Decision No. 1290/QD-BNV stipulates the functions, tasks, powers, and organizational structure of the Legal Department.

Pursuant to …;

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

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 122/2004/ND-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and legal affairs organization of Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises;
Clause 1. The Commemorative Medal is awarded once to individuals meeting the conditions and criteria; it is not awarded to those who have already been awarded the Order "For the Cause of Inspection".

DECISION:

Article 1. Position and Functions

The Legal Affairs Department is an organization of the Ministry of Home Affairs with the function of advising the Minister on legal affairs work within the scope of the Ministry’s administrative 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. Legislative work:

a) Take the lead and coordinate with subordinate agencies and units to draft the annual and five-year legislative programs of the Ministry for submission to the Minister for consideration and decision; urge and organize the implementation of the program after approval;

b) Submit to the Minister for issuance specific regulations to implement the Ministry's legal affairs work; provide professional guidance to organizations and civil servants, public officials engaged in legal affairs work in the state administration sector;

c) Coordinate with the Cadre and Civil Service Organization Department to review draft Decisions of the Minister regarding the establishment of Drafting Boards and Editorial Groups for projects to develop normative legal documents assigned to subordinate agencies and units for submission to the Minister;

d) Take the lead or participate in drafting normative legal documents according to the Minister's assignment;

đ) Coordinate with agencies and units subordinate to the Ministry assigned by the Minister to take the lead in drafting Laws, Ordinances, and draft normative legal documents of the Government;

e) Review the legality of draft normative legal documents within the Minister's authority before submission to the Minister for decision, which are drafted by subordinate agencies and units;

g) Take the lead and coordinate with agencies and units subordinate to the Ministry to prepare the Ministry's comments on draft normative legal documents sent for comments by the Ministry, ministerial-level agencies, and other agencies;

h) Assist the Minister in summarizing and concluding the implementation of legislative work in the Ministry.

2. Work on reviewing and systematizing normative legal documents:

a) Submit to the Minister the plan for reviewing and systematizing normative legal documents related to the Ministry's administrative management field;

b) Take the lead and coordinate with subordinate agencies and units to organize the review and systematization of normative legal documents according to the approved plan; submit to the Minister proposals for handling the results of the review.

3. Work on inspecting normative legal documents:

a) Submit to the Minister the annual plan for inspecting normative legal documents related to the Ministry's administrative management field;

b) Take the lead and coordinate with subordinate agencies and units to implement the approved inspection plan for normative legal documents; report to the Minister the results of inspecting normative legal documents, concurrently sending to the Minister of Justice as prescribed;

c) Serve as the coordinating point with the competent unit of the Ministry of Justice in inspecting normative legal documents related to the Ministry of Home Affairs' administrative management field;

d) Coordinate with subordinate agencies and units to submit to the Minister proposals for handling according to their authority or recommendations to competent authorities for handling normative legal documents issued by other Ministries, ministerial-level agencies, Provincial People's Councils, Provincial People's Committees directly under the central government, and other state agencies that contravene the law.

4. Work on disseminating, educating about the law, and inspecting the implementation of the law:

a) Submit to the Minister the annual and long-term plans for disseminating and educating about the law of the Ministry and take the lead and coordinate with relevant units to implement dissemination and education about the law according to the approved plan;

b) Coordinate with subordinate agencies and units to inspect the implementation of the law at the Ministry; monitor and urge the implementation of the law; conclude practical implementation of the law in the state administration sector;

c) Participate in opinions on handling violations of the law in the state administration sector.

5. Regarding seal management

a) Advise the Minister on implementing state management functions over seals;

b) Coordinate with relevant agencies to guide and inspect the implementation of legal provisions on seal management and usage by state agencies and resolve related complaints.

6. Apply ISO processes and information technology in professional and technical work; coordinate with the Ministry's Information Center to apply information technology in managing, exploiting, and using databases related to legal affairs to serve the Ministry's management, leadership, and direction.

7. Take the lead or participate in researching scientific topics and projects related to laws.

8. Other tasks:

a) Prepare budgets to implement the tasks specified in point a, Clause 1 and Clauses 2, 3, 4, and 7 of this Article;

b) Perform other tasks assigned by the Minister and as provided by law.

Article 3. Organization and Working System

1. The Department has a Director, several Deputy Directors, and civil servants.

2. The Director is responsible to the Minister for organizing and implementing the tasks stipulated in Article 2 of this Decision and has the following specific duties and powers:

a) Organizing and directing the implementation of the Department's tasks and being accountable to the Minister for all aspects of the Department's work;

b) Assigning tasks, supervising, urging, and inspecting the implementation of tasks by Deputy Directors and civil servants in the Department;

c) Organize the implementation of working regulations and Ministry regulations;

d) Be authorized by the Minister to respond and answer certain issues related to the Ministry's legal affairs work according to the Minister's assignment;

đ) Sign documents participating in opinions or requesting subordinate agencies and units to provide information related to the Ministry's legal affairs work;

e) Decide on the contents of reports, summaries, and conclusions of the Department's work; propose and recommend solutions to the Minister to fulfill the Department's tasks;

g) Manage civil servants and assets of the Department allocated according to the Ministry's classification.

3. Deputy Directors perform professional tasks assigned by the Director and assist the Director in managing one or more aspects of work according to the Director's assignment; are responsible to the Director for the assigned tasks.

4. Civil servants perform the specialized tasks assigned by the Director and are responsible to the Director for the tasks assigned.

5. The Department operates under a specialist system combined with a chief executive system. In cases where the Ministry's leadership directly assigns urgent tasks to Deputy Directors, specialists, or works directly with Deputy Directors, specialists, the Deputy Directors, specialists shall be responsible for implementing the Ministry's leadership's directives and promptly report back to the Director thereafter.

Article 4. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from the date of signing.

2. This Decision replaces Decision No. 701/QD-BNV dated April 28, 2006 of the Minister of Home Affairs on the functions, tasks, authorities, and organizational structure of the Legal Department.

3. The Head of the Ministry’s Office, the Director of the Legal Department, the Director of the Cadre and Civil Servant Organization Department, the Heads of subordinate agencies and units under the Ministry, and the civil servants of the Legal Department are responsible for implementing this Decision./.