Decision No. 03/2005/QD-BTNMT stipulates the functions, tasks, and powers of the Legal Department.

Pursuant to …;

Regulations on the functions, tasks, and powers of the Legal Department

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

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

At the proposal of the Legal Department Director and the Organization and Cadres Affairs Department Director,

DECISION:

Article 1. Position and Functions

The Legal Department is an organizational unit of the Ministry of Natural Resources and Environment with the function of assisting the Minister in managing by law; organizing the implementation of legislative work; reviewing, examining, and systematizing regulatory legal documents; disseminating and educating about the law; inspecting the implementation of regulatory legal documents within the scope of the Ministry’s administrative management.

Article 2. Tasks and Powers

1. In legislative work:

a) Taking the lead and coordinating with relevant units in proposing the annual and long-term legislative program and organizing its implementation;

b) Taking the lead or participating in drafting regulatory legal documents according to the Minister's assignment;

c) Reviewing or providing legal opinions on draft regulatory legal documents prepared by other units within the Ministry before submitting them to the Minister;

d) Taking the lead or coordinating with relevant units in preparing files for draft regulatory legal documents for the Minister to request organizations and agencies to provide comments, submit to the Ministry of Justice for review, and present to the Government and the Prime Minister according to the Minister's assignment;

đ) Taking the lead or coordinating with relevant units in assisting the Minister in providing opinions on draft regulatory legal documents sent for comments by other Ministries according to the Minister's assignment;

e) Assisting the Minister in implementing or participating in implementing issues related to international law within the scope of the Ministry’s administrative management; participating in international cooperation projects in the field of legal affairs assigned by the Minister.

2. In reviewing and systematizing regulatory legal documents:

a) Taking the lead and coordinating with relevant units in organizing the review and systematization of regulatory legal documents related to the Ministry's management area;

b) Submitting to the Minister proposals for handling the results of reviewing regulatory legal documents.

3. In inspecting regulatory legal documents:

a) Taking the lead and coordinating with relevant units in assisting the Minister in inspecting and handling regulatory legal documents in accordance with the law;

b) Reporting the results of inspecting regulatory legal documents to the Minister and sending them to the Ministry of Justice; coordinating with units under the Ministry of Justice to organize the inspection of regulatory legal documents.

4. In disseminating and educating about the law, inspecting the enforcement of laws:

a) Taking the lead and coordinating with relevant units in organizing the dissemination and education to enhance community awareness about policies and laws; answering questions about policies and laws on natural resources and environment for organizations and individuals; training and enhancing the capacity of officials and civil servants drafting regulatory legal documents within the Ministry and Provincial Departments of Natural Resources and Environment;

b) Coordinating with relevant units in inspecting the enforcement of laws in the sector; monitoring and urging the enforcement of laws, summarizing practical experiences in enforcing laws in the sector;

c) Participating in opinions on handling violations of laws in the sector.

5. Participating in researching scientific topics on laws on natural resources and environment;

6. Providing professional guidance to legal departments at Bureaus and state-owned enterprises where the Ministry is the representative owner of the state capital;

7. Assisting the Minister in managing the Ministry's activities related to publishing; printing and distributing newspapers and magazines;

8. Regularly and urgently reporting the situation of implementing tasks in the assigned areas of work;

9. Implementing other tasks assigned by the Minister;

10. Managing civil servants under the Legal Department.

Article 3. Organization of the Department

The Legal Department leadership consists of a Director and several Deputy Directors.

The Director is responsible to the Minister for assigned tasks and is legally responsible for all activities of the Department; establishing working regulations and directing all activities of the Department; signing documents responding to organizations and individuals on policies and laws within the scope of the Ministry’s administrative management upon the Minister's delegation, and guiding documents on legal affairs work of the sector.

Deputy Directors are responsible to the Director for the areas of work they are assigned.

Civil servants of the Department work under the specialist system.

Article 4. Effectiveness

This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 58/2002/QĐ-BTNMT dated December 24, 2002 of the Minister of Natural Resources and Environment.

The Legal Department Director, the Organization and Cadres Affairs Department Director, and the Heads of subordinate agencies and units of the Ministry are responsible for implementing this Decision./.