Circular No. 07/2005/TT-BTP guiding the implementation of certain provisions of Government Decree No. 122/2004/NĐ-CP dated May 18, 2004 stipulating the functions, tasks, powers, and organization of legal affairs units in Ministries, agencies at the ministerial level, government agencies, specialized agencies under provincial People's Committees directly under the Central Government, and state-owned enterprises.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 122/2004/NĐ-CP

dated May 18, 2004 of the Government on Functions, Tasks, Authorities, and Legal System Organization in Ministries, Ministerial-Level Agencies, Governmental Agencies, Specialized Agencies under Provincial People's Committees, and State-Owned Enterprises

under Central Government Administration

and State-Owned Enterprises

_________________________________

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Justice.

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government on the Functions, Tasks, Authorities, and Legal System Organization in Ministries, Ministerial-Level Agencies, Governmental Agencies, Specialized Agencies under Provincial People's Committees, and State-Owned Enterprises (hereinafter referred to as Decree No. 122/2004/NĐ-CP);

The Ministry of Justice issues guidelines for certain provisions of Decree No. 122/2004/NĐ-CP regarding the business operations of legal system organizations as follows:

Part I

Business operations of legal system organizations in Ministries, Ministerial-Level Agencies, Governmental Agencies,

specialized agencies under provincial people's committees under central government administration

I. Legislative Work

1. Legal system organizations in Ministries, Ministerial-Level Agencies

1.1. Drafting legislative program:

a) In accordance with the annual plan or the term of the National Assembly, legal system organizations in Ministries, Ministerial-Level Agencies have the responsibility to request in writing from units within the agency for these units to propose the issuance of regulatory legal documents within the scope of state management of Ministries, Ministerial-Level Agencies.

b) Proposals must clearly state the necessity of issuance; the target group, scope of regulation, key viewpoints, and main contents of the document; economic and social impact forecast; proposed conditions for implementation; proposed time frame and progress schedule for submitting the document; plans and other necessary conditions to ensure drafting;

c) Units under Ministries, Ministerial-Level Agencies have the responsibility to send proposals for issuing regulatory legal documents to legal system organizations in Ministries, Ministerial-Level Agencies no later than June 30 each year for the annual legislative program; before June 30 of the final year of the National Assembly term for the legislative program according to the term of the National Assembly;

d) Legal system organizations consolidate and evaluate proposals from units, based on which they draft the legislative program of the agency annually or according to the term of the National Assembly; discuss with units within the Ministry to perfect the legislative program and submit it to the Minister or Head of the Ministerial-Level Agency;

đ) When the legislative program is approved, legal system organizations in Ministries, Ministerial-Level Agencies propose to the leadership of Ministries, Ministerial-Level Agencies plans for implementation; monitor and urge units to implement the plan;

e) Regularly monthly, quarterly, semi-annually, annually, or at the request of competent state authorities, legal system organizations report to the leadership of Ministries, Ministerial-Level Agencies on the implementation of the legislative program, difficulties and obstacles arising during implementation, new issues emerging from practice, and promptly propose to the leadership of Ministries, Ministerial-Level Agencies amendments, supplements, or new issuance of regulatory legal documents.

1.2. Taking the lead or participating in drafting regulatory legal documents:

a) For projects or drafts of regulatory legal documents assigned to take the lead in drafting, legal system organizations in Ministries, Ministerial-Level Agencies have the responsibility to develop an implementation plan, propose the establishment of a drafting team, and an editing group;

b) For projects or drafts of regulatory legal documents assigned to other units within the agency to take the lead in drafting, legal system organizations in Ministries, Ministerial-Level Agencies have the responsibility to coordinate and assign staff to participate directly.

1.3. Reviewing or providing legal opinions on drafts prepared by other units within the agency:

a) Legal system organizations in Ministries, Ministerial-Level Agencies have the responsibility to review or provide legal opinions on drafts prepared by other units before submission to the Minister or Head of the Ministerial-Level Agency;

b) Units taking the lead in drafting have the responsibility to provide the draft document, draft Memorandum, comments from other units, ministries, sectors, localities (if any), and reference materials (if any);

c) The review or provision of legal opinions on draft documents must focus on the following issues:

- The necessity of issuing the document;

- The consistency of the content of the document with Party policies, constitutionality, legality, and the unity of the document within the legal system;

- The target group and scope of regulation of the document;

- The structure of the document;

- The feasibility of the document;

- Compliance with drafting procedures and processes;

- Legislative techniques.

1.4. Taking the lead or coordinating with relevant units to prepare files for regulatory legal document drafts submitted to the Ministry of Justice for review and to the Government, Prime Minister for approval. The review file is implemented in accordance with the law on reviewing regulatory legal documents.

1.5. Taking the lead or participating in providing opinions on regulatory legal document drafts sent by other Ministries, Ministerial-Level Agencies, or localities for comments:

a) When assigned to lead the preparation of comment documents, legal system organizations in Ministries, Ministerial-Level Agencies have the responsibility to provide comments within the deadline; if the document sent for comments involves different units within Ministries, Ministerial-Level Agencies or involves other agencies, then legal system organizations in Ministries, Ministerial-Level Agencies organize meetings to discuss the issue;

b) When other units are assigned to lead the preparation of comment documents, legal system organizations in Ministries, Ministerial-Level Agencies have the responsibility to provide comments.

1.6. Coordinating with related units to propose to the leadership of Ministries, Ministerial-Level Agencies negotiations, signing, accession, ratification, amendment, and supplementation of international treaties in areas managed by Ministries, Ministerial-Level Agencies.

2. Legal system organizations in governmental agencies

2.1. The legal system organization of government agencies shall perform certain state management tasks and powers over sectors and fields under their main responsibility or participation in legislative work in accordance with the guidance provided in Clause 1, Section I, Part I of this Circular.

2.2. The legal system organization of government agencies shall carry out public service activities under their main responsibility or participation in legislative work in accordance with the guidance provided in Clause 1.5, Section I, Part I of this Circular.

3. Legal system organizations of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government

3.1. Advise leadership to propose and recommend to provincial People's Committees and municipal People's Committees directly under the Central Government to issue normative legal documents.

Proposals and recommendations for issuing normative legal documents must clearly specify the contents stipulated in Point b, Clause 1.1, Section I, Part I of this Circular.

3.2. When assigned to draft normative legal documents, the legal system organization shall study, survey, summarize, and evaluate the implementation of related normative legal documents, and on that basis, prepare draft normative legal documents to submit to the head of the specialized agency.

During the process, the legal system organization shall be responsible for coordinating with relevant units.

3.3. For projects or draft normative legal documents prepared by other units under provincial People's Committees and municipal People's Committees directly under the Central Government which relate to areas under its own responsibility, the legal system organization shall be responsible for coordinating and assigning staff to participate directly.

3.4. Provide legal opinions on draft normative legal documents prepared by other units within the specialized agency before submitting them to the head of the specialized agency.

3.5. Assist the head of the specialized agency in providing opinions on draft normative legal documents sent for comments by other agencies:

a) When the legal system organization of the specialized agency is assigned to primarily prepare comments, it shall be responsible for studying and coordinating with relevant units within the specialized agency to prepare comments in accordance with the deadline required by the specialized agency;

b) When another unit within the specialized agency is assigned to primarily prepare comments, the legal system organization of the specialized agency shall be responsible for coordinating in preparing the comments;

c) In cases where the content of the comments involves different units within the specialized agency or other agencies, the legal system organization of the specialized agency has the right to request the unit assigned to prepare comments to participate or to request the head of the specialized agency to organize meetings involving relevant agencies to discuss related issues.

3.6. Serve as the focal point to assist the head of the specialized agency in preparing proposals to competent state agencies regarding the issuance, amendment, or supplementation of normative legal documents.

II. Review and Systematization of Normative Legal Documents

1. Legal system organizations of Ministries, ministerial-level agencies, and agencies under the Government.

1.1. Organize reviews and systematizations of normative legal documents that the agency is responsible for implementing or organizing according to the provisions of the Decree on the functions, tasks, and powers of the Ministry, ministerial-level agency, or agency under the Government, specifically:

a) Develop plans for review, guide review procedures, and assist the leadership of the Ministry, ministerial-level agency, or agency under the Government in supervising and inspecting the review activities of units within the agency;

b) Update new normative legal documents related to the agency's operations;

c) Based on the tasks and powers of each unit within the Ministry, ministerial-level agency, or agency under the Government, propose to the leadership of the Ministry, ministerial-level agency, or agency under the Government to determine the areas of normative legal documents that need to be reviewed by each unit;

d) Directly review normative legal documents assigned by the leadership of the Ministry, ministerial-level agency, or agency under the Government;

đ) Organize meetings and scientific seminars on reviewing and systematizing normative legal documents related to the sector or field of the agency;

e) Summarize and submit to the Minister, Head of the ministerial-level agency, or Head of the agency under the Government the handling options for the results of the review as specified in Point b, Clause 2, Article 3 and Point b, Clause 2, Article 4 of Decree No. 122/2004/ND-CP.

1.2. Prepare and submit to the Minister, Head of the ministerial-level agency, or Head of the agency under the Government opinions for completing sets of systematized normative legal documents related to the fields sent for comments by other agencies.

1.3. Be subject to the direction and guidance of the Ministry of Justice on review and systematization procedures for normative legal documents; coordinate with the Ministry of Justice in building comprehensive collections and compilations of normative legal documents.

In the review and systematization of normative legal documents, the legal system organization shall be responsible for comparing documents with the Party's guidelines and policies, the current Constitution and laws, and commitments in international treaties to which Vietnam is a party.

1.4. Implement the review and systematization of international treaties to which Vietnam is a party in the fields managed by the Ministry, ministerial-level agency, or agency under the Government.

2. Legal system organizations of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government.

2.1. Regularly and periodically organize the review and systematization of normative legal documents related to the specialized management fields of the specialized agency; update normative legal documents related to the specialized management activities of the specialized agency, summarize, and submit to the head of the specialized agency the results of the review and handling options for the results of the review of normative legal documents.

2.2. Prepare and submit to the head of the specialized agency opinions for completing sets of systematized normative legal documents related to the specialized management fields.

2.3. Be subject to the direction and guidance of the Department of Justice on review and systematization procedures for normative legal documents; coordinate with relevant units of the Department of Justice in building comprehensive collections and compilations of normative legal documents.

III. Inspection of Normative Legal Documents

The legal affairs organization of the Ministry, the equivalent ministry-level agency, the specialized agency under the People's Committee of a province or centrally governed city shall assist the Minister, head of an equivalent ministry-level agency, head of a specialized agency under the People's Committee of a province or centrally governed city to implement tasks and powers regarding the inspection of documents as prescribed in Decree No. 135/2003/ND-CP dated November 14, 2003 of the Government on inspecting and handling normative legal documents, Decree No. 122/2004/ND-CP, and Circular No. 01/2004/TT-BTP dated June 16, 2004 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 135/2003/ND-CP, specifically as follows:

1. Legal system organizations in Ministries, Ministerial-Level Agencies

1.1. Assist the Minister, head of an equivalent ministry-level agency in implementing state management tasks and powers related to the inspection of documents within their respective ministries and sectors:

a) Draft and submit to the Minister, head of an equivalent ministry-level agency documents concerning the inspection of documents for submission to the competent authority for issuance or issuance within their jurisdiction according to their authority.

b) Develop plans for inspecting documents within the inspection authority of the Minister, head of an equivalent ministry-level agency, and organize their implementation after approval by the leadership of the agency.

c) Exchange professional knowledge on document inspection with the Department of Normative Legal Document Inspection under the Ministry of Justice, legal affairs organizations of ministries, equivalent ministry-level agencies, and government agencies.

d) Conduct scientific research on document inspection.

đ) Provide professional training on document inspection for the cadre and civil servants involved in document inspection within the ministry or equivalent ministry-level agency.

e) Establish and manage a team of cooperating inspectors for document inspection under the management of the ministry or equivalent ministry-level agency.

g) Organize information networks, develop and manage databases serving the inspection of documents within the scope of authority of the ministry or equivalent ministry-level agency; review normative legal documents of the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister that pertain to the scope of state management of the ministry or sector, and normative legal documents issued by the Minister, head of an equivalent ministry-level agency or jointly issued to establish a legal basis for document inspection; coordinate with the Department of Normative Legal Document Inspection under the Ministry of Justice to compile the results of reviews to build a common database serving document inspection and handling.

h) Propose to the Minister, head of an equivalent ministry-level agency to conduct mid-term and final evaluations, organize industry-specific competitions on document inspection work, commendation, disciplinary actions, and address complaints and denunciations regarding document inspection within their authority.

i) Prepare semi-annual, annual, or ad hoc reports on document inspection work for submission to the Minister, head of an equivalent ministry-level agency for signature and forwarding to the Prime Minister and the Ministry of Justice.

1.2. Assist the Minister, head of an equivalent ministry-level agency in inspecting and handling documents within their authority.

a) Take the lead and coordinate with the Department of Normative Legal Document Inspection under the Ministry of Justice, the Law Building Board under the Government Office, legal affairs organizations of ministries, equivalent ministry-level agencies, and government agencies in inspecting documents issued by ministries, equivalent ministry-level agencies, government agencies, provincial People's Councils, and provincial People's Committees within the inspection authority of the Minister, head of an equivalent ministry-level agency.

b) Serve as the focal point to assist the Minister, head of an equivalent ministry-level agency in self-inspecting documents issued by the Minister, head of an equivalent ministry-level agency or jointly issued.

- Lead in developing plans for self-inspection of documents and organizing their implementation after approval by the Minister, head of an equivalent ministry-level agency.

- Directly carry out self-inspection or coordinate with units under the ministry or equivalent ministry-level agency to self-inspect documents according to the division of labor by the Minister, head of an equivalent ministry-level agency.

- Coordinate with other units within the ministry or equivalent ministry-level agency in reviewing and proposing measures to handle documents containing illegal content.

- Urge, monitor self-inspection of documents; compile and report the results of self-inspection to the Minister, head of an equivalent ministry-level agency.

c) Lead and coordinate with units under the ministry or equivalent ministry-level agency to inspect documents containing legal norms issued by the Minister, head of an equivalent ministry-level agency but not issued in the form of normative legal documents, and documents containing legal norms issued by units or individuals under the ministry or equivalent ministry-level agency when requested, suggested, or complained about by agencies, organizations, mass media, and individuals.

2. Legal affairs organization of government agencies.

2.1. Assist the head of a government agency in implementing state management tasks and powers related to document inspection and inspecting and handling documents as guided in Clause 1.1 and Point a Clause 1.2, Section III, Part I of this Circular.

2.2. Coordinate with the legal affairs organization of the ministry whose Minister has been assigned by the Prime Minister to sign and issue documents of the government agency to carry out self-inspection of documents.

2.3. Lead and coordinate with units under the government agency to inspect documents containing legal norms issued by the head of a government agency, units, or individuals under the government agency when requested, suggested, or complained about by agencies, organizations, mass media, and individuals.

3. Legal affairs organization of specialized agencies under the People's Committee of a province or centrally governed city.

3.1. Assist the head of a specialized agency in coordinating with the Department of Justice to develop and implement plans for inspecting documents at the local level.

3.2. Coordinate with relevant units of the Department of Justice to inspect documents issued by the People's Council, district People's Committee at the local level related to the management sector of their own agency.

3.3. Assist the head of the specialized agency in self-inspecting documents issued by the head of the specialized agency when there are requests, recommendations, complaints from agencies, organizations, mass media organizations, or individuals, or documents issued by the People's Council, People's Committee of the province related to the sector or field under the management of their own agency, according to the division of work by the People's Committee.

3.4. Exchange professional inspection activities of documents with relevant units of the Department of Justice and other legal institutions belonging to specialized agencies of the provincial People's Committee.

3.5. Coordinate and create conditions for agencies inspecting documents to inspect according to their authority.

3.6. Assist the head of the specialized agency in coordinating with the Department of Justice to review documents issued by the People's Council, People's Committee of the province related to the sector or field under the management of their own agency, and organize information networks, build databases to serve the inspection of documents at the local level.

3.7. Prepare semi-annual, annual reports or ad hoc reports upon request regarding the inspection of documents to be submitted by the head of the specialized agency to the Chairman of the Provincial People's Committee and sent to the Director of the Department of Justice.

3.8. Legal affairs organization of the specialized agency under the provincial people's committee directly under the central government shall implement inspection tasks, identify and report incorrect contents of documents to competent authorities in accordance with Circular No. 01/2004/TT-BTP.

IV. Popularization, education on laws, and inspection of law enforcement.

1. Legal affairs organization of ministries, ministerial-level agencies, and agencies under the Government.

1.1. Popularization and education on laws:

a) Based on the popularization and education on laws program for each phase by the Government, requirements, tasks of the ministry, ministerial-level agency, agency under the Government, and the information needs on laws of cadres and civil servants in the entire sector, develop annual and long-term plans for popularizing and educating laws to be submitted to the leadership of the ministry, ministerial-level agency, agency under the Government.

b) Develop and implement plans for popularizing and educating laws to cadres and civil servants within the agency. For normative legal documents with wide-ranging implementation objects, coordinate with the Ministry of Justice and relevant agencies to disseminate to cadres and civil servants in the sector and various strata of the population through appropriate forms.

c) Take the lead and coordinate with units within the agency to implement popularization and education on laws within the ministry or sector; direct, guide, and inspect the popularization and education on laws of units within the agency at the local level.

d) Take the lead or coordinate with relevant units within the agency and the Ministry of Justice to implement legal information dissemination activities, popularization, and education on laws for cadres and civil servants in units within the agency, specifically:

- Compiling legal popularization materials

- Training on normative legal documents

- Building a team of legal lecturers and propagandists for the ministry or sector

- Managing and utilizing legal bookshelves

- Popularizing laws on mass media about fields managed by the ministry, ministerial-level agency, or agency under the Government

- Incorporating legal knowledge training into training programs for management cadres in the sector

- Incorporating legal content into collective activities of political-social organizations, clubs, and other mass organizations

e) Take the lead or coordinate to implement training, popularization, and propaganda on international treaties that Vietnam is a member of in the fields managed by the ministry, ministerial-level agency, or agency under the Government.

f) Propose to the leadership of the ministry, ministerial-level agency, agency under the Government, and the Ministry of Justice commendation for collectives and individuals in the agency with outstanding achievements in popularizing and educating laws.

g. Advise the leadership of the ministry, ministerial-level agency, or agency under the Government to regularly conduct inspections, mid-term reviews, and annual summaries to evaluate the situation of popularizing and educating laws in the agency; inform the Ministry of Justice of the results of popularizing and educating laws to compile and report to the Government.

1.2. Inspection of law enforcement:

Coordinate with relevant units within the agency to assist the leadership of the ministry, ministerial-level agency, or agency under the Government in implementing the following tasks:

a) Develop plans for regular or ad hoc inspections of law enforcement by cadres and civil servants managed by the agency.

b) Monitor and urge law enforcement within the agency; survey, summarize, and evaluate the current understanding of laws and compliance awareness among cadres and civil servants in the sector to recommend measures to the leadership of the ministry, ministerial-level agency, or agency under the Government.

c) Exchange opinions with relevant units of the Ministry of Justice on the application of laws, participate in opinions on handling violations of laws in the sector.

d) Recommend to the leadership of the ministry, ministerial-level agency, or agency under the Government measures to prevent and remedy law violations and improve the legal system and mechanisms for enforcing laws related to the specialized management field.

d) Recommend to the leadership of the ministry, ministerial-level agency, or agency under the Government measures to prevent and remedy law violations and improve the legal system and mechanisms for enforcing laws related to the specialized management field.

2. Legal affairs organization of specialized agencies under the provincial people's committees directly under the central government.

2.1. Take the lead or coordinate with relevant units of the Department of Justice and other agencies and organizations to implement legal information dissemination activities, popularization, and education on laws for cadres and civil servants within the agency through forms such as compiling legal popularization materials, training on normative legal documents, and popularizing laws on mass media about fields managed by the agency.

2.2. Coordinate with relevant units of the agency to assist the agency head in planning the organization of implementing laws in the sector; monitor, urge, and inspect the implementation of laws within the agency; survey, summarize, and evaluate the current understanding of laws and awareness of compliance among officials and civil servants in the agency to propose measures for handling to the agency head.

Part II
Business Law Department Operations of State-Owned Enterprises

1. Serve as the focal point to assist the Board of Directors, General Director, and Director of the enterprise in preparing written comments on draft regulatory legal documents sent for comments by state agencies; summarize and assess difficulties encountered during the implementation of laws related to the production and business activities of the enterprise to propose solutions to competent state agencies for issuing or amending regulatory legal documents.

2. Draft contracts according to the assignment from the Board of Directors, General Director, and Director of the enterprise; participate in the negotiation and signing process of contracts and provide legal opinions on those contract documents.

3. Provide legal opinions on draft contracts and documents prepared by other units of the enterprise before they are submitted to the Board of Directors, General Director, and Director of the enterprise.

4. Advise the Board of Directors, General Director, and Director of the enterprise or represent the enterprise under authorization to participate in arbitration or court proceedings to protect the legitimate rights and interests of the enterprise, protect the legitimate rights and interests of employees, and other issues related to the enterprise's production and business activities.

5. Advise the Board of Directors, General Director, and Director of the enterprise on legal matters related to the organization, management, and operations of the enterprise.

6. Review and systematize regulatory legal documents related to the enterprise's activities.

7. Propose the temporary suspension, cessation, amendment, supplementation, or abolition of enterprise regulations that violate the law or are no longer appropriate.

8. Take the lead or coordinate with relevant organizations and agencies to implement information dissemination, legal education, and promotion activities, as well as internal rules and regulations of the enterprise for officials and employees.

9. Coordinate with departments and divisions of the enterprise to assist the Board of Directors, General Director, and Director of the enterprise in planning the organization of implementing laws and internal rules and regulations; survey, summarize, and evaluate the current understanding of laws and compliance awareness among officials and employees in the enterprise to propose measures for handling to the Board of Directors, General Director, and Director of the enterprise.

10. Advise the Board of Directors, General Director, and Director of the enterprise on establishing a legal library for the enterprise.

11. Perform other tasks assigned by the Board of Directors, General Director, and Director of the enterprise.

Part III
Reporting System and Implementation

1. Prepare reports periodically every six months, annually, or at any time upon request from competent state agencies for the Law Departments of Ministries, agencies equivalent to ministries, government agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises to submit to the Ministry of Justice for consolidation and reporting.

2. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 1793/1997/TT-BTP dated December 30, 1997, issued by the Ministry of Justice guiding the operations of law departments in ministries, agencies equivalent to ministries, government agencies.

3. Units under the Ministry of Justice, law departments of ministries, agencies equivalent to ministries, government agencies, specialized agencies under provincial People's Committees directly under the central government, state-owned enterprises, and Departments of Justice have the responsibility to assist the Minister, heads of agencies equivalent to ministries, heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and Boards of Directors, General Directors, and Directors of state-owned enterprises in organizing the implementation of this Circular.

4. In the course of implementation, if there are any difficulties, they should be promptly reported to the Ministry of Justice for guidance on implementation./.