Decision No. 1589/2008/QD-TTCP On the Issuance of Regulations on Functions, Tasks, Authorities, and Organization and Operation of the Legal Affairs Department

Pursuant to …;

Regarding the issuance of regulations on functions, tasks, powers, and organization and operation of the Legal Affairs Department

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GENERAL INSPECTOR

Pursuant to 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;
Pursuant to Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;
At the proposal of the Head of the Legal Affairs Department and the Head of the Organization and Cadre Affairs Department,

DECISION:

Article 1. Issued herewith with this Decision are the "Regulations on the functions, tasks, powers, and organization and operation of the Legal Affairs Department."

Article 2. This Decision takes effect from the date of signing and replaces the provisions set forth in Decision No. 1075/QĐ-TTNN dated September 8, 2003 of the State Inspector General promulgating the Regulations on the functions, tasks, powers, working regime of Departments, Office, and affiliated organizations under the State Inspectorate.

Article 3. The Heads of the Office, the Organization and Cadre Affairs Department, the Legal Affairs Department, and the Heads of units under the Government Inspectorate shall be responsible for implementing this Decision.

REGULATIONS

FUNCTIONS, TASKS, POWERS AND ORGANIZATION AND OPERATIONS OF THE LEGAL AFFAIRS DEPARTMENT
(Issued together with Decision No.: 1589/2008/QĐ-TTCP dated August 6, 2008 of the State Inspector General) transfer)

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Chapter I.

FUNCTIONS, TASKS, AUTHORITIES, AND WORKING PRINCIPLES

Article 1. Position and Functions

The Legal Affairs Department is an entity under the Government Inspectorate, having the function of advising the State Inspector General on legal matters; organizing the implementation of legislative work, reviewing, overhauling, and systematizing normative legal documents; inspecting normative legal documents; guiding, disseminating, and educating the law on inspection, complaint resolution, and anti-corruption.

Article 2. Tasks and Authorities

1. Legislative work:

a) Taking the lead and coordinating with relevant departments and units in drafting annual and long-term programs for the development of normative legal documents on inspection, complaint resolution, and anti-corruption, submitting them to the State Inspector General for decision and organizing their implementation;

b) Taking the lead and participating in drafting normative legal documents on inspection, complaint resolution, and anti-corruption;

c) Reviewing and providing legal opinions on draft normative legal documents prepared by departments and units under the Government Inspectorate before they are submitted to the State Inspector General or to competent state agencies for issuance;

d) Taking the lead and coordinating with relevant departments and units in preparing files for draft normative legal documents to be proposed by the State Inspector General to relevant agencies or organizations for comments or to the Ministry of Justice for review prior to submission to the Government or the Prime Minister;

đ) Participating in drafting normative legal documents led by other ministries or sectors when requested and assigned by the State Inspector General;

e) Taking the lead and coordinating with relevant departments and units in assisting the State Inspector General in commenting on draft normative legal documents requested by competent state agencies.

2. Overhauling and systematizing normative legal documents:

a) Taking the lead and coordinating with relevant departments and units in developing and implementing plans for overhauling and systematizing normative legal documents on inspection, complaint resolution, and anti-corruption;

b) Submitting to the State Inspector General proposals for handling the results of overhauling normative legal documents.

3. Inspecting normative legal documents:

a) Taking the lead and coordinating with relevant departments and units in assisting the State Inspector General in inspecting normative legal documents related to the Government Inspectorate's areas of management;

b) Taking the lead and coordinating with relevant departments and units in proposing the State Inspector General to request the Ministers or Heads of ministerial-level agencies who have issued documents contrary to normative legal documents on inspection, complaint resolution, and anti-corruption to suspend enforcement, revoke partially or entirely such documents; proposing the Prime Minister to suspend enforcement of resolutions of provincial People's Councils that contravene normative legal documents of the National Assembly, Standing Committee of the National Assembly, President, Government, or Prime Minister or of ministries or ministerial-level agencies on inspection, complaint resolution, and anti-corruption; suspending enforcement and proposing the Prime Minister to revoke decisions or directives of provincial People's Committees that contravene normative legal documents on inspection, complaint resolution, and anti-corruption.

4. Guiding, disseminating, and educating the law:

a) Taking the lead and coordinating with relevant departments and units in developing and implementing plans for disseminating and educating the law; monitoring, urging, and summarizing the implementation of normative legal documents on inspection, complaint resolution, and anti-corruption;

b) Guiding and urging agencies within the inspection sector to implement normative legal documents on inspection, complaint resolution, and anti-corruption;

c) Publishing compilations and systematic collections of normative legal documents on inspection, complaint resolution, and anti-corruption; guiding related laws on inspection, complaint resolution, and anti-corruption according to the instructions of the State Inspector General;

5. Taking the lead and coordinating with relevant departments and units in assisting the State Inspector General in drafting documents for the signing of international treaties within the Government Inspectorate's areas of management.

6. Coordinating with relevant departments and units in building databases of normative legal documents on inspection, complaint resolution, and anti-corruption through computer systems or information and documentation sections.

7. Performing the standing duty of administrative reform in the Government Inspectorate; implementing international cooperation and scientific research as assigned by the State Inspector General.

8. Managing cadres and civil servants and assets allocated according to the law and the delegation of the State Inspector General.

9. Performing other tasks assigned by the State Inspector General.

Article 3. Principles of Operation

The Legal Affairs Department operates under a chief executive system, ensuring the principles of centralized democracy, transparency, and openness as prescribed by law; emphasizing individual responsibility and discipline, promoting personal strengths, initiative, and creativity in the work of civil servants; enhancing cooperation, experience exchange, and information sharing in handling tasks and all activities within their functions, duties, and authorities as defined.

Chapter II.

ORGANIZATIONAL STRUCTURE, RESPONSIBILITIES, AND SCOPE OF WORK HANDLING

Article 4. Organizational Structure and Staffing

1. The organizational structure of the Legal Affairs Department includes:

a) Leadership consisting of the Director and Deputy Directors.

b) Departments under the Department:

+ Legislation Development Section;

+ Propaganda, Inspection, and Legal Document Review Section.

2. Specific tasks and powers of each section shall be stipulated by the Director of the Legal Affairs Department.

3. The staffing of the Legal Affairs Department shall be decided by the Inspector General based on the proposal of the Organization and Cadres Department Director and the Legal Affairs Department Director.

Article 5. Responsibilities and Scope of Work of the Director

1. Leading, directing, and organizing the implementation of the department's tasks as specified in Article 2 of this Regulation and other tasks assigned by the Government Inspectorate leadership; being responsible before the law and the Inspector General for the results of the assigned work.

2. Implementing the information and reporting system as prescribed by the Government Inspectorate. Timely reporting to the Government Inspectorate leadership on the results of the assigned tasks and proposing solutions to issues regarding mechanisms, policies, programs, and plans that need revision and supplementation to meet the requirements of the Government Inspectorate and the Government.

3. Directly handling tasks when authorized by the Inspector General; signing on behalf of the Inspector General for certain documents within his authority according to the Working Regulations of the Government Inspectorate.

4. Assigning tasks, coordinating activities, and supervising the implementation of tasks by Deputy Directors, subordinate sections, and staff within the department.

5. Being responsible for managing staff and assets allocated to the department in accordance with the law and the Inspector General's delegation; maintaining work discipline, managing, evaluating, and implementing commendation and reward systems, benefits, and policies for staff within the department; developing and implementing cadre planning, training, and development plans for staff.

6. Cooperating with the Director, Bureau Chiefs, and Heads of units under the Government Inspectorate to handle matters related to the department's functions and duties as prescribed in the Working Regulations of the Government Inspectorate.

Article 6. Responsibilities and Scope of Work of Deputy Directors

1. Assisting the Director in managing and operating the department's affairs; directly managing certain areas of work as delegated by the Director.

2. Performing tasks and exercising powers within the scope delegated and authorized by the Director.

3. Reporting to the Director on the status and outcomes of the assigned tasks.

4. Bearing personal responsibility before the Director, Government Inspectorate leadership, and the law for proposals, progress, quality, and effectiveness of the assigned tasks, as well as the content, form, format, procedure, and process of issuing documents and handling assigned tasks.

5. Signing on behalf of the Director for documents authorized by the Director.

Article 7. Responsibilities and Scope of Work for the Head and Deputy Head of the Department

1. The Head of the Department directly leads, directs, manages, and oversees the activities of the Department and is responsible before the Director of the Bureau and the law for all activities of the Department and the implementation of assigned tasks.

2. The Deputy Head assists the Head and is responsible before the Head, the Leadership of the Bureau, and the law for the field of work assigned; performs other tasks directly assigned by the leadership of the Bureau. When necessary, the Deputy Head may be authorized by the Head to manage the activities of the Department.

3. Specific duties and powers of the Head and Deputy Head of the Department shall be stipulated by the Director of the Bureau.

Article 8. Responsibilities and Scope of Work for Civil Servants

1. Adhere to labor discipline, regulations of the Government Inspectorate, and the Bureau of Legal Affairs.

2. Proactively study and advise on the specialized field assigned; resolve assigned tasks according to prescribed procedures, formalities, and deadlines. Report promptly to the direct supervisor when encountering difficulties or new issues arising during task execution.

3. Adhere to speaking discipline, Code of Conduct for civil servants in the Inspectorate sector, Working Regulations, Office Culture Rules of the Government Inspectorate, and other regulations concerning civil servants; implement reporting systems and file management systems as prescribed. Be personally responsible for the progress, quality, and effectiveness of task implementation, the content, form, format, procedure, and formalities of issued documents, and the process of resolving assigned tasks.

Chapter III.

RELATIONSHIPS IN WORK OF THE BUREAU OF LEGAL AFFAIRS

Article 9. Implementing the directives of the Government Inspectorate's leadership

The Bureau of Legal Affairs is under the leadership and direction of the Chief Inspector, Deputy Chief Inspectors; it is responsible for implementing assigned tasks and promptly reporting to the leadership of the Government Inspectorate on the results of task implementation as prescribed; if difficulties arise during task execution, they should propose solutions to the leadership of the Government Inspectorate for guidance and resolution.

Article 10. Relationships in Work with Departments, Agencies, and Units under the Government Inspectorate

1. The relationship between the Bureau of Legal Affairs and departments, agencies, and units is a cooperative, exchange, and mutual support relationship aimed at completing tasks effectively.

2. The cooperation between the Bureau of Legal Affairs and departments, agencies, and units in task implementation is carried out according to the Working Regulations of the Government Inspectorate issued by the Chief Inspector.

Article 11. Relationships in Work with Inspectors of Ministries, Sectors, and Localities

1. Regularly inspect, urge, guide, and grasp the situation and results of the implementation of laws and regulations on inspection, handling complaints and denunciations, and anti-corruption by inspectors of ministries, sectors, and localities.

2. Timely reflect to the Chief Inspector or Deputy Chief Inspector in charge any requests or proposals from inspectors of ministries, sectors, and localities related to laws on inspection, handling complaints and denunciations, and anti-corruption so that the leadership of the Government Inspectorate can consider and resolve them.

Article 12. Relationships in Work between the Leadership of the Bureau of Legal Affairs and Party Committees and Leadership of Mass Organizations

1. The leadership of the Bureau of Legal Affairs creates conditions for the Party organization and mass organizations to operate in accordance with their charters, purposes, and objectives; cooperates with the Party Committee and leadership of mass organizations to create conditions for Party members, civil servants, and staff in the Bureau to enhance their political and professional qualifications, work efficiently and with high quality; ensure the implementation of democratic regulations in the operation of the agency, build office culture, and administrative discipline.

2. The leadership of the Bureau of Legal Affairs has the responsibility to provide full and timely information about the work activities of the Bureau and the rights of civil servants to the Party Committee and leadership of mass organizations; seek opinions from the Party Committee and leadership of mass organizations before deciding on matters regarding measures for leading political education, internal protection, consolidation of unity, and care for the living standards of civil servants in the Bureau; about organizational and personnel work in the Bureau.

Chapter IV.

IMPLEMENTATION

Article 13. Responsibility for Implementation

1. The Director, Deputy Directors, Heads, and Deputy Heads of the Bureau of Legal Affairs, and all civil servants of the Bureau of Legal Affairs have the responsibility to implement this Regulation.

2. Matters related to the functions, responsibilities, powers, and organization of the Bureau of Legal Affairs not covered in this Regulation shall be implemented in accordance with the Working Regulations of the Government Inspectorate and current legal documents.

3. Based on this Regulation, the Director of the Bureau of Legal Affairs is responsible for developing and promulgating the Working Regulations of his unit.

Article 14. Amendment and Supplement to the Regulation

The Director of the Bureau of Cadre and Civil Service Organization and the Director of the Bureau of Legal Affairs are responsible for monitoring, inspecting, urging the implementation of this Regulation; collecting and researching suggestions for timely supplementation and amendment of the Regulation, in line with the requirements of the Bureau of Legal Affairs and the Government Inspectorate./.