Decree No. 122/2004/ND-CP on the functions, tasks, powers, and organization of legal affairs units of ministries, ministerial-level agencies, government agencies, specialized agencies under provincial people's committees, and state-owned enterprises.

DECREE

Regulations on functions, tasks, powers, and legal affairs organization of Ministries, ministerial-level agencies,

specialized agencies under the Government, specialized agencies under provincial People's Committees,

municipal inspectorate under central-level municipalities and state-owned enterprises

 _________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Legislative Regulatory Documents dated November 12, 1996, and Law No. 02/2002/QH11 dated December 16, 2002 amending and supplementing certain articles of the Law on Legislative Regulatory Documents;

At the proposal of the Minister of Justice and the Minister of Home Affairs,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

This Decree stipulates the functions, tasks, powers, and legal affairs organization of Ministries, ministerial-level agencies, specialized agencies under the Government, specialized agencies under provincial People's Committees (hereinafter referred to collectively as provincial People's Committees), and state-owned enterprises.

Article 2. Functions of the legal affairs organization

1. The legal affairs organization of Ministries, ministerial-level agencies, specialized agencies under the Government, and specialized agencies under provincial People's Committees has the function of assisting the Minister, Head of a ministerial-level agency, Head of a specialized agency under the Government, and Head of a specialized agency under a provincial People's Committee in managing their respective sectors and fields through law; organizing the implementation of legislative work, reviewing, revising, systematizing regulatory documents, inspecting regulatory documents, disseminating and educating about laws, inspecting the enforcement of laws, and performing other assigned tasks.

2. The legal affairs organization of state-owned enterprises has the function of assisting the Board of Directors, General Director, and Director of the enterprise on legal issues and other matters related to the enterprise's operations.

Chapter II

TASKS AND POWERS OF THE LEGAL AFFAIRS ORGANIZATION

Article 3. Tasks and powers of the legal affairs organization of Ministries, ministerial-level agencies

1. In legislative work:

a) Taking the lead and coordinating with relevant units in drafting the annual and long-term legislative program and organizing its implementation, upon submission to the Minister and Head of a ministerial-level agency;

b) Taking the lead or participating in drafting regulatory documents according to the assignment of the Minister and Head of a ministerial-level agency;

c) Reviewing or providing legal opinions on draft regulatory documents prepared by other units within the Ministry or ministerial-level agency before submission to the Minister and Head of a ministerial-level agency;

d) Taking the lead and coordinating with relevant units in preparing files for draft regulatory documents to be submitted by the Minister and Head of a ministerial-level agency to organizations and agencies for comments, to the Ministry of Justice for review, and to the Government and Prime Minister;

đ) Taking the lead and coordinating with relevant units in assisting the Minister and Head of a ministerial-level agency in providing comments on draft regulatory documents sent for comments by the Ministry, ministerial-level agency, specialized agency under the Government, or localities;

2. In the work of reviewing and systematizing regulatory documents:

a) Taking the lead and coordinating with relevant units in organizing the review and systematization of regulatory documents related to the management field of the Ministry or ministerial-level agency;

b) Submitting to the Minister and Head of a ministerial-level agency proposals for handling the results of the review of regulatory documents;

3. In inspecting regulatory legal documents:

a) Taking the lead and coordinating with relevant units in assisting the Minister and Head of a ministerial-level agency in inspecting and handling regulatory documents in accordance with the provisions of the law;

b) Reporting the results of the inspection of regulatory documents to the Minister and Head of a ministerial-level agency and sending them to the Minister of Justice; coordinating with units under the Ministry of Justice to organize the inspection of regulatory documents;

4. In disseminating and educating about the law, inspecting the enforcement of laws:

a) Taking the lead and coordinating with relevant units in organizing the dissemination and education of laws;

b) Coordinating with relevant units in inspecting the enforcement of laws at the Ministry, ministerial-level agency, within the sector, and field; monitoring and urging the enforcement of laws, summarizing practical experiences in enforcing laws within the sector and field;

c) Participating in opinions on handling violations of laws in the sector.

5. Providing professional guidance to the legal affairs organization of General Departments, Bureaus, and state-owned enterprises where the Ministry or ministerial-level agency is the representative owner of the State's capital in the enterprise.

6. Performing other tasks assigned by the Minister and Head of a ministerial-level agency.

Article 4. Tasks and Authorities of Legal Departments of Government Agencies

1. In legislative work:

a) The legal department of a government agency shall perform certain tasks and management authorities regarding the industry or field under its responsibility:

- Proposing the annual and long-term legislative construction program of the agency to be submitted to the head of the agency;

- Leading or participating in drafting draft normative legal documents according to the division of labor by the head of the agency;

- Reviewing or providing legal opinions on draft documents prepared by other units before submitting them to the head of the agency; coordinating with related units to prepare files for draft normative legal documents before the head of the agency requests other organizations or agencies to provide comments, sends to the Ministry of Justice for review, and submits to the Government or the Prime Minister;

- Leading or participating with related units in assisting the head of the agency in providing comments on draft normative legal documents sent for solicitation of opinions from Ministries, ministerial-level agencies, governmental agencies, or localities;

b) The legal department of a government agency, in performing public service responsibilities, shall lead or participate with related units in assisting the head of the agency in providing comments on draft normative legal documents sent for solicitation of opinions from Ministries, ministerial-level agencies, governmental agencies, or localities;

2. In the work of reviewing and systematizing regulatory documents:

a) Leading and coordinating with related units to organize reviews and systematization of normative legal documents related to the management and activities of the agency;

b) Submitting to the head of the agency proposals for handling the results of reviewing normative legal documents;

3. In the work of popularizing, educating about laws, and inspecting the implementation of laws:

a) Leading and coordinating with related units to organize the popularization and education about laws;

b) Coordinating with the Inspectorate of the agency to organize inspections of the implementation of laws within the agency; monitoring, urging, and inspecting the implementation of laws, summarizing practical experiences in implementing laws in the industry or field;

c) Participating in opinions on handling violations of laws in the industry or field;

4. Assisting the head of the agency in inspecting normative legal documents in accordance with the provisions of the law;

5. Providing professional guidance to legal departments of state-owned enterprises where the government agency represents the state's ownership interest;

6. Performing other tasks assigned by the head of the agency.

Article 5. Tasks and Authorities of Legal Departments of Specialized Agencies Decree provincial people's committee

1. In legislative work:

a) Advising the head of the specialized agency in proposing and recommending to the provincial people's committee to issue normative legal documents to manage the specialized sector at the local level;

b) Leading or participating in drafting normative legal documents to be submitted to the head of the agency;

c) Participating in providing legal opinions on draft normative legal documents prepared by other units before they are submitted to the head of the agency;

d) Assisting the head of the specialized agency in preparing documents for comments on draft normative legal documents sent for solicitation of opinions from other agencies;

đ) Assisting the head of the specialized agency in preparing recommendations to competent state agencies regarding the issuance, amendment, or supplementation of normative legal documents related to the specialized management field at the local level;

2. Organizing reviews and systematization of normative legal documents related to the specialized management field of the specialized agency and proposing solutions for handling the results of reviewing normative legal documents;

3. In inspecting regulatory legal documents:

a) Assisting the head of the specialized agency in coordinating with the Department of Justice to inspect normative legal documents in accordance with the provisions of the law;

b) Preparing reports on the results of inspecting normative legal documents for the head of the specialized agency to report to the Chairman of the provincial people's committee and send to the Director of the Department of Justice;

4. In disseminating and educating about the law, inspecting the enforcement of laws:

a) Leading or participating with related units to organize the popularization and education about laws;

b) Coordinating with the Inspectorate of the agency to inspect the implementation of laws, internal regulations, and rules of the agency, urging, monitoring, and inspecting the implementation of laws, internal regulations, and rules of the agency;

c) Participating in opinions on handling violations of laws, internal regulations, and rules of the agency;

5. Performing other tasks assigned by the head of the specialized agency.

Article 6. Tasks and authorities of the legal affairs organization in state-owned enterprises

1. Assist the Board of Directors, General Director, and Director of the enterprise on legal issues related to the operation of the enterprise.

2. Assist the Board of Directors, General Director, and Director of the enterprise in protecting the legitimate rights and interests of the enterprise and the legitimate rights and interests of employees.

3. Promote, disseminate, and educate laws, internal regulations, and rules of the enterprise to staff and employees; coordinate with departments and mass organizations to inspect the implementation of laws, internal regulations, and rules, and propose measures to address violations.

4. Assist the Board of Directors, General Director, and Director of the enterprise in preparing comments on draft normative legal documents sent for opinions by state agencies; make recommendations to competent state agencies regarding amendments and supplements to normative legal documents.

5. Provide legal opinions on draft economic contracts and documents drafted by other units within the enterprise before submitting them to the Board of Directors, General Director, and Director of the enterprise.

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

Chapter III

LEGAL AFFAIRS ORGANIZATION

Article 7. Legal Affairs Organizations of Ministries and Equivalent Ministries

1. Ministries and Equivalent Ministries shall have Legal Affairs Departments. The establishment and dissolution of Legal Affairs Departments at Ministries and Equivalent Ministries shall be decided by the Prime Minister based on the proposal of the Minister or Head of the Equivalent Ministry.

In special cases, for some Ministries and Equivalent Ministries with unique characteristics, the model of the legal affairs organization shall be decided by the Prime Minister.

2. Legal Affairs Departments at Ministries and Equivalent Ministries shall be guided professionally and technically by the Minister of Justice.

3. Specialized legal affairs organizations may exist in Directly Subordinate Bureaus and Departments under Ministries and Equivalent Ministries. The functions, tasks, authorities, and organizational structure of legal affairs in Directly Subordinate Bureaus and Departments shall be decided by the Minister or Head of the Equivalent Ministry.

Article 8. Legal Affairs Organizations of Government Agencies

1. Government Agencies that perform certain state management tasks and authorities in specific sectors shall have Legal Affairs Departments.

In special cases, for some Government Agencies with unique characteristics, the model of the legal affairs organization shall be decided by the Prime Minister.

2. Based on their own legal affairs needs, Government Agencies may establish Legal Affairs Departments or adopt other appropriate forms of legal affairs organization.

3. The establishment and dissolution of legal affairs organizations in Government Agencies as stipulated in Clause 1 of this Article shall be decided by the Prime Minister based on the proposal of the Head of the Government Agency.

Article 9. Legal Affairs Organizations of specialized agencies under provincial people's committees

1. Specialized agencies under provincial people's committees shall establish Legal Affairs Departments or dedicated legal affairs officials based on their functions, tasks, authorities, and legal affairs needs.

2. The establishment of Legal Affairs Departments in specialized agencies under provincial people's committees shall be decided by the provincial people's committee based on the proposal of the Head of the specialized agency.

3. Legal Affairs Departments or dedicated legal affairs officials in specialized agencies under provincial people's committees shall be guided professionally and technically by the Director of the Department of Justice.

Article 10. Legal Affairs Organization of State-Owned Enterprises

Based on the needs for legal affairs work, the Board of Directors, General Director, or Director of state-owned enterprises shall establish a suitable legal affairs organization, allocate specialized legal officers or hire legal advisors.

Article 11. Position Titles and Professional Standards for Legal Officers

1. Legal officers at Ministries, agencies equivalent to ministries, government agencies, and specialized agencies under provincial people's committees must be civil servants from the rank of specialist and above, holding a bachelor’s degree in law or a related field, possessing legal knowledge, and ensuring the effective performance of assigned tasks.

2. The head of the legal affairs organization at Ministries, agencies equivalent to ministries, and government agencies appointed after this Decree takes effect must hold a bachelor’s degree in law or higher and have at least five years of experience in legal work.

Chapter IV
IMPLEMENTATION

Article 12. Responsibilities of the Ministry of Justice

1. The Ministry of Justice assists the Government in uniformly managing state administration regarding legal affairs throughout the country.

2. Within its scope of responsibility, the Ministry of Justice has the following duties and powers:

a) Submitting draft regulatory legal documents concerning legal affairs to the Government and the Prime Minister;

b) Issuing regulatory legal documents within its authority to guide the implementation of the Government’s and the Prime Minister’s legal documents;

c) Coordinating with ministries and sectors to direct and inspect the implementation of legal affairs;

d) Coordinating with ministries and sectors to conduct mid-term and final evaluations of legal affairs and report annually to the Prime Minister on legal affairs;

e) Coordinating with ministries and sectors to organize training and provide guidance on legal matters for legal officers.

Article 13. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, Provincial People's Committees, Board of Directors, General Director, and Director of State-Owned Enterprises

1. Ministries, agencies equivalent to ministries, and government agencies are responsible for:

a) Establishing and strengthening the legal affairs organization of the Ministry, agency equivalent to a ministry, or government agency;

b) Directing and inspecting the implementation of legal affairs within the Ministry, agency equivalent to a ministry, or government agency;

c) Coordinating with the Ministry of Justice to organize training for legal officers and allocate them according to position titles and standards;

d) Ensuring staffing and funding for the activities of the legal affairs organization;

e) Conducting mid-term and final evaluations of legal affairs within the Ministry, agency equivalent to a ministry, or government agency and reporting to the Minister of Justice annually or upon request so that the Ministry of Justice can compile and report to the Prime Minister.

2. Provincial People's Committees are responsible for:

a) Establishing and strengthening the legal affairs organization of specialized agencies;

b) Directing and inspecting the implementation of legal affairs within specialized agencies;

c) Ensuring staffing and funding for the activities of the legal affairs organization of specialized agencies;

d) Conducting mid-term and final evaluations of legal affairs within specialized agencies and reporting to the Minister of Justice annually or upon request so that the Ministry of Justice can compile and report to the Prime Minister.

3. The Board of Directors, General Director, and Director of state-owned enterprises are responsible for:

a) Establishing and strengthening the legal affairs organization within the enterprise;

b) Directing and inspecting the implementation of legal affairs within the enterprise;

c) Allocating personnel and ensuring funding for the activities of the legal affairs organization within the enterprise;

d) Conducting mid-term and final evaluations of legal affairs within the enterprise and reporting to the Minister, Head of an agency equivalent to a ministry, Head of a government agency representing the state capital in the enterprise, and the Minister of Justice annually or upon request so that the Ministry of Justice can compile and report to the Prime Minister.

Article 14. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Decree No. 94/CP dated September 6, 1997 of the Government on the legal affairs organization of Ministries, agencies equivalent to ministries, and government agencies.

Article 15. Responsibility for Implementation

1. The Minister of Justice shall take the lead and coordinate with the Minister of Home Affairs to guide and inspect the implementation of this Decree.

2. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial people's committees, Board of Directors, General Director, and Director of state-owned enterprises are responsible for implementing this Decree./.