Vietnam – Judicial remedy
I. GUIDING PRINCIPLES AND OBJECTIVES
2. Objectives
a) Overall objectives
Raising awareness and building capacity; reviewing and improving policies and laws and improving the effectiveness of the implementation of policies and laws (including improving efficiency and promoting access to remedies) in order to promote RBP in Viet Nam for the period of 2023-2027 to enhance the positive impacts and minimize the negative ones of economic and business development activities on society and the environment (focusing on investment and environment; protecting the legitimate rights and interests of workers, consumers and vulnerable groups), thereby contributing to promoting the circular economy and improving Viet Nam’s socialist-oriented market economy.
b) Specific objectives
– Improving the efficiency and quality of law implementation related to RBP of enterprises in Viet Nam, including improving efficiency in review, supervision and promotion of access to remedies;
II. TASKS AND ACTIONS
1. Raising awareness and building capacity for relevant agencies, organizations, businesses and people about policies and law on RBP
a. Training to raise awareness and strengthen capacity for relevant agencies and organizations, businesses and people about policies and law on RBP; capacity building for people with the authority to sanction administrative violations and investigators; improving the legal consultancy capacity for lawyers in activities related to RBP
– Lead agency: Ministry of Justice
– Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Public Security and other relevant ministries, ministerial-level agencies and government-attached agencies, People’s Committees of provinces and centrally-run cities, Viet Nam Women Union, Viet Nam Chamber of Commerce and Industry, Viet Nam Association of Small and Medium Enterprises, Viet Nam Cooperative Alliance, Viet Nam Bar Federation, Viet Nam Legal Practictioner Association, Viet Nam General Confederation of Labor, Viet Nam Consumer Protection Association, and industry associations.
– Outputs: Training materials, manual guidelines, training reports, trainings for awareness raising and capacity building; improved awareness and capacity on policies and law on RBP of agencies, organizations, enterprises, civil servants and people (including capacity of people with the authority to sanction administrative violations, investigators and lawyers) (through survey results);
– Deadline: 2027.
b. Capacity building for judges, prosecutors and relevant judicial titles in handling RBP cases in Viet Nam
– Lead agencies: Proposing the Supreme People’s Court and the Supreme People’s Procuracy to be in charge
– Coordinating agencies: Ministry of Justice, Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Viet Nam Bar Federation, Viet Nam Lawyer Association;
– Outputs: Reports on capacity building trainings; improved capacity of judges, prosecutors and relevant judicial titles in handling RBP cases (through survey results).
– Deadline: 2027.
2. Policy and law improvement
e) Other related fields
– Studying, reviewing and proposing amendments and supplements to the Civil Proceeding Code 2015 and related instruments to promote RBP (including drafting principles of evidence and responsibility for providing evidence in civil and administrative proceedings to create favorable conditions for disadvantaged parties when exercising the right to litigation; promoting the application of simplified procedures in dispute settlement in the fields of labor and consumer protection; building and improving friendly and accessible procedural models for PWDs, LGBTI, etc.)
+ Lead agency: Proposing the Supreme People’s Court to be in charge
+ Coordinating agencies: Ministry of Justice, Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Viet Nam Bar Federation, Viet Nam Lawyers Association and other agencies and organizations involved in judicial support
+ Output: Research and review of the Civil Proceeding Code 2015 and related documents and proposals and recommendations (if any); Resolutions and case precedents of the Judicial Council of the Supreme People’s Court
+ Deadline: 2027
– Studying and reviewing the law on handling of administrative violations in the fields of investment, labor, environmental protection, protection of vulnerable groups, and consumer protection to promote RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other relevant agencies and organizations
+ Outputs: Report on Studying and reviewing of the Law on Handling of Administrative Violations, decrees on sanctioning of administrative violations in the fields of investment, labor, environmental protection, vulnerable group protection, consumer protection and related documents, suggestions and recommendations (if any)
+ Deadline: 2027
3. Improving the efficiency of law and policy implementation
e) Some other related tasks and actions
– Guiding enterprises to conduct RPB; encouraging the development of internal self-remedial and preventive regulations (including procedures and principles for dealing with complaints; and regulations and rules on internal governance, business conducts and ethics in the form of Codes of Conduct to promote RBP)
+ Lead agencies: Viet Nam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, industry-specific business associations (according to relevant functions and tasks)
+ Coordinating agencies: Relevant agencies and organizations
+ Outputs: Codes of Conduct, Codes of Ethics; Tools and guidelines on RBP + Deadline: 2026