Decision No. 12/2008/QD-BNN on the functions, tasks, powers, and organizational structure of the Legal Department

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure of the Legal Affairs Department

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and organization of legal affairs for Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises;

Pursuant to Article 16 of Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Director of the Department of Personnel Organization,

DECISION:

Article 1. Position and Functions

The Legal Affairs Department is the advisory and consolidating body assisting the Minister in performing state management functions in the agricultural and rural development sectors through laws governing agriculture, forestry, salt industry, fisheries, irrigation, and rural development within the scope of the Ministry’s state management.

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. On legislative drafting:

a) Take the lead and coordinate with relevant agencies and units in establishing long-term, annual plans for legislative drafting, and monitor, urge, supervise, and inspect the implementation of programs and plans after approval;

b) Draft normative legal documents within the scope assigned by the Minister;

c) Lead the legal review of draft normative legal documents within the Minister's authority to issue and joint normative legal documents drafted by other units within the Ministry before submitting them to the Minister for approval, according to the regulations. For normative legal documents drafted by the Department, the review process shall be conducted through a committee mechanism;

d) Lead or coordinate with relevant units to prepare materials and files for draft normative legal documents within the higher authority's issuance scope for the Minister to request organizations, agencies, or individuals to provide comments, request the Ministry of Justice to review, and submit to the Government;

đ) Lead or coordinate with relevant units to assist the Minister in providing opinions on draft normative legal documents sent by the Office of the Government for comments from Government members; by Ministries, ministerial-level agencies, government agencies, or localities for comments;

2. On reviewing and systematizing normative legal documents:

a) Lead and coordinate with relevant units in developing plans for reviewing and systematizing normative legal documents related to the sector and field under the Ministry's management, and monitor, urge, supervise, and inspect the implementation of these plans after approval;

b) Review and systematize normative legal documents within the scope assigned by the Minister;

c) Summarize and present to the Minister proposals for handling the results of reviewing normative legal documents;

3. On inspecting normative legal documents:

a) Lead and coordinate with relevant units in developing plans for inspecting normative legal documents issued by the Minister or jointly issued by the Minister, or by other ministries, sectors, provincial People's Councils, or municipal People's Committees directly under the central government that relate to the sector and field under the Ministry's management, and monitor, urge, supervise, and inspect the implementation of these plans after approval;

b) Inspect and report on the results of inspecting normative legal documents related to the sector and field under the Ministry's management as assigned by the Minister;

c) Summarize and report on the inspection results of normative legal documents and propose to the Minister for consideration and handling of documents violating the law;

4. On disseminating and educating about the law:

a) Lead and coordinate with relevant units in developing plans for disseminating and educating about the law within the scope of the Ministry's state management, and monitor, urge, supervise, and inspect the implementation of these plans after approval;

b) Organize dissemination and education about the law within the scope assigned by the Minister;

c) Serve as the permanent body of the Ministry's Coordination Council for Dissemination and Education about the Law;

5. On inspecting the implementation of the law:

a) Lead and coordinate with relevant units in developing plans for inspecting the implementation of the law within the scope of the Ministry's state management, and monitor, urge, supervise, and inspect the implementation of these plans after approval;

b) Inspect the implementation of the law within the scope assigned by the Minister;

c) Summarize the inspection results of units under the Ministry regarding the situation of implementing the law in the sector and field under the Ministry's management;

d) Participate in providing opinions on documents dealing with violations of the law in the sector and field under the Ministry's management as assigned by the Minister;

6. Lead or coordinate with relevant units in developing, inspecting, evaluating, and summarizing the implementation of mechanisms and policies within the scope of the Ministry's state management as assigned by the Minister;

7. Participate in reviewing international projects and agreements; proposals for establishing, restructuring, or dissolving units under the Ministry as assigned by the Minister or at the request of organizations with project and proposal review functions;

8. Participate in the Review Committee and Acceptance Committee for programs, proposals, basic investigation projects, planning projects, investment and development projects in agriculture, forestry, fisheries, salt industry, irrigation, and rural development as assigned by the Minister;

9. Guide organizations and individuals on normative legal documents within the scope of the Ministry's state management when requested, in accordance with the law;

10. Implement international cooperation tasks on law as assigned by the Minister;

11. Provide guidance on legal affairs work for units under the Ministry;

12. Manage the civil servant workforce, files, assets, and other resources allocated according to regulations;

13. Perform other tasks assigned by the Minister;

Article 3. Organizational Structure

1. Leadership of the Department: The leadership of the Department consists of the Director and Deputy Directors appointed and relieved of duty by the Minister of Agriculture and Rural Development in accordance with regulations. The Director manages the Department's activities, is responsible to the Minister of Agriculture and Rural Development and the law for the Department's activities. Deputy Directors assist the Director in overseeing certain aspects of work as delegated by the Director and are responsible to the Director and the law for the tasks assigned.

2. Civil servants of the Department shall be responsible for performing the assigned tasks; they shall have obligations and rights as prescribed by law. The Director of the Department shall be responsible for directing the development, issuance, and implementation of the Department's Rules of Operation; and arranging civil servants in accordance with their positions, standards, job descriptions, and assigned tasks.

Article 4. Effective date

This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The Decision number 85/2003/QĐ-BNN dated September 4, 2003, issued by the Minister of Agriculture and Rural Development regarding the functions, tasks, powers, and organizational structure of the Legal Affairs Department, and any previous provisions that conflict with this Decision are hereby repealed.

Article 5. Responsibilities for Implementation

The Director of the Legal Affairs Department, the Head of the Ministry’s Office, the Directors of Departments, the Heads of Bureaus, the Inspector General of the Ministry, and the Heads of related agencies and units shall be responsible for implementing this Decision.