Joint Circular No. 01/2005/TTLT/BTP-BNV guiding the implementation of certain provisions of Government Decree No. 122/2004/NĐ-CP dated May 18, 2004 on the functions, tasks, powers, and organization of legal affairs units in Ministries, ministerial-level agencies, government agencies, local specialized agencies under provincial people's committees, and state-owned enterprises.

JOINT CIRCULAR

Guidance on implementing certain provisions of Decree No.

122/2004/NĐ-CP dated May 18, 2004

of the Government stipulating functions, tasks, powers, and organizational structure of legal affairs units in Ministries,

and agencies equivalent to Ministries, agencies under the Government, specialized agencies under provincial People's Committees,

and state-owned enterprises.

Implementing Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating functions, tasks, powers, and organizational structure of legal affairs units in Ministries, agencies equivalent to Ministries, agencies under the Government, specialized agencies under provincial People's Committees, and state-owned enterprises (hereinafter referred to as Decree No. 122/2004/NĐ-CP), the Ministry of Justice and the Ministry of Home Affairs provide guidance on some points regarding the organizational structure of legal affairs units in Ministries, sectors, local specialized agencies, and state-owned enterprises as follows:

I. ON BUILDING AND STRENGTHENING THE LEGAL AFFAIRS ORGANIZATIONAL STRUCTURE

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1. Legal affairs organizational structure in Ministries, agencies equivalent to Ministries, and agencies under the Government

a) Ministries, agencies equivalent to Ministries, and agencies under the Government that have established legal affairs units prior to the effective date of Decree No. 122/2004/NĐ-CP must review their functions, tasks, powers, and organizational structures to adjust them in accordance with their authority or submit them for adjustment by competent authorities in compliance with the provisions of Decree No. 122/2004/NĐ-CP.

b) For government agencies operating in public services, based on the functions, tasks, powers of the agency and the requirements and workload of legal affairs work, the head of the government agency decides to establish a Legal Affairs Department or designate a unit responsible for legal affairs work.

c) For General Departments and Sector Management Departments directly under Ministries and agencies equivalent to Ministries, based on the requirements and workload of legal affairs work, the Minister or the head of the agency equivalent to a Ministry establishes a dedicated legal affairs unit or designates a unit responsible for legal affairs work. In cases where the functions, tasks, powers, and organizational structure of General Departments and Sector Management Departments are

Legal affairs organizational structure in specialized agencies under provincial People's Committees (hereinafter collectively referred to as provincial People's Committees). Except for the Department of Justice, specialized agencies under provincial People's Committees base on their functions, tasks, powers, and the requirements and workload of legal affairs work to submit to the provincial People's Committee for consideration and decision to establish a Legal Affairs Department or designate a unit responsible for legal affairs work and allocate dedicated civil servants for legal affairs work.

3. Legal affairs organizational structure in state-owned enterprises

2. a) State-owned corporations established according to Decision No. 91/TTg dated March 7, 1994 of

b) Other state-owned enterprises, based on the needs of legal affairs work, establish legal affairs units or allocate dedicated legal officers or hire legal advisors.

II. QUALIFICATIONS AND STANDARDS FOR CIVIL SERVANTS ENGAGED IN LEGAL AFFAIRS WORK

1. From the effective date of Decree No. 122/2004/NĐ-CP, new recruitment of civil servants engaged in legal affairs work in Ministries, agencies equivalent to Ministries, agencies under the Government, and specialized agencies under provincial People's Committees must meet all the qualifications and standards stipulated in Clause 1, Article 11 of Decree No. 122/2004/NĐ-CP and other current regulations. In cases where civil servants engaged in legal affairs work already hold a bachelor's degree in law but lack specialized knowledge in their field of work, each year, Ministries and sectors will develop plans for training, upgrading, and enhancing their specialized knowledge. In cases where civil servants engaged in legal affairs work already hold a bachelor's degree in a specialized field but lack legal knowledge, each year, Ministries and sectors will develop plans and cooperate with the Ministry of Justice to organize training for bachelor's degrees in law or enhance legal knowledge (at the latest, within three years of engaging in legal affairs work, they must obtain certificates from law training institutions).

2. From the effective date of Decree No. 122/2004/NĐ-CP, initial appointments and reappointments of heads of legal affairs units in Ministries, agencies equivalent to Ministries, and agencies under the Government, in addition to meeting all the qualifications and standards stipulated in Clause 2, Article 11 of Decree No. 122/2004/NĐ-CP and other conditions and standards prescribed by law, must be individuals with experience in legal affairs work or who have previously chaired the drafting of proposals for the establishment and issuance of regulatory legal documents.

3. For civil servants engaged in legal affairs work and heads of legal affairs units recruited and appointed before the effective date of Decree No. 122/2004/NĐ-CP who do not meet the qualifications and standards stipulated in Article 11 of Decree No. 122/2004/NĐ-CP, Ministries, agencies equivalent to Ministries, agencies under the Government, and specialized agencies under provincial People's Committees will develop plans for training, upgrading, and enhancing their qualifications to meet the standards for legal knowledge and specialized knowledge.

4. When implementing Article 10 of Decree No. 122/2004/NĐ-CP of the Government, state-owned enterprises may apply the professional standards for civil servants engaged in legal affairs work stipulated in Point 1, Part II of this Circular to select, allocate, and utilize dedicated staff for legal affairs work in their enterprises.

III. TIMEFRAME AND PROGRESS FOR BUILDING AND STRENGTHENING THE LEGAL AFFAIRS ORGANIZATIONAL STRUCTURE

4. When implementing Article 10 of Decree No. 122/2004/NĐ-CP of the Government, state-owned enterprises may apply the business standards for civil servants engaged in legal affairs work as stipulated in Section 1, Part II of this Circular to select, arrange, and utilize dedicated staff for legal affairs within their own enterprises.

III. TIMEFRAME AND PROGRESS FOR BUILDING AND STRENGTHENING LEGAL ORGANIZATIONAL STRUCTURE.

To ensure the performance of the tasks and powers of the legal affairs organization as stipulated in Decree No. 122/2004/NĐ-CP, the Ministry of Justice and the Ministry of Home Affairs request all Ministries, sectors, and localities to review and assess the organization and cadre of civil servants and officials engaged in legal affairs work. At the same time, they must expedite the improvement and consolidation of their own legal affairs organizations in accordance with the provisions of Decree No. 122/2004/NĐ-CP and this Circular. The above work must be completed in the second quarter of 2005. For state-owned enterprises under the management of any Ministry, sector, or locality, that Ministry, sector, or locality shall direct the improvement and consolidation of the legal affairs organization in those enterprises. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. It is required that all Ministries, agencies at the ministerial level, government agencies, provincial People's Committees, and the 91 General Corporations report on the establishment and consolidation of legal affairs organizations within their respective Ministries and sectors in the first quarter of 2005, and annually report on the organization and activities of legal affairs organizations under their management to the Ministry of Justice and the Ministry of Home Affairs for compilation and reporting to the Prime Minister.

For state-owned enterprises under the management of any Ministry, sector, or locality, that Ministry, sector, or locality shall direct the improvement and consolidation of the legal affairs organization in those enterprises.

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

It is required that all Ministries, agencies at the ministerial level, government agencies, provincial People's Committees, and the 91 General Corporations report on the establishment and consolidation of legal affairs organizations within their respective Ministries and sectors in the first quarter of 2005, and annually report on the organization and activities of legal affairs organizations under their management to the Ministry of Justice and the Ministry of Home Affairs for compilation and reporting to the Prime Minister./.