Joint Circular No. 04/2005/TTLT-BTP-BNV guiding the functions, tasks, powers, and organization of specialized agencies assisting People's Committees in managing state administrative affairs related to judicial work at local levels.

JOINT CIRCULAR

Guidelines on functions, tasks, authorities and organizational structure

 of specialized agencies assisting the People's Committee in managing

state affairs related to judicial work at the local level

_____________

Pursuant to Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the People's Committees of provinces and centrally-run cities;

Pursuant to Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, urban districts, and provincial-level cities;

The Ministry of Justice and the Ministry of Home Affairs issue guidelines on the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to judicial work at the local level as follows:

I. DEPARTMENT OF JUSTICE

1. Position and Functions

The Department of Justice is a specialized agency under the People's Committee of provinces and centrally-run cities (hereinafter referred to as the Provincial People's Committee), advising and assisting the same-level People's Committee in performing state management functions regarding legislative work, inspection and handling of legislative documents, popularizing and educating about laws, civil enforcement, notarization, certification, household registration, nationality, foreign-related adoption, criminal record, lawyers, legal consultation, legal aid, forensic examination, grassroots mediation, public auction of assets, commercial arbitration, and other judicial works as prescribed by law; implementing certain tasks and authorities in the field of judicial work according to the delegation of the Provincial People's Committee.

The Department of Justice is subject to the direction and management of organizational structure, staffing, and personnel work by the Provincial People's Committee, while also being subject to professional and technical guidance by the Ministry of Justice.

2. Tasks and Authorities

2.1. Submitting to the Provincial People's Committee long-term, five-year, and annual programs and plans in its area of management that are consistent with the overall socio-economic development plan of the locality and organizing their implementation after approval;

2.2. Regarding legislative work:

a) Coordinating with the Office of the Provincial People's Committee to submit to the Provincial People's Committee for approval and adjustment of the program for legislative work of the Provincial People's Committee;

b) Submitting to the Provincial People's Committee for issuance of decisions and directives on managing judicial work at the local level as prescribed by law and delegated by the Government;

c) Participating in drafting legislative draft documents prepared by other specialized agencies of the Provincial People's Committee as assigned by the Provincial People's Committee;

d) Reviewing and assuming responsibility before the Provincial People's Committee for the content of reviews of legislative draft documents issued by the People's Council and the Provincial People's Committee as prescribed by law;

đ) Organizing the review and systematization of legislative documents of the People's Council and the Provincial People's Committee;

e) Organizing the solicitation of public opinion on legislative projects and draft documents as directed by the Provincial People's Committee and the Ministry of Justice;

2.3. Regarding inspection of legislative documents:

a) Assisting the Provincial People's Committee in self-inspection of documents issued by the Provincial People's Committee;

b) Inspecting legislative documents of the People's Council and District People's Committee; guiding the District People's Committee in inspecting legislative documents of the People's Council and Commune People's Committee as prescribed by law;

c) Submitting to the Chairman of the Provincial People's Committee for decision on measures to handle illegal documents as prescribed by law;

2.4. Regarding popularization and education on laws:

a) Drafting and submitting to the Provincial People's Committee for approval long-term and annual plans for popularizing and educating about laws in the locality and organizing their implementation after approval;

b) Serving as the Secretariat of the Provincial Coordination Council for Popularizing and Educating About Laws;

c) Compiling and distributing materials serving the popularization and education about laws in the locality as assigned by the Provincial People's Committee;

d) Statistics and organizing activities to build a team of legal lecturers in the locality;

đ) Guiding and inspecting the establishment, management, and utilization of legal bookcases in communes, wards, towns, and other units in the locality as prescribed by law;

e) Leading and coordinating with the Department of Culture, Sports, and Tourism to assist the Provincial People's Committee in guiding the formulation of village regulations and community rules in accordance with the law and local realities.

2.5. Directing, guiding, and inspecting professional and technical work of the legal departments of specialized agencies under the Provincial People's Committee and state-owned enterprises in the locality;

2.6. Guiding and inspecting grassroots mediation within the local jurisdiction as prescribed by law;

2.7. Managing state affairs concerning the organization and operation of Notary Offices under the Department in accordance with the law; guiding and inspecting professional and technical work of certification by the District People's Committee and Commune People's Committee within the local jurisdiction;

2.8. Assisting the Provincial People's Committee in managing state affairs concerning civil enforcement within the local jurisdiction as prescribed by law; implementing certain tasks regarding the management of organization and staff of civil enforcement agencies in the locality according to the delegation of the Minister of Justice;

2.9. Regarding household registration, nationality, foreign-related adoption, and criminal records:

a) Guiding and inspecting household registration work in the locality;

b) Being responsible for handling matters related to household registration, nationality, and foreign-related adoption according to the law and directives of the Provincial People's Committee;

c) Issuing Criminal Record Certificates and assuming responsibility for updating the content of such certificates as prescribed by law;

2.10. Regarding lawyer management and legal consultation activities:

a) Submitting to the Provincial People's Committee for decision on allowing the establishment, reorganization, or dissolution of Bar Associations;

b) Issue, revoke the Registration Certificate for the operation of Law Offices, Partnership Law Firms, Branches of Law Offices, Branches of Partnership Law Firms, Legal Consultation Centers; provide the Legal Consultant Certificate in accordance with the provisions of the law;

c) Implement registration of operations, registration of changes to the contents of the license for foreign lawyer practice organizations in Vietnam; registration of operations of branches of foreign partnership law firms in Vietnam;

d) Provide information on the registration of operations of Vietnamese lawyer practice organizations and foreign lawyer practice organizations in Vietnam to state agencies, organizations, and individuals upon request in accordance with the provisions of the law;

đ) Monitor the hiring of foreign lawyers, Vietnamese lawyers, cooperation in practice, the acceptance of Vietnamese trainee lawyers by foreign lawyer practice organizations in Vietnam, the hiring and activities of foreign lawyers at Vietnamese Law Offices and Partnership Law Firms;

e) Organize training for legal consultants on legal advisory skills;

g) Assist provincial People's Committees in inspecting the activities of Bar Associations, Vietnamese lawyer practice organizations, foreign lawyer practice organizations in Vietnam, and Legal Consultation Centers within their jurisdiction;

2.11. Assist provincial People's Committees in managing state affairs and directly organize some legal aid activities for the poor and policy beneficiaries in the locality in accordance with the provisions of the law;

2.12. Assist provincial People's Committees in managing state affairs regarding judicial appraisal work, public auction of assets, commercial arbitration within the local area in accordance with the provisions of the law;

2.13. Develop and submit to provincial People's Committees programs for administrative reform in the field of justice and organize the implementation of such programs;

2.14. Conduct inspections and checks on the enforcement of laws in the field of justice under the management of the Department; handle complaints, denunciations, anti-corruption, and waste in accordance with the provisions of the law or assignments from provincial People's Committees;

2.15. Implement international cooperation in the field of justice under the management of the Department in accordance with the provisions of the law, assignments, or delegations from provincial People's Committees;

2.16. Organize research, application of technological advancements, construction of information systems, and storage services for state management in the field of justice;

2.17. Carry out information and regular and ad hoc reporting on the implementation of tasks in assigned fields of work in accordance with the regulations of provincial People's Committees and the Ministry of Justice;

2.18. Manage organizational structure, cadres, civil servants, officials, and employees of the Department; organize training and upgrading of cadres, civil servants, and officials engaged in local justice work in accordance with the provisions of the law;

2.19. Manage the financial and asset resources of the Department in accordance with the law and the delegation of provincial People's Committees;

2.20. Perform other tasks assigned by provincial People's Committees;

3. Organization and staffing:

3.1. Leadership of the Department:

The Department of Justice has a Director and not more than three Deputy Directors.

The Director of the Department of Justice is responsible before the Chairman of the provincial People's Committee and the law for all activities of the Department; Deputy Directors are responsible before the Director and the law for the areas of work they are assigned.

The appointment of the Director and Deputy Directors of the Department of Justice is decided by the Chairman of the provincial People's Committee based on professional standards set by the Ministry of Justice and national regulations on cadre management.

Rewards, dismissals, and disciplinary actions against the Director and Deputy Directors of the Department are carried out in accordance with the law.

3.2. Organizational structure of the Department of Justice:

a) Organizations assisting the Director of the Department:

- Office;

- Inspection;

- Specialized and professional departments.

Based on the volume of work, nature, and specific characteristics of local justice management, the Director of the Department of Justice collaborates with the Director of the Department of Home Affairs to submit to the Chairman of the provincial People's Committee for decisions on the names and number of specialized and professional departments to cover all areas under the Department's jurisdiction but not exceeding four specialized and professional departments (for Departments under the People's Committees of Hanoi and Ho Chi Minh City, this limit is five).

b) Units subordinate to the Department:

- Notarization Departments;

- Public Service Units.

Subordinate units of the Department are established by the provincial People's Committee according to the law.

3.3. Staffing.

3.3.1. Based on the volume, nature, and specific characteristics of provincial justice work, the Director of the Department of Justice collaborates with the Director of the Department of Home Affairs to submit to the Chairman of the provincial People's Committee for decisions on the staffing of the Department of Justice.

3.3.2. The allocation of cadres, civil servants, and officials in the Department must be based on job titles, standards, and the structure of civil service and official positions as prescribed.

II. DEPARTMENT OF JUSTICE

1. Position and functions:

The Department of Justice is a specialized agency under the People's Committee of districts, cities under provinces (hereinafter referred to collectively as the People's Committee of districts), providing advice and assistance to the same-level People's Committee in performing state management functions related to the construction of normative legal documents, inspection of normative legal documents, dissemination and education of the law, civil execution, certification, household registration, legal aid, grassroots mediation, and other justice-related work as stipulated by law; implementing certain tasks and powers in the field of justice according to the delegation of the district People's Committee.

The Department of Justice is subject to comprehensive and direct management by the district People's Committee, while also being guided, directed, and inspected on professional matters by the Department of Justice.

2. Duties and authorities:

2.1. Regarding the work of constructing normative legal documents:

a) Submit to the district People's Committee for issuance of documents to organize the implementation of policies, systems, and laws on the management of justice work in the district;

b) Review and take responsibility before the district People's Committee for the content of reviews of draft normative legal documents issued by the People's Council and the district People's Committee in accordance with the law;

c) Organize to solicit public opinions on draft laws and ordinances according to the directives of the People's Committee at the district level and the guidance of the Department of Justice;

d) Review and systematize normative legal documents issued by the People's Council and the People's Committee at the district level;

2.2. Regarding inspection of normative legal documents:

a) Assist the People's Committee at the district level in self-inspection of documents issued by the People's Committee at the district level; guide the People's Committee at the commune level to implement self-inspection of normative legal documents;

b) Conduct inspections of normative legal documents of the People's Council and the People's Committee at the commune level as prescribed by law; submit to the Chairman of the People's Committee at the district level for decision on measures to handle unlawful documents as prescribed by law.

2.3. Regarding popularization and legal education:

a) Draft and submit to the People's Committee at the district level the annual plan for popularizing and educating the law in the locality; organize the implementation of such plan after approval;

b) Guide and inspect the construction, management, and utilization of legal bookcases in communes, wards, towns, and other local agencies and units as prescribed by law;

c) Serve as the permanent body of the Coordination Council for Popularizing and Educating the Law at the district level;

d) Examine draft village regulations before submitting to the Chairman of the People's Committee at the district level for approval;

2.4. Organize the implementation of provisions on mediation work on the territory according to the directives of the superior judicial authority and the People's Committee at the district level; organize training on mediation skills in the locality according to the guidance of the superior judicial authority;

2.5. Assist the People's Committee at the district level in managing state administration regarding civil enforcement work in the locality as prescribed by law;

2.6. Guide and inspect the notarization activities of the People's Committee at the commune level; perform notarization of certain matters pursuant to the delegation of the Chairman of the People's Committee at the district level as prescribed by law;

2.7. Guide and inspect the registration and management of household registration; manage household registration books and forms as prescribed by law;

2.8. Provide legal aid to the poor and policy beneficiaries as prescribed by law;

2.9. Direct, guide, and inspect specialized professional work on judicial affairs at the commune level;

2.10. Implement information and regular and ad hoc reporting on the situation of assigned tasks according to the regulations of the People's Committee at the district level and the Department of Justice;

2.11. Perform other tasks as prescribed by law or assigned by the People's Committee at the district level;

3. Organization and staffing.

3.1. The Legal Office includes the Director, Deputy Director, and professional civil servants.

The appointment of the Director and Deputy Director is decided by the Chairman of the People's Committee at the district level according to the position standards set by the People's Committee at the provincial level.

3.2. The staffing of the Legal Office is decided by the Chairman of the People's Committee at the district level within the total administrative staffing of the district allocated by the Chairman of the People's Committee at the provincial level.

III. ON THE ORGANIZATION AND IMPLEMENTATION OF JUDICIAL WORK IN COMMUNES, WARD, AND TOWNS

1. The holder of the position of Judicial and Household Registration Civil Servant at the commune level performs professional duties under the commune-level People's Committee (hereinafter referred to as the commune-level People's Committee), responsible for assisting the commune-level People's Committee in managing state administration over judicial work within the local area.

The standards, systems, and policies for Judicial and Household Registration Civil Servants at the commune level are implemented according to Decree No. 114/2003/ND-CP dated October 10, 2003 of the Government on cadres and civil servants in communes, wards, and towns, Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government on the system and policies for cadres and civil servants in communes, wards, and towns, and Decision No. 04/2004/QD-BNV dated January 16, 2004 of the Minister of Home Affairs on the issuance of specific standards for cadres and civil servants in communes, wards, and towns.

2. The Judicial and Household Registration Civil Servant shall perform the following tasks and powers:

2.1. Submit to the commune-level People's Committee for issuance of documents on judicial work in the locality; organize to solicit public opinions on draft laws and ordinances according to the guidance of the People's Committee at the district level and the directives of the commune-level People's Committee;

2.2. Assist the commune-level People's Committee in self-inspection of decisions and directives issued by the commune-level People's Committee;

2.3. Draft plans for popularizing and educating the law in the locality and submit to the commune-level People's Committee; organize the implementation of such plans after approval;

2.4. Assist the commune-level People's Committee in directing and guiding the construction of village regulations and customs in accordance with current laws and the policies of the Party and State;

2.5. Guide the activities of mediation teams; provide materials and training for members of mediation teams in the locality according to the guidance of the superior judicial authority; submit to the Chairman of the commune-level People's Committee for consideration and decision on the removal of mediation team members;

2.6. Implement legal aid for the poor and policy beneficiaries as prescribed by law;

2.7. Directly manage the utilization of legal bookcases in communes, wards, and towns; organize cooperation in utilizing and exchanging between legal bookcases in communes, wards, and towns with other organizations and units;

2.8. Assist the Chairman of the commune-level People's Committee in urging the execution of judgments according to the guidance of the county-level enforcement agency and perform administrative and financial work in urging the execution of judgments;

2.9. Implement registration and management of household registration in the locality; perform certain matters related to nationality within the scope of authority as prescribed by law;

2.10. Assist the Chairman of the commune-level People's Committee in notarizing the signatures of Vietnamese citizens in documents for civil transactions within the country; notarize wills, declarations of renunciation of inheritance, and other matters as prescribed by law;

2.11. Report regularly and ad hoc on the situation of task implementation in assigned fields to the commune-level People's Committee and the Legal Office;

2.12. Perform other tasks assigned by the commune-level People's Committee.

3. To coordinate the implementation of the tasks and powers set forth in Clause 2, Section III of this Circular, the People's Committee at the commune level shall establish a Legal Affairs Board consisting of a Chairperson to be held by the Chairman or a Vice-Chairman of the People's Committee at the commune level, the Legal and Household Registration civil servant, and other part-time members appointed by the People's Committee at the commune level.

IV. IMPLEMENTATION

This Circular takes effect fifteen days from the date of publication in the Official Gazette, replacing Circular Jointly Issued No. 12/TTLB dated July 26, 1993, issued by the Ministry of Justice - Organization and Civil Service Department of the Government (now the Ministry of Home Affairs) guiding the functions, tasks, powers, and organization of local judicial agencies.

Based on the guidance provided in this Circular, the Director of the Department of Justice shall cooperate with the Director of the Department of Home Affairs to submit to the People's Committee at the provincial level regulations concerning the organization and operation of local judicial agencies.

During the process of implementation, if there are difficulties, obstacles, or suggestions for supplementation or amendment to this Circular, it is requested that localities reflect these issues to the Ministry of Justice and the Ministry of Home Affairs for consideration and guidance on implementation./.