SOCIALIST REPUBLICOF VIETNAM
Independence - Freedom- Happiness
Ha noi, August 22, 2008
DEFINING THE FUNCTIONS. TASKS, POWERS AND ORGANTZA-TIONALSTRUCTURE OF THE MINISTRY OF JUSTICE
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Decree No. 178/ 2007/ND-CP of December 3, 2007. defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the Minister of Justice,
Article 1.- Position and functions
The Ministry of Justice is a government agency and functions to perform the state management of legislation and law enforcement; examination of legal documents; law dissemination and education: enforcement of civil judgments; judicial administration; judicial support and other judicial works nationwide; and public services in the domains under its stale management.
Article 2.- Tasks and powers
The Ministry of Justice shall perform tasks and exercise powers prescribed in the Government's Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies. and have the following specific tasks and powers:
1. To submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee: draft decrees of the Government under its approved annual law-making programs and plans, and projects and schemes as assigned by the Government or the Prime Minister; the negotiation on, conclusion of and accession to treaties, and guidelines on international cooperation in the domains under its state management.
2. To submit to the Prime Minister long-term, five-year and annual development strategies, master plans, programs and plans, and key national projects; draft resolutions and directives of the Prime Minister in the domains under its state management.
3. To promulgate circulars, decisions and directives on the domains under its state management.
4. To direct, guide, examine, and organize the implementation of, legal documents and approved strategies, master plans, programs, plans, projects and schemes under its state management.
5. Regarding legislative work:
a/To submit to the Government draft strategies on the formulation and completion of the legal system;
b/To draw up the Government's proposals on programs on elaboration of laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee concerning matters falling under the
Government's functions, tasks and powers; to propose to the Government for decision the assignment of agencies assuming the prime responsibility for, and coordinating with the Ministry of Justice in, drafting these legal documents; to examine and urge the drafting of bills, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee which are submitted by the Government;
c/ To appraise draft legal documents and treaties;
d/To participate in the elaboration of draft legal documents for which ministries, ministerial-level agencies and other agencies and organizations assume the prime responsibility;
e/ To guide, examine and urge ministries and ministerial-level agencies in preparing tentative programs on elaboration of laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee; to guide ministries, ministerial-level agencies and People's Councils and People's Committees of provinces and centrally run cities in drafting and appraising legal documents.
6. Regarding law enforcement:
a/ To supervise the general situation of law enforcement nationwide;
b/ To guide and urge ministries, ministerial-level agencies, government-attached agencies and People's Councils and People's Committees of provinces and centrally run cities in monitoring, evaluating and reporting on the law enforcement situation falling under their management.
7. Regarding examination of legal documents:
a/ To examine according to law legal documents promulgated by ministries, ministerial-level agencies and People's Councils and People's Committees of provinces and centrally run cities; to propose the handling of or handle its competence or under the Prime Minister's authorization documents contrary to law;
b/ To direct, guide, examine and urge ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities in examining legal documents.
8. To guide, examine and urge the scrutiny and systematization of legal documents.
9. Regarding law dissemination and education:
a/ To Submit to the Prime Minister for promulgation programs on law dissemination and education; to act as the key agency in coordinating ministries, branches and central agencies of socio-political organizations in organizing the implementation of law dissemination and education programs;
b/To build a contingent of law communicators; to compile, publish and distribute documents for law dissemination and education purposes;
c/ To guide the establishment, management and use of law bookcases in communes, wards, townships, agencies, units, enterprises and schools.
10. Regarding enforcement of civil judgments:
a/ To organize the enforcement of civil judgments nationwide; to coordinate with functional agencies in handling according to law acts of failing to comply with these judgments;
b/ To promulgate, and direct the implementation of. regulations on the order of. procedures for, and standards, norms, forms and papers on. enforcement of civil judgments:
c/ To uniformly manage the organization, operation and budget of local civil judgment executive agencies;
d/ To direct, provide professional guidance on, examine and urge the enforcement of civil judgments according to law.
11. Regarding judicial administration:
a/ To guide the authentication, management and registration of civil status, nationality and judicial records; to promulgate and uniformly manage forms, papers and books on civil status, nationality and judicial records;
b/ To handle requests for relinquishment, naturalization or restoration of Vietnamese nationality for submission to the State President according to law.
12. Regarding judicial support:
a/ To perform uniform state management of the organization and operation of asset auction nationwide; to guide and examine the organization and operation of lawyers, legal consultancy, notarization, judicial examination and commercial arbitration; to promulgate and guide the uniform use of forms and papers on notarization, judicial examination and commercial arbitration.
b/To grant and withdraw lawyers' professional practice certificates, notary cards and judicial examiner cards; to grant and withdraw professional practice permits for foreign lawyers in Vietnam, permits for establishment of foreign branches and law firms and commercial arbitration centers: to approve the charter of commercial arbitration centers;
c/ To guide provincial/municipal People's Committees in examining and handling acts of violation of law in the operation of lawyers, legal consultancy, notarization, judicial examination, asset auction and commercial arbitration.
13. Regarding child adoption:
a/ To guide and examine the registration of child adoption and the assurance of rights and interests of children adopted domestically and overseas according to law; to promulgate uniform forms and papers related to child adoption; to settle matters related to child adoption involving foreign elements according to law;
b/ To grant, extend, modify and withdraw permits for establishment of foreign child adoption offices and manage the operation of these offices in Vietnam.
14. Regarding legal aid:
a/To guide and examine the organization and operation of legal aid; to prescribe legal aid-related forms and papers;
b/ To work out, and organize the implementation of. supportive measures for developing legal aid activities;
c/ To build and manage the operation of Vietnam Legal Aid Fund.
15. Regarding registration of security transactions:
a/ To guide and examine the registration of security transactions; to promulgate, manage, and guide the use of. security transaction-related forms, papers and registration books;
b/ To organize and guide the registration of and information supply for security transactions, financial-lease assets and other transactions and assets according to law.
16. To guide and examine the organization and operation of grassroots-level conciliation.
17. To provide professional guidance on legal work of ministries, branches, localities and state enterprises and legal assistance for enterprises: to provide legal assistance for enterprises according to law.
18. Regarding international cooperation:
a/ To review, coordinate and appraise the contents of foreign cooperation programs, plans and projects on law; to guide, urge, examine, monitor and evaluate foreign cooperation activities on law;
b/ To organize the implementation of treaties and international cooperation guidelines falling under its state management after they are approved by the Government;
c/ To uniformly manage mutual legal assistance in civil and criminal matters, extradition and transfer of imprisoned persons between Vietnam and foreign countries; to act as the key agency for civil judicial mandate activities according to law;
d/ To carry out international cooperation in the domains under its state management according to law;
e/ To grant legal comments on projects according to law; to participate in the settlement of Vietnam-related international disputes with regard to legal aspects as assigned by the Government or the Prime Minister.
19. To elaborate regulations on evaluation, take-over and application of jurisprudential research results; to formulate, direct and organize the implementation of, scientific research plans; to develop and apply jurisprudential research results to legal, administrative and judicial reforms and the domains under its state management.
20. To direct the application of information technology to the domains under its state management: to build and develop national databases on legal documents, enforcement of judgments, security transactions, notarization, civil status, judicial examination and judicial records and other databases to meet its state management requirements.
21. Regarding the state management of public service providers in the domains under its state management:
a/ To organize and guide the implementation of mechanisms and policies on public service provision; and the socialization of public service provision activities in the domains under its state management;
b/To submit to the Prime Minister the planning on non-business organization networks; conditions and criteria for establishing state non-business organizations in the domains under its state management;
c/To guide, facilitate and support the operation of public service providers according to law.
22. To guide and facilitate associations and non-governmental organizations to participate in activities related to the domains under its state management according to law; to handle or propose competent state agencies to handle acts of violation of law by associations and nongovernmental organizations according to law; to approve the charter of the National Lawyers Association.
23. Regarding examination and inspection:
a/ To guide, inspect and examine the implementation of policies and laws in the domains under its state management: to inspect and examine local administrations in implementing the management decentralization mechanism in the domains tinder its state management;
h/To settle citizens' complaints, denunciations and proposals related to the domains under its state management;
c/To prevent and fight corruption and negative practices and handle acts of violation of law in the domains under its state management.
24. Regarding administrative reform:
a/ To propose solutions to renew and raise the efficiency of the state administrative institution reform and supervise and urge their implementation after they are approved by the Prime Minister;
b/ To decide on and organize the implementation of the Ministry's administrative reform plan according to the Government's state administrative reform program and plan and the Prime Minister's instruction.
25. To formulate criteria on professional qualifications and skills for judicial public employee ranks for promulgation by the Ministry of Home Affairs; to promulgate criteria on professional qualifications and skills for judicial public servant ranks after they are appraised by the Ministry of Home Affairs; to promulgate specific criteria on professional qualifications and skills for heads of provincial/municipal People's Committees' professional agencies of branches and domains under its management; to appoint and dismiss holders of judicial titles under its management.
To manage law training activities: to organize law training of different levels; to provide professional training and retraining for holders of judicial titles according to law.
26. To manage its organizational apparatus and payroll; to implement the wage regime and other regulations and policies on treatment, emulation, commendation and disciplining of cadres, public employees and servants under its management; to train and retrain its cadres, public employees and servants.
27. To manage finance and assets assigned to the Ministry and use state budget funds allocated to the Ministry according to law.
28. To perform other tasks and exercise other powers as prescribed by law or as assigned by the Government or the Prime Minister.
Article 3.- Organizational structure
1. The Department of General Affairs on Legislation.
2. The Department of Penal and Administrative Legislation.
3. The Department of Civil and Economic Legislation.
4. The Department of International Law.
5. The Department of Law Dissemination and Education.
6. The Department of Judicial Administration.
7. The Department of Judicial Support.
8. The Department of International Cooperation.
9. The Planning-Finance Department.
10. The Department of Organization and Personnel.
11. The Department of Emulation and Commendation.
12. The Inspectorate.
13. The Office.
14. The Department for Enforcement of Civil Judgments.
15. The Legal Aid Department.
16. The Department of Examination of Legal Documents.
17. The National Registry of Security Transactions.
18. The Department of Child Adoption.
19. The Information Technology Department.
20. The Representative Office in Ho Chi Minh City.
21. The Jurisprudence Institute.
22. The Justice Academy.
23. The Democracy and Law journal.
24. The Vietnam Law newspaper.
The units defined in Clauses 1 thru 20 of this Article shall assist the Minister in performing the state management function, the units defined in Clauses 21 thru 24 of this Article are non-business organizations attached to the Ministry.
The Department of General Affairs on Legislation, the Department of Penal and Administrative Legislation, the Department of Civil and Economic Legislation, the Department of International Law, the Department of Law Dissemination and Education, the Department of Judicial Administration, the Department of Judicial Support, the Department of I
nternational Cooperation, the Department of Organization and Personnel and the Planning-Finance Department may organize their own sections.
The Minister of Justice shall submit to the Prime Minister for promulgation a decision defining the functions, tasks, powers and organizational structures of the Department of Enforcement of Civil Judgments and a list of the Ministry's remaining non-business organizations.
Article 4.- Implementation effect
1. This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 62/2003/ND-CP of June 6,2003, defining the functions, tasks, powers and organizational structure of the Ministry of Justice.
2. To annul all previous provisions which are contrary to this Decree.
Article 5.- Implementation responsibilities
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.
ON BEHALF OF THE GOVERNMENT
Nguyen Tan Dung