This Decision issues the Working Regulations of the Ministry of Justice Leaders, stipulating the working relationships between leaders and heads of units under the Ministry, as well as the procedures for handling official documents and materials. Notably, it assigns specific responsibilities to each entity and clearly defines the information and reporting systems.
적용 범위
Leaders of the Ministry of Justice, Heads of units under the Ministry, Directors of Provincial Justice Departments, Presidents of People's Courts at provincial level cities directly under the central government.
핵심 사항
- The Minister is the head and assigns Deputy Ministers to handle matters within their authority;
- Deputy Ministers are responsible for certain areas of work of the Ministry and resolve issues arising within their assigned scope;
- The Ministry Leaders organize weekly meetings to provide information on work progress and discuss implementation measures;
- Heads of units under the Ministry are responsible to the Ministry Leaders for the execution of assigned or delegated tasks;
- Regular reporting system of Heads of units under the Ministry sent to the Ministry Office.
🌐 이 문서의 사회적 영향
- Positive: Enhance management and operational efficiency within the state apparatus, creating a professional working environment.
- Negative: May impose a heavy workload on units due to compliance with numerous reporting and information regulations.
❓ 자주 묻는 질문
How does the Minister assign Deputy Ministers?
The Minister assigns Deputy Ministers and may delegate authority to Heads of units under the Ministry to resolve matters within their own authority.
What must the Head of a unit under the Ministry report to the Ministry Leaders?
The Head of a unit under the Ministry must submit regular reports on the unit’s plans and results of activities to the Ministry Office according to a specific schedule.
When does this Decision take effect?
This Decision takes effect 15 days from the date of signing the document.
How does the Ministry Leaders organize weekly meetings?
Every Monday, the Ministry Leaders hold weekly meetings. The meeting schedule must be maintained regularly and may invite Heads of relevant units to attend upon request of the Minister.
When must the Head of a unit under the Ministry report to the Minister, Deputy Minister in charge?
The Head of a unit under the Ministry must report to the Minister, Deputy Minister in charge on urgent work matters and results, or before the 25th day of the last month of each quarter, June, and November to report annual work.
전문
Pursuant to …;
Issuing the Operational Regulations of the Ministry of Justice's Leadership
_____________
THE MINISTER OF JUSTICE
Based on Article 16 of the Law on Enacting Legal Normative Documents;
Pursuant to the Government Decree No. 15/CP dated March 2, 1993 on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;
Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;
At the proposal of the Director of the Personnel and Training Department,
DECISION:
Article 1. The Operational Regulations of the Ministry of Justice's Leadership are hereby issued together with this Decision.
Article 2. This Decision shall take effect fifteen days from the date of signing the document.
Article 3. The Ministry's leadership, heads of units under the Ministry, Directors of Provincial Justice Departments, Presidents of People's Courts at provincial level cities directly under the central government shall be responsible for implementing these Regulations within their respective functions, tasks, and authorities.
REGULATIONS
Operations of the Ministry of Justice's Leadership
(Issued together with Decision No. 02/1999/QĐ-BTP
dated January 9, 1999 of the Minister of Justice)
_____________
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
These Regulations stipulate the operational procedures of the Ministry of Justice's Leadership and the working relationships between the Minister and Deputy Ministers; between the Minister and heads of units under the Ministry; among Deputy Ministers; between Deputy Ministers and heads of units under their responsibility; and between the Ministry's leadership and the Party Cadre Committee, Party Committee, and political-social organizations within the Ministry.
These Regulations also stipulate the information and reporting system, procedures for handling work matters, and signing of documents by the Ministry of Justice.
Article 2. General Principles
Working relationships and operational procedures of the Ministry of Justice's Leadership must ensure the following principles:
1. The Minister is the head of the Ministry, performing duties and exercising powers as prescribed by law, and is personally accountable to the Party and State for all activities of the Justice sector.
The Minister assigns tasks to Deputy Ministers and may delegate authority to heads of units under the Ministry to handle matters within the Minister’s jurisdiction, and is responsible for the implementation of such assignments and delegations;
2. In directing and managing work, the Ministry's leadership implements the principle of democratic centralism and the chief executive system, while promoting individual responsibility among members of the leadership;
3. The Ministry's leadership resolves work matters according to programs, plans, schedules, and operational regulations issued, except in cases of urgent requirements from higher-level agencies;
4. Deputy Ministers assist the Minister in overseeing certain areas of work within the Ministry and sector;
A Deputy Minister assigned to oversee a specific area of work is responsible for proactively resolving issues within that area;
A Deputy Minister is accountable to the Minister for the execution of assigned tasks;
5. Heads of units under the Ministry independently resolve matters within their functional and task scope, are accountable to the Minister and Deputy Ministers overseeing them for the execution of assigned or delegated tasks, and must fully comply with the information and reporting systems as prescribed by these Regulations.
Chapter II
WORKING RELATIONSHIPS AND OPERATIONAL PROCEDURES OF THE MINISTRY'S LEADERSHIP
Article 3. Ministers
1. The Minister oversees general work of the Ministry, regularly directs, guides, urges, and inspects the implementation of work by Deputy Ministers, and coordinates activities among Deputy Ministers;
2. The Minister is responsible for decisions made by Deputy Ministers within the scope of work assigned by the Minister;
3. The Minister regularly informs Deputy Ministers about policies, guidelines, and viewpoints of the Party and State related to the Ministry's and sector's work;
4. Beyond his general oversight role, the Minister directly leads and resolves the following areas of work:
a. Matters within the areas of work the Minister directly oversees;
b. Issues involving multiple units that have been directed by Deputy Ministers but remain unresolved due to differing opinions;
c. Issues arising beyond the authority of the responsible Deputy Minister;
d. Other matters the Minister deems necessary to resolve directly.
Article 4. Deputy Minister
1. Deputy Ministers assist the Minister in overall leadership of the Ministry and sector; directly oversee certain areas of work and units under the Ministry as assigned by the Minister; monitor and direct operations of judicial agencies in their assigned fields, and resolve other urgent matters assigned by the Minister.
2. When resolving assigned tasks, Deputy Ministers act on behalf of the Minister and are accountable to the Minister for the results of those tasks;
Within the scope of their assigned tasks, Deputy Ministers are responsible for:
a. Organizing, directing, and guiding agencies and units to implement tasks within their assigned areas;
b. Proactively resolving emerging issues within their assigned areas. For complex issues related to mechanisms and policies not yet regulated by law and important issues reflecting the sector's viewpoint, Deputy Ministers must report and seek guidance from the Minister before resolving them.
3. Regarding units they directly oversee, Deputy Ministers are responsible for regularly inspecting and urging the execution of work, and are accountable to the Minister for the results of work resolution by those units; regularly informing heads of units about policies, guidelines, and viewpoints of the Party and State related to their unit's work.
Article 5. Acting Deputy Minister
1. The Minister shall designate one of the Deputies to hold the position of Acting Deputy Minister.
2. In addition to the assigned tasks, the Acting Deputy Minister shall have the following powers and responsibilities:
a. Representing the Minister to handle the Minister's work when the Minister is absent;
b. Being authorized by the Minister to sign certain documents of the Ministry;
c. Handling the work of other Deputies when they are absent;
d. Representing the Ministry Leadership to maintain relations, direct, and coordinate activities with the Party Committee and political-social organizations within the Ministry.
3. When the Acting Deputy Minister is absent, the Minister shall designate another Deputy to temporarily assume the role of Acting Deputy Minister.
Article 6. Relations between Deputies
1. The relationship between Deputies is a coordinating relationship; Deputies have the responsibility to regularly inform each other about the handling of assigned tasks.
2. When performing assigned tasks, if there are issues related to areas under the responsibility of another Deputy that require their opinion, the leading Deputy has the responsibility to proactively coordinate to resolve them. In cases where Deputies have differing opinions, the leading Deputy shall report to the Minister or the Acting Deputy Minister for decision.
3. In cases where there is a reallocation of assigned tasks among Deputies, there must be a handover of task contents, relevant files, and documents between the Deputies.
Article 7. Departmental Leadership Meeting
1. Every week on Monday, the Departmental Leadership organizes a meeting. The meeting system must be maintained regularly.
The Minister chairs the meeting. When the Minister is absent, the Acting Deputy Minister chairs the meeting.
2. Participants in the Departmental Leadership Meeting include: the Minister and the Deputies;
Heads of units under the Ministry related to the meeting content may be invited to attend at the request of the Minister.
3. At the meeting:
a. The Minister and Deputies provide information to each other about tasks resolved during the week and upcoming tasks;
b. Deputies report to the Minister and seek guidance from the Minister on necessary issues;
c. The Minister and Deputies discuss measures to organize and implement tasks set for the week.
4. The Director of the Office is responsible for assigning someone to record the minutes of the Departmental Leadership Meetings. The minutes must be recorded fully and accurately and stored according to regulations on archival work.
5. Based on the meeting minutes, the Director of the Office is responsible for promptly informing in writing the results of the meeting to units under the Ministry no later than two days after the meeting.
6. The Ministry Office is responsible for preparing materials to serve the Departmental Leadership Meeting.
Article 8. Departmental Leadership Conference
1. The Departmental Leadership convenes a regular monthly meeting at the beginning of the last week of the month.
The Departmental Leadership may convene an emergency meeting at the request of the Minister or upon the proposal of the Deputies.
2. Participants in the Departmental Leadership Conference include: the Minister and the Deputies;
Heads of units under the Ministry related to the meeting content may be invited to attend at the request of the Minister.
3. The Minister chairs the Departmental Leadership Conference. During the conference, the Departmental Leadership discusses important matters of the Ministry and sector that the Minister deems necessary to obtain the collective opinion of the Departmental Leadership before making a decision.
4. The Director of the Office and heads of related units are responsible for preparing materials to serve the Departmental Leadership Conference. If the meeting content involves a project, the project content and related materials must be sent to participants no later than three days before the meeting, except in emergencies to address urgent issues.
The Director of the Office is responsible for assigning someone to record the minutes of the Departmental Leadership Conference. The minutes must be recorded fully and accurately and stored according to regulations on archival work.
5. After seeking guidance from the Minister, the Director of the Office is responsible for promptly informing in writing the results of the Departmental Leadership Conference to units under the Ministry no later than three days after the meeting; in necessary cases, the results of the Departmental Leadership Conference are informed to provincial Departments of Justice, People's Courts, or relevant agencies and organizations.
Article 9. Appointment of Department Heads' Representatives to Attend Meetings
1. The Minister shall be responsible for fully participating in all sessions of the Government, attending sessions of the Politburo, Standing Committee of the Politburo, and the Standing Committee of the National Assembly according to summonses, and other meetings specifically inviting the Minister. In case the Minister is absent, outside Hanoi, or unable to attend and with the consent of the summoning authority, the Minister shall delegate the duty to the Deputy Minister in charge or another Deputy Minister. The person delegated must seek instructions from the Minister before attending and is responsible for reporting to the Minister on the content and results of the meeting.
2. In cases where the summons invites a representative of the Department's leadership, the Minister or the Deputy Minister in charge shall attend the meeting or delegate another Deputy Minister or the head of a related unit to attend. The person delegated to represent the Department's leadership at the meeting must report to the Minister about the results of the meeting.
3. When the summons specifically invites a particular Deputy Minister, that Deputy Minister shall attend the meeting. If the invited Deputy Minister is absent, outside Hanoi, or unable to attend, after reaching an agreement with the inviting authority, the Minister or the Deputy Minister in charge shall delegate another Deputy Minister to attend instead. The Deputy Minister attending in place of the other must understand and grasp the issues of the meeting. If the meeting content involves important matters related to the activities of the Department or sector, the Deputy Minister attending has the responsibility to promptly report and seek instructions from the Minister.
4. The Director of the Office and the heads of related units are responsible for preparing full documentation for the Department's leadership to attend meetings.
Article 10. Local Work Trips of Department Heads
1. To inspect the implementation of state policies and laws, direct local judicial agencies, promptly assist localities in overcoming difficulties, survey actual conditions, meet with the people, study advanced experiences and models (if any), the Minister decides on local work trips of the Department's leadership.
2. The Director of the Office is responsible for planning and organizing the work program of the Department's leadership in localities.
The content of work in localities by the Minister or a relevant Deputy Minister pertains to the field of work of a specific unit, then the head of that unit is responsible for coordinating with the Director of the Office to prepare accordingly.
The Director of the Department's Office is responsible for notifying the locality at least three days in advance about the schedule of work of the Minister or Deputy Minister, except in urgent cases.
If the locality has issues to propose to the Minister or Deputy Minister for handling, it must submit them to the Minister or Deputy Minister at least three days before the Minister or Deputy Minister arrives to work in the locality.
3. The total number of people participating in the work delegation of the Minister or Deputy Minister to the locality shall not exceed five persons; the work delegation operates effectively without causing inconvenience to the locality.
Article 11. Receiving Guests by the Minister and Deputy Ministers
1. The Minister and Deputy Ministers receive guests for work according to schedules proposed by the Director of the Department's Office.
Upon receiving requests for work, the Director of the Office is responsible for seeking the opinion of the Minister or Deputy Minister and promptly informing the requesting guest about the time, location, person receiving, and content of the work.
In cases of unexpected guests, the Director of the Office or the Secretary of the Minister, or the assistant to the Deputy Minister directly reports to the Minister or Deputy Minister for consideration and decision.
The Director of the Office coordinates with related units to prepare the content for serving guests.
2. In cases of guests coming for social calls, the Secretary of the Minister or the assistant to the Deputy Minister is responsible for arranging for the Minister or Deputy Minister to receive the guests.
3. The Minister and Deputy Ministers receive civil servants and employees under the Department according to the Regulation on Implementing Democracy within the Ministry of Justice; receive foreign guests according to the Regulation on Managing Foreign Activities of the Ministry of Justice; receive citizens according to the Regulation on Receiving Citizens.
Article 12. Secretary of the Minister, Assistant to the Deputy Minister
1. The Secretary of the Minister shall be selected and decided upon by the Minister based on the proposal of the Director of the Cadre Organization and Training Department.
The Assistant to the Deputy Minister shall be selected by the Deputy Minister based on the proposal of the Director of the Cadre Organization and Training Department, which is then submitted to the Minister for decision.
2. During their assistance to the Ministry's leadership, the Secretary of the Minister and the Assistant to the Deputy Minister remain within the establishment of their working units and enjoy all benefits as cadres and civil servants of those units, including training, appointment, and commendation rights.
3. In addition to complying with relevant regulations, when receiving files for work resolution or documents for signature from subordinate units, the Secretary of the Minister and the Assistant to the Deputy Minister are responsible for signing and promptly submitting them to the Ministry's leadership for review.
4. The Secretary of the Minister and the Assistant to the Deputy Minister have the responsibility to regularly inform each other and maintain close contact with the Chief of the Office in serving the leadership's directive and management tasks.
5. When necessary, at the request of the Minister or Deputy Minister, the Secretary of the Minister and the Assistant to the Deputy Minister may attend meetings of the Ministry's leadership, leadership coordination meetings, department-level coordination meetings, and other meetings.
6. The Ministry's Office has the responsibility to create favorable conditions for the Secretary of the Minister and Assistants to the Deputy Minister to fulfill their assigned tasks.
Article 13. Work Schedule of the Ministry's Leadership
1. The Chief of the Office, together with the Secretary of the Minister and Assistants to the Deputy Minister, prepares the weekly work schedule of the Ministry's leadership. The work schedule must include all activities of the Minister and Deputy Ministers on a daily basis throughout the week and must be sent to the Ministry's leadership and heads of subordinate units by Wednesday morning every week.
Heads of subordinate units are responsible for registering their work schedules with the Ministry's leadership through the Chief of the Ministry's Office no later than Thursday morning every week;
In cases of genuine necessity, the Minister and Deputy Ministers may arrange work schedules outside regular hours. The Chief of the Office is responsible for implementing the overtime work system for cadres and civil servants participating in such activities.
2. The Chief of the Ministry's Office is responsible for urging the heads of units to prepare the full content of the assigned work so that the Minister and Deputy Ministers can resolve the work according to the established schedule, and together with the Secretary of the Minister and Assistants to the Deputy Minister, they are responsible for adhering strictly to the work schedule of the Minister and Deputy Ministers.
In case there is a change in the work schedule of the Minister and Deputy Ministers to another time, the Chief of the Office or the Secretary of the Minister and Assistants to the Deputy Minister are responsible for promptly informing those concerned about the change.
Chapter III
WORKING PRACTICES OF THE MINISTRY'S LEADERSHIP IN RELATION
TO HEADS OF SUBORDINATE UNITS
Article 14. Working Relationship between the Ministry's Leadership and Heads of Subordinate Units
The Ministry's leadership directs and manages the activities of subordinate units according to programs, plans, and work schedules; clearly assigns responsibilities within the leadership, delegates authority to the heads of subordinate units, while emphasizing the personal responsibility of unit heads in timely and fully resolving assigned tasks.
Heads of subordinate units comply with the unified directives of the Ministry's leadership, while promoting initiative, proactivity, and creativity in their own unit's management activities.
Article 15. Work Relations between Ministers, Deputy Ministers in Charge, and Heads of Departments under the Ministry
1. The Minister or Deputy Minister in charge of a unit shall directly direct the specialized and professional work of that unit based on the files submitted by the Head of the unit; decide and resolve matters based on the files submitted by the Heads of units and regularly meet with the collective of the unit they are responsible for at least once every six months.
2. The Deputy Minister in charge of a unit shall be responsible for reporting to and being accountable to the Minister for the results of the unit's activities, except when the Minister requests the Head of the unit to report directly.
3. Based on approved programs, plans, and schedules, the Head of a unit under the Ministry shall proactively resolve issues and regularly report and seek guidance from the Minister and Deputy Minister in charge.
In cases where resolving matters involves areas under the responsibility of another Deputy Minister, the Head of the unit must also seek guidance from that Deputy Minister.
4. The Head of a unit under the Ministry shall be accountable to the Minister and Deputy Minister in charge for overseeing the unit's activities; in cases of absence for one day or more, they must delegate authority to a deputy to manage the unit in their place and report this delegation to the Minister and Deputy Minister in charge.
5. When the Minister or Deputy Minister in charge works with the Heads of units under the Ministry regarding unit matters, the staff directly monitoring and implementing those tasks must be present.
Article 16. Reporting and Information System
1. The Heads of units under the Ministry have the obligation to implement regular reporting on the plan and results of their unit's activities, submitting them to the Ministry Office according to the following specific schedule:
a. On Fridays, for weekly activity reports;
b. On the 25th of each month, for monthly activity reports;
c. Before the 25th of the last month of each quarter, for quarterly activity reports;
d. Before June 25, for mid-year activity reports;
e. Before November 25, for annual activity reports;
If the specific dates mentioned in points a, b, c, d, and e of Clause 1 of this Article coincide with holidays or days off, the submission date will be the next working day after the holiday or day off.
For the reports specified in points d and e of Clause 1 of this Article, before submitting, the Head of the unit under the Ministry must seek guidance from the Minister and Deputy Minister in charge.
In case of emergencies, the Minister and Deputy Ministers may request the Heads of units under the Ministry to submit reports.
The Heads of units under the Ministry are responsible for carrying out tasks according to the set plan; if they determine that completion is not possible, they must report to the Minister and Deputy Minister in charge to seek guidance.
2. When assigned to attend meetings or undertake missions by the Minister or Deputy Minister in charge, the Head of the unit must seek guidance beforehand and has the responsibility to report to the Minister and Deputy Minister in charge about the content and results of the meeting or mission within five days after its conclusion.
In cases of direct invitation, the Heads of units under the Ministry shall actively attend meetings. After the meeting, the Head of the unit must promptly report to the Minister and Deputy Minister in charge about the meeting's outcomes, especially if the meeting's content pertains to important issues related to the Ministry's operations.
3. The Director of the Ministry Office is responsible for updating internal computer network (LAN) with various types of reports, operational information, and legal documents issued by the Ministry.
Article 17. Departmental Meetings
1. On the fifth day of the last week of each month, or upon urgent request, the Ministry shall organize a departmental meeting to review and assess the implementation of tasks for the month and to deploy tasks for the following month.
2. The Minister shall chair the departmental meeting; if the Minister is absent, the Deputy Minister in charge or another designated Deputy Minister shall chair the meeting.
3. The content of the departmental meeting shall be proposed by the Director of the Ministry's Office and submitted to the Minister or the Deputy Minister in charge for decision. The Director of the Office shall have the responsibility to notify the content of the meeting to the Ministry’s leadership, leaders of units at least one day in advance.
4. Participants in the departmental meeting include the Ministry’s leadership, leaders of units under the Ministry, and heads of political organizations within the Ministry. In necessary cases, the participants in the departmental meeting may also include senior officials as decided by the Minister.
5. The Director of the Ministry's Office shall be responsible for assigning someone to record the minutes of the departmental meeting. The minutes of the departmental meeting must be recorded fully and accurately and kept according to regulations on archival work.
6. The Director of the Ministry's Office shall be responsible for notifying in writing the conclusions of the Minister regarding issues raised so that units within the Ministry can organize their implementation no later than three days after the departmental meeting.
Chapter IV
RELATIONSHIP BETWEEN MINISTRY LEADERSHIP AND PARTY STAFF COMMITTEE, PARTY COMMITTEES, AND POLITICAL-SOCIAL ORGANIZATIONS WITHIN THE MINISTRY
THE COMMUNITY PARTY ORGANIZATION AND OTHER POLITICAL-SOCIAL ORGANIZATIONS WITHIN THE MINISTRY
Article 18. Relationship between Ministry Leadership and Party Staff Committee
The Party Staff Committee of the Ministry of Justice discusses and collectively decides on matters within its authority as stipulated in Guidance No. 10-HD-TC/TW dated November 28, 1995, concerning the Working Regulations of the Party Staff Committees in Ministries, agencies with ministerial status, and government agencies. The Minister is responsible for organizing the implementation of Resolutions of the Party Staff Committee under the head-of-department system.
The working relationship between Ministry leadership and the Party Staff Committee follows the Working Regulations of the Party Staff Committee of the Ministry of Justice.
Article 19. Relationship between Ministry Leadership and Party Committee
1. Every six months or upon urgent request, the Ministry leadership and the Party Committee or the Standing Committee of the Party Committee shall hold joint meetings to inform about policies, plans, the implementation of specialized work and Party work within the Ministry; discuss contents and measures to coordinate leadership in political and ideological education, organizational and cadre work, internal protection, leadership of political-social mass organizations within the agency to fulfill political tasks, consolidate unity and internal consistency, care for the living conditions of cadres and civil servants in the agency.
2. In cadre appointment work for units under the Ministry, the Ministry leadership shall work with the Party Committee or the Standing Committee of the Party Committee to convey policies, while seeking opinions on candidate personnel from the Party Committee. The Ministry leadership selects personnel and organizes trust votes within the Party Committee before the Minister makes a decision. When evaluating and classifying cadres under the management authority of superiors, the Ministry leadership shall seek the opinion of the Party Committee.
3. The Ministry leadership shall closely cooperate with the Party Committee to direct inspection, commendation, and disciplinary work for party members who are cadres and civil servants, and publicly announce the results of handling.
4. The Ministry leadership shall create favorable conditions for the Party Committee to operate effectively.
Article 20. Relations between the Ministry's Leadership and the Trade Union, other political-social organizations within the Ministry
1. The Ministry's Leadership shall be responsible for providing information to the Ministry's Trade Union and other political-social organizations within the Ministry about economic and social conditions, new policies and guidelines of the Party and State directly related to the rights, obligations, and interests of officials and civil servants within the Ministry.
2. The Ministry's Leadership shall consult with the Trade Union before making decisions on issues directly related to the rights, obligations, and interests of a large number of officials and civil servants.
3. The Trade Union's Leadership and other political-social organizations' leadership within the Ministry shall be responsible for regularly reflecting to the Ministry's Leadership on the operation of their organizations, as well as the thoughts and aspirations of officials and civil servants within the Ministry.
4. At least once a year, the Ministry's Leadership shall organize joint meetings with the Trade Union's Leadership or Standing Committee, and other political-social organizations within the Ministry to hear reports and proposals from these organizations.
5. The Ministry's Leadership shall create favorable conditions for the Trade Union and other political-social organizations within the Ministry to operate effectively. The Trade Union and other political-social organizations within the Ministry shall be responsible for encouraging officials and civil servants to fulfill assigned political tasks.
6. The Trade Union's Leadership shall be responsible for coordinating with the Ministry's Leadership to organize annual staff meetings.
Chapter V
HANDLING OF OFFICIAL DOCUMENTS AND PROCEDURES FOR SUBMISSION
RESOLUTION OF MINISTRY LEADERSHIP'S DUTIES
Article 21. Handling of incoming official documents and materials
1. Incoming official documents and materials daily must be recorded in the Ministry’s Office logbook, processed promptly, and closely monitored for resolution.
2. Official documents and materials addressed specifically to the Minister, Deputy Ministers, Heads of Units, and officials and civil servants under the Ministry must be delivered to the correct address by the Secretary; if the content pertains to official business, it must be immediately returned to the Chief of the Office for processing according to Clause 3 of this Article.
3. Official documents and materials sent collectively to the Ministry of Justice, the Ministry's Leadership, and subordinate units shall be handled by the Chief of the Office according to the following principles:
a. Official documents and materials from the Central Committee, the Standing Committee of the Central Committee, the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, or those containing content related to important policies and guidelines of the Ministry or sector shall be forwarded to the Minister for handling.
b. Official documents and materials related to the areas overseen by a Deputy Minister shall be forwarded to that Deputy Minister for handling. In cases where the content does not fall within the Deputy Minister's area of responsibility, the Deputy Minister shall return them to the Chief of the Office for further forwarding.
c. After the Minister or Deputy Minister has handled the official documents and materials, they must be immediately returned to the Chief of the Office for logging and timely transfer to the Head of the unit assigned to resolve the matter. Originals of the official documents and materials received must be retained at the main resolving unit, except as otherwise provided by laws on confidentiality and recordkeeping.
d. Urgent official documents and materials must be handled according to urgent procedures; confidential official documents and materials must be handled according to confidential procedures.
4. When assigning units to handle official documents and materials, the Minister and Deputy Ministers shall be responsible for directing the implementation, including the progress of the work.
5. Weekly, the Chief of the Office shall be responsible for compiling a list of official documents and materials received by the Ministry and the assignment of their handling to report to the Ministry's Leadership and inform the Heads of subordinate units.
Article 22. Authority to sign documents of the Ministry
1. The Minister shall sign reports and memoranda submitted to the Politburo, the Standing Committee of the Politburo, the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, decisions, circulars, directives, and other important documents concerning policies and organizational matters related to the operation of the Justice sector, organizational structure and personnel, and other documents deemed necessary by the Minister.
2. Deputy Ministers shall sign on behalf of the Minister for documents processing and resolving tasks within their respective areas of responsibility; in cases where they are authorized by the Minister to sign documents as stipulated in Clause 1 of this Article, they must obtain the Minister's approval before signing. Documents signed by Deputy Ministers must be reported to the Minister and the Deputy Minister responsible.
3. Heads of units under the Ministry shall sign on behalf of the Minister for memoranda containing guidance on professional matters, responses to specialized issues within their unit's scope of work, and memoranda sent to other agencies and organizations at the same level. Memoranda signed by Heads of units under the Ministry on behalf of the Minister must be reported to the Minister and the Deputy Minister responsible.
4. The Director of the Ministry’s Office shall sign on behalf of the Minister for weekly, monthly, quarterly, and semi-annual reports sent to the Government Office; documents announcing the instructions of the Minister and Deputy Minister; invitations to meetings issued by the Ministry's leadership; excerpts from issued documents; and other memoranda and papers within the authority of the Director of the Ministry’s Office.
5. The Director of the Personnel and Training Department shall sign on behalf of the Minister for decisions regarding the dispatch of cadres for training, participation in domestic organizations and activities, and salary increases within the delegated authority.
6. The signing of documents related to the Ministry's external relations shall follow the Regulation on the Management of External Activities of the Ministry of Justice.
Article 23. Procedure for Handling Matters of the Ministry
1. The Minister and Deputy Ministers shall examine and resolve daily matters based on the files submitted by the Heads of units under the Ministry.
The files for handling matters by the Heads of units include:
a. A form for submitting matters for resolution according to the prescribed model;
b. Draft documents for submission;
c. Opinions of the Heads of related units (if applicable);
d. Implementation plans (if applicable);
e. Other relevant documents (if applicable).
If the draft document or memorandum is submitted for the Minister's signature, it must have the opinion of the Deputy Minister responsible.
2. Upon receiving files from units submitted for the Ministry's leadership, the Secretary of the Minister and the Deputy Minister's assistant shall check the procedural and formal aspects of the files and documents. In case of formal errors or insufficient procedures, the Secretary of the Minister and the Deputy Minister's assistant shall immediately return the files to the submitting unit.
3. Upon receiving properly processed files, the Secretary of the Minister and the Deputy Minister's assistant shall promptly submit them to the Ministry's leadership.
4. In necessary cases, the Minister or Deputy Minister may convene the Head of the main unit to present additional information about the content and related opinions.
Within three days from the date of receipt of the submitted files, the Minister or Deputy Minister shall provide official comments.
Article 24. Requirements for Documents Submitted for Signature and Dispatch
1. All files for submission for signature must be completed within the deadline set by the Ministry's leadership, typed accurately and clearly, and comply with the Ministry's Office regulations on file types (file models, file colors).
2. All officially submitted documents must have a "confirmation" signature of the Head or Deputy Head of the unit responsible for drafting the document placed after the last word of the last line of the document. The "confirmation" signatures of Heads and Deputy Heads of units must be registered with the Ministry's Office.
Article 25. Processing outgoing correspondence and documents
1. After being signed by the Ministry's leadership, all letters must be registered in the Ministry's Office, assigned a document code, stamped, and sent out promptly to the recipient address in accordance with current regulations and stored accordingly.
2. Weekly, the Ministry's Office is responsible for compiling a list of outgoing letters and documents to report to the Ministry's leadership and notify the heads of units under the Ministry.
3. Urgent letters and documents must be processed according to urgent procedures; confidential letters and documents must be processed according to confidential procedures./.
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