Government of Vietnam, European Commission, Government of Denmark, Government of Sweden

Government of Vietnam, European Commission, Government of Denmark, Government of Sweden

Programme Document

Justice Partnership Programme

Vietnam

2010-2015

Final

27 July 2009

List of Contents

List of Contents

Abbreviations

Cover Page

Executive Summary

1Introduction

2National Sector Context

2.1Socio-economic Development

2.2Law, Justice and Drivers of Change

3Policies and Commitments

3.1Vietnamese Policies and Commitments

3.1.1General Policy Context

3.1.2Sector Policies and Commitments

3.2Alignment in the Judicial Sector

3.3Donor Policies, Co-ordination and Harmonization

3.4EC, Danida and Sida Policies

3.4.1Anti-corruption policies

4Justice Partnership Programme

4.1Programme Objective, Purpose and Summary of Support

4.1.1Development Objective

4.1.2Purpose and Summary of Support

4.2Reviews and Budget

4.2.1Reviews and Evaluations

4.2.2Audits, Studies, Assessments, Process Consultant, Communication, Visibility etc

4.2.3Indicative Budget

4.3Strategic and Methodological Approach

4.3.1Alignment and Ownership

4.3.2Supply and Demand

4.3.3Harmonization, Coordination and Complementary Action

4.3.4Independence and Partnerships

4.3.5Strategic Demand-driven Capacity Development

4.3.6Focused and Demand-driven Technical Assistance

4.3.7Flexible and Gradual

4.3.8Decentralized and Regional

4.4Cross-cutting Issues and Priority Themes

4.4.1Human Rights and Rule of Law

4.4.2Gender Equality

4.4.3Environment

4.4.4HIV/AIDS

4.4.5Non-Government Organisations

4.4.6Private Business Sector

5Component Descriptions

5.1Support to State Institutions in JRS Implementation

5.1.1Overall issues and challenges

5.1.2Component Objective, Purposes and Indicators

5.1.3Key Results, Indicative Activities and Inputs

5.1.4Technical Assistance and Capacity Development

5.1.5Exit Strategy and Sustainability Issues

5.2Component II: Vietnam Bar Federation

5.2.1Overall Issues and Challenges

5.2.2Component Objective, Purpose and Indicators

5.2.3Key Result Areas and Inputs

5.2.4Technical Assistance and Capacity Development

5.2.5Exit Strategy and Sustainability Issues

5.3Support to Non-Government Organizations and Initiatives

5.3.1Issues and challenges

5.3.2Component objective, purpose and indicators

5.3.3Key results areas and inputs

5.3.4Technical Assistance and Capacity Development

5.3.5Sustainability Issues

6Budget

7Management and Organisation

7.1Ministry of Justice

7.2Partnership Committee

7.2.1Justice Partnership Programme Conferences

7.3Component I: Support to State Institutions

7.3.1Steering Committees and Management

7.3.2Institutional Project Management Units

7.3.3Resident TA Team

7.3.4Flow of Funds, Financial Management, Procurement, and Auditing

7.4Component II: Support to VBF

7.4.1Steering Committee and Management

7.4.2International Long Term TA and Fund Management

7.4.3Flow of Funds, Financial Management, Procurement, and Auditing

7.5Component III: Support to Non-Government Organizations and Initiatives

7.5.1Steering Committee and Management

7.5.2Grants Committee

7.5.3JIFF Fund Manager

7.5.4Flow of Funds, Financial Management, Procurement, and Auditing

7.6Annual Performance Indicators and Targets

7.7Programme Reallocations

7.8Monitoring, Reporting and Reviews

7.8.1Monitoring Principles and Instruments

7.8.2Reporting

7.8.3Programme Reviews

7.8.4Final Programme Evaluation

8Risks

8.1Risk Context

8.2Legal and Regulatory Feasibility

8.2.1 Law on Negotiation, Conclusion and Implementation of International Treaties; Government Decree No. 131/2006/ND-CP on Issuance of Regulations on Management and Utilization of Official Development Assistance; Decree 78/2008 on Management of Foreign Legal Cooperation

8.2.2 Decree 131/2006, Circulars 04 and 03 issued in 2007 by the MPI on project management at Vietnamese partner institutions

8.2.3 Decree 131 and other regulations relating to JIFF fund management

8.2.4 Law on Legal Aid; Decree 07/2007 and other implementing Normative Legal Documents

8.2.5 Law on Lawyers; Decrees 28/2007 and 131/2006 and implementing regulations, Prime Minister Decision No. 76/QD-TTg

9Implementation Plan

Annex A: Logframe Matrix and Indicators

Annex B: Budget Details

Annex C: Terms of Reference

Annex D: Gender Assessment

Annex E: Criteria for the Justice Initiatives Facilitation Fund

Annex F: Lessons Learned from Past Donor Interventions

Annex G: Formulation Process

Annex H: Performance Indicators and Targets

Annex I: Roles and Responsibilities of Funding Donors

Annex J: Government of Vietnam Contribution

Abbreviations

Cover Page

Country:Vietnam

Programme Title:Justice Partnership Programme (JPP)

National Agency: Ministry of Justice

Starting Date:1 January 2010

Duration:5½ years

Overall Budget:EUR 18.7 million

The development objective of the JPP is based on the Judicial Reform Strategy (formally Resolution 49-NQ/TW of the Politburo of the Communist Party of Vietnam on the Judicial Reform Strategy to the Year 2020):

A capable, ethical, democratic and rights-protecting justice sector developed

The overall objective is supported by three purposes:

1) Justice sector state institutions strengthened in their efforts to implement judicial reforms

2) Empowerment of a self-managing Vietnam Bar Federation and lawyers supported

3) Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced

The JPP is the result of a decision of the European Commission, Sweden and Denmark to harmonize their efforts to support justice sector reform in Vietnam.

The JPP will address challenges in strengthening laws and policies by supporting the implementation of the Judicial Reform Strategy (JRS). The programme will also facilitate policy dialogue between state institutions and the development partners. The programme covers the full spectrum of justice sector actors, from the state institutions providing judicial services to individuals and groups benefitting from rights, justice, equity and quality in the provision of such services.

The JPP includes three components:

1. Support to state institutions in implementing the JRS (implemented by the Supreme People’s Court, the Supreme People’s Procuracy and the Ministry of Justice).
2. Support to the Vietnam Bar Federation (implemented by the VBF but with funds handled by a fund manager until the Vietnam Bar Federation is fully operational).
3. Support to Non-Government Organizations and Initiatives (implemented by a fund arrangement).

Executive Summary

Rationale

Vietnam has adopted a number of laws and policies in recent years to modernize its administrative and judicial systems. These would, if properly implemented and enforced, significantly contribute to greater efficiency in governance and improved protection of individual and collective rights. However, the implementation lags behind, with adverse effects for individual citizens, groups, private entities, state institutions and other sectors in society. Often members of weak and vulnerable groups (poor, women, children, and people living in remote areas) are the most affected.

The most palpable reason for the challenges in implementation and “delivery” are structural and capacity (institutional and human) problems within key justice sector institutions. To remedy these problems, the Political Bureau of the Communist Party has issued Resolution No. 49-NQ/TW 2005 on the Judicial Reform Strategy to the year 2020 (JRS), calling for improvement of criminal policies and procedures, clear distinctions between administration management and judicial decision-making (including safeguarding the independence of judicial authorities and officials in exercising their judicial tasks within Vietnamese constitutional and political parameters), introduction of adversarial litigation modalities, restructuring the district courts, publication of judgements, restructuring of the mandate of the Procuracy in line with the restructuring of courts, improving the quantity and quality of practicing lawyers, and creating a self-regulating bar.

The Justice Partnership Programme (JPP) focuses on facilitating the capacitydevelopment aspects of this strategy, as well as promotion of dialogue and analysis on remaining structural problems in the sector. The focus on implementation will not blind the programme to the complex and difficult policy and structural issues that affect the performance of the sector. The JPP recognizes that Vietnam seeks to address these challenges and offers assistance to this effort.

The orientation of the programme will be guided and inspired by the Partnership Committee (co-chaired by the Ministry of Justice, and a representative of the funding donors) and two JPP Conferences. There will also be recurrent meetings with the Chairman or Vice-Chairman of the Central Judicial Reform Steering Committee (CJRSC).[1]These mechanisms will also facilitate dialogue on Vietnamese reform objectives and JPP orientation. The construction carries promise for significant improvements in alignment and ownership of donor programmes in Vietnam generally.

Objectives and Components

The development objective of the programme - A capable, ethical, democratic and rights-protecting justice sector developed - is an abbreviated version of the overall JRS (Resolution 49) objective, and is in alignment with the general Government and Party objective of building a rule of law state.[2]

Under Component I, “Justice sector state institutions strengthened in their efforts to implement judicial reforms”, the programme will support three purposes abbreviated from the JRS orientations:

1. Judicial procedures improved to ensure they are consistent, democratic, transparent and respect human rights. A key means to this end is assessing, drafting amendments to, and implementing key procedural laws, for example the Civil Procedure Code, Criminal Procedure Code, Law on Judicial Procedures for Administrative Cases and the Law on Lawyers. Another is to promote various aspects of legal aid. Support will also be provided to assess and facilitate the publication of court judgements.

1. Judicial organs and judicial support institutions re-organized and strengthened. Key initiatives in support of this result area are the introduction of a jurisdiction-based court structure and the re-organization of the Procuracy to reflect the jurisdiction-based courts structure. The result area also includes support to a pilot on socialized bailiffs (huissiers de justice) in HCMC and the handling of judicial records.

1. Capacity of judicial staff, support staff, lawyers, legal aid providers, and other categories of justice sector professionals and actors strengthened. This result area comprises a range of capacity development initiatives linked to the JRS, for example introductory and continuous training of various categories of professionals including legal aid providers, topical training on matters related to new legislation (for example the new Criminal Procedure Code). Special emphasis will be given to ensure women’s access to capacity development.

Three key state institutions: the Supreme People’s Court (SPC), the Supreme People’s Procuracy (SPP), and the Ministry of Justice (MoJ) will receive institutional support to implement their respective tasks and priorities under the JRS.

Under Component II, “Empowerment of a self-managing Vietnam Bar Federation and lawyers supported”, the Vietnam Bar Federation (VBF) will be supported to create and put into place norms and structures for self-management and regulation of the profession. The VBF will receive support to assert itself as articulator of professional common interests and views, and to organise training for aspiring and already active lawyers.

Under Component III, “Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced”, the programme will provide application-based support to Non-Government Organizations to facilitate a range of initiatives relevant to law and justice. The initiatives may have a bearing on enhancing popular awareness of the rights and opportunities the law and justice system provide; enhancing understanding of judicial reforms through research; enhancing dialogue and information sharing on matters relevant to judicial reforms; and improving access to independent legal advice and aid. Special attention will be paid to vulnerable groups in society and women.

Capacity-development

The JPP emphasises strategic capacity development in areas critical to judicial reform, for example the drafting of policies and laws, institutional reform and implementation, monitoring and evaluation. In order to identify, utilise and develop capacity, the partner institutions and TA team will maintain a network of Vietnamese institutions with relevant skills and experience, within and outside of the justice sector. These include for example universities, other training institutions and Non-Government Organizations. When relevant expertise cannot be found or accessed in Vietnam, the institutions will be supported in establishing and maintaining a regional network of resource institutions and people.

The JPP gives special consideration to the needs of agencies and officials at lower levels (provincial, district, etc), as well as individuals (as users and rights-holders). It also seeks to enhance the capacity ofNon-Government Organizations as contributors to discussion on reform issues, providers of legal services (e.g. legal aid, advocacy), and implementers of projects and activities.

Budget

The total JPP budget from 2010 to 2015 is EUR 18.7 million. Funds will be disbursed through institutional baskets/joint funds, technical assistance, and fund management arrangements within the following overall budget allocations:

The parties to the JPP are aware that allocations may need to be adjusted to accommodate for new developments in the justice sector. The JPP includes a mechanism for this purpose.

Programme Management

Programme coordination, management, and implementation will take place at institutional level. All management decisions related to annual work plans and budgets, procurement plans, capacity development plans, presentation and approval of progress reports and audit reports etc. will be taken by institutional Steering Committees. The Partnership Committee performs such management functions that are required by the Ministry of Justice as the co-ordinating agency under Government Decree No. 131/2006/ND-CP on Issuance of Regulations on Management and Utilization of Official Development Assistance and Decree 78/2008 on Management of Foreign Legal Cooperation, respectively.

Capacity development will be provided by three distinct mechanisms designed for each of the three components. The state institutions will receive long-term capacity development from a Resident TA Team, which will also provide short-term experts upon request from the implementing state institutions. The VBF requires very unique support, which will be provided through a combination of international long term TA and initial fund management. Capacity development in the Non-Government Organizationscomponent will be flexible and related to the types of grants applied and awarded.

Funds to state institutions will be released through the State Treasury using institutional Special Accounts. Funds to the VBF will be handled as an integrated part of a contractual arrangement until the VBF has established necessary structures for handling the funds. The Non-Government Organizations component will be implemented through a fund manager. The Ministry of Finance will authorize these to work in that capacity through a contractual arrangement.

The programme will introduce performance-based guidance for annual budget approvals for support to state institutions. The performance indicators and targets will assist in focusing on the attainment of results identified by the institutions themselves in their respective annual work plans. There will be a programme inception review at the end of the first year or immediately after the completion of the first year, with the purpose of reviewing the establishment and functioning of Steering Committees, capacity development strategies and plans, as well as the flow of funds, financial management and procurement mechanisms. There will also be a mid-term review in 2012 and a review in 2014. All programme reviews will be undertaken jointly with representatives of all institutional Steering Committees and funding donors.

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1Introduction

Sweden, Denmark and the EC are long-term partners with Vietnam. Sweden has forty years of development cooperation experience with Vietnam. Denmark began work with Vietnam as a programme country in 1993. The EC has had bilateral cooperation with Vietnam since 1989.

The Justice Partnership Programme (JPP) manifests the ambition of these donors to harmonize their support to the justice sector in Vietnam, and to move into a support approach that is more aligned to Vietnamese priorities and “owned” than before. The existence of an authoritative Vietnamese plan for reform of the judicial sector - the Judicial Reform Strategy and supporting documents – provide the means to this end. The creation of the JPP coincides with the ending of several individual justice sector programmes in 2009, among them JOPSO and ISP.

The programme encourages the participation of new development partners and has been designed to facilitate and accommodate for this at any point in time.

The funds for the future are expected to amount to EUR 18.7 million, paving the way for a five-year initiative from 2010 onwards.