This Decision issues the Operational Regulations of the Ministry of Justice, regulating the activities of the leadership and units under the Ministry. The Regulations stipulate working principles, scope of responsibility, procedures for handling tasks, document management, meeting organization, information reporting, and work relations between the Ministry and provincial Justice Departments.
适用范围
Leadership and units under the Ministry of Justice include: the Minister, Deputy Ministers, Heads of units, Director of the Office, Directors of Provincial Justice Departments under central cities/provinces.
要点
- The Minister is the head and is responsible to the Government for state administration in areas under the Ministry's jurisdiction; Deputy Ministers are responsible for certain areas of work and coordinate the cooperation among units.
- Unit Heads assist the Minister in performing state administrative functions, are responsible for organizing and directing the implementation of unit tasks.
- The operational system operates on the principle of democratic centralism, clear division of labor, and resolution of tasks within authority and procedural requirements.
- Document management: The Director of the Office is responsible for establishing procedures for receiving and processing correspondence; drafting normative legal documents must establish a Drafting Board.
- Regular and extraordinary meetings are organized, and information reporting is conducted as prescribed.
- Work relations between the Ministry of Justice and provincial Justice Departments under central cities/provinces.
🌐 本文件的社会影响
- Positive impact: Enhance the effectiveness of state administration, improve the quality of work through clear regulations on working principles and procedures for resolving tasks.
- Negative impact: May impose time and responsibility burdens on leaders and units due to compliance with detailed regulations.
❓ 常见问题
What powers does the Minister have under this Regulation?
The Minister is the head and is responsible to the Government for state administration in areas under the Ministry's jurisdiction. The Minister assigns Deputy Ministers to be responsible for certain areas of work, coordinates the cooperation among units, and directly resolves important matters.
What powers and responsibilities do unit heads have?
Unit Heads assist the Minister in performing state administrative functions, are responsible for organizing and directing the implementation of unit tasks; they are also responsible for the progress, quality, and effectiveness of assigned tasks. They must report and provide information to the Ministry leadership about the situation of work.
What is the process for drafting normative legal documents?
For normative legal documents from Decrees upwards, the Minister decides to establish a Drafting Board to draft them. For administrative documents within the authority of the Minister, Deputy Ministers, the main drafting unit has the responsibility to report to the leadership for review and comments before signing and promulgating.
How often do Ministry leadership hold regular meetings?
Ministry leadership holds regular meetings every two weeks. Participants include: the Minister and Deputy Ministers, Heads of units under the Ministry may be invited to attend at the Minister's discretion. Meeting content includes information on the implementation of tasks, discussion, and suggestions on measures to resolve difficulties and obstacles.
What are the responsibilities of civil servants when receiving guests?
When there is a need to meet with Ministry leadership, provincial Justice Departments under central cities/provinces must pre-register with the Office Director regarding the content and time. After receiving guidance from Ministry leadership, the Office Director informs the provincial Justice Department about the meeting time.
全文
Pursuant to …;
Regarding the issuance of the Operational Regulations of the Ministry of Justice
______________
THE MINISTER OF JUSTICE
Pursuant to Decree No. 86/2002/NĐ-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. 62/2002/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
At the proposal of the Director of the Cadre and Civil Servant Department,
Pursuant to …;
Article 1. The Operational Regulations of the Ministry of Justice are hereby issued along with this Decision.
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 02/1999/QĐ-BTP dated January 9, 1999 of the Minister of Justice on the issuance of the Operational Regulations for the leadership of the Ministry of Justice.
Article 3. The Minister, Deputy Ministers, Heads of units under the Ministry, Directors of Provincial Justice Departments directly under the central government are responsible for implementing this Decision.
REGULATIONS
Operations of the Ministry of Justice
(Issued together with Decision No. 220/2005/QĐ-BTP
dated April 14, 2005 of the Minister of Justice)
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Chapter I
GENERAL PROVISIONS
Article 1. Scope and objects regulated
These regulations specify the scope of responsibility and work procedures for the Minister, Deputy Ministers, Heads of units under the Ministry, the working relationship between the Minister and the Party Executive Board, the Party Committee of the Ministry, political and social organizations within the Ministry, and between the Ministry and Provincial Justice Departments directly under the central government; the system for developing programs, plans, meetings, information exchange, reporting, receiving, processing, and drafting documents, procedures for handling matters of the Ministry of Justice.
The duties, powers, and work systems of units under the Ministry shall be implemented in accordance with the provisions of the law and the Organizational and Operational Regulations of the units.
Article 2. Principles of Work
The Ministry of Justice operates according to the following principles:
1. Implementing the principle of democratic centralism and the chief executive system, ensuring unified and smooth direction and management by the Minister over all areas of work of the Ministry;
2. Clearly defining division of labor and responsibilities, emphasizing accountability and promoting initiative and creativity among units and individuals; one person or unit may be assigned multiple tasks but each task shall be primarily the responsibility of one unit or one person;
3. Resolving matters within the assigned authority and scope of responsibility; superiors shall not perform tasks within the jurisdiction of subordinates, and subordinates shall not transfer tasks within their own functions and responsibilities to superiors or other units;
4. Adhering to the procedures, formalities, and deadlines for resolving matters as prescribed by law, the program, and work plan of the Ministry, and the directives of the Minister;
5. Ensuring cooperation in work and information exchange in the resolution of matters.
Chapter II
SCOPE OF RESPONSIBILITY
Article 3. Ministers
1. The Minister is the head and leader of the Ministry, accountable to the Prime Minister, the Government, and the National Assembly for state administration in the fields under the purview of the Ministry and for performing tasks and exercising powers as prescribed by law.
2. The Minister assigns Deputy Ministers to oversee certain areas of work and directs coordination among Deputy Ministers during the implementation of assigned tasks.
In the absence of the Minister, the Minister delegates authority to a Deputy Minister to direct and lead the activities of the Ministry and resolve matters within the Minister's area of responsibility.
If necessary, the Minister may designate a Deputy Minister to hold a permanent position.
3. The Minister directly resolves the following matters:
a) Matters within the areas of work and units directly overseen by the Minister;
b) Issues where Deputy Ministers have differing opinions;
c) Issues arising beyond the authority of the responsible Deputy Minister;
d) Matters directly assigned by the Prime Minister or the Government, and other matters that the Minister deems necessary to resolve personally.
4. The Minister is accountable under the law for deficiencies in management and for corruption, bureaucracy, and significant losses occurring in the agency or units under the Ministry's control.
Article 4. Deputy Minister
1. The Deputy Minister is a leading civil servant assigned by the Minister to directly oversee certain areas of work; direct, monitor, inspect the activities of certain units, and handle other urgent tasks assigned by the Minister.
2. When handling assigned tasks, the Deputy Minister acts on behalf of the Minister and is responsible to the Minister for the resolution of those tasks. The Deputy Minister shall be responsible for:
a) Directing, urging, and inspecting the heads of units in organizing the implementation of tasks within their assigned fields;
b) Reporting and seeking guidance from the Minister before resolving important and complex issues related to mechanisms and policies not yet regulated by law and other significant issues reflecting the Ministry's viewpoint;
c) Reporting to the Minister and informing other Deputy Ministers about the situation regarding the handling of tasks within their assigned responsibilities.
3. The Deputy Minister is accountable to the Minister and to the law when there are deficiencies in management and corruption, bureaucracy, causing significant losses in the field of work or units assigned by the Minister.
Article 5. Heads of Units Assisting the Minister in Implementing State Management Functions
1. The heads of units assisting the Minister in implementing state management functions within the Ministry include the Director of Departments, Division Chiefs, Chief of the Office, and Chief Inspector.
2. The heads of units assisting the Minister in implementing state management functions are leading civil servants heading the units, responsible to the Minister for organizing and directing the implementation of the unit’s tasks and powers; progress, quality, and effectiveness of assigned tasks; and the situation of the industry and field under the unit’s management as stipulated by law.
3. The heads of units assisting the Minister in implementing state management functions are accountable to the Minister when there are deficiencies in management and corruption, bureaucracy, causing significant losses in the unit.
4. The Division Chief shall perform the following duties and powers:
a) Developing plans and programs for the development of specialized fields, submitting them to the Minister for consideration and decision; directing the preparation of the division's work plan and organizing its implementation after approval by the Minister;
b) Drafting and submitting to the Minister for consideration and submission to competent authorities for issuance of regulatory legal documents; proposing amendments to regulatory legal documents, systems, and policies within the assigned specialized fields;
c) Organizing guidance, inspection, and participation in audits of the implementation of issued regulatory legal documents, systems, and policies within the assigned functions and tasks;
d) Proactively advising the Minister or the Deputy Minister directly responsible on the implementation of tasks within the division's functions and tasks;
đ) Assigning tasks, directing cooperation, inspecting, and urging the implementation of work by Deputy Division Chiefs and other civil servants in the division;
e) Chairing or participating with other unit heads in resolving related matters;
g) Representing the unit in relations with agencies, organizations, and individuals in organizing the implementation of assigned tasks;
h) Signing delegated documents according to Article 18 of this Regulation;
i) Establishing internal regulations, working procedures, and personnel management within the unit; managing and using assets effectively according to regulations;
k) Implementing inspection, information, and reporting systems as prescribed;
l) Ensuring democratic regulations in the organization and operation of the unit according to current regulations;
m) Performing other tasks assigned by the Minister.
5. The Department Director shall perform the duties and powers specified in Clause 4 of this Article, be responsible for the implementation of laws and regulations in the specialized field under the Department's management, and sign documents according to Article 18 of this Regulation; implement systems, policies, rewards, and disciplinary measures for unit staff; implement financial, accounting, complaint, and appeal regulations according to law and the Ministry's regulations.
6. The Chief Inspector of the Ministry shall perform the duties and powers specified in Clause 4 of this Article and perform tasks and powers according to laws on inspections, complaint resolution, anti-corruption prevention, and combat.
7. The Chief of the Office shall perform the duties and powers specified in Clause 4 of this Article and have the following duties and powers:
a) Leading the preparation of the Ministry's work program and plan, and monitoring and urging the implementation of these programs and plans after they are decided by the Minister; proposing solutions to ensure the implementation of the Ministry's work program and plan to the Minister;
b) Compiling information to serve the Minister's direction and management activities;
c) Organizing administrative, archival, compilation, and commendation work of the Ministry;
d) Inspecting the format and procedures for issuing Ministry documents;
đ) Assisting the Minister in providing information to mass media, organizations, and individuals;
e) Ensuring order, safety, and administrative discipline according to law and Ministry regulations;
g) Signing documents according to Article 18 of this Regulation;
h) Managing material resources, ensuring work equipment and conditions for the Ministry agency; managing assets and operational funds of the Ministry agency.
Article 6. Heads of Public Service Units
1. The heads of public service units include the Director of the Institute of Legal Science, the President of the Hanoi University of Law, the Director of the Academy of Judicial Studies, the Editor-in-Chief of Vietnam Law Newspaper, the Editor-in-Chief of People and Law Magazine, the Director of the Legal Publishing House, and the Director of the Information Center.
2. The head of a public service unit is a leading civil servant who is responsible for the public service unit under the Ministry, accountable to the law and to the Minister regarding the organization and direction of activities of the unit.
The head of a public service unit is accountable to the law and to the Minister when there are deficiencies in management and corruption, bureaucracy, causing significant losses in the unit.
3. The head of a public service unit shall perform the following tasks and powers:
a) Leading and directing the activities of the unit in accordance with the Party's guidelines, policies, and state laws, and the guidance of the Ministry;
b) Proactively organizing and directing the development and implementation of plans and programs of work of the unit in accordance with the law and meeting the requirements of development of the Ministry, sector, and society;
c) Implementing the self-management mechanism and bearing responsibility for the organizational structure, staffing, personnel, and finance and accounting of the unit in accordance with the law and the guidance of the Ministry;
d) Performing the tasks and powers stipulated at points đ, e, g, i, and l of Clause 4, Article 5 of this Regulation.
đ) Implementing the information system, reporting, rewarding, disciplining, inspecting, auditing, and handling complaints and denunciations in accordance with the law and the directives of the Minister;
e) Performing other tasks as prescribed by law and assigned by the Minister.
Article 7. Secretary of the Minister and Assistant to Deputy Ministers
1. The Secretary of the Minister and Assistant to Deputy Ministers (hereinafter referred to collectively as the Secretary of the Leadership) shall be responsible for:
a) Receiving and checking files and documents submitted for resolution of matters by the heads of units to present to the leadership of the Ministry;
b) Reporting to the Head of the Office on the results of the resolution of matters by the Minister and Deputy Ministers;
c) Cooperating with the Office and coordinating among themselves in compiling information to serve the leadership and management functions of the Ministry's leadership;
d) Attending meetings of the Ministry's leadership, coordination meetings of the heads of units under the Ministry, joint meetings, and other meetings as required by the Ministry's leadership;
đ) Performing other tasks assigned by the Ministry's leadership.
2. The Secretary of the Minister shall be selected and decided by the Minister upon the proposal of the Personnel Organization Department Director.
The Assistant to Deputy Ministers shall be selected and decided by the Deputy Minister upon the proposal of the Personnel Organization Department Director.
During the period of assisting the Ministry's leadership, the Secretary of the Leadership remains within the staffing of their working unit and enjoys all benefits as the staff and civil servants of that unit.
Chapter III
WORKING PROCEDURES
Article 8. Working Procedures of the Minister and Deputy Ministers
1. The Minister and Deputy Ministers direct and manage the operations of the Ministry according to the program, plan, and schedule of work; handle matters based on the files submitted by the heads of units; for issues related to the program, plan, long-term development strategy, major projects of the Ministry and sector, and complex issues with differing opinions, the Minister shall convene meetings to seek opinions before making decisions.
2. The Minister promptly informs the Deputy Ministers and the heads of units about the policies and viewpoints of the Party and State related to the Ministry's and sector's areas of work.
The Deputy Ministers cooperate in their work and promptly inform each other about the resolution of assigned tasks..
When performing assigned tasks, if issues related to the area overseen by another Deputy Minister require his opinion, the leading Deputy Minister shall proactively coordinate to resolve them; in case of differing opinions, report to the Minister for decision.
3. A Deputy Minister directly responsible for an area is accountable to the Minister for resolving matters within the assigned field of work; when necessary, exchange opinions with the Deputy Minister responsible for the relevant unit before deciding.
4. A Deputy Minister directly responsible for a unit directs, urges, inspects, and reports to the Minister on the results of the unit's activities; when necessary, exchange opinions with the Deputy Minister responsible for the relevant area when deciding matters related to the assigned unit; provide opinions on the evaluation of cadres, planning, appointment, transfer, rotation, reward, and punishment of the heads of the assigned units.
When implementing the evaluation of cadres, planning, appointment, transfer, rotation, reward, and punishment of the heads of units, the Minister shall consult the opinion of the Deputy Minister directly responsible for the unit.
5. When deemed necessary, the Minister or Deputy Minister may request the head of a unit or specialized civil servant to directly report on the assigned task.
Article 9. Working Procedures of the Head of the Unit
1. On the basis of the program, plan, and schedule of work that have been approved, the head of the unit shall proactively handle tasks in accordance with their functions, duties, and authority; they shall not transfer tasks within the scope of their duties and powers to the Ministry's leadership or other units for resolution; they shall regularly report and seek guidance from the Deputy Minister or Minister directly responsible regarding the implementation of the unit’s tasks.
2. During the process of handling tasks, if new issues, difficulties, or obstacles arise, the head of the unit shall report and seek guidance from the Minister or Deputy Minister assigned by the Minister to resolve such tasks.
In cases where there is disagreement with the opinion of the Deputy Minister directly responsible, the head of the unit must comply with the guidance of the Deputy Minister and may report to the Minister about their own opinion.
3. When handling tasks related to other units, the head of the unit in charge shall exchange and unify opinions with the heads of those units; the head of the unit whose opinion is sought shall be responsible for responding in writing. In case of differing opinions, the head of the unit in charge shall report to the Deputy Minister or Minister directly responsible for resolution.
For tasks under the jurisdiction of the Ministry's leadership that the unit is responsible for, based on legal regulations, working rules of the Ministry in each field, and the nature of the work, the head of the unit shall be responsible for soliciting written opinions from the heads of relevant units before finalizing the dossier to submit to the Minister or Deputy Minister for resolution.
4. In cases of absence for one day or more, the head of the unit shall delegate authority to a deputy to perform their duties and responsibilities and report to the Deputy Minister or Minister directly responsible about the delegation.
Chapter IV
PROGRAM AND WORK PLAN
Article 10. Types of Programs and Work Plans
1. The Ministry's programs and work plans include long-term work programs, annual work plans, six-month work plans, and quarterly work plans.
2. Units under the Ministry have annual work plans, six-month work plans, quarterly work plans, and monthly work plans.
3. The weekly work schedule of the Ministry's leadership includes the tasks of the Minister and Deputy Ministers that need to be resolved on a daily basis throughout the week.
Article 11. Content of the Ministry's Program and Work Plan
1. Long-term work programs include objectives to be achieved, main tasks, measures to organize the implementation of tasks, and a list of projects, draft regulatory legal documents, and other tasks to be carried out over a five-year or ten-year period.
2. Annual work plans are developed based on the specific implementation of long-term work programs, results of previous years' work, government programs and plans, and annual tasks.
Annual work plans include tasks, leading units, cooperating units, timelines, and a list of projects, draft regulatory legal documents, proposals, and tasks to be completed within the year.
3. Six-month and quarterly work plans are developed to further detail the annual work plan and incorporate newly arising tasks.
Six-month and quarterly work plans include main tasks, assignment of responsibilities, timelines, and implementation measures.
Article 12. Procedures for developing the work program and plan of the Ministry
1. Procedures for developing the long-term work program
a) At least six months before the end of the current long-term work program, according to the directive of the Minister, the Office shall draft guidelines on the basic contents of the long-term work program and send them to relevant units.
b) Based on the guidelines from the Office, each unit shall develop the content of the long-term work program within their management area and submit it to the Office for consolidation and preparation of the proposed long-term work program.
c) The proposed long-term work program shall be sent to relevant units and related agencies and organizations for comments.
d) Based on the comments received, the Office shall consolidate and revise the long-term work program and submit it to the Minister for decision at least one month before the end of the long-term program.
2. Procedures for developing the annual work plan
a) According to the directive of the Minister, the Office shall draft guidelines on the contents of the annual work plan and send them to relevant units by October 15th.
b) Based on the guidelines from the Office, each unit shall propose its own annual work plan, including a list of projects and tasks to be completed during the year, cooperating units, deadlines for completing projects and tasks, and submit it to the Office by October 30th for consolidation and preparation of the proposed annual work plan of the Ministry.
c) The proposed annual work plan shall be sent to relevant units for comments. Each unit shall submit its comments to the Office within seven working days from the date of receipt of the proposed annual work plan.
d) The Office shall consolidate and revise the annual work plan of the Ministry based on the comments from relevant units and submit it to the Minister for decision by December 31st of the previous year.
3. Procedures for developing the six-month work plan
a) Six-month work plan at the beginning of the year
When drafting the annual work plan, the Office and relevant units shall prepare the six-month work plan at the beginning of the year for submission to the Minister for decision simultaneously with the annual work plan.
b) Six-month work plan at the end of the year
Based on the assessment of the implementation of the six-month work plan at the beginning of the year, reviewing the tasks for the last six months recorded in the annual work plan, and considering new issues arising, each unit shall prepare the six-month work plan at the end of the year and submit it to the Office by June 10th.
Based on the annual work plan, the six-month work plan of each unit, and the directive of the Minister, the Office shall prepare the six-month work plan at the end of the year for submission to the Minister for decision no later than June 25th.
4. Procedures for developing the quarterly work plan
a) At the end of each quarter, each unit shall assess the implementation of the quarterly work plan, review the tasks for the next quarter recorded in the six-month work plan, and consider new issues arising to propose adjustments to the next quarterly work plan.
By the 15th day of the last month of each quarter, each unit shall submit proposals for adjusting the next quarterly work plan to the Office.
b) Based on the six-month work plan, proposals for adjusting the quarterly work plan from each unit, and the directive of the Minister, the Office shall prepare the next quarterly work plan for submission to the Minister for decision no later than the 25th day of the last month of each quarter.
5. Weekly schedule of the Minister and Deputy Ministers (hereinafter referred to as the weekly schedule of the Ministry's leadership)
Heads of units shall register their work schedules with the Minister and Deputy Ministers no later than Thursday afternoon of each week. Secretaries of the Ministry's leadership assist the Head of the Office in preparing and submitting the weekly schedule of the Ministry's leadership for decision by the leadership.
Article 13. Work Plan of the Unit
Based on the direction, tasks, and programs and work plans of the Ministry, units shall develop their own work plans.
The content and procedures for developing the work plan of the unit are stipulated in the Regulation on the Organization and Operation of the Unit.
Article 14. Implementation of Programs and Work Plans
1. The Minister shall direct the implementation of the program and work plan of the Ministry.
The Minister and Deputy Ministers shall direct the implementation of the program and work plan within their respective areas of responsibility.
2. The head of the unit shall organize the implementation of the work plan of his/her unit; take the initiative to implement and coordinate with related units to ensure that tasks are carried out according to the program and work plan, the set schedule, and report to the Minister or Deputy Minister directly responsible when there are changes.
3. The Director of the Office shall monitor, urge, and evaluate the implementation of the program and work plan of the Ministry; report the results and advise the Minister on measures to ensure implementation and balance between programs and work plans and assigned tasks.
In case of adjustments to the program and work plan of the Ministry or the weekly schedule of the Ministry's leadership, the Director of the Office shall promptly notify relevant units and individuals.
Chapter V
MANAGEMENT OF DOCUMENTS, DRAFTING AND ISSUANCE OF DOCUMENTS;
PROCEDURES FOR HANDLING BUSINESS
Article 15. Receipt and Processing of Incoming Documents
1. Incoming letters and documents from agencies, units, and individuals sent to the Ministry of Justice shall be received and processed in accordance with the law and the regulations of the Ministry.
2. The Director of the Office shall be responsible for:
a) Building and submitting to the Minister for approval the procedures and processes for receiving and processing letters and documents of the Ministry of Justice;
b) Monitoring and urging the resolution of incoming documents; reporting to the Minister daily on new tasks and completed tasks; weekly, compiling a list of documents received by the Ministry and the assignment of processing to report to the leadership of the Ministry and inform the heads of relevant units.
Article 16. Drafting Documents
1. For legal regulatory documents from Decrees upwards, the Minister shall decide to establish a drafting team to draft them.
For legal regulatory documents within the authority of the Ministry, the Minister shall assign a leading unit to draft them.
The drafting of legal regulatory documents shall be carried out in accordance with the Law on Issuing Legal Regulatory Documents and guiding documents.
2. For administrative documents within the issuance authority of the Minister or Deputy Minister, the leading unit drafting the document shall be responsible for reporting to the Minister or Deputy Minister directly responsible for review and comments. Based on the directives of the Minister or Deputy Minister directly responsible, the unit shall finalize the draft and submit it to the leadership of the Ministry for signature and issuance or issuance based on the authorization of the Minister.
3. Where the content of the document relates to the specialized field of another unit, the leading unit drafting the document shall be responsible for coordinating and exchanging opinions with that unit. The related unit shall be responsible for participating in the opinion in accordance with the content and deadline requested by the leading unit.
Article 17. Procedures for handling tasks and signing documents
1. For tasks related to professional and business issues within the functions and duties of the unit, the file shall be submitted directly to the Minister or Deputy Minister responsible for that field of work; for other tasks related to the organization and operation of the unit, the file shall be submitted to the Minister or Deputy Minister responsible for the unit.
2. The Minister or Deputy Minister shall examine and handle tasks based on the file submitted by the head of the unit in accordance with their authority, procedures, and sequence.
The file for handling tasks includes:
a) A task resolution form as prescribed;
b) Draft document for submission;
c) Opinions of the heads of relevant units (if any);
d) Implementation plan (if any).
Within the latest three working days from the date of receipt of the submitted file, the Minister or Deputy Minister shall provide comments on the resolution; in cases where draft normative legal documents, programs, plans, and long-term annual work plans are submitted, the latest period is seven days.
The Secretary of the Ministry is responsible for returning the file to the submitting unit immediately after the leadership of the Ministry has provided comments.
Article 18. Authority to sign documents
1. The Minister signs reports, memorandums proposing draft normative legal documents, programs, strategies, development orientations of the sector, and documents sent to the Politburo, Secretariat, National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister; normative legal documents within the authority of the Ministry to issue, important policies related to the organization and operation of the Justice Sector, organizational structure, senior specialist personnel, equivalent senior specialists, and equivalent principal specialists; other documents deemed necessary by the Minister.
2. The Deputy Minister signs on behalf of the Minister for documents resolving tasks, letters reviewing draft normative legal documents within their area of responsibility, and other documents assigned by the Minister.
3. The Director of Departments signs on behalf of the Minister for professional guidance letters within the management scope of the unit, letters providing opinions on draft normative legal documents, letters sent to units under the Ministry, agencies at the ministerial level, government agencies, provincial and municipal Justice Departments, and other documents when assigned by the Minister.
4. The Director of Bureaus signs on behalf of the Minister for documents authorized by the Minister.
The Director of Bureaus signs reply documents, professional guidance within the management scope of the unit, decisions on rewards and punishments, complaints and denunciations resolution within their authority; administrative letters serving management and operation activities, and contracts to perform tasks as prescribed.
5. The head of public service units signs decisions on rewards and punishments, complaints and denunciations resolution within their authority; administrative letters serving management and operation activities, contracts, and other documents as prescribed by law.
6. The Head of the Office signs on behalf of the Minister for documents serving the leadership's directive and operational activities; documents urging and conveying the leadership's opinions; documents guiding office work, competition, archive preservation, security; work reports; letters inviting meetings from the leadership; copies of issued documents.
The Head of the Office signs letters of introduction for work, purchase contracts for materials, goods, services, and administrative letters, documents serving the activities of the Ministry within the authority of the Office as prescribed.
7. Documents signed on behalf of the Minister must be reported to the Deputy Minister directly responsible and the Minister.
8. Signing of documents related to the Ministry’s external relations shall be carried out according to the Regulation on Managing External Activities of the Ministry of Justice.
Article 19. Issuance and storage of documents
1. After the document is signed by the Ministry's leadership, the Office shall be responsible for coordinating with the drafting unit to issue and store the document in accordance with the laws on archiving and record keeping.
2. Providing documents and materials to agencies and the press must have the approval of the Minister or Deputy Minister in charge of press work.
3. Units with their own seals shall report to the Ministry's leadership and send relevant documents issued by their units within their authority to the Office for monitoring and storage in accordance with regulations.
Chapter VI
MEETING REGIME
Article 20. Organizing meetings
1. The Ministry's leadership decides to convene regular or extraordinary meetings; designates the unit to prepare the meeting content. The Director of the Office organizes the service; monitors, urges, and checks the units preparing the meeting content and materials, signs and sends out meeting invitations.
2. Units that need to organize meetings whose content relates to other agencies or units must report to the Ministry's leadership on the content, time, and register with the Office to prepare the conditions for serving the meeting. In cases where the meeting is chaired by the Minister or Deputy Ministers, it must be registered in the weekly schedule of the Ministry's leadership, except in emergencies.
3. Units and individuals attending the meeting must attend according to the specified composition and time and must be prepared with the content; if they cannot attend due to valid reasons, they may delegate another person to attend and bear responsibility for the opinions of the delegated person.
4. The chairperson of the meeting must conclude on the meeting contents.
5. According to the instructions of the Ministry's leadership, the Director of the Office shall notify the content and conclusions of the meeting of the Ministry's leadership, the coordination meetings of the heads of units, and the joint meetings to related agencies, organizations, and individuals for implementation.
6. The meeting regime of the unit is stipulated in the Charter on Organization and Operation of the Unit.
Article 21. Meetings of the Ministry's Leadership
1. The Ministry's leadership meets regularly every two weeks and holds extraordinary meetings at the request of the Minister or upon the proposal of Deputy Ministers to address urgent matters.
2. The participants in the Ministry's leadership meetings include: the Minister and Deputy Ministers, chaired by the Minister. Heads of units under the Ministry and civil servants related to the meeting content may be invited to attend at the Minister's discretion.
3. Meeting Content:
a) Information on the implementation of the Ministry's tasks and work, results of completed tasks, and planned tasks;
b) Discussion and provision of opinions on measures to resolve difficulties and obstacles, organization and direction of the implementation of the Ministry's and sector's tasks, issues reported by Deputy Ministers seeking guidance from the Minister, and other issues deemed necessary by the Minister to seek collective opinion of the Ministry's leadership before making decisions.
The Minister concludes and provides guidance on issues within the meeting content.
4. If necessary, the Minister decides to convene specialized meetings to discuss draft projects, draft regulatory documents, proposals, plans, long-term and annual work programs, and other necessary contents.
5. The Director of the Office coordinates with the heads of related units to prepare the agenda, content, and materials for the meeting. Meeting materials for the Ministry's leadership must be sent to attendees at least three working days before the meeting, except in emergencies. The meeting agenda must predict the time for presentation, discussion, and conclusion for each meeting item.
The Director of the Office is responsible for organizing the preparation for the Ministry's leadership meetings and appointing someone to take minutes of the meeting. The minutes must be recorded fully and accurately, signed by the Director of the Office, and stored in accordance with regulations.
6. After receiving the Minister's guidance, the Director of the Office is responsible for notifying in writing the results of the Ministry's leadership meeting to subordinate units within three working days after the meeting; in necessary cases, the results of the Ministry's leadership meeting are notified to related agencies and organizations for implementation.
Article 22. Appointment of representatives of the Ministry's leadership to participate in meetings
1. The Minister participates in sessions of the Government, attends sessions of the Politburo, Secretariat, Standing Committee of the National Assembly according to summons and other meetings specifically inviting the Minister. In case the Minister cannot attend and obtains the consent of the summoning agency, the Minister delegates a Deputy Minister to attend the meeting instead. The delegated Deputy Minister must seek the Minister's guidance before attending and has the responsibility to report to the Minister about the content and results of the meeting.
2. In case of invitation for a representative of the Ministry's leadership, the Minister or the Minister appoints a Deputy Minister to attend the meeting.
3. In case of invitation for a representative of the Ministry of Justice, if the Minister cannot attend, another person may be appointed to attend the meeting.
The person appointed by the Minister to represent the Ministry of Justice to attend the meeting must seek the Minister's guidance before attending and report to the Minister about the results of the meeting in accordance with Article 25 of this Charter.
4. The Director of the Office and the heads of related units are responsible for preparing complete materials for the Ministry's leadership to attend the meeting.
Article 23. Heads of Units to Attend Weekly Meetings
1. The heads of units shall attend weekly meetings at the beginning of each month or on an ad hoc basis as required by the Minister.
Participants in the weekly meeting shall include leaders of the Ministry, heads of units, and other officials and civil servants as required by the Minister. In case the head of a unit cannot attend the meeting, they must report to the Minister, and if the Minister agrees, delegate their authority to the Deputy Head of the unit to attend.
The Minister shall chair the weekly meeting; in the absence of the Minister, the Vice Minister assigned by the Minister shall chair the meeting.
2. The Director of the Office shall prepare the agenda for the weekly meeting based on the directives of the Minister and proposals from the heads of units, submit it to the Minister for decision; estimate the time for presentation, discussion, and conclusion for each item on the agenda, and send it to the heads of units at least three working days before the meeting. Units responsible for preparing relevant materials for the agenda shall send them to participants at least two working days before the meeting, except in cases of emergency.
3. Content of the weekly meeting:
a) Announce the resolutions of regular government sessions and the directives of the Government, Prime Minister, and related issues concerning the work of the Ministry and sector;
b) Review the results of the previous month's work; propose key tasks to be implemented in the coming month;
c) Resolve any difficulties, new developments, local recommendations, and proposals during the implementation of the Ministry's and sector's tasks.
The Minister or Vice Minister shall chair and conclude with directives on organizing and implementing work in the following month.
4. If necessary, the Minister may decide to organize specialized meetings to discuss draft projects, draft regulatory documents, plans, long-term and annual programs, and other necessary contents.
5. The Director of the Office shall be responsible for organizing the preparation of the weekly meetings of the heads of units under the Ministry, urging and inspecting the preparation of meeting content and materials by relevant units and organizations, assigning someone to record the minutes of the meeting. The minutes must be recorded fully and accurately, signed for confirmation by the Director of the Office, and stored according to regulations.
6. Within no more than three working days after the weekly meeting, the Director of the Office shall notify in writing the conclusions of the Minister at the weekly meeting to the units for implementation.
Article 24. Joint Meetings
1. Leaders of the Ministry, leaders of units, heads of political organizations, political-social organizations, and heads of People's Inspection Committees shall hold joint meetings at the end of each quarter. Other officials and civil servants may be invited to attend the meeting as required by the Minister.
2. Content of the joint meeting:
a) Provide information on the situation and results of the Ministry's and sector's tasks; review the implementation of the Work Regulations of the Ministry;
b) Announce the conclusions of competent authorities regarding the resolution of negative incidents, corruption, complaints, and denunciations of officials and civil servants;
c) Review the implementation of the resolutions of the Ministry's staff and civil servant conference;
d) Announce feedback from officials and civil servants on the organization and activities of the Ministry; on the implementation of policies and benefits for officials and civil servants;
đ) Discuss policies and measures for coordination between the leadership of the Ministry, Party Committee, Trade Union, Veterans' Association, and Youth League of Ho Chi Minh's Office to fulfill the political tasks of the Ministry and sector;
e) Other issues that the Minister deems necessary.
3. The Director of the Office shall be responsible for organizing the preparation of joint meetings, urging and inspecting the preparation of meeting content and materials by relevant units and organizations, assigning someone to record the minutes of the joint meeting. The minutes must be recorded fully and accurately, signed for confirmation by the Director of the Office, and stored according to regulations.
4. Following the Minister's directive, the Director of the Office shall notify the content and conclusions of the joint meeting to units, the Party Committee, political-social organizations, and the heads of People's Inspection Committees within no more than five working days after the meeting.
Chapter VII
INFORMATION AND REPORTING REGIME
Article 25. Reporting Duties
1. The head of the unit shall have the duty to:
a) Report periodically (monthly, quarterly, semi-annually, and annually) on the situation and results of performing assigned tasks and projects according to the regulations of the Ministry;
b) Report as required by the Deputy Minister or the directly responsible Minister;
c) Seek guidance from the Deputy Minister or the directly responsible Minister for new issues arising, difficulties encountered, and differing opinions among units during the implementation of assigned tasks.
2. In cases where they are sent to meetings or on missions by the Deputy Minister or the directly responsible Minister, those attending meetings or on missions shall be responsible for seeking guidance before the meeting or mission and reporting to the Minister or the Deputy Minister about the content and outcomes of the meeting or mission within five days after its conclusion.
3. The Director of the Department of Justice of provinces and centrally-administered cities shall be responsible for reporting on the organization, staff, and results of local tasks to the Office on a monthly, quarterly, semi-annual, and annual basis, or as required by the Ministry of Justice.
Article 26. Information on the Implementation of Tasks and Operations of the Ministry and Sector
1. Staff members of the Ministry's agencies shall be informed about the implementation of tasks and operations of the Ministry and sector. The scope, content, and form of information dissemination shall be carried out in accordance with the regulations of the Ministry.
2. The Director of the Office shall be the point of contact for providing information to mass media organizations, organizations, and individuals, and shall be accountable to the Ministry leadership for the provided information.
3. In cases where there are requests for information from mass media organizations regarding areas under the Ministry’s jurisdiction, the heads of units shall be responsible for coordinating with the Director of the Office and seeking guidance from the Ministry leadership before providing the information.
4. Staff members must strictly adhere to the speaking discipline of their agency or unit. It is strictly prohibited to provide information without the guidance of the Ministry leadership, unauthorized information, or for personal gain.
Article 27. Receiving and Processing Information and Reports
1. When receiving information from organizations or individuals, staff members of the Ministry of Justice shall report relevant information related to the unit's and the Ministry's operations to the directly responsible leadership.
2. The Office shall be responsible for:
a) Receiving, compiling information and reports from units and localities; preparing regular and ad hoc reports on the implementation of the Ministry's tasks;
b) Promptly notifying the responsible units of issues and problems related to localities as directed by the leadership;
c) Guiding, monitoring, and urging units to strictly implement the information and reporting system and organizing the exploitation of such information to serve the direction and management of the Minister and Deputy Ministers and the implementation of unit tasks.
Article 28. System for Providing and Updating Information on the Ministry of Justice's Electronic Portal
1. Programs and plans of work of the Ministry and units, information serving the management, guidance, and operation of the Ministry, and other information about the organization and activities of the Ministry and sector shall be updated on the Ministry of Justice's electronic portal.
2. The Director of the Office, the Director of the Computing Center, and the heads of units under the Ministry shall ensure the provision and updating of information to meet the requirements of the Minister's direction and management.
3. The provision and updating of information on the Ministry of Justice's electronic portal shall be carried out in accordance with the law and the regulations of the Ministry.
Chapter VIII
SYSTEM FOR BUSINESS TRAVEL AND GUEST RECEPTION
Article 29. Regulations on Local Work Trips
1. When the Minister or Deputy Minister goes on a local work trip, the Director of the Office shall be responsible for:
a) Preparing the work program and plan for the Minister or Deputy Minister at the locality;
b) Coordinating with the heads of relevant units to prepare the content for the Minister's local work trip;
c) Notifying the locality about the schedule of the Minister's work three working days in advance, except in urgent cases.
2. The head of the unit going on a local work trip shall be responsible for drafting the work program and plan, clearly stating the content and time, to be submitted to the Minister for approval.
3. Civil servants going on a work trip shall be assigned by the head of the unit; in urgent cases, they shall be decided upon by the Minister or Deputy Minister designated by the Minister.
Civil servants shall be responsible for preparing the content, seeking opinions from their unit leaders to make statements and report the results of the work trip in writing according to the requirements of their unit leaders or the Ministry leaders.
Article 30. Regulations on Overseas Work Trips and Study Tours
Regulations on overseas work trips and study tours shall be implemented in accordance with the Rules on Selection, Assignment, and Management of Civil Servants of the Ministry for Training and Refresher Courses, the Rules on Management of Foreign Affairs Activities of the Ministry of Justice, and related provisions.
Article 31. Reception of Guests
1. Guests coming to work with units within the Ministry shall register with the Administrative Department to receive guidance. Guests wishing to meet with Ministry leaders shall register with the Secretary of the Ministry's leaders regarding the content and time.
2. When there is a need to meet with Ministry leaders, provincial Departments of Justice under central cities shall be responsible for registering in advance with the Director of the Office regarding the content and time. After receiving instructions from the Ministry leaders, the Director of the Office shall notify the provincial Department of Justice about the meeting time and prepare the conditions for the Ministry leaders to work with the provincial Department of Justice.
3. Receptions of foreign guests shall be carried out in accordance with the Rules on Management of Foreign Affairs Activities of the Ministry of Justice.
4. Receptions of citizens shall be carried out in accordance with the Rules on Citizen Reception of the Ministry of Justice.
Chapter IX
WORK RELATIONSHIPS
Article 32. Relations between the Minister and the Party Cadre Committee
Relations between the Minister and the Party Cadre Committee shall be implemented in accordance with the regulations of the Party and the State and the Working Rules of the Party Cadre Committee of the Ministry of Justice.
Article 33. Relations between the Minister and the Party Committee
1. Every six months or when there is an urgent need, the Minister and the Party Committee or the Standing Committee of the Party Committee shall hold joint meetings to inform each other about policies, plans, implementation situations of professional work and Party work within the Ministry; discuss contents and measures to coordinate leadership in political ideology education, organizational and cadre work, internal protection, leadership of political and social mass organizations within the Ministry to fulfill political tasks, consolidate unity and internal consistency, care for the living standards of cadres and civil servants within the Ministry.
2. In cadre appointment work, the Minister shall cooperate with the Party Committee in accordance with the Party and State regulations on cadre work.
3. The Minister shall cooperate with the Party Committee to direct inspection, commendation, and disciplinary work for party members among cadres and civil servants and publicly announce the results of handling.
4. The Minister shall create favorable conditions for the Party Committee to operate effectively in accordance with resolutions, charters, and Party and state laws.
Article 34. Relations between Ministers, Heads of Units and Trade Union Organizations and Other Political-Social Organizations
1. Ministers and Heads of Units shall cooperate with the Trade Union and other political-social organizations in carrying out the political tasks of their agencies and units, implementing regulations and policies for civil servants according to the provisions, ensuring fairness, democracy, and unity within the agency or unit. When making decisions related to the rights, obligations, and interests of civil servants or issues concerning the activities of political-social organizations, Ministers and Heads of Units shall seek the opinions of these organizations.
The Trade Union and other political-social organizations of the Ministry participate in and supervise the management activities of the Ministry in accordance with the law and the Regulations on Implementing Democracy of the Ministry of Justice.
2. Ministers and Heads of Units shall create conditions for the Trade Union and other political-social organizations within their agencies and units to operate; provide information to the Trade Union and other political-social organizations about economic and social situations, the implementation of tasks of the Ministry, sector, and unit, new guidelines and policies of the Party and State directly related to the rights, obligations, and interests of civil servants in the Ministry.
Article 35. Relations between the Ministry of Justice and Provincial Departments of Justice under Central Cities
1. The Ministry of Justice shall direct and guide professional matters for Provincial Departments of Justice under central cities;
2. Heads of units shall monitor the operational situation, resolve difficulties and address the recommendations of local judicial agencies related to the management field of the unit; implement inspection and reporting systems as prescribed./.
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