Decree No. 22/2013/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Justice

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister of Justice;

the Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 1. Position and functions The Ministry of Justice is an agency of the Government, performing the function of state management on: Law building and enforcement, inspection of regulatory legal documents, popularization and education of law, civil execution, administrative execution, judicial assistance, administrative justice, state compensation; management of work on enforcing laws on administrative violations; state management of public service activities within the scope of state management of the Ministry.

The Ministry of Justice is a government agency responsible for managing state affairs related to legislative work and enforcement of laws, inspection of regulatory legal documents, administrative procedure supervision, dissemination and education of laws; management of civil execution, administrative execution, administrative judiciary, judicial assistance, state compensation in administrative management and execution activities, and other judicial works nationwide; management of the implementation of laws on administrative violations; management of public services in fields under the Ministry's jurisdiction. The Ministry of Justice manages civil execution, administrative execution, administrative judiciary, judicial assistance, state compensation in administrative management and execution activities, and other judicial works within its jurisdiction; manages the implementation of laws on administrative violations; manages public services in fields under the Ministry's jurisdiction.

Article 2.  Tasks and Powers

The Ministry of Justice performs tasks and powers as prescribed in Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

 1. Submitting draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly; submitting draft decrees and resolutions of the Government according to the annual legislative program approved and other projects and programs assigned by the Government and the Prime Minister; signing, approving, ratifying, or joining international treaties and measures to ensure their implementation on behalf of the State or the Government in fields under the Ministry's jurisdiction.

2. Submitting strategic plans, master plans, programs, and annual development plans and important national projects to the Government; submitting draft decisions and directives to the Prime Minister on fields under the Ministry's jurisdiction.

4. Direct, guide, inspect, and organize the implementation of regulatory legal documents, strategies, plans, programs, projects, and proposals that have been approved within the scope of state management of the Ministry.

4. Directing, guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, master plans, programs, plans, projects, and proposals that have been approved under the Ministry's jurisdiction.

5. Regarding legislative work:

b) Review, participate in drafting, and provide comments on proposed laws and ordinances submitted by the Government; prepare the Government's proposal on the program for building laws and ordinances concerning issues within the scope of functions, tasks, and powers of the Government; propose the main drafting agency and coordinating agencies for draft laws and ordinances to be submitted to the Prime Minister for decision;

b) Proposing the Government's program for drafting laws and ordinances of the National Assembly and the Standing Committee of the National Assembly on issues within the Government's jurisdiction; proposing the division of responsibilities among leading agencies and coordinating agencies to submit to the Prime Minister and the Government for decision; inspecting and urging the drafting of draft laws and draft resolutions of the National Assembly and draft ordinances and draft resolutions of the Standing Committee of the National Assembly submitted by the Government;

c) Reviewing draft projects and draft regulatory legal documents and draft international treaties according to the law;

d) Providing comments on administrative procedures in draft projects and draft regulatory legal documents according to the law;

đ) Participating in drafting projects and draft regulatory legal documents led by Ministries, ministerial-level agencies, and other organizations;

e) Guiding, inspecting, and urging Ministries and ministerial-level agencies in proposing and implementing the National Assembly and the Standing Committee of the National Assembly's legislative programs; guiding Ministries, ministerial-level agencies, provincial People's Councils, and provincial People's Committees (hereinafter referred to as provincial level) on legislative and review work of regulatory legal documents;

6. Regarding supervision of law enforcement:

b) Take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and related organizations in general monitoring of law enforcement nationwide; monitor law enforcement in areas within the scope of state management of the Ministry or as assigned by the Government and the Prime Minister, and in cross-sectoral areas with many difficulties, obstacles, and inconsistencies in practical enforcement;

b) Leading and coordinating with Ministries, ministerial-level agencies, governmental agencies, and relevant organizations to monitor the implementation of laws nationwide and in multi-sector areas with many difficulties, obstacles, and inconsistencies in practice;

c) Monitoring and urging Ministries and ministerial-level agencies to draft detailed regulations to implement laws, ordinances, decrees, and decisions of the Prime Minister;

d) Providing opinions on the application of regulatory legal documents according to the assignment of the Government and the Prime Minister;

7. Regarding inspection of legislative documents:

a) Inspecting regulatory legal documents issued by Ministries, ministerial-level agencies, provincial People's Councils, and provincial People's Committees according to the law; recommending handling, handling according to authority, or handling by delegation of the Prime Minister for illegal documents;

b) Directing, guiding, inspecting, and urging the implementation of regulatory legal document inspection work by Ministries, ministerial-level agencies, and provincial People's Committees;

b) Review chapters in the Codebook; update and remove legal norms and new chapters in the Codebook as prescribed by law; submit to the Government for approval the results of codifying topics in the Codebook and adding new topics to the Codebook; submit to the Prime Minister for approval the addition of new chapters as prescribed;

a) Guide, inspect, and urge the implementation of codification by codification agencies;

b) Reviewing topics in the Legal Code; updating and removing legal provisions and new topics in the Legal Code according to the law; submitting to the Government for approval of the results of codification of topics in the Legal Code and adding new topics to the Legal Code;

c) Building an electronic legal code information website; maintaining the Legal Code regularly on the electronic legal code information website; managing and issuing regulations on mobilizing social resources for publishing the Legal Code in writing;

10. On administrative procedure control:

a) Guide the business of impact assessment and conduct impact assessments on administrative procedures in proposing to build documents, reviewing, and drafting regulatory legal documents within the Ministry's authority as prescribed by law;

 a) Guiding administrative procedure supervision business; guiding, monitoring, urging, and inspecting the review and implementation of administrative procedure supervision by Ministries, ministerial-level agencies, and provincial People's Committees;

 b) Evaluating and processing the results of administrative procedure reviews according to the law; researching and proposing initiatives for administrative procedure reform and related regulations to the Government and the Prime Minister;

c) Organizing the receipt, processing of complaints and suggestions from organizations and individuals regarding administrative regulations under the jurisdiction of the Government, the Prime Minister, and administrative agencies according to the law;

d) Building and managing the National Database on Administrative Procedures; being responsible for establishing and maintaining the operation of the portal for receiving complaints and suggestions and results of resolution on administrative procedures in the National Database on Administrative Procedures;

đ) Supervising administrative procedures and receiving, processing complaints and suggestions from individuals and organizations regarding administrative regulations under the Ministry's functional management according to the law;

e) Performing the task of serving as a permanent member of the Advisory Council for Administrative Procedure Reform;

g) Periodically compiling reports to the Prime Minister on the situation and results of administrative procedure supervision activities at ministries, sectors, localities, or submitting ad hoc reports as required by the Prime Minister.

b) Take the lead and coordinate with relevant ministries and sectors to guide, train, and enhance professional skills in implementing laws on administrative violation handling; inspect the enforcement of laws on administrative violation handling as prescribed by law.

a) Monitor and report on the enforcement of laws on administrative violation handling according to the provisions of the law;

b) Chair and coordinate with relevant ministries and sectors to guide, train, and enhance professional skills in implementing laws on administrative violations; inspect the enforcement of laws on administrative violations as prescribed by law;

c) Statistic, build, and manage the national database on administrative violation handling;

12. On the dissemination, legal education, and grassroots mediation:

a) Direct, guide, and organize the implementation of legal education and popularization work;

b) Implement the tasks of the central steering committee for legal education and popularization;

(VND) from small renewable energy power plants, as specified in Clause 2 of this Article;appoint, relieve legal lecturers according to the provisions of the law;;

d) Guide and inspect the organization and operation of grassroots mediation;

đ) Guide the construction, management, and exploitation of legal bookcases at communes, wards, towns, agencies, units, enterprises, and schools;

13. Regarding civil enforcement and administrative enforcement:

a) Manage the organizational structure, staffing, and activities of civil enforcement agencies; decide on the establishment and dissolution of civil enforcement agencies;

b) Guide and enhance professional skills for enforcement officers, review officers, and other civil servants involved in civil execution work;

c) Guide and enhance professional skills in managing administrative execution;

d) Decide on the budget allocation plan, ensuring material and equipment for the civil execution agency's activities; ensure staffing, material, and equipment for state management activities regarding administrative execution as prescribed by law;

đ) Issue and implement statistical systems for civil execution and administrative execution;

e) Report on civil execution and administrative execution work according to the provisions of the law.

14. On administrative judicial matters (household registration, nationality, notarization):

a) Guide professional matters concerning household registration, nationality, and notarization; issue and uniformly manage forms, documents, and registers related to household registration, nationality, and notarization;

b) Monitor, urge, and inspect the implementation of legal provisions on civil status, nationality, and notarization;

c) Handle procedures for renunciation of nationality, acquisition of nationality, or reacquisition of Vietnamese nationality for submission to the President of the State according to the provisions of the law;

d) Resolve household registration matters as prescribed by law;

đ) Build, manage, and exploit the database on household registration, nationality, and notarization;

15. Regarding criminal record:

a) Guide professional matters concerning criminal record; issue and uniformly manage forms, documents, and registers related to criminal record;

b) Monitor, urge, and inspect the implementation of laws regarding criminal records;

c) Manage the criminal record database at the National Criminal Record Center;

d) Establish criminal records, issue criminal record certificates, and provide criminal record information as prescribed;

16. Regarding adoption:

a) Guide and inspect the registration of adoption; issue, uniformly manage various forms, documents, and registers related to adoption;

b) Resolve matters concerning international adoptions according to the provisions of the law;

c) Issue, renew, amend, revoke licenses for foreign adoption organizations and manage foreign adoption offices in Vietnam;

d) Perform the central agency's duties for international adoption in Vietnam.

17. Regarding legal aid:

a) Guide and inspect the organization and operation of legal aid; stipulate forms and documents related to legal aid;

b) Develop and implement measures to support the development of legal aid activities;

c) Develop and manage the operations of the Legal Aid Fund of Vietnam;

18. Regarding state compensation:

a) Guide professional matters and resolve issues regarding the implementation of state compensation laws in administrative management and enforcement activities;

b) Determine the responsible agency for compensation in cases where the aggrieved party requests compensation or there is no consensus among ministries, ministerial-level agencies, and provincial people's committees regarding compensation in administrative management and enforcement activities;

c) Monitor and urge the payment of compensation money and the fulfillment of repayment responsibilities as prescribed by law;

d) Coordinate with competent state agencies to manage state compensation activities in litigation proceedings as prescribed by law;

19. Regarding registration of security transactions:

a) Guide and inspect the implementation of security transaction registration, notification of asset seizure for enforcement; issue, manage, and guide the use of forms, documents, and registers related to security transactions, notification of asset seizure for enforcement;

b) Organize and guide the implementation of security transaction registration, provision of information on security transactions, financial leasing assets, notification of asset seizure for enforcement, and other transactions and assets as prescribed by law;

c) Build and manage the National Database on Security Transactions under the Ministry of Justice;

20. On judicial auxiliary matters (lawyers, legal consultation, notarization, forensic examination, auctioning of assets, and commercial arbitration):

a) Guide and inspect the organization and operation of lawyers, legal consultation, notarization, forensic examination,auctioning of assets, commercial arbitration; guide the people's committees hinspect and handle violations of the law in lawyer, legal consultation, notarization, forensic examination, auctioning of assets, and commercial arbitration activities; provincial level b) Appoint and relieve notaries; issue and revoke notary cards; issue and revoke auction practice certificates, lawyer practice certificates, and Lawyer Practice Licenses for foreign lawyers in Vietnam;;

compile, establish, and publish a unified list of forensic examiners and forensic examination organizations on the Ministry of Justice's electronic portal; c) Issue and revoke;

Licenses for establishing branches, foreign law firms, Licenses for establishing Centers Arbitration organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular., Licenses for establishing Branches, Representative Offices of foreign arbitration organizations in Vietnam; approveapprove chuẩn Articles of the Center organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular., Licenses for establishing Branches, Representative Offices of foreign arbitration organizations in Vietnam; provide opinions on the establishment of public judicial appraisal organizations within the authority to decide of Ministries, agencies at the level of Ministries, and localities;

d) Manage organization and operation lawyers, legal consultancy, notarization, judicial appraisal, auctioning assets, commercial arbitration throughout the country;

đ) Issue licenses for the establishment of lawyer training institutions, notary training institutions; stipulate the framework curriculum for lawyer training, notary training, and auctioneer training;

e)Enact and guide the uniform use of model documents and papers regarding lawyers, legal consultancy, notarization, judicial appraisal, commercial arbitration; commercial arbitration.

21. Guide business practices, inspect legal affairs work of Ministries, sectors, localities, state-owned enterprises, and provide legal support to businesses; implement legal support activities for businesses as prescribed by law.

22. Regarding international cooperation in law and judiciary:

a) Synthesize, coordinate, and review the content of programs, plans, and projects for cooperation with foreign countries in law; guide, urge, and inspect the implementation of activities for cooperation with foreign countries in law; cooperate with relevant agencies to monitor, inspect, and evaluate the implementation of the content of programs, plans, and projects for legal cooperation with foreign countries;

b) Organize the implementation of international treaties, international agreements, and international cooperation programs and plans within the scope of management under the Ministry after approval by the Government;

c) Uniformly manage judicial assistance in civil, criminal matters, extradition, and transfer of persons serving sentences between Vietnam and foreign countries; act as the focal point for implementing international judicial assistance activities in civil matters according to the provisions of the law;

d) Implement international cooperation in fields within the scope of management under the Ministry as prescribed by law;

đ) Serve as the National Agency in relations with members and the Permanent Secretariat of the Hague Conference on Private International Law; represent the Government legally in international disputes according to the provisions of the law or as assigned by the Government, Prime Minister;

e) Provide legal opinions for foreign loan agreements, financial aid programs, projects, plans to handle foreign debts, and other international legal documents as prescribed by law or assigned by the Prime Minister.

23. Develop and organize the implementation of research science plans, development, and application of research results in legal reform, administrative reform, and judicial reform in fields within the scope of management under the Ministry.

24. Organize the direction of information technology application in fields within the scope of management under the Ministry; develop national databases in fields within the scope of management under the Ministry.

25. Regarding state management of organizations providing public services in fields within the scope of management under the Ministry:

a) Organize and guide the implementation of mechanisms and policies for providing public services; socializing activities for providing public services in fields within the scope of management under the Ministry;

b) Submit to the Prime Minister for approval the planning of networks of public service organizations;

c) Guide, create conditions, and support organizations providing public service activities in fields within the scope of management under the Ministry to operate in accordance with the provisions of the law.

26. Manage associations and non-governmental organizations operating in fields within the scope of management under the Ministry as prescribed by law; take the lead and coordinate with the Ministry of Home Affairs to approve the Articles of Association of the Vietnam Bar Federation.

27. Regarding inspection and supervision:

a) Inspect and supervise the implementation of policies and laws in fields within the scope of management under the Ministry; inspect the implementation of delegated management by provincial People's Committees in fields within the scope of management under the Ministry;

b) Resolve complaints, denunciations, and suggestions from citizens related to fields within the scope of management under the Ministry;

c) Implement anti-corruption measures and handle violations of laws in fields within the scope of management under the Ministry.

28. Regarding administrative reform:

a) Monitor, compile the implementation of institutional reform tasks; perform tasks to innovate and improve the quality of legislative work and issuance of regulatory legal documents;

b) Take the lead in implementing tasks related to administrative procedure reform as prescribed;

 c) Decide and organize the implementation of the Ministry's administrative reform plan according to the State administrative reform program of the Government and the directives of the Prime Minister.

29. Develop professional standards and business practices for civil servants by rank, occupational titles, and staff structure in sectors and fields for competent authorities to promulgate; issue occupational titles and staff structures in sectors and fields and leadership positions in specialized agencies under provincial People's Committees according to the provisions of the law; appoint, relieve from duty, and dismiss Appraisers, Enforcement Officers, and other judicial positions within the Ministry's management authority.

30. Organize education at various levels in law; train judicial positions as prescribed by law; train and enhance professional knowledge and skills in fields within the scope of management of the Ministry as prescribed by law.

31. Manage organizational structure, civil servant quota, job positions, staff structure by occupational title, and the number of staff working in public service units, implement salary systems and incentive policies, appointment, relief from duty, retirement, resignation, commendation, disciplinary action, training, and development of cadres, civil servants, and staff under the Ministry according to the provisions of the law.

32. Manage finances, assets allocated, and organize the implementation of the budget allocated according to the provisions of the law.

33. Perform other tasks and powers as prescribed by law or assigned by the Government, Prime Minister.

Article 3. Organizational Structure

1. Department of General Issues on Law Building.

2. Department of Criminal and Administrative Law.

3. Department of Civil and Commercial Law.

4. Department of International Law.

5. Department of Legal Propaganda and Education.

6. Organization and Cadre Department.

7. Department of International Cooperation.

8. Planning and Finance Department.

9. Department of Motivation and Reward.

10. Inspectorate.

11. Office.

12. Civil Execution General Department.

13. Legal Documents Inspection Bureau.

14. Administrative Procedure Supervision Bureau.

15. Registry, Citizenship, Notarization Bureau.

16. Adoption Bureau.

17. Legal Aid Bureau.

18. The National Registry of Secured Transactions Office.

19. The State Compensation Office.

20. The Legal Aid Office.

21. Information Technology Bureau.

22. Southern Region Work Bureau.

23. National Criminal Record Center.

24. Institute of Legal Science.

25. Academy of Law.

26. Democratic and Legal Journal.

27. Vietnam Law Newspaper.

The organizations specified from Clause 1 to Clause 22 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 23 to Clause 27 of this Article are public service organizations under the Ministry.

The General Department for Common Issues on Lawmaking, the Criminal and Administrative Law Department, the Publicity and Legal Education Department, the International Cooperation Department, and the International Law Department shall be organized into four Sections; the Civil and Commercial Law Department, the Cadre and Civil Servant Organization Department, and the Planning and Finance Department shall be organized into five Sections.

The Minister of Justice shall submit to the Prime Minister for approval: the regulations on the functions, tasks, powers, and organizational structure of the Enforcement of Civil Judgments General Department; and issue a list of other public service organizations directly under the Ministry.

The Minister of Justice shall issue a decision stipulating the functions, tasks, powers, and organizational structure of units under the Ministry, except for the unit prescribed in Clause 12 of this Article.

Article 4. Effective date

1. This Decree takes effect from May 1, 2013.

2. This Decree replaces Decree No. 93/2008/NĐ-CP dated August 22, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice. All previous provisions contrary to this Decree are abolished.

Article 5. Transitional Provisions

1. The Enforcement of Civil Judgments General Department continues to implement current legal provisions until new regulations on the functions, tasks, powers, and organizational structure of this unit are issued.

2. The Administrative Procedure Control Department continues to implement current legal provisions until the Minister of Justice decides on the functions, tasks, powers, and organizational structure of this unit.

Article 6. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.