Quyết định 759/QĐ-BTP 2018 chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Cục Bổ trợ tư pháp

DECISION

Defining the functions, tasks, powers and organizational structure of the Department of Judicial Support

__________________    

THE MINISTER OF JUSTICE

 

Pursuant to the Government's Decree No. 96/2017/ND-CP dated August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 22/2017/ND-CP dated February 24, 2017, on commercial mediation;

At the request of the Directors of the Organization and Personnel Department and the Department of Judicial Support,

 

DECIDES:

 

Article 1. Functions

1. The Department of Judicial Support is a unit affiliated to the Ministry of Justice, performing the function of advising and assisting the Minister in state management and organizing law implementation in the field of judicial assistance, including lawyers, legal counseling, public notarization, judicial assessment, property auction, commercial arbitration, asset management officers, bailiffs and commercial mediation in accordance with laws and decentralization and authorization of the Minister of Justice.

2. The Department of Judicial Support (hereinafter referred to as the Department) is a unit with legal status, headquartered in Hanoi city, with its own seal and account as prescribed by law.

Article 2. Tasks and powers

The Department has the following tasks and powers:

1. Developing and submitting to the Minister for approval the Department's long-term, 5-year, and annual work plans; participating in building long-term, 5-year and annual development strategies, planning and plans of the Justice sector.

2. Assuming the prime responsibility for, and coordinating with relevant units in, developing and submitting to the Minister strategies, planning and policies for developing the lawyer, public notarization, judicial assessment, property auction, and legal consulting, commercial arbitration, asset management officers, bailiffs, commercial mediation.

3. Presiding over the development of projects, schemes, and draft legal documents under the management of the Department and submit them to the Minister for promulgation according to the competence or submit them to competent agencies for promulgation; participating in appraising and commenting on projects, draft documents in the field of judicial assistance and other documents assigned by the Minister.

4. Developing and submitting to the Minister for promulgation and instructions for consistent use of sample documents and papers for lawyers, legal consulting, public notarization, judicial assessment, property auction, commercial arbitration, bailiffs, asset management officers, and commercial mediation in accordance with the law.

5. Reviewing, systematizing, and consolidating legal documents and codifying the legal normative system under the Department's management according to law provisions and decentralization of the Ministry.

6. Organizing and implementing planning, plans, strategies, programs, projects, and legal documents under the Department's management.

7. Monitoring and synthesizing the situation and results of implementation of guidelines, policies, solutions, and legal documents in the field of judicial assistance.

8. Carrying out specialized inspections in the fields of lawyers, legal consulting, public notarization, judicial assessment, property auction, commercial arbitration and other fields in accordance with law provisions.

9. Specialized management tasks in the field of lawyers and legal consulting:

a) Receiving and verifying dossiers submitted to the Minister to decide on granting and revoking law practice certificates, licenses for professional practice in Vietnam by foreign lawyers, and extending licenses for professional practice in Vietnam by foreign lawyers, licenses to establish foreign law firms, branches and licenses to establish branches of foreign law firms in Vietnam. Receiving and verifying dossiers submitted to the Minister to decide on recognition of lawyer training graduation issued by competent foreign agencies and organizations; receiving and verifying dossiers to establish lawyer training facilities to submit to the Minister for decisions to grant licenses to establish lawyer training facilities; guiding and supervising the organization of inspection of legal practice internship results;

b) Taking measures to direct and administer state management in the field of lawyers and legal consulting; monitoring, guiding and inspecting the implementation of state management tasks in the field of lawyers and legal consulting in accordance with law provisions and decentralization of the Ministry;

c) Promulgating according to competence documents and professional instructions on the organization and activities of lawyers and legal consulting in accordance with law provisions and decentralization of the Ministry.

10. Specialized management tasks in the field of public notarization:

a) Receiving and verifying dossiers submitted to the Minister to decide on the appointment, reappointment, and dismissal of public notaries;

b) Managing the organization, training and fostering of the public notarization;

c) Taking measures to direct and administer state management in the field of public notarization; monitoring, guiding and inspecting the implementation of state management tasks in the field of public notarization in accordance with law provisions and decentralization of the Ministry;

d) Promulgating according to competence documents and professional instructions on the organization and activities of public notarization in accordance with law provisions and decentralization of the Ministry.

11. Specialized management tasks in the field of judicial assessment:

a) Drawing up and posting on the Ministry of Justice’s portal a list of ad-hoc judicial assessors and judicial assessment organizations in accordance with law provisions and decentralization of the Ministry; receiving and verifying dossiers submitted to the Minister for comments on establishing a public judicial assessment organization under the decision-making competence of the Ministry and ministerial-level agencies managing specialized fields and localities;

b) Taking measures to direct and administer state management in the field of judicial assessment; monitoring, guiding and inspecting the implementation of state management tasks in the field of judicial assessment in accordance with law provisions and decentralization of the Ministry;

c) Promulgating according to competence documents and professional instructions on the organization and activities of judicial assessment in accordance with law provisions and decentralization of the Ministry.

12. Specialized management tasks in the field of property auction and commercial arbitration:

a) Receiving and verifying documents submitted to the Minister for issuance of auction practice certificates and revocation of auction practice certificates; guiding and inspecting the issuance of auctioneer cards;

b) Receiving and verifying dossiers submitted to the Minister to grant and revoke the licenses for establishment of arbitration centers, commercial mediation centers, and branches and representative offices of foreign commercial mediation institutions in Vietnam; appraising the draft Charter of the Arbitration Center to submit to the Minister for approval;

c) Taking measures to direct and administer state management in the field of property auction and commercial arbitration; monitoring, guiding and inspecting the implementation of state management tasks in the field of property auction and commercial arbitration in accordance with law provisions and decentralization of the Ministry;

d) Promulgating according to competence documents and professional instructions on the organization and activities of property auction and commercial arbitration in accordance with law provisions and decentralization of the Ministry.

13. Specialized management tasks in the field of asset management officers:

a) Receiving and verifying dossiers submitted to the Minister for issuance, revocation and re-issuance of the practice certificates of asset management officers;

b) Taking measures to direct and administer state management in the field of asset management officers; monitoring, guiding and inspecting the implementation of state management tasks in the field of asset management officers in accordance with law provisions and decentralization of the Ministry;

c) Promulgating according to competence documents and professional instructions on the organization and activities of asset management officers in accordance with law provisions and decentralization of the Ministry;

d) Making, publicizing and managing the list of asset management officers and asset management and liquidation enterprises nationwide; building a database of asset management officers and asset management and liquidation enterprises.

14. Specialized management tasks in the field of bailiffs:

a) Receiving and verifying dossiers submitted to the Minister for appointment and dismissal of bailiffs;

b) Taking measures to direct and administer state management in the field of bailiff; monitoring, guiding and inspecting the implementation of state management tasks in the field of bailiff in accordance with law provisions and decentralization of the Ministry;

c) Promulgating according to competence documents and professional instructions on the organization and activities of bailiff in accordance with law provisions and decentralization of the Ministry;

15. Specialized management tasks in commercial mediation:

a) Receiving and verifying dossiers submitted to the Minister to grant, re-grant, revoke, change the content of the licenses for establishment of commercial mediation centers, and decide to add commercial mediation activities to arbitration centers; grant, re-grant, and revoke licenses for establishment of branches and representative offices of foreign commercial mediation institutions in Vietnam;

b) Taking measures to direct and administer state management in the commercial mediation field; monitoring, guiding and inspecting the implementation of state management tasks in the commercial mediation field in accordance with law provisions and decentralization of the Ministry;

d) Promulgating according to competence documents and professional instructions on the organization and activities of commercial mediation in accordance with law provisions and decentralization of the Ministry.

e) Publishing the list of commercial mediators and the list of commercial mediation institutions nationwide.

16. Monitoring and managing activities of the Vietnam Bar Federation, Vietnam Notary Association, bar associations, notary associations and other social-professional organizations in the judicial assistance field in accordance with law provisions and decentralization of the Ministry.

17. Carrying out preliminary, summary and synthesis of periodic or extraordinary statistical data on fields and tasks under the management of the Department; preparing reports on the organization and activities of lawyers, legal counseling, public notarization, judicial assessment, property auction, commercial arbitration, asset management officers, bailiffs, and commercial mediation for the Minister to report to the Government and Prime Minister according to regulations.

18. Carrying out international cooperation in the field of judicial assistance in accordance with law provisions and decentralization of the Ministry.

19. Resolving or participating in resolving complaints and denunciations; receiving or participating in receiving citizens; preventing and combating corruption and negativity and handling violations of the law in the fields under the management of the Department and the Ministry's decentralization.

20. Managing and maintaining the operation of the judicial assistance information page; applying information technology, building, updating and managing databases to serve state management activities in the field of judicial assistance.

21. Participating in scientific research, training and fostering of civil servants and public employees, dissemination and education of laws in the fields under the management of the Department; implementing the administrative reform program in accordance with law provisions and decentralization of the Ministry.

22. Organizing the implementation of emulation, reward and management of the unit's civil servants and employees in accordance with law provisions and decentralization of the Ministry.

23. Implementing the regimes of finance, accounting, management, and use of the Department's budget and assets in accordance with law provisions and decentralization of the Ministry.

24. Performing other tasks and powers as prescribed by law or assigned by the Minister.

Article 3. Organizational structure and payrolls

1. The Department's organizational structure includes:

a) Department leaders:

The Department's leaders include the Director and no more than 03 (three) Deputy Directors.

The Director shall be responsible before the Minister and before the law for implementing the assigned tasks and powers of the Department.

Deputy Directors shall assist the Director in managing and operating the Department's activities; directly manage a number of fields and work tasks as assigned by the Director; take responsibility before the Director and the law for assigned fields and tasks.

b) Organizations under the Department:

- The Department's Office;

- The Lawyer and Legal Consulting Management Department;

- The Public Notarization and Bailiff Management Department;

- The Department for Management of Property Auction, Arbitration, and Commercial Mediation;

- The Department of Judicial Support Inspection and Judicial Assessment Management;

The establishment, merger, separation, and dissolution of organizations under the Department shall be decided by the Minister on the basis of the proposal of the Director of the Department of Judicial Support and the Director of the Organization and Personnel Department.

The functions, tasks, powers and working relationships between organizations under the Department shall be prescribed by the Director of the Department.

2. The Department's administrative payroll which belongs to the administrative payroll of the Ministry of Justice, shall be allocated by the Minister based on the request of the Director of the Department of Judicial Support and the Director of the Organization and Personnel Department.

Article 4. Responsibilities and working relationships

Responsibilities and working relationships between the Department and the Ministry's leaders, units under the Ministry, and the Departments of Justice of provinces and centrally-run cities shall follow the Ministry's working regulations and specific regulations as follows:

1. The Department is under the direct leadership and direction of the Minister and Deputy Minister assigned to be in charge; is responsible for organizing implementation, reporting results and takes responsibility before the Minister and the law for the results of assigned tasks.

2. The Department acts as the focal point to help Ministry’s leaders carry out relationships with ministries, branches, localities and other relevant agencies and organizations in the fields under the Department's management.

3. If there are any difficulties related to functions, tasks and powers of other units affiliated to the Ministry arise in the course of performance of the tasks specified in Article 2 of this Decision, the Department shall assume the prime responsibility for discussing and agreeing on the form and content of coordination with such units. Relevant units shall carry out coordination according to the requirements on form, content and deadline of the Department of Judicial Support.

The Department shall coordinate in settling requests from other units affiliated to the Ministry in settling issues within their functions and tasks which are related to the fields under the Department's state management.

In case there is an issue arising beyond the competence or different opinion between the Department and relevant units, the Director of the Department shall report and seek direction from the Minister or Deputy Minister directly in charge.

4. Working relationship between the Department of Judicial Support and relevant units under the Ministry:

a) Coordinating with the Judicial Academy and relevant units to develop content, programs, and documents for training and professional development in the field of judicial assistance; in managing and organizing training for lawyers, notaries, property auction training and other judicial assistance professions as prescribed by law; organizing skills and professional training in the fields of lawyers, legal consulting, public notarization, judicial assessment, property auction, commercial arbitration, bailiffs, asset management officers, and commercial mediation;

b) Coordinating with the Civil Status, Citizenship and Notarization Department in guiding authentication operations as prescribed by law;

c) Coordinating with the Ministry’s Inspectorate in inspecting the fields of lawyers, legal consulting, public notarization, judicial assessment, property auction, commercial arbitration, bailiffs, asset management officers, and commercial mediation;

d) Assuming the prime responsibility for, and coordinating with the Southern Affairs Department in, organizing local working groups and coordinating to perform other tasks on monitoring state management activities in the field of judicial assistance in Southern provinces;

dd) Coordinating with the Information Technology Department in building and upgrading software and managing databases to serve state management of lawyers, legal consulting, public notarization, and judicial assessment, property auction, commercial arbitration, asset management officers, bailiffs, commercial mediation;

e) Assuming the prime responsibility for, and coordinating with the Organization and Personnel Department, in perfecting the functions, tasks, powers, organizational structure, determining job positions, managing and using civil servants and employees of the Department; coordinating with the Organization and Personnel Department in monitoring and managing the activities of the Vietnam Bar Federation, Vietnam Notary Association, socio-professional organizations of lawyers, notary associations and other socio-professional organizations in the field of judicial assistance;

g) Coordinating with the Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation in monitoring law enforcement in the field of judicial assistance;

h) Coordinating with the Planning and Finance Department in implementing financial and accounting regimes and policies in accordance with law provisions;

i) Coordinating with the International Cooperation Department to carry out international cooperation activities in the field of judicial assistance in accordance with law provisions and decentralization of the Ministry.

Article 5. Effect

This Decision takes effect from the date of its signing, and replaces the Minister of Justice's Decision No. 1489/QD-BTP dated June 18, 2013, defining the functions, tasks, powers and organizational structure of the Department of Judicial Support.

Article 6. Implementation responsibility

Chief of Office, Director of the Department of Judicial Support, Director of the Organization and Personnel Department, Director of the Planning and Finance Department, Heads of units under the Ministry, Directors of the provincial-level Departments of Justice, Directors of the Departments of Civil Judgment Enforcement of provinces and centrally-run cities shall implement this Decision./.