Circular No. 09/2025/TT-BTP guides the functions, tasks, and authorities of the provincial Department of Justice and the People's Council and People's Committee Office at commune level in the field of justice. This Circular takes effect from July 1, 2025, and replaces Circular No. 07/2020/TT-BTP.
Đối tượng áp dụng
Provincial Department of Justice, People's Council and People's Committee Office at commune level, specialized agencies under the provincial People's Committee, Chairman of the provincial People's Committee, civil servants working in judicial affairs at the commune level.
Các điểm cốt lõi
- Provincial Department of Justice: Advises and assists the People's Committee in state management over law-making, enforcement of laws, administrative justice, judicial support, and other judicial tasks. Performs specific tasks such as drafting resolutions, development plans, inspecting the implementation of regulatory documents, managing household registration, adoption, and state compensation.
- People's Council and People's Committee Office at commune level: Advises and assists the commune-level People's Committee in state management over law-making, enforcement of laws, administrative justice, and judicial support. Performs tasks such as drafting resolutions, development plans, inspecting the implementation of regulatory documents, managing household registration, and adoption.
- Specialized agencies under the provincial People's Committee: Provide information on the organization and activities of lawyers, legal advice, notarization, judicial appraisal, auction of assets, commercial arbitration, commercial mediation, and bankruptcy administrators.
- Chairman of the provincial People's Committee: Inspects the implementation of laws in judicial fields, resolves complaints and petitions; prevents and combats corruption and waste in the judicial field.
- Civil servants working in judicial affairs at the commune level: Perform tasks related to household registration, adoption, state compensation, management of regulatory documents, and legal education and dissemination.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhances the effectiveness of state management in the judicial field at the local level, improves the quality of work in law-making and enforcement.
- Negative impact: May impose a burden on personnel and finances for agencies implementing this circular.
❓ Câu hỏi thường gặp
What tasks does the provincial Department of Justice perform?
The provincial Department of Justice advises and assists the People's Committee in state management over law-making, enforcement of laws, administrative justice, judicial support, and other judicial tasks.
What tasks does the People's Council and People's Committee Office at commune level perform?
The People's Council and People's Committee Office at commune level advises and assists the commune-level People's Committee in state management over law-making, enforcement of laws, administrative justice, and judicial support.
What tasks do civil servants working in judicial affairs at the commune level perform?
Civil servants working in judicial affairs at the commune level perform tasks related to household registration, adoption, state compensation, management of regulatory documents, and legal education and dissemination.
What responsibilities does the Chairman of the provincial People's Committee have?
The Chairman of the provincial People's Committee inspects the implementation of laws in judicial fields, resolves complaints and petitions; prevents and combats corruption and waste in the judicial field.
When does this circular take effect?
This circular takes effect from July 1, 2025.
Toàn văn
|
MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness |
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Number: 09/2025/TT-BTP |
Hanoi, June 16, 2025 |
CIRCULAR
Guidelines on the functions, tasks, and authorities of the Department of Justice under the People's Committee of provinces and centrally governed cities and the functions, tasks, and authorities of the Office of the People's Council and People's Committee under the People's Committee of communes, wards, and special administrative-economic zones in the field of justice
Pursuant to Decree No. 39/2025/NĐ-CP dated February 26, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 150/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the organization of specialized agencies under the People's Committee of provinces and centrally governed cities andthe People's Committee of communes, wards, and special administrative-economic zones under provinces and centrally governed cities;
Pursuant to Decree No. 120/2025/NĐ-CP dated June 11, 2025 of the Government on the delineation of authority of two-level local governments in the field of state administration under the Ministry of Justice;
Pursuant to Decree No. 121/2025/NĐ-CP dated June 11, 2025 of the Government on decentralization and delegation in the field of state administration under the Ministry of Justice;
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 guiding the functions, tasks, and authorities of the Department of Justice under the People's Committee of provinces and centrally governed cities and the functions, tasks, and authorities of the Office of the People's Council and People's Committee under the People's Committee of communes, wards, and special administrative-economic zones in the field of justice.
PART I
FUNCTIONS, TASKS, AND AUTHORITIES OF THE DEPARTMENT OF JUSTICE
Section 1
POSITION AND FUNCTION
Article 1. Position
The Department of Justice is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as provincial level), having legal personality, its own seal and separate account; it is subject to the direction and management regarding organizational structure and staffing by the People's Committee at the provincial level within their authority; it is also subject to the direction, guidance, and professional supervision by the Ministry of Justice.
Article 2. Functions
The Department of Justice performs the function of advising and assisting the People's Committee at the provincial level in managing state affairs concerning: legislative development; implementation of laws; administrative justice; judicial support; legal work, and other judicial activities as prescribed by law.
Section 2
TASKS AND AUTHORITIES
Article 3. On legislative development
1. Submit to the People's Committee at the provincial level
a) Draft resolutions of the People's Council at the provincial level, draft decisions of the People's Committee at the provincial level related to the sector and field of justice within the jurisdiction of the Department of Justice and other documents as assigned by the People's Committee at the provincial level;
b) Draft plans for development, programs, and measures to organize the implementation of tasks in the sector and field of justice at the local level;
c) Draft decisions specifying the functions, tasks, authorities, and organizational structure of the Department of Justice; draft decisions establishing, restructuring, or dissolving public service units under the Department of Justice in accordance with the law; draft decisions specifying the functions, tasks, authorities, and organizational structure of public service units under the Department of Justice, except where otherwise provided by specific laws;
d) Draft decisions implementing the socialization of activities providing public services in the sector and field of justice within the authority of the People's Committee at the provincial level.
2. Submit to the Chairman of the People's Committee at the provincial level
a) Draft decisions specifying the functions, tasks, authorities, and organizational structure of public service units under the Department of Justice in accordance with the provisions of specific laws;
b) Draft decisions of the Chairman of the People's Committee at the provincial level and other documents concerning judicial work within the authority to issue such decisions by the Chairman of the People's Committee at the provincial level.
3. Assist the People's Committee at the provincial level in managing legislative development work at the local level in accordance with the law and perform the following tasks:
a) Take the lead and coordinate with relevant agencies and organizations to establish and propose to the People's Committee at the provincial level for consideration and submission to the Standing Committee of the People's Council at the provincial level for decision on the list of resolutions of the People's Council at the provincial level detailing regulations of higher-level state agencies;
b) Take the lead and coordinate with the Office of the People's Committee at the provincial level, relevant agencies, and organizations to establish and submit to the Chairman of the People's Committee at the provincial level for issuance of the list of decisions of the People's Committee at the provincial level detailing regulations of higher-level state agencies and resolutions of the People's Council at the provincial level;
c) Participate in drafting, provide comments on draft resolutions of the People's Council at the provincial level, draft decisions of the People's Committee at the provincial level, and draft decisions of the Chairman of the People's Committee at the provincial level; review draft resolutions of the People's Council at the provincial level submitted by the People's Committee at the provincial level, draft decisions of the People's Committee at the provincial level, and draft decisions of the Chairman of the People's Committee at the provincial level;
d) Monitor, urge, and inspect the drafting of detailed regulations at the local level;
đ) Report periodically every quarter, annually, or upon request of competent authorities to the Chairman of the People's Committee at the provincial level, and simultaneously send the Ministry of Justice about the situation, progress, and emerging issues during the drafting of detailed regulations within the authority to issue by the local government.
Article 4. On the organization of implementing laws
1. Assist the People's Committee at the provincial level to monitor, provide professional guidance, inspect work related to: monitoring the implementation of regulatory legal documents; inspecting, reviewing, systematizing, and handling regulatory legal documents; popularizing and educating the law; grassroots mediation; standardizing access to the law in accordance with local regulations.
2. Organize the implementation of regulatory legal documents, implement documents, plans, programs, projects, and proposals in the field of justice that have been decided or approved by competent authorities.
3. On monitoring the implementation of regulatory legal documents
a) Assist the People's Committee at the provincial level to monitor, urge, inspect, summarize, and conclude on the implementation of regulatory legal documents, report and provide information on the organization of implementation, monitor the implementation of regulatory legal documents in the locality;
b) Assist the People's Committee at the provincial level to compile and build plans, submit to the Chairman of the People's Committee at the provincial level for issuance of plans to monitor the implementation of regulatory legal documents in the locality and organize their implementation;
c) Advise and assist the People's Committee at the provincial level to direct, guide, urge, and inspect agencies and units under its management to promptly handle the results of implementing regulatory legal documents within their authority or recommend competent authorities to handle the results of implementing regulatory legal documents; summarize the handling results in annual reports on the organization of implementing laws sent to the Ministry of Justice;
d) Monitor the implementation of regulatory legal documents in the field of justice in the locality.
4. On inspecting, reviewing, systematizing, and handling regulatory legal documents
a) Serve as the focal point to assist the People's Committee at the provincial level to compile, monitor, and urge self-inspection of documents in the locality; assist the People's Committee at the provincial level in self-inspection of documents according to the division of labor by the People's Committee at the provincial level;
b) Assist the People's Committee at the provincial level to carry out inspections and handling of regulatory legal documents issued by the People's Council and People's Committee at the commune, ward, special economic zone levels (hereinafter referred to as the commune level); documents containing regulatory legal provisions issued by the commune-level government but not promulgated in the form of regulatory legal documents; documents guiding the application of regulatory legal documents issued by the commune-level government; documents containing regulatory legal provisions issued by the Standing Body of the People's Council, Chairperson of the People's Council, Chairperson of the People's Committee at the commune level, specialized agencies, and other administrative organizations under the People's Committee at the commune level (or equivalent), and recommend the Chairman of the People's Committee at the provincial level to decide on handling illegal documents within his authority;
c) Advise the People's Committee at the provincial level to urge and direct the review and systematization of regulatory legal documents in the locality; serve as the focal point to build and organize the implementation of plans for systematizing regulatory legal documents in accordance with the law;
d) Assist the Chairman of the People's Committee at the provincial level to update regulatory legal documents issued by the People's Council, People's Committee, and Chairperson of the People's Committee at the provincial level, other documents on the National Legal Database, and inspect the results of updating documents in accordance with the law; summarize, build, and submit to the People's Committee at the provincial level for issuance of decisions announcing lists of expired and suspended documents;
đ) Advise the People's Committee at the provincial level to implement tasks and responsibilities regarding the National Legal Database in accordance with the law.
5. On popularizing, educating the law, grassroots mediation, and standardizing access to the law
a) Build and submit to the People's Committee at the provincial level for issuance of programs, plans, and proposals on popularizing, educating the law, grassroots mediation, and organize their implementation after they are issued;
b) Carry out the tasks of the permanent body of the Provincial Coordinating Council for Popularizing and Educating the Law; organize the implementation of work on popularizing, educating the law, communicating policies, and draft regulatory legal documents in fields under the management of the Department of Justice;
c) Advise the Chairman of the People's Committee at the provincial level to establish procedures and processes for recognizing and dismissing provincial-level legal reporters; assist the People's Committee at the provincial level to build, manage, train, and propose solutions to improve the quality and effectiveness of activities of the legal reporter and legal propagandist teams in the locality; organize training and guide mediation skills for mediators in the locality in accordance with the law;
d) Assist the People's Committee at the provincial level to implement tasks related to evaluating and recognizing communes that meet the standard for accessing the law in accordance with the law;
đ) Monitor, guide, inspect, and urge work on popularizing, educating the law, communicating policies, and draft regulatory legal documents, the implementation of Vietnam Law Day, grassroots mediation activities, standardizing access to the law in the locality, building, managing, and utilizing legal libraries at the commune level and other agencies and units in accordance with the law.
Article 5. Administrative Justice Affairs
1. Assist the People's Committee of the province in directing, monitoring, providing professional guidance, inspecting work related to: civil status registration, nationality, adoption; registration of security measures; state compensation at the local level in accordance with the law.
2. Regarding civil status registration, nationality, adoption
a) Exploit and utilize the Electronic Civil Status Database to issue certified copies of birth certificates, extracts from civil status records, and confirm civil status information in accordance with the law;
b) Manage and utilize Civil Status Books, Adoption Registration Books, civil status forms, adoption forms; store Civil Status Books, Adoption Registration Books, civil status registration files, adoption registration files in accordance with the law;
c) Propose the Chairman of the People's Committee of the province to decide on the recovery and cancellation of civil status documents and registration contents issued by the civil status registration and management agency contrary to the law (except for illegal marriages);
d) Review files and submit them to the People's Committee of the province for resolution of matters concerning adoption within the province's authority; resolve matters concerning foreign-related adoptions within the authority prescribed by law and delegated by the People's Committee of the province;
e) Implement tasks to process applications for acquisition, resumption, renunciation of Vietnamese nationality, issuance of Certificates of Vietnamese Nationality, issuance of Certificates of Vietnamese Origin; manage and retain files and books on nationality in accordance with the law;
f) Carry out the delegation of the Chairman of the People's Committee of the province to examine and approve valid electronic civil status data deletion proposals from the People's Committee of the commune; permit restoration of electronic civil status data before adjustment or deletion if there is an effective legal document allowing restoration on the shared land registration and management software;
3. Regarding registration of security measures
a) Assist the People's Committee of the province in guiding and organizing the implementation of laws on registration of security measures;
b) Assist the People's Committee of the province in inspecting land registration offices and branches regarding registration of security measures by land use rights and attached assets in accordance with the law;
c) Assist the People's Committee of the province in implementing reporting systems to the Ministry of Justice and the Ministry of Agriculture and Rural Development on registration of security measures by land use rights and attached assets in accordance with the law.
4. Regarding state compensation
a) Assist the People's Committee of the province in supporting and guiding victims to complete compensation claim procedures locally; propose the People's Committee of the province to request competent authorities to handle violations in compensation resolution, implement administrative management, litigation, and enforcement responsibilities;
b) Propose and submit to the People's Committee of the province for determination of the compensation resolution agency in accordance with the law; participate in damage verification when requested by the compensation resolution agency; participate in local compensation negotiations within the authority of the People's Committee of the province;
c) Propose the People's Committee of the province to request the competent authority to lodge appeals against court judgments and decisions containing compensation resolutions; request the head of the directly managing agency to review and reduce the repayment decision according to the law; demand the head of the directly managing agency causing damage to revoke the compensation resolution decision in accordance with the law.
Article 6. On Judicial Support
1. Assist the Provincial People's Committee in directing, monitoring, providing professional guidance, inspecting the organization and operation of lawyers, legal consultation, legal aid, notarization, authentication, judicial appraisal, auction of assets, commercial arbitration, commercial mediation, bankruptcy administrators, and the practice of managing and liquidating assets at the local level in accordance with the law.
2. On Lawyers and Legal Consultation
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, and revoke the Registration Certificate for the operation of Vietnamese lawyer practice organizations, foreign lawyer practice organizations in Vietnam, and Legal Consultation Centers; issue, reissue, or revoke the Legal Consultant Card;
c) Provide information on the issuance, reissuance, and revocation of Lawyer Practice Certificates, registration of operations of Vietnamese lawyer practice organizations, and foreign lawyer practice organizations to state agencies, organizations, and individuals upon request in accordance with the law; request the Bar Association to provide information on the organization and activities of lawyers, and require lawyer practice organizations to report on their organization and activities when necessary;
d) Issue, reissue, and revoke individual lawyer practice registration certificates; compile and monitor lists of lawyers registered to practice at the local level;
đ) Review and submit to the Chairman of the Provincial People's Committee for consideration and decision on issuing, reissuing, and revoking Lawyer Practice Certificates; recognize overseas legal training;
3. On Legal Aid
b) Propose the Chairman of the Provincial People's Committee to establish, dissolve, merge branches of State Legal Aid Centers, appoint, issue, and reissue Legal Aid Counselor Cards according to the model issued by the Ministry of Justice, dismiss and revoke Legal Aid Counselor Cards;
c) Issue, reissue Collaborative Legal Aid Counselor Cards according to the model issued by the Ministry of Justice, revoke Collaborative Legal Aid Counselor Cards; issue, change content, reissue, and revoke Registration Certificates for participation in legal aid of organizations participating in legal aid according to the law;
d) Announce and update lists of organizations implementing legal aid and persons implementing legal aid at the local level, post them on the Department of Justice's website, and send them to the Ministry of Justice for posting on the Ministry of Justice's website; manage and secure data on the system for managing organizations and activities of legal aid within the scope of authority;
đ) Select, sign, implement, and terminate contracts for legal aid implementation with lawyer practice organizations and legal consultation 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;
e) Assist the Provincial People's Committee in organizing the assessment and evaluation of the quality of legal aid cases in accordance with the law.
4. On Notarization and Authentication
a) Advise the Provincial People's Committee to promulgate plans for managing and developing notary practice organizations; set maximum prices for services related to notarization at the local level; adjust the list of areas allowed to establish Notary Offices under private enterprise models, and transfer authentication authority for transactions to notary practice organizations at the local level in accordance with the law;
b) Submit plans for establishing, converting, dissolving Notary Offices to the Provincial People's Committee; accept applications for establishing Notary Offices; submit to the Provincial People's Committee for permission to establish, revoke decisions to establish, merge, consolidate, and transfer all shares of all general partners of Notary Offices; decide on permission to sell Notary Offices operating under private enterprise models in accordance with the law;
c) Assist the Provincial People's Committee in building and upgrading the database and promulgating regulations on managing, updating, exploiting, using, and sharing the local notary database; provide written comments on cases of storing notary files outside the office premises of notary practice organizations;
d) Propose the Chairman of the Provincial People's Committee to appoint, reappoint, and dismiss notaries; recognize equivalence for those trained as notaries abroad in accordance with the law;
đ) Appoint, dismiss, and remove Notary Office Directors in accordance with the law; issue, reissue, and revoke Notary Cards; decide on temporary suspension of notary practice, termination of temporary cessation of Notary Office operations; manage notary practice internships in accordance with the law; coordinate with relevant agencies to monitor, inspect, and review the notary staff at the local level and notaries proposed for appointment by the Department of Justice to promptly identify notaries subject to dismissal according to the law; regularly tally and update lists of notaries automatically dismissed into the software managing notary activities of the Ministry of Justice, while posting this list on the Department of Justice's website;
e) Issue, reissue, and revoke Registration Certificates for Notary Offices; make decisions to suspend operations, terminate suspended operations of Notary Offices; record changes in the list of notary members who are general partners and the list of notary employees working under contract in Notary Offices; record changes in the Registration Certificate for Notary Office operations; provide information on the content of Notary Office operations in accordance with the law;
g) Designate a Notary Office or Notary Practice that meets the conditions to accept notarization file when the notary practice organization is dissolved or ceases operation according to the law; designate a notary practice organization to accept the files of a temporarily suspended Notary Practice when there is a request to correct technical errors in the notarized document, amend, supplement, terminate, revoke transactions, issue copies of notarized documents, notarize mortgage contracts according to the law; take the lead and coordinate with the Association of Notaries and relevant agencies and organizations to carry out the handover of notarization files;
h) Appoint representatives to witness the seizure and inspection of the office of the notary practice organization according to the law;
i) Approve the list of translation collaborators according to the law; guide, train professional skills and perform other tasks and powers regarding notarization and certification according to the law and the delegation and authorization of the Provincial People's Committee, Chairman of the Provincial People's Committee;
5. On forensic appraisal
a) Submit to the Chairman of the Provincial People's Committee for decision on granting permission and revoking the decision on granting permission to establish a Forensic Appraisal Office; change the form of operation, modify, and supplement the field of forensic appraisal of the Forensic Appraisal Office;
b) Issue, reissue, and revoke the Registration Certificate for the operation of the Forensic Appraisal Office; coordinate with specialized agencies under the Provincial People's Committee to submit to the Chairman of the Provincial People's Committee for the appointment, dismissal of local forensic appraisers;
c) Evaluate the organization and quality of forensic appraisal activities at the local level; propose solutions to ensure the quantity and quality of the forensic appraisal workforce according to the requirements of local litigation activities;
d) Take the lead and coordinate with specialized agencies under the Provincial People's Committee in assisting the Provincial People's Committee in managing the operations of the Forensic Appraisal Office; assist the Chairman of the Provincial People's Committee in deciding to issue, reissue, and revoke forensic appraiser cards; recognize and decide to revoke recognition of forensic appraisers by case, forensic appraisal organizations by case at the local level; organize legal knowledge training for local forensic appraisers;
6. On auctioning assets
a) Review and submit to the Chairman of the Provincial People's Committee for decision on issuing, reissuing, and revoking the certificate of auction business;
b) Issue, reissue, revoke, and change the content of the registration certificate for asset auction enterprises and branches of asset auction enterprises;
c) Organize reviews and approve online auction information websites according to the law;
d) Establish and post information about the organization and operation of asset auctions on the Department of Justice's electronic information website and send it to the Ministry of Justice for posting on the National Auction Portal according to the law;
7. On commercial mediation and commercial arbitration
a) Review and submit to the Chairman of the Provincial People's Committee for consideration and decision on issuing, reissuing, approving changes in the content of the license for establishing a Commercial Mediation Center, revoking the license for establishing a Commercial Mediation Center, approving changes in the content of the license for establishing foreign commercial mediation centers' branch offices and representative offices in Vietnam, revoking the license for establishing foreign commercial mediation centers' branch offices and representative offices in Vietnam; supplement commercial mediation activities for Arbitration Centers according to the law;
b) Review and submit to the Chairman of the Provincial People's Committee for consideration and decision on issuing, reissuing, changing the content of the license for establishing Arbitration Centers and foreign arbitration centers' branch offices and representative offices in Vietnam according to the law; approve the Statutes of Arbitration Centers;
c) Issue, reissue, register changes in content, and revoke the registration certificate for operation of Commercial Mediation Centers, Branches of Commercial Mediation Centers, Branches of Foreign Commercial Mediation Centers in Vietnam, Arbitration Centers, Branches of Arbitration Centers, Representative Offices of Foreign Arbitration Centers in Vietnam according to the law;
d) Register, establish, and remove the name of commercial mediation arbitrators from the list of commercial mediation arbitrators of the Department of Justice; update and publish the list of commercial mediation arbitrators and commercial mediation organizations on the Department of Justice's electronic information website;
đ) Update information about Arbitration Centers, Branches, Representative Offices of Arbitration Centers, Branches, Representative Offices of Foreign Arbitration Centers in Vietnam; provide information about registration for operation, establishment of Branches, Representative Offices of Arbitration Centers, Branches, Representative Offices of Foreign Arbitration Centers in Vietnam to state management agencies, organizations, and individuals requesting such information according to the law;
8. On receivers and the practice of managing and liquidating assets
a) Review and submit to the Chairman of the Provincial People's Committee for consideration and decision on issuing, reissuing, and revoking the certificate of practice for receivers;
b) Register the practice, publish the list of receivers, asset management and liquidation enterprises in the locality;
c) Temporarily suspend, extend, and revoke temporary suspension of the practice of asset management and liquidation for receivers, asset management and liquidation enterprises; remove the name of receivers, asset management and liquidation enterprises from the list of receivers, asset management and liquidation enterprises;
d) Review and identify cases requiring the revocation of the certificate of practice for receivers in the locality and propose to the Chairman of the Provincial People's Committee to revoke the certificate of practice for receivers according to the law;
9. Inspect and handle violations in the organization and operation in the supplementary judicial sector according to the law and the delegation and authorization of the People's Committee, Chairman of the People's Committee at the provincial level.
Article 7. On civil enforcement, administrative enforcement, and notaries
1. Assist the People's Committee at the provincial level in performing tasks and exercising powers regarding civil enforcement and administrative enforcement as prescribed by law and the regulations on cooperation between judicial agencies and local civil enforcement agencies issued by the Ministry of Justice.
2. On notaries
a) Submit to the Chairman of the People's Committee at the provincial level for appointment, reappointment, removal from office of notaries and recognition of equivalent vocational training for notaries abroad; verify information in the appointment and removal files of notaries; register practice, issue, reissue, and revoke Notary Cards; decide on temporary suspension of notary practice; compile lists of practicing notaries in the locality and issue Notary Cards in accordance with the law;
b) Take the lead and coordinate with departments and sectors to draft proposals for developing Notary Offices in the locality for approval by the People's Committee at the provincial level; receive, review, and process applications for establishment, transformation, merger, consolidation, transfer, and cessation of activities of Notary Offices;
c) Issue and revoke Certificates of Operation for Notary Offices; decide on temporary cessation of operations of Notary Offices; manage probationary practice of notaries in the locality in accordance with the law;
d) Establish a database on notarized evidence, register and manage the database on notarized evidence according to the guidelines of the Ministry of Justice;
đ) Monitor, guide, and inspect the organization and activities of notaries in accordance with the law.
Article 8. On management of work related to the implementation of laws on administrative violations
1. Propose the People's Committee at the provincial level to request competent authorities to study and handle provisions on administrative violations that are unfeasible, inconsistent with reality, or overlapping and contradictory during the implementation of laws on administrative violations.
2. Assist the People's Committee at the provincial level in providing specialized training, guidance, and inspection of work related to the implementation of laws on administrative violations as prescribed by law.
3. Assist the People's Committee and the Chairman of the People's Committee at the provincial level in reporting on the implementation of laws on administrative violations in the locality, compiling statistics, building a database on administrative violation handling within the scope of management of the locality, and integrating it into the national database on administrative violation handling as prescribed by law.
Article 9. On management of legal affairs work
1. Assist the People's Committee at the provincial level in managing legal affairs work in the locality as prescribed by law.
2. Inspect the legal affairs work of specialized agencies under the People's Committee at the provincial level.
3. Manage and provide professional guidance in legal affairs work for legal organizations of state-owned enterprises in the locality.
Article 10. On legal support for small and medium-sized enterprises
1. Draft and submit to the People's Committee at the provincial level for promulgation programs, plans, and proposals on legal support for small and medium-sized enterprises; act as the focal point for organizing the implementation of these programs, plans, and proposals.
2. Assist the People's Committee at the provincial level in establishing, managing, and utilizing a network of legal advisors in the locality as prescribed by law.
Article 11. Other Duties and Authorities
1. Assist the Provincial People's Committee in state management of international cooperation on law and judicial reform at the local level; implement international cooperation on law and judicial work as prescribed by law.
2. Assist the Provincial People's Committee in drafting and organizing the implementation of plans for professional training on judicial work and law for civil servants, public officials, organizations, and other individuals related to such matters as prescribed by law.
3. Inspect and handle violations by agencies, organizations, and individuals in the enforcement of laws within the jurisdiction of the Department of Justice according to the provisions of the law; receive citizens, resolve complaints and denunciations, prevent corruption, waste, and negative practices as prescribed by law.
4. Assist the Provincial People's Committee in managing associations and non-governmental organizations operating in fields under the jurisdiction of the Department of Justice as prescribed by law.
5. Guide and train specialized knowledge and skills within the scope of state management of the Department of Justice for specialized agencies, administrative organizations under the Provincial People's Committee, commune-level People's Committees, and relevant organizations and individuals as prescribed by law.
6. Organize research, application of scientific and technological progress, innovation, and digital transformation; build information systems and archives to serve state management and professional tasks in fields under the scope of state management of the Department of Justice.
8. Manage and be responsible for financial resources and assets assigned according to the law.
9. Implement information, statistics, and regular and ad hoc reports on the situation of task execution in assigned areas of work with the Provincial People's Committee, Ministry of Justice, and as prescribed by law.
10. Manage the activities of public and non-public service units under the jurisdiction of the Department of Justice as prescribed by law.
11. Perform other duties and authorities as delegated, authorized, and defined by competent authorities, Provincial People's Committee, Chairman of the Provincial People's Committee, and as prescribed by law.
Chapter II
FUNCTIONS, DUTIES, AND AUTHORITIES OF THE OFFICE
PEOPLE'S COUNCIL AND PEOPLE'S COMMITTEE AT THE COMMUNE LEVEL IN THE FIELD OF JUSTICE
PEOPLE'S COMMITTEE AT THE COMMUNE LEVEL IN THE FIELD OF JUDICIAL AFFAIRS
Article 12. Functions
Advise and assist the Commune People's Committee in state management of: lawmaking; organization of law enforcement; administrative justice; judicial support, and other judicial works as prescribed by law, implemented by the Office of the People's Council and People's Committee.
Article 13. Tasks and Authorities
1. Submit to the Commune People's Committee for issuance
a) Draft resolutions of the Commune People's Council, draft decisions of the Commune People's Committee related to the field of justice and other documents as assigned by the Commune People's Committee;
b) Draft development plans in the field; programs, measures to organize the implementation of tasks in the field of justice at the local level.
2. Submit to the Chairman of the Commune People's Committee documents within the authority of the Chairman of the Commune People's Committee in the field of justice as prescribed by law.
3. Implement normative legal documents, programs, plans, and other documents in the field of justice after approval by the competent authority.
4. Assist the Commune People's Committee in managing lawmaking work at the local level as prescribed by law and perform the following tasks:
a) Participate in drafting resolutions and decisions within the authority to issue of the Commune People's Council and Commune People's Committee drafted by other specialized agencies under the Commune People's Committee;
b) Provide opinions on draft resolutions of the Commune People's Council, draft decisions of the Commune People's Committee; review draft resolutions of the Commune People's Council submitted by the Commune People's Committee, draft decisions of the Commune People's Committee.
5. Regarding the organization of law enforcement
a) Assist the Commune People's Committee in monitoring, guiding professionally, inspecting work: reviewing, systematizing, handling normative legal documents; monitoring the enforcement of normative legal documents; popularizing and educating the law; grassroots mediation; standard access to the law as prescribed by law;
d) Enforce and monitor the enforcement of normative legal documents in the field of justice within the scope of state management of the Commune People's Committee;
đ) Assist the Commune People's Committee in self-inspecting documents when assigned; act as the focal point to help the Commune People's Committee consolidate, monitor, urge self-inspection of documents as prescribed by law;
e) Advise the People's Committee at the commune level to direct and urge the work of reviewing and systematizing regulatory legal documents at the local level; assist the People's Committee at the commune level in building and organizing the implementation of the systematization plan according to the law; compile, build, and submit to the People's Committee at the commune level for issuance the Decision on announcing the list of invalid and temporarily suspended legal documents;
g) Build and submit to the People's Committee at the commune level for issuance the program and plan for popularizing and educating the law, grassroots reconciliation, and organize the implementation after the program and plan have been issued;
h) Advise and assist the People's Committee at the commune level in monitoring and urging the implementation of policy communication work, draft regulatory legal documents prepared by agencies and organizations under the local administrative authority at the commune level according to the law; organize the implementation, monitor, urge, and reward the performance of law popularization and education work; implement Law Day of the Socialist Republic of Vietnam; evaluate and establish files to propose recognition of the commune meeting the standard of legal access at the local level according to the law;
i) Advise and assist the People's Committee at the commune level in organizing activities to promote grassroots reconciliation work, exemplary mediators, effective models, and efficient methods in this work; guide the operation of grassroots mediation teams; organize the construction of effective models of grassroots mediation according to the guidance of the People's Committee at the provincial level; examine and decide on support when mediators encounter accidents or risks affecting their health or lives while performing mediation activities according to the law;
k) Build, train, manage, and effectively utilize the team of legal propagandists and grassroots mediators according to the law.
6. Administrative Justice
a) Assist the People's Committee at the commune level in directing, monitoring, providing professional guidance, and inspecting the work of civil registration and adoption at the local level according to the law;
b) Assist the People's Committee at the commune level in implementing civil registration and resolving domestic adoptions according to the law; propose the Department of Justice to report to the Chairman of the People's Committee at the provincial level for decision on revoking and canceling civil registration documents, registered contents that contravene the law (except cases of illegal marriage);
c) Assist the People's Committee at the commune level in managing, updating, and utilizing the civil registration database; issue certified copies of birth certificates, extracts from civil registration records, and confirm civil registration information according to the law;
d) Assist the People's Committee at the commune level in managing and using Civil Registration Books, Adoption Registration Books, civil registration forms, and adoption forms; store Civil Registration Books, Adoption Registration Books, civil registration files, and adoption registration files according to the law.
7. Judicial Assistance
a) Assist the People's Committee at the commune level in directing, monitoring, providing professional guidance, and inspecting the work of certification and legal aid at the local level according to the law;
b) Assist the Chairperson and Deputy Chairperson of the People's Committee at the commune level in issuing certified copies from original contracts and transactions that have been certified, certifying copies of documents, electronic copies from originals, and certifying signatures (including translator signatures) and certifying contracts and transactions within the jurisdiction of the People's Committee at the commune level according to the law;
c) Assist the People's Committee at the commune level in managing and using the Certification Book; store the Certification Book, certification files according to the law;
d) Assist the People's Committee at the commune level in checking the qualifications and conditions of translation volunteers, compiling a list of translation volunteers, reporting to the Department of Justice for approval; assist the Chairperson of the People's Committee at the commune level in publicly posting the approved list of translation volunteers at the People's Committee office;
đ) Assist the People's Committee at the commune level in explaining the right to legal aid for those eligible for legal aid and referring them to the State Legal Aid Center or its branch during the execution of tasks related to citizens;
8. Management of the Implementation of Laws on Administrative Violations
a) Propose the People's Committee at the commune level to request competent authorities to study and handle unfeasible, unsuitable, overlapping, or contradictory provisions on administrative violations during the implementation of laws on administrative violations;
b) Assist the People's Committee at the commune level in training, providing professional guidance, and inspecting the implementation of laws on administrative violations in areas under local management according to the law;
c) Assist the People's Committee and the Chairperson of the People's Committee at the commune level in reporting on the implementation of laws on administrative violations, statistics on administrative violations in areas under local management.
9. Execution of Civil Judgments and Administrative Decisions:
a) Assist the People's Committee at the commune level in posting relevant documents concerning the execution of civil judgments; verify the conditions for executing civil judgments of judgment debtors at the local level;
b) Advise and assist the People's Committee at the commune level in coordinating the organization of forced execution of civil judgments according to the law;
c) Advise and assist the People's Committee at the commune level in directing specialized agencies under the People's Committee at the commune level to strictly execute administrative decisions; direct the execution of administrative decisions in complex cases affecting economic and social conditions and public security in the locality; report to the People's Committee at the provincial level and the provincial civil enforcement agency about the situation and results of administrative decision execution in the locality.
10. Assist the People's Committee at the commune level in providing professional guidance and training on judicial work for specialized agencies, other administrative organizations, civil servants under the People's Committee at the commune level, and other related organizations and individuals according to the law.
11. Organize the application of science and technology; build information systems and archives serving state management in the field of justice under the jurisdiction of the People's Committee at the commune level.
12. Perform information dissemination, statistics, regular and urgent reporting on the implementation of assigned tasks to the People's Committee at the commune level, the Department of Justice, and in accordance with the provisions of the law.
13. Inspect the enforcement of laws in judicial fields for organizations and individuals in the locality; handle complaints and denunciations; prevent and combat corruption and waste in the judicial field in the locality according to the division of work by the People's Committee at the commune level and the provisions of the law.
14. Carry out other tasks according to the分级任务,保持每个翻译独立成行,请继续处理剩余部分。这里直接从编号4开始翻译:
Chapter III
IMPLEMENTATION
Article 14. Effective Date
1. This Circular takes effect from July 1, 2025.
This Circular replaces Circular No. 07/2020/TT-BTP dated December 21, 2020 issued by the Minister of Justice guiding the functions, tasks, and authorities of the Department of Justice under the People's Committee at the provincial level and the Judicial Division under the People's Committee at the district level.
2. The provisions of Clause 2, Article 5; Clause 2, Point e, Clause 3; Clause 4, Clause 6, Clause 7, Article 6; Clause 2, Article 7; Article 10; Point i, Clause 5, Clause 6, Article 13; Clause 7, Article 13 of this Circular shall cease to be effective from March 1, 2027, except for the following cases:
a) Decree No. 120/2025/NĐ-CP dated June 11, 2025 of the Government on the division of authority of local governments at two levels in the field of state administration of the Ministry of Justice, and Decree No. 121/2025/NĐ-CP dated June 11, 2025 of the Government on the delegation and decentralization in the field of state administration of the Ministry of Justice are extended in their application in whole or in part, including the provisions related to this Circular being allowed to extend the period of application.
b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister that provide for the authority and responsibility of state management as stipulated in this Circular, if passed or promulgated from July 1, 2025 and become effective before March 1, 2027, then the corresponding provisions in this Circular shall cease to be effective at the time these legal documents come into force.
Article 15. Responsibility for Implementation
1. The People's Committee at the provincial level shall be responsible for:
Based on the characteristics and development situation of the economy and society of the locality, decide on the establishment, reorganization, dissolution of public service units under the Department of Justice in accordance with the law, ensuring consistency with the planning network of public service units of the judicial sector approved by the Prime Minister and guidelines of the Ministry of Justice and the Ministry of Home Affairs.
b) Direct and guide the People's Committee at the commune level to specify the functions, tasks, authorities, organization, and staffing to implement judicial work at the commune level to meet the assigned requirements.
c) Direct the Department of Justice, the Department of Home Affairs, and the People's Committee at the commune level to promptly review to build or amend and supplement, examine the job position plan and the cadre structure of the Department of Justice and the job position plan in public service units under the Department of Justice in accordance with the regulations; carry out the review of the staffing of cadres and civil servants to report to the People's Committee at the provincial level to propose the competent authority to allocate and adjust the staffing of civil servants and the number of personnel working for the Department of Justice to ensure the implementation of tasks in accordance with the law.
d) Regularly 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 and civil servants engaged in judicial work at the commune level, and the organizational and cadre situation of legal systems in specialized agencies under the People's Committee at the provincial level in accordance with the law.
2. The Chairman of the People's Committee at the provincial level is responsible for organizing and implementing this Circular. During the implementation process, if there are difficulties or need for supplementation or amendment, the People's Committee at the provincial level shall report to the Ministry of Justice for consideration and resolution within its authority./.
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Place of Receipt: |
THE MINISTER |
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