This Circular stipulates the functions, tasks, and powers of the Department of Justice under the Provincial People's Committee and the Justice Office under the District People's Committee. It replaces Joint Circular No. 23/2014/TTLT-BTP-BNV on similar matters.
Đối tượng áp dụng
Provincial People's Committees, Departments of Justice, Justice Offices, and related agencies
Các điểm cốt lõi
- Prescribing the functions, tasks, and powers of the Department of Justice and the Justice Office
- Requesting the Provincial People's Committee to specify concretely the functions, tasks, and powers of the Department of Justice and the Justice Office
- Directing the review of civil servant staffing to ensure the implementation of tasks as prescribed by law
- Regularly reporting on the organizational and cadre situation of the Department of Justice and the Justice Office to the Ministry of Justice and the Ministry of Home Affairs.
- Requesting the Chairman of the Provincial People's Committee to organize the implementation of this Circular
🌐 Tác động xã hội từ văn bản này
- Improving the effectiveness of state management in the field of Justice
- Ensuring the fulfillment of assigned tasks for judicial agencies
- Strengthening information, statistics, and regular reporting work to monitor the implementation of tasks
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from February 3, 2021.
Which Circular does this replace?
This Circular replaces Joint Circular No. 23/2014/TTLT-BTP-BNV of the Ministry of Justice and the Ministry of Home Affairs.
Toàn văn
|
MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 07/2020/TT-BTP |
Hanoi, December 21, 2020 |
CIRCULAR
GUIDANCE ON THE FUNCTIONS, TASKS AND LIMITS OF THE DEPARTMENT OF JUSTICE UNDER THE PROVINCE PEOPLE'S COMMITTEE AND THE JUSTICE BRANCH UNDER THE DISTRICT PEOPLE'S COMMITTEE
Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under the provincial people's committees and cities directly under the central government, and Decree No. 107/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under the provincial people's committees and cities directly under the central government;
Pursuant to Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under the district people's committees, urban districts, towns, and cities directly under provinces and cities directly under the central government, and Decree No. 108/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under the district people's committees, urban districts, towns, and cities directly under provinces and cities directly under the central government;
Based on the opinions of the Ministry of Home Affairs regarding the authority to issue and the content of the Circular guiding the functions, tasks, and limits of the Department of Justice under the provincial people's committee and the Justice Branch under the district people's committee in Circular No. 6484/BNV-TCBC dated December 8, 2020;
The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.
The Minister of Justice issues this Circular to guide the functions, tasks, and limits of the Department of Justice under the provincial people's committee (hereinafter referred to collectively as the provincial level) and the Justice Branch under the district people's committee (hereinafter referred to collectively as the district level).
PART I
DEPARTMENT OF JUSTICE
Article 1. Position and Functions
1. The Department of Justice is a specialized agency under the provincial people's committee, with the function of advising the provincial people's committee on state management in the areas of: legal system construction and implementation; monitoring the enforcement of laws; inspecting, handling, reviewing, and systematizing regulatory legal documents; legal education and dissemination; grassroots mediation; legal affairs; notarization; adoption; civil status registration; nationality; criminal record certification; state compensation; legal aid; lawyers and legal consultation; notarization; judicial appraisal; asset auction; commercial arbitration; commercial mediation; commissioned public prosecutors; bankruptcy administrators, management and liquidation enterprises, and the practice of management and liquidation; registration of security measures; management of administrative violation handling law enforcement work; other judicial work, and public service activities within the scope defined by law.
2. The Department of Justice has legal personality, its own seal and separate account; it is subject to the direction and management of organizational structure and staffing by the provincial people's committee within its authority; it is subject to the direction, guidance, inspection, and audit of professional matters by the Ministry of Justice.
b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;
1. Submit to the provincial People's Committee:
a) Draft resolutions, decisions, directives, and other documents within the scope of issuance authority of the Provincial People's Council and the Provincial People's Committee in the field of justice;
b) Draft long-term plans, five-year plans, annual plans, and programs, projects, measures for organizing the implementation of administrative reform, judicial reform, and law-building and improvement tasks within the decision-making authority of the Provincial People's Council and the Provincial People's Committee in the field of justice;
c) Draft decisions on establishing, reorganizing, dissolving organizations and units under the Department of Justice, and draft decisions detailing the functions, tasks, limits, and organizational structure of the Department according to the law.
2. Submitting to the Chairman of the Provincial People's Committee:
a) Draft decisions detailing the functions, tasks, limits, and organizational structure of public service units directly under the Department;
b) Draft decisions, directives, and other documents within the issuance authority of the Chairman of the Provincial People's Committee on local judicial work.
3. Implement regulatory legal documents, plans, programs, projects in the field of justice that have been decided and approved by competent authorities.
4. On legislative document drafting:
a) Take the lead and coordinate with the People's Council Office, the People's Committee Office at the provincial level, and related agencies and organizations to compile lists of resolutions of the provincial People's Council and decisions of the provincial People's Committee detailing regulatory legal documents of higher-level state agencies;
b) Take the lead and coordinate with related agencies and organizations to review, participate in drafting, and provide comments on proposals for resolutions of the provincial People's Council submitted by the provincial People's Committee; coordinate with the People's Committee Office to examine and check proposals for decisions of the provincial People's Committee; participate in drafting, providing comments, and reviewing draft regulatory legal documents within the issuance authority of the provincial People's Council and People's Committee according to the law;
c) Monitor, urge, inspect, and report on the drafting of detailed regulatory legal documents to ensure the progress and quality of draft detailed regulatory legal documents.
5. On monitoring the enforcement of laws:
a) Develop and submit to the provincial People's Committee for issuance and implementation of plans to monitor the enforcement of laws in the locality;
b) Guide, urge, and inspect specialized agencies under the provincial People's Committee and district People's Committees in implementing monitoring of the enforcement of laws in the locality; make recommendations to the provincial People's Committee on how to handle the results of monitoring the enforcement of laws;
c) Summarize, develop reports on the enforcement of laws in the locality and propose solutions to address difficulties and obstacles in enforcing laws to the provincial People's Committee and the Ministry of Justice;
d) Monitor the enforcement of laws in judicial fields within the scope of state management of the provincial People's Committee.
6. On inspecting regulatory legal documents:
a) Serve as the focal point assisting the provincial People's Committee in self-inspection of documents issued by the provincial People's Committee.
b) Assist the Chairman of the Provincial People's Committee to inspect and handle documents issued by the People's Council and the People's Committee at the district level;
c) Inspect and handle documents containing legal norms issued by the People's Council or the People's Committee at the district level but not promulgated in the form of resolutions of the People's Council or decisions of the People's Committee, as well as documents containing legal norms or having the format of legal normative documents issued by the heads of specialized agencies under the People's Committee at the district level;
d) Supervise and urge the implementation of measures to handle illegal documents pursuant to this clause in accordance with the law;
7. On reviewing and systematizing legal normative documents;
a) Serve as the focal point to assist the People's Committee and the Chairman of the Provincial People's Committee in organizing the review and systematization of legal normative documents of the People's Council and the People's Committee at the provincial level in accordance with the law;
b) Urge, guide, and compile results of reviews and systematizations of common legal normative documents of the People's Council and the People's Committee at the provincial level;
c) Assist the Chairman of the Provincial People's Committee in updating legal normative documents issued by the People's Council and the People's Committee at the provincial level based on the national database on laws;
8. On popularizing, educating the law, and grassroots mediation:
a) Draft and submit to the Provincial People's Committee for issuance programs, plans, and projects on popularizing and educating the law, and organize their implementation after they are issued;
b) Monitor, guide, and inspect work on popularizing and educating the law at the local level; guide, urge, and inspect specialized agencies under the Provincial People's Committee, relevant agencies, and the People's Committee at the district level in organizing National Law Day within their jurisdiction;
c) Perform the tasks of the permanent agency of the Provincial Coordinating Council for Popularizing and Educating the Law;
d) Build and manage a team of legal reporters and legal propagandists; coordinate with relevant agencies to standardize teachers teaching civic education courses and teachers and lecturers teaching law according to the law;
đ) Monitor and guide the construction, management, and utilization of legal bookcases at communes, wards, towns (hereinafter referred to as commune level) and other agencies and units in accordance with the law;
e) Guide, inspect, and monitor the organization and operation of grassroots mediation; organize training and guide mediation skills for mediators at the local level in accordance with the law;
9. Assist the Provincial People's Committee in implementing tasks related to building communes that meet legal access standards in accordance with the law;
10. On household registration, nationality, certification, and adoption:
a) Assist the Provincial People's Committee in directing and guiding the organization and implementation of household registration, nationality, certification, and adoption work at the local level;
b) Assist the Provincial People's Committee in managing, updating, and utilizing the Household Registration Database;
c) Manage and use Household Books and household registration forms: store Household Books and household registration files; issue certified copies of household records in accordance with the law;
d) Propose the Provincial People's Committee to decide on revoking and canceling household registration documents issued by the People's Committee at the district level contrary to the law (except in cases of illegal marriage); propose the Chairman of the Provincial People's Committee to decide on revoking and canceling household registration documents issued by the Department of Justice found to be inconsistent with the law;
đ) Review files and submit to the Provincial People's Committee for resolution of matters concerning adoption within its authority; resolve matters concerning international adoptions within its authority as prescribed by law and directed by the Provincial People's Committee;
e) Carry out tasks to process applications for acquisition, reacquisition, renunciation of Vietnamese nationality, issuance of certificates of Vietnamese nationality, and issuance of certificates of Vietnamese origin; manage and store files and books on nationality in accordance with the law;
11. On criminal record:
a) Build, manage, utilize, protect, and use the criminal record database within the province;
b) Receive and process information on criminal records provided by the People's Court, the People's Procuracy, public security agencies, civil enforcement agencies, relevant agencies and organizations, and the National Criminal Record Center; establish criminal records, update supplementary information on criminal records; provide criminal record information to the National Criminal Record Center and the Department of Justice in accordance with the law;
c) Issue Criminal Record Certificates within its authority;
12. On state compensation:
a) Guide and train skills and procedures for state compensation work in accordance with the law;
b) Guide victims to implement procedures for requesting state compensation within the local area; propose the Provincial People's Committee to request competent authorities to handle violations in the process of compensating, performing responsibilities for repayment in administrative management, litigation, and enforcement activities at the local level;
c) Propose and submit to the Provincial People's Committee for determination of the agency responsible for compensation in accordance with the law; participate in verifying losses when requested by the compensation resolution agency; participate in negotiating compensation at the local level under the management of the Provincial People's Committee;
d) Monitor, urge, and inspect state compensation work;
đ) Propose the Provincial People's Committee to request competent authorities to appeal court judgments and decisions involving compensation issues; request the head of the agency directly managing public servants to reconsider decisions on repayment, reduce the amount of repayment in accordance with the law; request the head of the agency managing public servants causing damage to revoke the decision on compensation in accordance with the law;
e) Assist the Provincial People's Committee in managing state compensation work at the local level;
13. On legal aid
a) Manage, guide, and inspect the organization and operation of the State Legal Aid Center, the legal aid activities of organizations participating in legal aid as prescribed by law;
b) Perform the duties of the permanent agency of the Inter-sectoral Coordination Council on Legal Aid in litigation activities at provincial-level cities directly under the Central Government;
c) Propose the Chairman of the Provincial People's Committee to establish, dissolve, merge Branches of the State Legal Aid Center, appoint and issue legal aid practitioner cards, dismiss and revoke legal aid practitioner cards, reissue legal aid practitioner cards;
d) Issue, reissue, and revoke cooperation partner cards for legal aid; issue, change content, reissue, and revoke Registration Certificates for participation in legal aid of organizations registered to participate in legal aid as prescribed by law; propose the Ministry of Justice to organize probationary training inspections for legal aid;
đ) Announce and update lists of organizations implementing legal aid, persons providing legal aid in the locality, post on the Department of Justice's website, and send the Ministry of Justice to post on the Ministry of Justice's website;
e) Select, sign, implement, and terminate contracts for legal aid implementation with organizations practicing as lawyers, legal advisory organizations; inspect and supervise the implementation of legal aid implementation contracts; pay remuneration and costs for legal aid implementation to organizations that have signed legal aid implementation contracts; manage and organize the evaluation of the quality of cases involved in litigation and out-of-court representation according to the law;
14. Regarding lawyers and legal advice:
a) Advise and propose to the Provincial People's Committee to implement measures to support the development of lawyer practice organizations, and the organization and activities of legal consultation at the local level;
b) Issue, reissue, or revoke the Registration Certificate for operation of Vietnamese lawyer practice organizations, foreign lawyer practice organizations in Vietnam, Legal Advisory Centers: issue, reissue, or revoke Legal Advisor Cards;
c) Provide information about the registration for operation of Vietnamese lawyer practice organizations, foreign lawyer practice organizations to state agencies, organizations, and individuals requesting such information according to the law: request the Bar Association to provide information about the organization and operation of lawyers, require lawyer practice organizations to report on organizational and operational situations when necessary;
d) Issue, reissue, or revoke individual lawyer practice registration certificates; compile and monitor lists of individuals registered for practice at local Bar Associations;
15. Regarding notarization:
a) Propose the Minister of Justice to appoint, reappoint, or remove notaries: carry out registration for notary practice and issue, reissue notary cards, decide to temporarily suspend notary practice, remove registration for notary practice, revoke notary cards; manage notary practice probation according to the law;
b) Submit to the Provincial People's Committee proposals for establishing, converting, dissolving Notary Offices: submit to the Provincial People's Committee requests for permission to establish, revoke permission to establish, merge, consolidate, transfer Notary Office decisions according to the law;
c) Issue, reissue, or revoke the Registration Certificate for operation of Notary Offices: record changes in the list of notary publics who are general partners and the list of notary publics working under contract in Notary Offices; provide information about the content of the Registration Certificate for operation of Notary Offices according to the Notarization Law;
d) Assist the Provincial People's Committee in building a database and issuing regulations on the exploitation and use of the notarization database;
đ) Advise the Provincial People's Committee to issue criteria for reviewing applications for establishing Notary Offices;
e) Advise the Provincial People's Committee to set the maximum fee for notarization in the locality;
g) Implement annual professional training for notary publics in cases where the locality has not established a Notary Public Association;
h) Designate another Notary Office or Notary Office to accept notarization application files in cases of dissolving Notary Offices or terminating operations of Notary Offices according to Clause 4, Article 64 of the Notarization Law;
16. Regarding forensic appraisal:
a) Submit to the Provincial People's Committee for decision to permit and revoke permits for establishing Forensic Appraisal Offices: convert business models, change, and supplement areas of forensic appraisal of Forensic Appraisal Offices;
b) Issue, reissue, or revoke the Registration Certificate for operation of Forensic Appraisal Offices; coordinate with specialized agencies under the Provincial People's Committee regarding the appointment, removal of forensic appraisers in the locality; organize legal knowledge training for forensic appraisers in the locality;
c) Evaluate the organization and quality of forensic appraisal activities in the locality; propose solutions to ensure the quantity and quality of forensic appraiser teams according to the requirements of litigation activities in the locality;
d) Take the lead and coordinate with specialized agencies to assist the Provincial People's Committee in managing forensic appraisal activities in the locality according to the law;
17. Regarding auctioning assets:
a) Issue, reissue, revoke, and change the content of the Registration Certificate for operation of asset auction enterprises, branches of asset auction enterprises, issue, reissue, and revoke auctioneer cards;
b) Propose the Ministry of Justice to revoke auction floor practice certificates according to the Auctioning Assets Law;
c) Review conditions for implementing online auctions, approve organizations conducting auctions with the necessary conditions for online auctions according to the law;
d) Manage, guide, and inspect the organization and operation of asset auction organizations;
đ) Compile and post lists of auctioneers and lists of asset auction organizations with websites meeting the conditions for online auctions on the Department of Justice's website and send the Ministry of Justice to post on the specialized website for asset auctions;
18. Regarding receivers and management, liquidation of assets:
a) Register for practice, compile, and announce lists of receivers, asset management, and liquidation enterprises in the locality;
b) Suspend, extend, revoke the suspension of the practice of asset management and liquidation for judicial managers, asset management and liquidation enterprises; remove the names of judicial managers, asset management and liquidation enterprises from the list of judicial managers, asset management and liquidation enterprises, and propose to the Minister of Justice to revoke the license for the practice of judicial managers in accordance with the law.
19. Regarding commercial mediation
a) Issue, reissue, register changes to the content, and revoke the Business Registration Certificate of Commercial Mediation Centers, Branches of Commercial Mediation Centers, Branches of foreign commercial mediation organizations in Vietnam;
b) Register, establish, and remove the names of commercial mediation case mediators from the list of commercial mediation case mediators of the Department of Justice;
c) Update and publish the list of commercial mediation case mediators, commercial mediation organizations on the electronic information website of the Department of Justice; review, compile statistics, and report annual data on commercial mediation mediators at the local level.
20. Regarding commercial arbitration
a) Issue, reissue, register changes to the content, and revoke the Business Registration Certificate of Arbitration Centers, Branches of Foreign Arbitration Organizations in Vietnam, Branches of Arbitration Centers;
b) Update information about Arbitration Centers, Branches, Representative Offices of Arbitration Centers; Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam;
c) Provide information about registration for operation, establishment of Branches, Representative Offices of Arbitration Centers; Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam to state management agencies, organizations, and individuals according to the law;
21. Regarding notarization
a) Verify information in the appointment and removal files of notaries upon request of the Ministry of Justice; register for practice, issue, reissue, and revoke Notary Cards; decide on the temporary suspension of notary practice; establish a list of practicing notaries at the local level and issue Notary Cards;
b) Chair and coordinate with departments and sectors to develop proposals for the development of Notary Offices at the local level to be approved by the Provincial People's Committee; receive, examine, and process procedures to submit to the Provincial People's Committee for permission to establish, convert, merge, consolidate, transfer, and terminate operations of Notary Offices;
c) Issue and revoke the Business Registration Certificate of Notary Offices; decide on the temporary cessation of Notary Office operations;
d) Establish a database on notarial acts, implement registration and management of the database on notarial acts according to the guidelines of the Ministry of Justice;
d) Manage the probation period for notary practice at the local level according to the law.
22. Regarding registration of security measures:
a) Assist the provincial People's Committee in guiding the registration of security measures using land use rights and assets attached to land; conduct regular inspections of Land Registration Offices and Branches of Land Registration Offices at the local level according to the law;
b) Assist the provincial People's Committee in organizing training on professional skills and expertise for those who carry out the registration of security measures using land use rights and assets attached to land;
c) Assist the provincial People's Committee in establishing a system for registering security measures using land use rights and assets attached to land at the local level, guide the Land Registration Office to update and integrate information on security measures using land use rights and assets attached to land into the National Database on Security Measures;
23. Regarding legal affairs work:
a) Develop and submit to the provincial People's Committee for issuance the annual program and plan for legal affairs work at the local level and organize its implementation after issuance;
b) Manage and inspect the legal affairs work of specialized agencies under the provincial People's Committee;
c) Assist the provincial People's Committee in chairing or coordinating with ministries and sectors in guiding and organizing training on skills, expertise, and professional knowledge regarding legal affairs work for legal officers within the organizational structure of specialized agencies under the provincial People's Committee;
d) Manage and guide on expertise and professional knowledge in legal affairs work for legal organizations of state-owned enterprises at the local level;
d) Advise and propose to the provincial People's Committee on building and consolidating legal affairs organizations, implementing measures to improve the effectiveness of legal affairs work at the local level;
24. Organize the implementation or coordinate with specialized agencies under the provincial People's Committee to implement legal support activities for businesses according to the law.
25. Regarding management of the enforcement of laws on administrative violations:
a) Assist the provincial People's Committee in monitoring, guiding, urging, inspecting, and reporting on the enforcement of laws on the handling of administrative violations at the local level; propose research and handling of unfeasible, unsuitable, overlapping, or contradictory provisions on administrative violations according to the law;
b) Popularize and train on the application of laws on the handling of administrative violations within the scope of local management;
c) Build and manage a database on the handling of administrative violations and integrate it into the national database on the handling of administrative violations at the Ministry of Justice.
26. Assist the provincial People's Committee in performing tasks and exercising powers regarding civil enforcement and administrative enforcement according to the law and the regulations on cooperation between judicial organs and local civil enforcement agencies issued by the Ministry of Justice.
27. Assist the provincial People's Committee in developing and organizing the implementation of plans for training on judicial and legal affairs work for District Justice Departments, Civil Registry Officers at Commune-level Justice Departments, and other related organizations and individuals according to the law.
28. Inspect, audit, and handle violations by agencies, organizations, and individuals in the enforcement of laws within the scope of management of the Department of Justice; receive citizens; resolve complaints and denunciations; prevent corruption according to the law or according to the delegation and authorization of the Chairman of the provincial People's Committee.
29. Assist the provincial People's Committee in managing associations and non-governmental organizations operating in areas under the management of the Department of Justice in accordance with the law.
30. Assist the provincial People's Committee in state management of international cooperation on law at the local level; implement international cooperation on law and judicial work in accordance with the law and as assigned or authorized by the Chairman of the provincial People's Committee.
31. Organize research and application of science and information technology in fields under the state management of the Department of Justice.
32. Specify the functions, tasks, powers, and working relationships of specialized professional departments, Inspection Department, and Office under the Department of Justice; manage organizational structure, civil servant quota, civil servant grade structure, job positions, staff structure by profession and number of personnel in public service units; implement salary systems and incentive policies, training, rewards, and disciplinary measures for civil servants, officials, and workers under the management of the Department of Justice in accordance with the law and as assigned or authorized by the provincial People's Committee.
33. Manage and be responsible for financial resources and assets allocated according to the law and as assigned, delegated, or authorized by the provincial People's Committee.
34. Implement information, statistics, compilation, and regular and ad hoc reporting on the implementation of tasks in assigned fields of work to the provincial People's Committee and the Ministry of Justice.
35. Guide and inspect the implementation of self-management mechanisms and self-responsibility of subordinate public service organizations in accordance with the law.
36. Perform other tasks as prescribed by law.
Chapter II
LEGAL DEPARTMENT
Article 3. Position and Functions
1. The Legal Department is a specialized agency under the People's Committee of the district, providing advice and assisting the district People's Committee in performing state management functions regarding: legal system construction and enforcement; monitoring the implementation of laws; inspection, handling, review, and systematization of regulatory legal documents; legal education and dissemination; grassroots mediation; legal aid; adoption; household registration; certification; management of administrative violation handling work and other judicial tasks as prescribed by law.
2. The Legal Department has legal personality, its own seal and account; it is subject to the People's Committee of the district's direction and management over organization, job positions, civil servant quota, and civil servant grade structure within its authority, while also being subject to the Ministry of Justice and the Department of Justice's professional guidance, supervision, and inspection.
Article 4. Tasks and Powers
1. Submit to the district People's Committee for issuance of resolutions, decisions, medium-term and annual development plans in the field of justice within the authority of the People's Council and the district People's Committee; programs and measures to organize the implementation of administrative reform, judicial reform, and law construction and improvement in areas within the decision-making authority of the People's Council and the district People's Committee in the field of justice; draft documents specifying the functions, tasks, powers, and organizational structure of the Legal Department.
2. Submit to the Chairman of the district People's Committee for drafting documents in the field of justice within the authority of the Chairman of the district People's Committee.
3. Implement normative legal documents, programs, plans, and other documents in the field of justice after approval by the competent authority.
4. Direct, guide, and inspect professional matters related to judicial work at the commune level.
5. Regarding legislative document construction:
a) Coordinate in constructing resolutions and decisions within the authority of the district People's Committee and People's Council, led by other specialized agencies under the district People's Committee.
b) Review draft resolutions of the People's Council and draft decisions of the district People's Committee in accordance with the law.
6. Regarding monitoring the implementation of laws:
a) Develop and submit to the district People's Committee for issuance and implementation of the Plan to monitor the implementation of laws in the locality;
b) Guide, urge, and inspect specialized agencies under the district People's Committee and specialized civil servants under the district People's Committee at the commune level in their work to monitor the implementation of laws locally;
c) Compile and propose to the district People's Committee on the handling of monitoring results on the implementation of laws;
d) Monitor the implementation of laws in the field of justice under the management of the district People's Committee.
7. Regarding inspection of legislative documents:
a) Serve as the focal point to assist the district People's Committee in self-inspection of documents issued by the district People's Committee;
b) Assist the Chairman of the district People's Committee in inspecting documents of the People's Council and the commune People's Committee; submit to the Chairman of the district People's Committee for decision on measures to handle illegal documents in accordance with the law;
c) Inspect and handle documents containing legal provisions issued by the People's Council or the commune People's Committee but not promulgated in the form of resolutions of the People's Council or decisions of the People's Committee; documents issued by the Chairman of the commune People's Committee or other positions at the commune level containing legal provisions.
8. Regarding review and systematization of legislative documents:
a) Serve as the focal point to assist the district People's Committee and the Chairman of the district People's Committee in organizing the review and systematization of legislative documents of the People's Council and the district People's Committee in accordance with the law;
b) Urge, guide, and compile general review and systematization results of legislative documents of the People's Council and the district People's Committee.
9. Regarding legal education and dissemination and grassroots mediation:
a) Develop and submit to the district People's Committee for issuance of programs and plans for legal education and dissemination and organize their implementation after they have been issued.
b) Monitor, guide, and inspect the work of disseminating and educating the law at the local level; urge, inspect specialized agencies under the People's Committee of the district, related agencies and organizations, and the People's Committee of the commune in organizing Law Day of the Socialist Republic of Vietnam on their respective territories;
c) Perform the tasks of the permanent agency of the Coordination Council for Dissemination and Education of the Law at the district level;
d) Build and manage the team of legal lecturers and legal propagandists in accordance with the provisions of the law;
đ) Guide the construction, management, and exploitation of legal bookcases at the commune level and other agencies and units within the territory in accordance with the provisions of the law;
e) Organize and implement the provisions of the law regarding grassroots mediation;
10. Assist the People's Committee of the district in performing tasks to build communes that meet the standard of access to the law; be the permanent agency of the Evaluation Council for Access to the Law.
11. Implement tasks related to legal aid in accordance with the provisions of the law.
12. Regarding management and registration of household records:
a) Assist the People's Committee of the district in directing, inspecting, and guiding the organization and implementation of household record registration and management work within the territory;
b) Assist the People's Committee of the district in implementing household record registration in accordance with the law; propose the People's Committee of the district to decide on the recovery and cancellation of household record documents issued by the People's Committee of the commune contrary to the provisions of the law (except cases of illegal marriage);
c) Assist the People's Committee of the district in managing, updating, and exploiting the household record database and issuing copies of household record extracts in accordance with the law;
d) Manage and use Household Record Books, household record forms; store Household Record Books and household record registration files in accordance with the law.
13. Perform tasks related to adoption management in accordance with the provisions of the law.
14. Regarding certification:
a) Carry out certification of paper copies, electronic copies from original documents, certification of signatures (including those of translators), and certification of contracts and transactions within the jurisdiction of the Justice Office in accordance with the law;
b) Manage and use Certification Books, store Certification Books and certification files in accordance with the law;
c) Guide and inspect professional matters for civil servants of the Justice-Household Registration Department under the People's Committee of the commune in certifying paper copies, electronic copies from original documents, certification of signatures, and certification of contracts and transactions: manage and use Certification Books; store Certification Books and certification files within the jurisdiction of the People's Committee of the commune in accordance with the law.
15. Regarding management of the implementation of laws on administrative violations:
a) Assist the People's Committee of the district in monitoring, urging, inspecting, and reporting on the implementation of laws on administrative violation handling in the locality;
b) Propose the People's Committee of the district to request competent authorities to study and handle regulations on administrative violation handling that are unfeasible, inconsistent with reality, or overlapping and contradictory;
c) Guide professional matters in implementing laws on administrative violation handling.
16. Assist the People's Committee of the district in performing tasks and powers related to civil enforcement, administrative enforcement in accordance with the law and the working cooperation regulations between judicial agencies and local civil enforcement agencies issued by the Ministry of Justice.
17. Assist the People's Committee of the district in organizing training and professional capacity building for civil servants of the Justice-Household Registration Department at the commune level, relevant organizations, and individuals in accordance with the law and the division of labor by the People's Committee of the district.
18. Organize the application of science and technology; build information and storage systems to serve state management work in areas under the jurisdiction of the Justice Office.
19. Implement information, statistics, regular and ad hoc reports on the implementation of assigned tasks in accordance with the regulations of the People's Committee of the district and the Department of Justice.
20. Take the lead and coordinate with relevant agencies to inspect, participate in audits of the implementation of laws in fields managed by organizations and individuals within the territory; resolve complaints and denunciations; prevent and combat corruption and waste in judicial activities within the territory in accordance with the law and the division of labor by the People's Committee of the district.
21. Manage organizational structure, job positions, civil servant quotas, civil service grade structures, implement salary systems, policies, incentives, rewards, disciplinary measures, and professional training and capacity building for civil servants under the jurisdiction of the Justice Office in accordance with the law and the division of labor by the People's Committee of the district.
22. Manage and be responsible for the assets and finances of the Justice Office in accordance with the law and the division of labor by the People's Committee of the district.
23. Perform other tasks as prescribed by law.
Chapter III
IMPLEMENTATION
Article 5. Effective Date
1. This Circular takes effect from February 3, 2021.
2. This Circular replaces Joint Circular No. 23/2014/TTLT-BTP-BNV dated December 22, 2014, of the Ministry of Justice and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Department of Justice under the People's Committee of the province and city directly under the Central Government and the Justice Office under the People's Committee of the district, town, and city directly under the province.
Article 6. Responsibility for Implementation
1. Provincial People's Committees shall be responsible for:
a) Specify the specific functions, tasks, and powers of the Department of Justice; decide on the organizational structure of the Department of Justice suitable for the requirements of state management in the field of justice according to the following groups of areas: drafting and inspecting normative legal documents; dissemination and education of the law: administrative justice (management of household registration, nationality, certification, adoption, state compensation, registration of security measures, criminal record); judicial support (legal aid, management of lawyer work, legal consultation, notarization, forensic examination, auction of property, commercial arbitration, commercial mediation, bankruptcy administrator, enterprise management, liquidation of property, and practice of property management and liquidation, commissioned judge); management of administrative violation handling and supervision of the implementation of laws and other tasks as prescribed by law.
On the basis of the characteristics and socio-economic development situation of the locality, decide on the establishment, reorganization, and dissolution of public service units under the Department of Justice in accordance with the law, ensuring consistency with the network planning for public service units in the justice sector approved by the Prime Minister and the guidance of the Ministry of Justice and the Ministry of Home Affairs.
b) Direct and guide the People's Committee of the district to specifically define the functions, tasks, authorities, organization, and staffing of the Justice Office; ensure that the staffing of judicial and civil registry officials at the commune level complies with the law and meets the assigned requirements; do not assign judicial and civil registry officials to concurrently perform other duties.
c) Direct the Department of Justice, the Department of Home Affairs, and the People's Committee of the district to promptly review and develop or amend and supplement the job position plan and the structure of civil service ranks of the Department of Justice, the Justice Office, and the job position plan in public service units under the Department of Justice in accordance with the law; implement the review of civil servant and civil service staff quotas to report to the People's Committee of the province to propose the competent authority to allocate and adjust the civil servant quota and the number of personnel for the Department of Justice to ensure the implementation of tasks in accordance with the law.
d) Periodically every six months or annually, conduct reviews and report to the Ministry of Justice and the Ministry of Home Affairs on the organizational and cadre situation of the Department of Justice, the Justice Office, and judicial and civil registry officials at the commune level, and the organizational and cadre situation of legal affairs cadres in specialized agencies under the People's Committee of the province in accordance with the law.
2. The Chairman of the People's Committee of the province shall be responsible for organizing and implementing this Circular. In the course of implementation, if there are difficulties or need for supplementation or amendment, the People's Committee of the province shall report to the Ministry of Justice for consideration and resolution within its jurisdiction./.
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THE MINISTER |
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