Decision No. 128/2003/QD-BTC of the Minister of Finance stipulates the functions, tasks, powers, and organizational structure of the Legal Department. The Legal Department plays a role in assisting the Minister in state management through law and implementing legal work within the scope of the Ministry of Finance's state management.
핵심 사항
- The Legal Department belongs to the state management apparatus of the Ministry of Finance, with the function of assisting the Minister in state management through law and implementing legal work as prescribed by law.
- The Legal Department has the task of presenting the annual legislative program, leading or participating in drafting proposals on financial mechanisms and policies, and reviewing legal documents before signing and promulgating them.
- The Director of the Legal Department has the authority to receive and sign documents explaining and answering issues related to the department's work.
- The Legal Department consists of a Director and several Deputy Directors, responsible for managing civil servants and organizing training and enhancing their qualifications.
- The staffing of the Legal Department is determined by the Minister of Finance.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening the effectiveness of state management through law in the field of finance, contributing to perfecting the legal system.
- Negative impact: It may impose a burden on human resources and costs for the Ministry of Finance when adding the Legal Department.
❓ 자주 묻는 질문
What are the functions of the Legal Department?
The Legal Department assists the Minister in state management through law in areas under the Ministry of Finance's state management scope and organizes the implementation of legal work as prescribed by law.
What are the specific tasks of the Legal Department?
The Legal Department has tasks such as presenting the annual legislative program, leading or participating in drafting proposals on financial mechanisms and policies, and reviewing legal documents before signing and promulgating them.
Who manages the civil servants of the Legal Department?
The Director of the Legal Department is responsible for comprehensively managing the civil servants of the department according to the Ministry's regulations and organizing training and enhancing their qualifications.
Who determines the staffing of the Legal Department?
The staffing of the Legal Department is determined by the Minister of Finance.
What rights does the Legal Department have?
The Legal Department has the right to receive all normative legal documents and other documents related to its assigned functions and tasks; signing documents explaining and answering issues related to the department's work.
전문
DECISION OF THE MINISTER OF FINANCE
Regulations on the functions, tasks, powers, and organizational structure of the Legal Department
______________________
THE MINISTER OF FINANCE
Pursuant to the Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
Pursuant to Decree No. 94/1997/ND-CP dated September 6, 1997 of the Government on the organization of legal affairs at Ministries, ministerial-level agencies, and government agencies;
Pursuant to Decree No. 77/2003/ND-CP dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;
At the proposal of the Head of the Legal Department and the Head of the Organization and Cadres Department,
DECISION:
Article 1: The Legal Department is a unit under the state management machinery of the Ministry of Finance, with the function of assisting the Minister of Finance in implementing state management through law in areas within the scope of state management of the Ministry and organizing the implementation of legal work of the Ministry of Finance in accordance with the provisions of the law.
Article 2:The Legal Department has the following tasks:
1. Submitting to the Ministry the annual and long-term program for building laws of the Ministry of Finance; organizing the implementation and urging units and organizations under the Ministry to implement the program for building laws after approval.
2. Taking the lead or participating in drafting proposals on financial mechanisms and policies, projects, and draft regulatory legal documents according to the division of labor of the Ministry.
3. Guiding and inspecting the implementation of regulatory legal documents drafted by the Department.
4. Taking the lead or coordinating with units and organizations under the Ministry that are related to inspecting the implementation of regulatory legal documents within the scope of management of the Ministry and proposing measures for handling according to authority, conducting practical summaries of the enforcement of financial laws.
5. Legally reviewing projects and draft regulatory legal documents prepared by units and organizations under the Ministry before submitting them to the Minister of Finance for signature and issuance according to the division of labor of the Ministry.
6. Providing legal opinions on loan agreements, international agreements on ODA, credit agreements signed by the Ministry of Finance with countries and international organizations as stipulated in the agreements, treaties, or agreements or according to the provisions of the law; participating in legally reviewing draft documents prepared for signing by the Ministry with countries and international organizations when requested.
7. Taking the lead or coordinating with units and organizations under the Ministry to provide opinions on projects and draft regulatory legal documents, proposals on mechanisms and policies sent by other ministries, sectors, or localities for comments according to the division of labor of the Ministry.
8. Taking the lead and coordinating with units and organizations under the Ministry to review and systematize regulatory legal documents within the scope of management of the Ministry; proposing and submitting to the Ministry plans for handling the results of reviewing regulatory legal documents.
9. Taking the lead and coordinating with units and organizations under the Ministry to inspect regulatory legal documents issued by ministries, sectors, People's Councils, Provincial People's Committees, and municipalities directly under the central government, identifying provisions issued by these agencies that exceed their authority or contradict regulatory legal documents concerning the management and resolution of issues by the Ministry of Finance; proposing measures for handling to the Minister of Finance according to the provisions of the law.
10. Taking the lead or coordinating with units and organizations under the Ministry that are related to organizing the implementation of propaganda, dissemination, and education on financial laws.
11. Providing legal advice to the Ministry in dealing with issues within its jurisdiction when requested.
12. Proposing and organizing the implementation of international cooperation on laws according to the division of labor of the Ministry.
The Head of the Legal Department has the right:
- To receive all regulatory legal documents and other documents related to the assigned functions and tasks;
- To sign documents explaining and answering questions within the scope of the Department's work.
Article 3: The Legal Department has a Head and several Deputy Heads.
The Head of the Legal Department is responsible for comprehensively managing civil servants of the Department according to the regulations of the Ministry; organizing training and enhancing the qualifications of civil servants; being accountable to the Minister of Finance for the implementation of assigned tasks.
The Deputy Head of the Legal Department is responsible to the Head of the Department for the assigned tasks.
The Legal Department operates under a specialist system.
The Head of the Legal Department is responsible for organizing work, arranging, scheduling, and assigning tasks to each civil servant in accordance with their position standards, capabilities, and specialized training to complete assigned tasks.
The staffing of the Legal Department is determined by the Minister of Finance.
Article 4: This Decision shall take effect from the date of signing.
Abolish Decision No. 863/QĐ-TCCB dated July 14, 1998 of the Minister of Finance on the establishment of the Legal Affairs Office under the Policy Department. The Heads of the Organization and Cadres Department, the Legal Department, the heads of units and organizations under the Ministry, and the Director of the Ministry of Finance's Office are responsible for implementing this decision.
The Heads of the Organization and Cadres Department, the Legal Department, the heads of units and organizations under the Ministry, and the Director of the Ministry of Finance's Office are responsible for implementing this decision./.
관계도
문서를 클릭하면 열립니다. 빨간 테두리＝효력을 변경하는 관계.