Decision No. 07/2004/QD-BKHCN Issuing the Regulation on Organization and Operation of the Legal Affairs Department

Pursuant to …;

Issuing the Regulation on the Organization and Operation of the Legal Affairs Department

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THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Pursuant to Decree No. 94/CP dated September 6, 1997 of the Government on the organization of legal affairs departments at Ministries, agencies equivalent to ministries, and government agencies;

Considering the proposals of the Heads of the Legal Affairs Department and the Department of Personnel and Organization;

DECISION:

Article 1. This Decision promulgates the Regulation on the Organization and Operation of the Legal Affairs Department under the Ministry of Science and Technology.

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette and replaces Decision No. 2206/1998/QĐ-BKHCNMT dated November 16, 1998 of the Minister of Science, Technology and Environment (now the Ministry of Science and Technology) promulgating the Charter on the Organization and Operation of the Legal Affairs Department.

Article 3. The Heads of the Office, the Heads of the Department of Personnel and Organization, the Head of the Legal Affairs Department, and the Heads of related units shall be responsible for implementing this Decision.

REGULATIONS

Issuing the Regulation on the Organization and Operation of the Legal Affairs Department

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(Issued together with Decision No. 07/2004/QĐ-BKHCN

dated April 29, 2004 of the Minister of Science and Technology

PART I

FUNCTIONS, TASKS, AND POWERS

Article 1. The Legal Affairs Department is a unit directly under the Ministry of Science and Technology, with the function of assisting the Minister in managing state affairs by law in the fields of science and technology; organizing the implementation of legislative work, legal review, scrutiny, systematization of regulatory legal documents, and dissemination of laws on science and technology.

Article 2The Legal Affairs Department has the following main tasks and powers:

1. In legislative work and systematization of regulatory legal documents

a. Taking the lead in coordinating with relevant units to draft the annual and long-term program for the development of regulatory legal documents of the Ministry, submitting it to the Minister for approval and organizing its implementation thereafter;

b. Taking the lead in drafting or participating in the drafting of regulatory legal document drafts according to the assignment of the Minister;

c. Conducting legal review of regulatory legal document drafts and international treaties drafted by subordinate units of the Ministry and submitted to the Minister for signing and issuance or for submission to competent authorities for decision;

d. Taking the lead in coordinating with relevant units to prepare files on regulatory legal document drafts for the Minister to seek opinions from organizations and agencies, requesting the Ministry of Justice to conduct a legal review, and submitting them to the Government or the Prime Minister;

đ. Taking the lead in organizing the provision of comments on regulatory legal document drafts sent by the Government, the Prime Minister, or other Ministries, sectors, and localities for solicitation of opinions;

e. Taking the lead in coordinating with units within the Ministry to organize periodic systematization of regulatory legal documents on scientific and technological activities, and presenting to the Minister plans for handling the results of such systematization;

2. In the dissemination and interpretation of laws on science and technology

a. Taking the lead in coordinating with relevant units to guide provincial Departments of Science and Technology and science and technology management agencies under Ministries and sectors, as well as science and technology organizations at all levels, in developing annual plans for the dissemination of laws on science and technology;

b. Drafting the annual and long-term programs for the dissemination of laws on science and technology of the Ministry, submitting them to the Minister for consideration and decision, and taking the lead in their implementation;

c. Coordinating with relevant units within the Ministry to organize training in legal affairs and knowledge of laws on science and technology for staff of subordinate units of the Ministry and provincial Departments of Science and Technology;

d. Providing legal advice on science and technology laws to enterprises, organizations, and individuals upon request.

3. In the scrutiny and inspection of regulatory legal documents

a. Taking the lead in coordinating with relevant units to assist the Minister in organizing the scrutiny and inspection of regulatory legal documents issued by Ministries, agencies equivalent to ministries, government agencies, People's Councils, and Provincial People's Committees that contain provisions on state management in the field of science and technology;

b. Taking the lead in coordinating with relevant units under the Ministry to propose to the Minister regarding:

Requesting the Government to suspend the enforcement of resolutions of provincial People's Councils and municipal People's Councils directly under the central government that contravene national regulatory legal documents on science and technology, including those of the Ministry of Science and Technology;

Requesting the Minister, the Heads of agencies equivalent to ministries, and the Heads of government agencies to suspend the enforcement or revoke regulations issued by these agencies that contravene national regulatory legal documents on science and technology, including those of the Ministry of Science and Technology;

Requesting the Prime Minister to revoke regulations issued by People's Committees and Chairpersons of People's Committees of provinces and municipalities directly under the central government that contravene national regulatory legal documents, including those of the Ministry of Science and Technology.

Scrutinizing and proposing solutions for handling regulatory legal documents issued by the Ministry of Science and Technology when their contents are no longer appropriate to reality or have been changed by related regulatory legal documents issued by higher-level state agencies.

4. Handling legal issues arising in state management activities

a. Participating in providing opinions to handle legal issues arising in state management activities in the field of science and technology when requested by the leadership of the Ministry or subordinate units;

b. Participating in providing opinions on the handling of violations of laws and resolving disputes arising in the field of science and technology.

5. In other tasks

a. Managing personnel, assets, and documents of the Department according to the分级任务，我会逐条翻译这些内容。以下是第一条的翻译：

b. Carry out other tasks assigned by the Minister.

Chapter II

ORGANIZATIONAL STRUCTURE

Article 3The Legal Department organizes and operates under a head system combined with collective discussion.

The Head of the Legal Department is responsible to the Minister for the entire organization and operation of the Department.

The Deputy Heads assist the Head of the Department, perform tasks as delegated by the Head, and are responsible to the Head for the portion of work they oversee.

In the absence of the Director, a Deputy Director authorized to represent the Director shall lead and manage the activities of the Department.

Article 4. The Legal Department implements a system where specialists work directly with the Department's leadership. When necessary, the Director may establish working groups according to the requirements of the tasks and specify the duties of these working groups.

Chapter III

WORK RELATIONSHIPS

Article 5. The Director of the Legal Department oversees all activities of the Department based on the Charter of Organization and Operation of the Legal Department.

Article 6The Director of the Legal Department carries out the working system and operational relationships with the heads of units under the Ministry in accordance with the Ministry's working regulations and other provisions issued by the Minister.

Article 7. The Legal Department is responsible for closely collaborating with units of the Ministry of Justice, legal organizations of ministries and sectors, science and technology departments of localities, and other related agencies and organizations in performing assigned tasks.

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. The Director of the Legal Department coordinates with the Director of the Cadre and Civil Service Organization Department to implement this Charter.

Article 9Any amendments or supplements to this Charter shall be proposed by the Director of the Legal Department in coordination with the Director of the Cadre and Civil Service Organization Department for consideration and decision by the Minister of Science and Technology./.