Decree No. 40/2025/NĐ-CP stipulates the functions, tasks, powers, and organizational structure of the Ministry of Justice. Accordingly, the main tasks of the Ministry of Justice include drafting legal normative documents, managing civil enforcement proceedings, disseminating and educating about the law, supervising administrative procedures, international cooperation in law, and judicial reform, etc. The Ministry consists of 20 subordinate units, including 17 administrative organizations and 3 public service units.
적용 범위
Ministry of Justice
핵심 사항
- The directive, supervision, professional guidance, inspection of notary activities continue to be implemented until the Civil Enforcement Act No. 106/2025/QH15 comes into effect.
- The state management function regarding judicial assistance and serving as the focal point for implementing judicial assistance in civil matters continues to be implemented until the Civil Judicial Assistance Act No. 102/2025/QH15 comes into effect.
- The Administrative Procedure Supervision Department will carry out the task of supervising administrative procedures from the date when the Minister's decision on the functions, tasks, and organizational structure of this Department takes effect.
- This Decree replaces Decree No. 39/2025/NĐ-CP dated February 26, 2025.
- Effective from January 10, 2026
🌐 이 문서의 사회적 영향
- Enhance the effectiveness of state management in the field of law
- Strengthen international cooperation in law and judicial reform
- Ensure the implementation of new provisions of the Civil Enforcement Act and the Civil Judicial Assistance Act
❓ 자주 묻는 질문
How many subordinate units does the Ministry of Justice have?
The Ministry of Justice has 20 subordinate units, including 17 administrative organizations and 3 public service units.
Which Decree does this Decree replace?
Decree No. 40/2025/NĐ-CP replaces Decree No. 39/2025/NĐ-CP dated February 26, 2025 issued by the Government.
When does this Decree take effect?
This Decree takes effect from January 10, 2026.
전문
| THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM |
INDEPENDENCE - FREEDOM - HAPPINESS SOCIALIST REPUBLIC OF VIETNAM |
| Decree No.: 09/2026/NĐ-CP | Hanoi, January 10, 2026 |
DECREE
Qetermines the functions, tasks, powers
and organizational structure of the Ministry of Justice Judicial Affairs
Pursuant to the Law on Government Organization No. 63/2025/QH15;
At the proposal of the Minister of Justice;
The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.
Article 1. Position and Functions
The Ministry of Justice is an agency of the Government, performing the function of state management over: Legal system construction; organization of legal implementation; civil enforcement; administrative judicial affairs; judicial support; legal affairs work; administrative procedure supervision; state management of public services and public utilities within the scope of the Ministry's state management.
Article 2. Tasks and Powers
The Ministry of Justice performs the tasks and powers as prescribed by the Law on Government Organization, the Government’s regulations on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:
1. Submitting to the Government draft laws, resolutions of the National Assembly; draft ordinances, resolutions of the Standing Committee of the National Assembly; draft decrees, resolutions of the Government; draft decisions of the Prime Minister in fields under its jurisdiction according to the annual legislative program and plan that has been approved, and other projects and programs assigned by the Government and the Prime Minister.
2. Submitting to the Government and the Prime Minister strategies, plans, programs, and annual development plans for five years and important national projects; submitting to the Prime Minister draft decisions and directives on fields under the Ministry's state management.
3. Issuing circulars, decisions, directives, and other documents within the scope of the Ministry's state management.
4. Directing, supervising, guiding professionally, inspecting, and organizing the implementation of normative legal documents, strategies, plans, programs, projects, and programs already approved within the scope of the Ministry's state management.
5. Directing and organizing the implementation of information technology application, digital transformation; developing digital infrastructure and ensuring information security; building an electronic government and a digital government; managing, developing, connecting, sharing, and exploiting data and information within the scope of the Ministry's state management; building, managing, and operating the National Law Portal in accordance with the law.
6. Regarding legal system construction:
a) Submitting to the Government draft strategies and proposals for building and perfecting the legal system;
b) Drafting the Government's proposed legislative program for issues within the scope of the Government's functions, tasks, and powers; proposing the lead agency and coordinating agencies for drafting laws, ordinances, and resolutions to be submitted to the Prime Minister for decision;
c) Reviewing, participating in building, and providing opinions on policy proposals and draft normative legal documents in accordance with the law and assignments from the Government and the Prime Minister;
d) Compiling the list of detailed regulations on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President to be submitted to the Prime Minister for decision; notifying provincial People's Councils, Provincial People's Committees about the list of contents delegated to localities for detailed regulations;
đ) Building and issuing or submitting to competent authorities for issuance of technical regulations on drafting normative legal documents; implementing training, capacity building, and instruction to build a professional team of drafters of normative legal documents in accordance with the law;
e) Directing, supervising, guiding professionally, inspecting the work of legal system construction in accordance with the law.
7. Regarding the organization of legal implementation:
a) Advising the Government and the Prime Minister on measures to organize legal implementation, implementing measures to organize legal implementation in accordance with the law and assignments from the Government and the Prime Minister;
b) Directing, supervising, guiding professionally, inspecting the implementation of tasks such as legal education and dissemination; inspection; review, systematization, consolidation of normative legal documents; codification of legal norms; monitoring the implementation of normative legal documents; administrative violation handling; access to information; grassroots mediation; evaluation and recognition of communes, wards, and special economic zones meeting legal access standards in accordance with the law;
c) Performing the duties of the central steering committee for legal education and dissemination, recognizing and removing legal advisors in accordance with the law;
d) Assisting the Government and the Prime Minister in self-inspecting documents issued by the Government and the Prime Minister or jointly issued in accordance with the law; assisting the Government in inspecting normative legal documents issued by ministers, heads of ministerial-level agencies, provincial People's Councils, provincial People's Committees, and local governments in special administrative-economic zones in accordance with the law; assisting the Government in inspecting content in the field of management of ministries and ministerial-level agencies in joint circulars between ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy, and the State Auditor General; recommending handling of documents contrary to the law in accordance with the law;
đ) Reviewing items in the Code of Laws; updating and removing legal norms and new items in the Code of Laws; submitting to the Government for approval of the results of codifying topics in the Code of Laws and adding new topics to the Code of Laws; submitting to the Prime Minister for approval of adding new items in accordance with the law;
e) Leading, managing, upgrading, and operating the Information System for Receiving and Processing Feedback and Proposals on Normative Legal Documents; guiding, supervising, and urging agencies to receive and process feedback and proposals;
g) Providing detailed regulations on reviewing and evaluating the implementation of laws in accordance with the law; advising the Government and the Prime Minister on handling the results of monitoring the implementation of laws within their decision-making authority; providing opinions on the application of normative legal documents in accordance with assignments from the Government and the Prime Minister;
h) Assisting the Government in uniformly managing the implementation of laws on administrative violations throughout the country in accordance with the law;
i) Assisting the Government in uniformly managing the state administration of legal support for small and medium-sized enterprises throughout the country in accordance with the law.
8. Regarding civil enforcement and administrative enforcement:
a) Directing, supervising, guiding professionally, inspecting civil enforcement and administrative enforcement in accordance with the law;
b) Managing the organization and activities of civil enforcement agencies and enforcement officers in accordance with the law;
c) Ensuring funding, material resources, and equipment for civil enforcement and administrative enforcement in accordance with the law.
9. Regarding administrative judicial affairs:
a) Directing, supervising, guiding professionally, inspecting the implementation of tasks such as civil status registration, nationality, adoption; registering security measures, transactions, and other assets within its jurisdiction; state compensation in accordance with the law;
b) Handling procedures for requesting Vietnamese citizenship, returning to Vietnamese citizenship, renouncing Vietnamese citizenship, revoking decisions on granting Vietnamese citizenship, revoking decisions on restoring Vietnamese citizenship, and matters related to civil status and nationality in accordance with the law;
c) Performing the central agency's tasks regarding international adoption in Vietnam; handling matters concerning adoption involving foreign elements; issuing, extending, amending, and revoking licenses for foreign adoption organizations and managing foreign adoption offices in Vietnam in accordance with the law;
d) Managing registration agencies and activities, providing information on security measures, transactions, and other assets, and the online registration system for security measures in accordance with the law;
d) Implement state compensation work in accordance with the provisions of the law.
10. On judicial support services:
a) Direct, monitor, provide professional guidance, inspect the organization and activities of lawyers, legal counseling, legal aid, notarization, authentication, forensic examination, auctioning of assets, commercial arbitration, commercial mediation, bankruptcy administrators nationwide in accordance with the provisions of the law;
b) Issue, extend, revoke licenses in the field of judicial support services and appoint, reappoint, and remove from office judicial support positions as stipulated by the law;
c) Carry out legal aid work in accordance with the provisions of the law.
11. On legal system work:
Monitor, provide professional guidance, inspect legal system work of ministries, sectors, localities, state-owned enterprises, public service units in accordance with the provisions of the law.
12. On administrative procedure supervision:
a) Guide, monitor, urge, and inspect the implementation of administrative procedure supervision work of ministries, sectors, provincial People's Committees; compile the situation and results of implementation, report to the Government and the Prime Minister;
b) Take the lead in implementing tasks related to administrative procedure reform and the single window mechanism in handling administrative procedures at state administrative agencies; communication work on administrative procedure reform;
c) Recommend the Government and the Prime Minister to assign ministries, sectors, provincial People's Committees to study, propose, or proactively study and propose policies, solutions, and initiatives for administrative procedure reform and relevant regulations; evaluate and handle the results of administrative procedure reviews in accordance with the law;
d) Take the lead and coordinate with ministries, sectors, provincial People's Committees, and related agencies and organizations to promptly establish, manage, and operate the National Database on Administrative Procedures; implement related tasks assigned by the Government and the Prime Minister;
d) Promptly receive and process feedback and recommendations from organizations and individuals regarding administrative regulations within the management scope of the Government, the Prime Minister, and state administrative agencies in accordance with the law;
e) Take the lead in guiding and urging ministries, sectors, and provincial People's Committees in handling administrative procedures electronically;
g) Fully and effectively perform the standing advisory council's tasks on administrative procedure reform;
13. On institutional building, international law, and international investment disputes:
a) Lead in signing and implementing international treaties within the scope of the Ministry's management;
b) Review, provide comments, and participate in negotiating international treaties and agreements in accordance with the law;
c) Serve as the legal representative of the Government in resolving international investment disputes based on international investment treaties; participate in addressing emerging international legal issues during Vietnam's integration process; issue legal opinions in accordance with the law;
d) Assist the Government in managing international judicial assistance in civil matters in accordance with the law;
d) Serve as the central agency for implementing international judicial assistance in civil matters; the national central agency for enforcing the International Covenant on Civil and Political Rights (ICCPR); the national central agency for implementing the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards; the national agency in relations with members and the permanent bureau of the Hague Conference on Private International Law, and central agencies in international treaties on judicial assistance in civil matters and other international treaties as assigned by competent authorities;
14. On international cooperation in law and judicial reform:
a) Direct, monitor, provide professional guidance, inspect international cooperation in law and judicial reform in accordance with the law; carry out international cooperation and external information dissemination work in areas under the Ministry of Justice's management in accordance with the law;
b) Propose the signing and implementation of international treaties and agreements on law and judicial reform within the scope of the Ministry's management;
c) Propose joining and participating in international organizations; serve as the central agency for Vietnam in relations with international judicial and legal organizations of which Vietnam is a member, as assigned by the Government and the Prime Minister;
15. On administrative reform:
a) Monitor and compile the implementation of institutional reform tasks; carry out tasks to innovate and improve the quality of legislative work and issuance of regulatory legal documents;
b) Decide and organize the implementation of the Ministry's administrative reform plan according to the goals and content of the State administrative reform program approved by the Prime Minister;
16. Issue, manage, and uniformly guide the use of forms, documents, and ledgers in areas under the Ministry's management in accordance with the law; carry out reporting, statistics, and archival work on materials and data in areas under the Ministry's management in accordance with the law;
17. Manage associations, non-governmental organizations, and public service enterprises in areas under the Ministry's management in accordance with the law;
18. Conduct inspection, specialized inspection, complaint resolution, citizen reception, anti-corruption, thrift, and negative behavior handling, and punishment of violations of the law in areas under the Ministry's management in accordance with the law;
19. Direct and organize scientific research work, development, and application of research results in areas under the Ministry's management;
20. Organize legal education and training, and professional development for judicial positions and judicial support positions in accordance with the law;
21. Manage organizational structure, job positions, staffing, civil servants, public officials, employees, and implement salary systems, benefits, rewards, disciplinary actions, and professional training for civil servants, public officials, and employees under the Ministry's management in accordance with the law;
22. Manage financial resources, assets, and public investment assigned and organize their implementation in accordance with the law;
23. Perform other tasks and powers delegated by the Government and the Prime Minister and as stipulated by the law.
Article 3. Organizational Structure
1. Department of Legislative Drafting.
2. Department of Organization and Cadres.
3. Department of International Cooperation.
4. Office of the Ministry.
5. Enforcement Agency for Civil Judgments.
6. Bureau of Criminal and Administrative Law and Administrative Violation Management.
7. Bureau of Civil and Commercial Law.
8. Bureau of International Law and International Investment Dispute Resolution.
9. Bureau of Legal Text Inspection and Legal Implementation Organization.
10. Bureau of Legal Propaganda, Education, and Legal Aid.
11. Administrative Justice Bureau.
12. Registration and Guarantee Transactions Bureau and State Compensation Bureau.
13. Judicial Assistance Bureau.
14. Administrative Procedure Control Bureau.
15. Planning and Finance Bureau.
16. Information Technology Bureau.
Institute of Legal Strategy and Science.
18. Academy of Judicial Administration.
Journal of Democracy and Law.
20. Vietnam Law Newspaper.
The organizations specified from Clause 1 to Clause 16 of this Article are administrative agencies assisting the Minister in performing state management functions; the organizations specified from Clause 17 to Clause 20 of this Article are public service units serving state management under the ministry.
The Department of Legislative Drafting has three divisions, the Department of Organization and Cadres has four divisions, and the Department of International Cooperation has three divisions.
The Minister of Justice shall stipulate the functions, tasks, powers, and organizational structure of the units under the ministry and submit to the Prime Minister for issuance the list of other public service units under the ministry..
Article 4. Transitional Provisions
1. The task of directing, supervising, guiding professional matters, inspecting notary work; managing organization and activities of notaries shall continue to be implemented until the Civil Execution Law No. 106/2025/QH15 takes effect.
2. The task of state management on judicial assistance and being the focal point for civil judicial assistance shall continue to be implemented until the Civil Judicial Assistance Law No. 102/2025/QH15 takes effect.
3. The Department of Criminal and Administrative Law, the Department of Civil and Commercial Law, the Department of International Law, and the Bureau of Legal Text Inspection and Administrative Violation Management shall continue to perform their tasks and powers as prescribed by law until the decision of the Minister of Justice stipulating the functions, tasks, powers, and organizational structure of the Bureau of Criminal and Administrative Law and Administrative Violation Management, the Bureau of Civil and Commercial Law, the Bureau of International Law and International Investment Dispute Resolution, and the Bureau of Legal Text Inspection and Legal Implementation Organization takes effect.
4. The Bureau of Administrative Procedure Control shall implement its tasks and powers regarding administrative procedure control as prescribed in this Decree from the date the decision of the Minister of Justice stipulating the functions, tasks, powers, and organizational structure of the Bureau of Administrative Procedure Control takes effect.
Article 5. Effective Date
1. This Decree takes effect from January 10, 2026.
2. This Decree replaces Government Decree No. 39/2025/NĐ-CP dated February 26, 2025, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.
Article 6. Responsibility for Implementation
The Minister of Justice, ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.
| PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (Signed) Ho Quoc Dung |
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