Decision No. 01/2008/QD-BTTTT on the functions, tasks, powers, and organizational structure of the Legal Department

 Pursuant to …;

Regulations on functions, tasks, powers

and the organizational structure of the Legal Department

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MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and legal affairs organization of Ministries, ministerial-level agencies, government agencies under the central government, specialized agencies under provincial People's Committees, and state-owned enterprises;

At the proposal of the Director of the Cadre and Civil Servant Organization Department and the Director of the Legal Department,

DECISION:

Article 1. Position and Functions

The Legal Department is the agency assisting the Minister in managing state administration through law in the fields of press; publishing; postal services and delivery; telecommunications and the Internet; broadcasting and transmission; radio frequency spectrum; information technology and electronics; radio and television; and national information infrastructure.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. To take the lead and coordinate with departments and units under the Ministry in drafting the annual and long-term legislative program and organize its implementation after approval by the Minister.

2. To take the lead or participate in drafting normative legal documents within the scope of the Ministry’s state management responsibilities according to the Minister's assignment.

3. To review or provide comments on the legal aspects of draft normative legal documents prepared by departments and units under the Ministry before submitting them to the Minister.

4. To take the lead and coordinate with departments and units under the Ministry in preparing files for draft normative legal documents to be submitted by the Minister to relevant agencies and organizations for their opinions, to the Ministry of Justice for review, and to the Government for consideration.

5. To take the lead and coordinate with departments and units under the Ministry in assisting the Minister in providing comments on draft normative legal documents sent out for opinions by relevant agencies and organizations.

6. To take the lead and coordinate with departments and units under the Ministry in organizing the review and systematization of normative legal documents within the scope of the Ministry’s state management responsibilities and developing plans to handle the results of such reviews to be submitted to the Minister.

7. To take the lead and coordinate with departments and units under the Ministry in organizing self-inspections of normative legal documents issued within the Minister's authority and proposing plans to handle illegal documents to be submitted to the Minister.

8. To take the lead and coordinate with departments and units both inside and outside the Ministry in organizing inspections of normative legal documents issued by the Minister, other ministerial-level agency heads, Provincial People's Councils, and Provincial People's Committees that relate to the Ministry’s state management responsibilities; proposing plans to handle illegal documents and monitoring the results of such handling.

9. To take the lead and coordinate with departments and units under the Ministry in developing plans to disseminate and educate the public about laws within the scope of the Ministry’s state management responsibilities to be submitted to the Minister and organizing their implementation after approval.

10. To take the lead in guiding professional legal matters for departments and units under the Ministry, Departments of Information and Communications, and businesses operating within the scope of the Ministry’s state management responsibilities.

11. To coordinate with departments and units under the Ministry in inspecting the implementation of laws within the scope of the Ministry’s state management responsibilities.

12. To take the lead or participate with departments and units under the Ministry in organizing mid-term and final evaluations of the practical implementation of laws within the scope of the Ministry’s state management responsibilities.

13. To participate in providing opinions on the handling of violations of laws within the scope of the Ministry’s state management responsibilities.

14. To participate in resolving disputes related to the scope of the Ministry’s state management responsibilities.

15. To participate in resolving complaints and petitions according to the Minister's assignment.

16. To manage the organization, cadres, civil servants, assets, files, and documents in accordance with the law and the Minister's delegation.

17. To perform other tasks assigned by the Minister.

Article 3. Organizational Structure

The Legal Department has a Director, Deputy Directors, and staff members engaged in legal work.

The Director is responsible to the Minister for organizing the implementation of the assigned functions, tasks, and powers.

Deputy Directors assist the Director in directing and managing all aspects of the Department's operations and are responsible to the Director for the tasks assigned to them.

The duties and powers of staff members in the Legal Department shall be defined by the Director.

Article 4. Implementation provisions

This Decision takes effect fifteen (15) days from the date of publication in the Official Gazette. The Decision No. 31/2005/QĐ-BBCVT dated November 11, 2005 of the Minister of Posts and Telecommunications on the functions, tasks, powers, and organizational structure of the Legal Department is hereby repealed.

Article 5. Responsibilities for Implementation

The Head of the Office, the Director of the Cadre and Civil Servant Department, the Director of the Legal Department, and the Heads of departments and units under the Ministry are responsible for implementing this Decision.