central and local mass media shall regularly produce programs and specialized columns to introduce and elucidate the contents of the Penal Code, particularly its new points.

5. The Ministry of Justice shall assume the prime responsibility and coordinate with the Ministry of Public Security, the Supreme People’s Court and the Supreme People’s Procuracy in organizing intensive training in the Penal Code for investigators, procurators, judges, people’s juries and other judicial officials, to ensure the uniform application of the Penal Code.

6. The Ministry of Justice shall assume the prime responsibility and coordinate with the Ministry of Education and Training in directing the revision of textbooks and teaching materials related to the subject on criminal law in universities and colleges and the subject on citizenship education in secondary education schools so as to make a plan on timely amendments and supplements consistent with the Penal Code.

7. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Justice in making a plan on balancing the budget to ensure necessary funding sources for the enforcement of the Penal Code from the printing of dissemination materials to the conducting of training courses and the launching of widespread dissemination and propagation drives among officials and employees at the central and local levels as well as the population.

II. REVISING EXISTING DOCUMENTS, AMENDING, SUPPLEMENTING OR ISSUING NEW DOCUMENTS ON THE ENFORCEMENT OF THE PENAL CODE

1. In parallel with the dissemination and propagation of the Penal Code for all officials, employees and people, it is necessary to urgently revise the existing regulations guiding the enforcement of the Penal Code so as to timely amend, supplement or issue new guiding documents. For the immediate future, it is necessary to promptly elaborate documents guiding the enforcement of the Penal Code’s contents that become effective after the Penal Code is promulgated.

2. The Ministry of Justice and the Ministry of Public Security shall coordinate with the Supreme People�s Procuracy and the Supreme People’s Court in urgently revising the provisions of the Criminal Procedure Code so as to request the National Assembly to make necessary amendments and supplements thereto, ensuring the enforcement of the Penal Code from July 1st, 2000; reviewing the existing documents guiding the enforcement of the Penal Code so as to cancel, amend and supplement documents issued by themselves, which no longer comply with the Penal Code, or issue new documents according to their jurisdiction, make concrete proposals for timely amendment and supplement to, or issue joint documents, the Government’s documents guiding the enforcement of the Penal Code and the National Assembly’s Resolution No. 32/1999/QH10 of December 21st, 1999.

3. The Ministry of Public Security shall assume the prime responsibility and coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in immediately revising and making a list of persons who are eligible for impunity of the death penalty, reprieve of the death penalty, exemption from execution of the remainder of their penalties, exoneration from examination for penal liability, or automatic criminal record remission, timely implementing the National Assembly Standing Committee’s Resolution No. 229/2000/NQ-UBTVQH10 of January 28, 2000 on the enforcement of the Penal Code.

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1. The present situation of crimes in our country tends to be on the rise and involves complexities. Therefore, while preparing for the enforcement of the Penal Code, it is necessary to step up the implementation of Resolution No. 09/1998/ND-CP and the national program on the crime prevention and combat in order to generate a vigorous change in social order and safety, firmly maintain the rule of law and build a healthy living environment.

2. The Ministry of Justice and the Ministry of Public Security shall closely coordinate with the Central Committee of the Vietnam Fatherland Front, its member organizations and the concerned agencies and organizations, through the widespread dissemination and propagation of the Penal Code among officials, employees and people, in stepping up the movement for active participation by the entire population in preventing, discovering and denouncing criminal offenses, bringing into full play the role and responsibility of families, population communities and social organizations in enlightening, educating and reforming offenders.

3. The Ministry of Public Security shall assume the prime responsibility and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy and the Central Committee of the Vietnam Fatherland Front in organizing an inspection of the custody and detention of people so as to timely settle cases of illegal custody or detention.

Upon receiving this Directive, the heads of the ministries, ministerial-level agencies, agencies attached to the Government, the presidents of the People�s Committees of the provinces and centrally-run cities are requested to make concrete plans on the enforcement of the Penal Code within their respective branches and localities.

The Ministry of Justice shall have to oversee, urge and sum up the situation and results of the implementation of this Directive and report them to the Prime Minister.

PRIME MINISTER




Phan Van Khai