Joint Circular No. 23/2014/TTLT-BTP-BNV guides the functions, tasks, powers, and organizational structure of the Department of Justice and the Justice Office at local government levels. The document specifies activities related to judicial administration, household registration management, certification, state compensation, legal aid, law enforcement work, administrative procedure supervision, legal education and dissemination, grassroots mediation, and other areas.
Scope of application
The Department of Justice under the People's Committee of provinces and centrally-run cities; the Justice Office under the People's Committee of districts, towns, urban districts, and provincial-level cities; the People's Committees of provinces and districts.
Key points
- The Department of Justice performs the advisory function for the People's Committee of the province on judicial matters, law building and implementation, inspection of regulatory legal documents, household registration management, certification, state compensation, legal aid, law enforcement work, legal education and dissemination, and grassroots mediation.
- The Justice Office performs the advisory function for the People's Committee of the district on judicial matters, law building and implementation, inspection of regulatory legal documents, household registration management, certification, state compensation, legal aid, law enforcement work, legal education and dissemination, and grassroots mediation.
- The Department of Justice has a Director and not more than 3 Deputy Directors; the Justice Office has a Head and not more than 3 Deputy Heads. The staffing of civil servants is decided by the competent authority.
- The performance of the task of registering and managing household registration by the Provincial Department of Justice and the District Justice Office shall be carried out according to current regulations until the Household Registration Law comes into effect.
- The Department of Justice and the Justice Office are subject to direction and management regarding organization and civil servant staffing from the People's Committee of the province; they are also subject to professional guidance from the Ministry of Justice.
🌐 Social impact of this document
- Positive impact: Enhancing the effectiveness of state management in judicial affairs, improving the quality of law enforcement work, and administrative procedure reform.
- Negative impact: It may impose a burden on personnel and finance for local agencies due to the allocation of civil servant positions.
- Benefits: Citizens benefit from judicial services such as household registration, certification, state compensation, and legal aid. Enterprises have a more favorable business environment with administrative procedure reform.
❓ Frequently asked questions
What are the functions of the Department of Justice and the Justice Office?
The Department of Justice advises the People's Committee of the province on judicial matters, law building, and implementation. The Justice Office performs similar functions but at the district level.
Who is responsible for managing household registration?
The Department of Justice and the Justice Office are responsible for managing household registration, registering and updating electronic household registration information. They also provide services such as issuing certified copies from original records and certifying signatures.
How many Deputy Directors does the Department of Justice have?
The Department of Justice has not more than 3 Deputy Directors; for Hanoi City and Ho Chi Minh City, it has not more than 4 Deputy Directors.
How is the task of registering household registration implemented?
The Provincial Department of Justice and the District Justice Office are responsible for managing household registration and propose the People's Committee of the district to decide on the recovery or cancellation of household registration documents issued by the People's Committee of communes contrary to the provisions of the law.
What are the functions of the Department of Justice concerning state compensation?
The Department of Justice proposes the determination of the responsible agency for compensation when the victim requests or there is no agreement. They also guide the People's Committee of the commune in resolving compensation and provide support information to the victim.
Full text
JOINT CIRCULAR
Guidelines on functions, tasks, powers, and organizational structure of the Department of Justice under the People's Committee of provinces and centrally governed cities and Legal Department under the People's Committee of districts, towns, urban districts, and provincial cities
_______________________
Pursuant to Decree No. 36/2012/ND-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 58/2014/ND-CP dated June 16, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;
Pursuant to Decree No. 37/2014/ND-CP dated May 5, 2014 of the Government stipulating the organization of specialized agencies under the People's Committee of districts, towns, urban districts, and provincial cities;
Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs bodies;
Pursuant to Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;
To implement Decision No. 2369/QD-TTg dated December 28, 2010 of the Prime Minister approving the Project on building the National Criminal Record Center and improving the organizational structure of the Department of Justice for managing criminal record databases;
To implement Decision No. 09/QD-TTg dated January 24, 2013 of the Prime Minister promulgating regulations on standards for citizens' access to the law at grassroots levels;
To implement Decision No. 1950/QD-TTg dated October 25, 2013 of the Prime Minister approving the Project on organizing the establishment and staffing to implement management of administrative violation handling work by the Ministry of Justice, ministries, ministerial-level agencies, and local judicial organs;
The Minister of Justice and the Minister of Home Affairs jointly issue this Circular guiding the functions, tasks, powers, and organizational structure of the Department of Justice under the People's Committee of provinces and centrally governed cities and Legal Department under the People's Committee of districts, towns, urban districts, and provincial cities.
PART I
DEPARTMENT OF JUSTICE
Article 11. The Department of Transportation performs the function of advising and assisting the provincial People's Committee in state management over: roadways, inland waterways, urban rail transit; transport; traffic safety; management, operation, maintenance, and upkeep of urban transportation infrastructure, including: roads, bridges, sidewalks, streets, median strips, road signs, traffic lights, pedestrian tunnels, vehicular tunnels, pedestrian bridges, bus stations, parking lots within its jurisdiction.
1. The Department of Justice is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as the Provincial People's Committee), performing the function of advising and assisting the Provincial People's Committee in state management over: legal system construction and enforcement; law enforcement supervision; inspection and handling of normative legal documents; administrative procedure control; legal affairs; legal dissemination and education; grassroots dispute resolution; civil status registration; nationality; notarization; adoption; criminal record management; state compensation; legal aid; lawyers; legal consultation; notarization; forensic examination; auction; commercial arbitration; management of administrative violation handling work and other judicial tasks as prescribed by law.
2. The Department of Justice has legal personality, its own seal and bank account; it is subject to the direction and management of the Provincial People's Committee regarding organization, staffing, and personnel work; at the same time, it is subject to the direction, guidance, inspection, and audit of the Ministry of Justice in terms of professional matters.
b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;
1. Submit to the provincial People's Committee:
a) Draft decisions, directives, and other documents within the scope of issuance authority of the People's Council and the Provincial People's Committee in the field of justice;
b) Draft long-term plans, five-year plans, annual plans, and programs, projects, measures for organizing the implementation of administrative reform, judicial reform, and legal system construction and improvement within the decision-making authority of the People's Council and the Provincial People's Committee in the field of justice;
c) Draft documents specifying conditions and criteria for positions of heads and deputy heads of units under the Department of Justice; heads and deputy heads of Legal Departments under the People's Committee of districts, towns, urban districts, and provincial cities (hereinafter referred to as the District People's Committee);
d) Draft documents specifying conditions and criteria for positions of heads and deputy heads of units under the Department of Justice; heads and deputy heads of Legal Departments under the People's Committee of districts, towns, urban districts, and provincial cities (hereinafter referred to as the District People's Committee);
2. Submitting to the Chairman of the Provincial People's Committee:
a) Draft decisions on establishing, merging, splitting, and dissolving organizations and units under the Department of Justice in accordance with the law;
b) Draft individual decisions and directives within the issuance authority of the Chairman of the Provincial People's Committee on judicial work in the locality;
3. Implement normative legal documents, plans, programs, projects, and proposals in the field of justice that have been decided and approved by competent authorities;
4. On legislative document drafting:
a) Coordinate with the Office of the Provincial People's Committee to submit to the Provincial People's Committee for approval and adjustment of the program for drafting normative legal documents of the Provincial People's Committee; coordinate with the Office of the Provincial People's Committee to draft the draft proposal for the resolution program of the Provincial People's Council for submission to the Provincial People's Council in accordance with the law;
b) Participate in drafting normative legal documents within the issuance authority of the Provincial People's Committee, which are drafted by other specialized agencies of the Provincial People's Committee;
c) Review draft normative legal documents within the issuance authority of the People's Council and the Provincial People's Committee in accordance with the law;
d) Organize public opinion on draft normative legal documents according to the direction of the Provincial People's Committee and the Ministry of Justice;
5. On law enforcement supervision:
a) Develop, submit to the Provincial People's Committee for issuance and organize implementation of plans to monitor the situation of law enforcement in the locality.
b) Direct, urge, inspect specialized agencies under the Provincial People's Committee and District People's Committee in their work to monitor the implementation of laws at the local level; propose to the Provincial People's Committee on handling the results of monitoring the implementation of laws;
c) Summarize, compile reports on the implementation of laws in the locality and recommend measures to address difficulties and obstacles in implementing laws to the Provincial People's Committee and the Ministry of Justice;
d) Monitor the implementation of laws in judicial fields within the scope of management by the Provincial People's Committee;
6. Regarding inspection and handling of regulatory legal documents:
a) Assist the Provincial People's Committee in self-inspecting documents issued by the Provincial People's Committee;
b) Inspect regulatory legal documents of the People's Council and District People's Committee; guide specialized agencies under the District People's Committee in self-inspecting regulatory legal documents and inspecting regulatory legal documents of the People's Council and Commune People's Committees (hereinafter referred to collectively as Commune People's Committees) according to the provisions of the law;
c) Advise the Chairman of the Provincial People's Committee on handling unlawful documents that have been discovered; inspect and urge the implementation of measures to handle unlawful documents according to the provisions of the law;
7. Organize the implementation of reviews and systematization of regulatory legal documents of the People's Council and Provincial People's Committee according to the provisions of the law; urge, guide, and summarize the results of reviews and systematizations conducted by specialized agencies under the Provincial People's Committee and the District People's Committee;
8. Regarding administrative procedure supervision:
a) Guide and train on professional matters related to administrative procedure supervision and administrative reform; organize the implementation of reviews and evaluations of administrative procedures within the jurisdiction of various levels of government on the territory according to the provisions of the law;
b) Provide opinions and review administrative procedures in draft regulatory legal documents within the authority to issue of the People's Council and Provincial People's Committee;
c) Urge relevant departments, agencies, and units to implement statistics on newly issued administrative procedures, administrative procedures amended, supplemented, or replaced, administrative procedures abolished or revoked; control the quality and enter data on published administrative procedures and related documents into the National Database on Administrative Procedures; create connections between the website of the Provincial People's Committee and the National Database on Administrative Procedures;
d) Organize the receipt, study, and proposal for assigning tasks to handle reflections and recommendations from individuals and organizations regarding administrative regulations within the authority of the People's Committee and the Chairman of the Provincial People's Committee; monitor and urge the handling of reflections and recommendations from individuals and organizations regarding administrative regulations at departments, agencies, District People's Committees, Commune People's Committees, and other related units;
đ) Organize research, propose, and present to the Provincial People's Committee initiatives for administrative procedure reform and related regulations; monitor, urge, and guide related units to organize implementation after approval by the Chairman of the Provincial People's Committee;
e) Assist the Provincial People's Committee in inspecting the implementation of administrative procedure supervision activities at departments, committees, District People's Committees, and Commune People's Committees;
g) Propose to the Provincial People's Committee the establishment of a system of full-time civil servants responsible for administrative procedure supervision duties on a part-time basis at departments, committees, District People's Committees, Commune People's Committees, and related units in the locality;
h) Perform administrative procedure supervision and administrative reform tasks in areas under the management of the Department of Justice;
9. Regarding popularizing, educating about the law, and grassroots mediation:
a) Build and submit to the Provincial People's Committee for issuance programs and plans on popularizing and educating about the law and organize their implementation after issuance;
b) Monitor and guide the work of popularizing and educating about the law at the local level; urge and inspect specialized agencies directly under the Provincial People's Committee, related agencies and organizations, and District People's Committees in organizing Law Day in the locality;
c) Fulfill the role of the permanent agency of the Provincial Popularization and Legal Education Coordination Council;
d) Build and manage a team of legal lecturers and legal propagandists; participate with related agencies in standardizing the team of teachers teaching civic education subjects and teachers and lecturers teaching law according to the provisions of the law;
đ) Guide the construction, management, and utilization of legal bookshelves at commune level and in agencies and units according to the provisions of the law;
e) Guide on the organization and operation of grassroots mediation according to the provisions of the law; guide the business skills and techniques of grassroots mediators according to the Inter-Ministerial Regulation between the Government and the Vietnam Fatherland Front Central Committee and the guidance of the Ministry of Justice;
10. Take the lead and coordinate with the Department of Culture, Sports, and Tourism and related Departments to assist the Provincial People's Committee in guiding the development of village regulations, community regulations, neighborhood regulations, and other forms (collectively referred to as village regulations) in accordance with the provisions of the law;
11. Assist the Provincial People's Committee in performing tasks related to building communes, towns, and wards approaching the rule of law as prescribed;
12. Regarding household registration, nationality, certification, and adoption:
a) Direct, guide the organization and implementation of civil status registration and management, nationality work at the local level; provide business guidance to specialized agencies under the People's Committee at the district level and judicial officers - Civil Status under the People's Committee at the commune level regarding issuing certified true copies from original books, certifying true copies from original documents, and certifying signatures;
b) Establish the system for civil status registration and management; manage, update, and exploit the electronic civil status database in accordance with regulations; perform civil status registration tasks as prescribed by law;
c) Resolve matters related to international adoption within the authority as prescribed by law and directed by the People's Committee at the provincial level;
d) Review files, submit to the People's Committee at the provincial level for resolution of matters related to adoption within the authority of the People's Committee at the provincial level as prescribed by law; propose the People's Committee at the provincial level to decide on revoking or canceling civil status documents issued by the People's Committee at the district level contrary to the provisions of law (except in cases of illegal marriage);
đ) Perform tasks to resolve applications for acquisition, renunciation, resumption of Vietnamese nationality; confirm Vietnamese nationality; issue certificates confirming Vietnamese nationality; announce Vietnamese nationality; manage and store nationality records in accordance with the law;
13. Regarding criminal record:
a) Build, manage, exploit, protect, and use the criminal record database at the local level in accordance with the law;
b) Receive, process information on criminal records provided by courts, civil enforcement agencies, relevant agencies and organizations, and the National Criminal Record Center; provide criminal records and supplementary information to the National Criminal Record Center; provide criminal record information to other Departments of Justice;
c) Establish criminal records, update supplementary criminal record information as prescribed;
d) Issue Criminal Record Certificates according to authority;
14. Regarding state compensation:
a) Guide skills and procedures for state compensation work for officials performing state compensation work at specialized agencies under the People's Committee at the provincial and district levels;
b) Propose, submit to the People's Committee at the provincial level for determination of the responsible agency for state compensation in cases where the aggrieved party requests or there is no agreement on the determination of the responsible agency for state compensation as prescribed by law; monitor, urge, and inspect the resolution of compensation, payment of compensation money, and the fulfillment of repayment responsibilities as prescribed by law;
c) Provide information and guide procedures to assist aggrieved parties in exercising their right to claim compensation in administrative management activities;
15. Regarding legal aid:
a) Manage and guide the organization and operation of Legal Aid Centers and Branches of the State Legal Aid Center; the participation in legal aid activities of Law Offices, Law Companies, Legal Consultation Centers in accordance with the law;
b) Perform the duties of the permanent body of the Inter-sectoral Coordination Council on Legal Aid at the provincial trial level;
c) Propose the Chairman of the People's Committee at the provincial level to appoint and relieve Legal Aid Officers; decide to recognize, issue, and revoke Legal Aid Volunteer Cards; issue, change, and revoke Legal Aid Participation Registration Certificates of Law Offices, Law Companies, and Legal Consultation Centers;
16. Regarding lawyers and legal consultation:
a) Advise and propose to the Provincial People's Committee to implement measures to support the development of lawyer practice organizations, and the organization and activities of legal consultation at the local level;
b) Review files, submit to the People's Committee at the provincial level for decisions to permit the establishment, approve the results of the Congress of Lawyer Associations, dissolve Lawyer Associations; chair and coordinate with the Department of Personnel and Administration to review and submit to the People's Committee at the provincial level for consideration and approval of Programs for organizing Congresses for new terms, plans for establishing Management Boards, Reward and Disciplinary Committees for new terms;
c) Issue and revoke Practice Licenses for Vietnamese law firms, foreign law firms operating in Vietnam, and Legal Consultation Centers; issue and revoke Legal Consultant Cards;
d) Provide information about the registration of operations of Vietnamese law firms, foreign law firms operating in Vietnam to state agencies, organizations, and individuals as required by law; request Lawyer Associations to provide information about the organization and activities of lawyers, require law firms to report on organizational and operational situations when necessary;
đ) Compile lists and monitor individuals registered to practice with Lawyer Associations at the local level;
17. Regarding notarization:
a) Organize the implementation of the overall development plan for notary practices approved by the Prime Minister at the local level;
b) Propose the Minister of Justice to appoint and relieve Notaries; decide to temporarily suspend the notary practice of notaries;
c) Submit to the People's Committee at the provincial level for decisions to establish, convert, dissolve Notary Offices, and permit the establishment, change, consolidation, merger, transfer, and revocation of decisions to establish Notary Offices in accordance with regulations;
d) Issue and revoke Practice Licenses for Notary Offices; record changes in the list of notaries who are partners of Notary Offices; examine and notify in writing Notary Offices about the registration of notaries working under contractual arrangements;
đ) Build, exploit, and use the notarization database in accordance with regulations;
18. Regarding forensic examination:
a) Submit to the People's Committee at the provincial level for decisions to permit the establishment of Forensic Examination Offices; convert the type of activity, change, and supplement the scope of forensic examination of Forensic Examination Offices;
b) Issue Practice Licenses for Forensic Examination Offices; coordinate with specialized agencies under the People's Committee at the provincial level regarding the appointment and relief of forensic examiners at the local level;
c) Evaluate the organization and quality of forensic examination activities at the local level; propose solutions to ensure the quantity and quality of forensic examiners in accordance with the requirements of trial activities at the local level;
d) Chair and coordinate with specialized agencies to assist the Provincial People's Committee in state management of the Notary Office's activities in accordance with the law.
19. Regarding auction sales of assets:
a) Organize the implementation of the planning for the development of auction organizations in the locality after approval by the Provincial People's Committee; advise and propose to the Provincial People's Committee on measures to support the development of auction organizations and personnel in the locality;
b) Guide auction procedures for asset auction organizations within the locality.
20. Assist the Provincial People's Committee in state management of commercial arbitration work in accordance with the law.
21. Regarding registration of secured transactions:
a) Conduct regular inspections of land registration offices in the locality in accordance with the law;
b) Regularly report to the Ministry of Justice on the registration of secured transactions concerning land use rights and attached assets in the locality.
22. Regarding legal affairs work:
a) Draft and submit to the Provincial People's Committee for issuance the annual legal affairs program and plan for the locality and organize its implementation after issuance;
b) Manage and inspect legal affairs work for dedicated legal officers and Legal Affairs Departments within the organizational structure of specialized agencies under the Provincial People's Committee;
c) Assist the Provincial People's Committee in chairing or coordinating with ministries and sectors in guiding and organizing training on legal skills, expertise, and procedures for dedicated legal officers and Legal Affairs Departments within the organizational structure of specialized agencies under the Provincial People's Committee;
d) Manage, inspect, guide, and organize training on legal skills, expertise, and procedures for legal departments of state-owned enterprises in the locality;
đ) Advise and propose to the Provincial People's Committee on building and consolidating legal departments, implementing measures to enhance the effectiveness of legal affairs work in the locality.
23. Organize the implementation or coordinate with specialized agencies under the Provincial People's Committee to implement legal support activities for businesses in accordance with the law.
24. Regarding management of the enforcement of laws on administrative violations:
a) Assist the Provincial People's Committee in monitoring, guiding, urging, inspecting, and reporting on the enforcement of laws on the handling of administrative violations in the locality; propose research and handling of unfeasible, unsuitable, overlapping, or contradictory provisions on administrative violations according to the law;
b) Popularize and train on the application of laws on the handling of administrative violations within the scope of local management;
c) Conduct statistics on the handling of administrative violations within the scope of management of the locality; build and manage a database on the handling of administrative violations and integrate it into the national database on the handling of administrative violations at the Ministry of Justice.
25. Assist the Provincial People's Committee in performing tasks and powers regarding civil and administrative enforcement proceedings in accordance with the law and the cooperation regulations between judicial agencies and local civil enforcement agencies issued by the Ministry of Justice.
26. Organize training and professional development on judicial work and laws for District Legal Departments, Civil Registry Officers at commune level, and other relevant organizations and individuals in accordance with the law.
27. Inspect and audit agencies, organizations, and individuals in the enforcement of laws within the scope of management of the Department of Justice; handle complaints, denunciations, and anti-corruption in accordance with the law or as delegated or authorized by the Chairman of the Provincial People's Committee.
28. Implement international cooperation on laws and judicial work in accordance with the law and as assigned or authorized by the Chairman of the Provincial People's Committee.
29. Organize research and application of science and information technology in areas under the State management of the Department of Justice.
30. Specify the functions, tasks, powers, and working relationships of the Department's Office, specialized professional departments, and public service units; manage organizational structures, civil servant quotas, job classification structures, positions, and staffing levels based on occupational titles; implement salary systems and incentive policies, training, rewards, and disciplinary actions for cadres, civil servants, officials, and workers under the management of the Department of Justice in accordance with the law and as delegated or authorized by the Provincial People's Committee.
31. Manage and be responsible for financial resources and assets allocated in accordance with the law and as delegated, classified, or authorized by the Provincial People's Committee.
32. Implement information, statistical, compilation, and periodic and ad hoc reporting on the implementation of assigned tasks in various fields of work to the Provincial People's Committee and the Ministry of Justice.
33. Guide and inspect the implementation of self-management and self-responsibility mechanisms of subordinate public service organizations in accordance with the law.
34. Perform other tasks assigned by the Provincial People's Committee or as stipulated by the law.
Article 3. Organizational Structure and Staffing
1. Leadership of the Department:
a) The Department of Justice has a Director and not more than three (3) Deputy Directors; for Hanoi City and Ho Chi Minh City, not more than four (4) Deputy Directors;
b) The Director of the Department is the head of the Department of Justice, accountable to the People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Department, professional guidance and supervision of District Legal Departments and Civil Registry Officers at commune level, and the performance of other assigned functions, tasks, and powers;
c) Deputy Directors assist the Director in managing and directing certain aspects of work and are accountable to the Director and the law for the performance of assigned tasks. In the absence of the Director, a Deputy Director appointed by the Director shall take charge of the Department's operations.
d) The appointment of the Director and Deputy Director of the Department shall be decided by the Chairman of the Provincial People's Committee in accordance with the regulations of the Party and State on cadre work and in compliance with the professional standards prescribed by the Ministry of Justice.
đ) The removal, transfer, rotation, commendation, disciplinary action, resignation, retirement, and implementation of policies for the Director and Deputy Director of the Department shall be decided by the Chairman of the Provincial People's Committee in accordance with the provisions of the law.
2. Organizational Structure:
a) Advisory, consolidation, and specialized functional organizations:
- For Hanoi and Ho Chi Minh City, the organizational structure of the Department of Justice shall be established in accordance with the actual situation of the locality, including the Department Office, the Department Inspectorate, and no more than nine specialized functional departments; if this number is exceeded, the Chairman of the Municipal People's Committee shall direct the development of a proposal to establish the organization and must reach consensus with the Ministry of Home Affairs and the Ministry of Justice before making a decision.
- For other provinces and centrally governed cities, the organizational structure of the Department of Justice shall include the Department Office, the Department Inspectorate, and six specialized functional departments as follows:
+ Department of Legal Document Construction and Inspection (responsible for the construction, inspection, review, systematization of legal normative documents, legal affairs work, and legal support for businesses);
+ Department of Administrative Procedure Supervision (responsible for administrative procedure supervision work);
+ Department of Administrative Violation Handling and Law Enforcement Monitoring (responsible for administrative violation handling and law enforcement monitoring work);
+ Department of Legal Education and Dissemination (responsible for legal education and dissemination work, grassroots mediation, village regulations and customs building, and building law-abiding communes, wards, and towns);
+ Department of Administrative Justice (including civil status registration, nationality, notarization, adoption, state compensation, secured transaction registration, criminal record verification – except for centrally governed cities);
+ Department of Judicial Assistance (including lawyers, legal consultation, notarization, judicial appraisal, auction of assets, commercial arbitration (if applicable), legal aid, civil execution, and other judicial fields).
The establishment of the Cadre and Civil Servant Organization Department within the Department or a cadre and civil servant section within the Department Office shall be decided by the Chairman of the Provincial People's Committee.
- The Criminal Record Verification Department shall be established in centrally governed cities in accordance with the Prime Minister's regulations.
b) Public service organizations under the Department:
- Notary Departments;
- National Legal Aid Center;
- Asset Auction Service Center.
The establishment, restructuring, and dissolution of other public service units directly under the Department of Justice shall be carried out in accordance with the provisions of the law.
3. Staffing:
a) Based on the functions, tasks, workload, nature, and characteristics of local judicial work, the Provincial People's Committee shall allocate sufficient staffing, meeting the position requirements and standards for the Department of Justice to fulfill assigned tasks, ensuring that each specialized department under the Department has a Head, no more than two Deputy Heads, and other civil servants.
b) The number of personnel working in public service units, including civil servants and workers, shall be decided by the Provincial People's Committee in accordance with the law.
c) Recruitment and placement of civil servants and public servants of the Department of Justice must be based on job positions, titles, standards, and civil servant grade structures, and public servant career titles as prescribed by the law.
Chapter II
LEGAL DEPARTMENT
1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.
1. The Justice Office is a specialized agency under the People's Committee of the district, town, city, or provincial town (hereinafter referred to collectively as the District People's Committee), performing the function of advising and assisting the District People's Committee in managing state administration in the areas of: legal document construction and enforcement; law enforcement monitoring; legal document inspection and handling; administrative procedure supervision; legal education and dissemination; grassroots mediation; adoption; civil status registration; notarization; state compensation; legal aid; management of law enforcement activities concerning administrative violations, and other judicial activities as prescribed by law.
2. The Justice Office is subject to the direction and management of the District People's Committee regarding organizational structure, job positions, civil servant staffing, and civil servant grade structures, while also being subject to the direction, inspection, auditing, and guidance of the Department of Justice in specialized and professional matters.
Article 5. Tasks and Powers
1. Submitting draft decisions and directives, long-term plans, five-year plans, and annual plans in the field of justice to the District People's Committee for issuance; organizing programs and measures to implement administrative reform, judicial reform, and the construction and improvement of laws in areas within the jurisdiction of the People's Council and the District People's Committee in the field of justice.
2. Submit to the Chairman of the district People's Committee for drafting documents in the field of justice within the authority of the Chairman of the district People's Committee.
3. Implementing legal normative documents, plans, and programs in the field of justice after they have been approved by the competent authority.
4. Direct, guide, and inspect professional matters related to judicial work at the commune level.
5. Regarding legislative document construction:
a) Cooperating in drafting decisions and directives within the jurisdiction of the District People's Committee, which are primarily developed by other specialized agencies under the District People's Committee;
b) Reviewing draft legal normative documents within the jurisdiction of the People's Council and the District People's Committee; providing comments on draft legal normative documents of the District People's Council according to the law;
c) Organizing public opinion on draft laws and ordinances according to the guidance of the District People's Committee and the Department of Justice.
6. Regarding law enforcement monitoring:
a) Develop and submit to the district People's Committee for issuance and implementation of the Plan to monitor the implementation of laws in the locality;
b) Guiding, urging, and inspecting specialized agencies under the District People's Committee and specialized civil servants under the Commune People's Committee in implementing law enforcement monitoring work at the local level;
c) Summarizing and proposing to the District People's Committee on the handling of law enforcement monitoring results;
d) Monitoring the enforcement of laws in the field of justice within the scope of management of the District People's Committee.
7. Regarding inspection of legislative documents:
a) Assist the People's Council and People's Committee at the district level to self-inspect documents issued by the People's Council and People's Committee at the district level; guide specialized civil servants under the People's Committee at the commune level to implement self-inspection of regulatory legal documents issued by the People's Committee at the commune level;
b) Implement inspection of regulatory legal documents of the People's Council and People's Committee at the commune level in accordance with the provisions of the law; submit to the Chairman of the People's Committee at the district level for decision on measures to handle illegal documents in accordance with the provisions of the law.
8. Organize the implementation of the review and systematization of regulatory legal documents of the People's Council and People's Committee at the district level in accordance with the provisions of the law; urge, guide, and compile results of the general review and systematization of specialized agencies under the People's Committee at the district level and of the People's Committee at the commune level.
9. Regarding administrative procedure control:
a) Organize the implementation of tasks related to administrative procedure control according to the directives of the People's Committee at the district level, guidance from higher judicial authorities, and in accordance with the law on administrative procedure control;
b) Advise and assist the People's Committee at the district level in directing and organizing the review and evaluation of administrative procedures implemented within the district to propose amendments, supplements, revocations, or abolitions;
c) Guide, urge, and inspect the implementation of publicizing administrative procedures, reporting on the situation and results of handling administrative procedures, and receiving and processing complaints and suggestions regarding administrative regulations from specialized agencies at the district level and the People's Committee at the commune level.
10. Regarding popularizing, educating the law, and grassroots mediation:
a) Develop and submit to the People's Committee at the district level for issuance of programs and plans for popularizing and educating the law and organize their implementation after they are issued;
b) Monitor, guide, and inspect the work of popularizing and educating the law in the locality; urge and inspect specialized agencies directly under the People's Committee at the district level, relevant agencies and organizations, and the People's Committee at the commune level in organizing National Law Day within the area;
c) Perform the duties of the permanent agency coordinating body for popularizing and educating the law at the district level;
d) Build and manage the cadre of legal reporters and legal propagandists in accordance with the law;
đ) Guide the construction, management, and exploitation of legal bookcases at the commune level and other agencies and units within the area in accordance with the law;
e) Organize the implementation of legal provisions on grassroots mediation.
11. Review draft village regulations and community regulations before submitting to the Chairman of the People's Committee at the district level for approval.
12. Assist the People's Committee at the district level in implementing tasks related to building communes, towns, and wards to approach the law in accordance with the provisions.
13. Regarding management and registration of household records:
a) Direct and inspect the organization and implementation of household record registration and management within the area; organize training for commune-level judicial and household record civil servants;
b) Assist the People's Committee at the district level in implementing household record registration in accordance with the law; propose the People's Committee at the district level to decide on the recovery and cancellation of household record documents issued by the People's Committee at the commune level that violate the law (except in cases of illegal marriage);
c) Manage, update, and exploit the electronic household record database and issue copies of household record extracts in accordance with the law;
d) Manage and use Household Record Books, household record forms; store Household Record Books and household record registration files in accordance with the law.
14. Carry out tasks related to managing adoption in accordance with the law.
15. Regarding certification:
a) Guide and inspect the professional activities of specialized civil servants under the People's Committee at the commune level in issuing certified true copies from original books, certifying copies from originals, and certifying signatures;
b) Implement the issuance of certified true copies from original books, certifying copies from originals, and certifying signatures in accordance with the law.
16. Regarding state compensation:
a) Propose and submit to the People's Committee at the district level for determination of the responsible agency for compensation when the person suffering damage requests it or there is no agreement on the determination of the responsible agency for compensation in accordance with the law;
b) Guide the People's Committee at the commune level in handling compensation;
c) Provide information and guide procedures to support persons suffering damage in exercising their right to request compensation in administrative management activities;
d) Monitor, urge, and inspect the handling of compensation, payment of compensation money, and the fulfillment of the obligation to repay in accordance with the law for cases where the People's Committee at the commune level is responsible for handling compensation.
17. Carry out tasks related to legal aid in accordance with the law.
18. Regarding management of the implementation of laws on administrative violations:
a) Assist the People's Committee of the district in monitoring, urging, inspecting, and reporting on the implementation of laws on administrative violation handling in the locality;
b) Propose to the People's Committee at the provincial level to request competent authorities to study and handle unfeasible, unsuitable, overlapping, or contradictory provisions on administrative violations;
c) Guide professional activities in the implementation of laws on administrative violations;
d) Conduct statistics on the handling of administrative violations within the scope of management of the locality.
19. Assist the People's Committee at the district level in performing tasks and powers related to civil and administrative enforcement in accordance with the law and the cooperation regulation between judicial agencies and local civil enforcement agencies issued by the Ministry of Justice.
20. Organize training and professional development for commune-level judicial and household record civil servants, organizations, and individuals related to state management in the field of judicial affairs in accordance with the law.
21. Organize the application of science and technology; build information and storage systems to serve state management in areas under the jurisdiction of the Office.
22. Implement information, statistical, and periodic and ad hoc reporting on the implementation of assigned tasks in accordance with the provisions of the People's Committee at the district level and the Department of Justice.
23. To主持,与相关机构配合检查、参与监督在组织和个人所在地区实施法律的情况;处理申诉和控诉;防止司法活动中的贪污腐败和浪费行为,按照法律规定和县级人民委员会的分工。
24. 管理组织机构、职位设置、公务员编制、职等结构,执行工资制度、激励政策、奖励和纪律处分制度以及对属于该室管理范围内的公务员进行专业培训和继续教育,根据法律规定和县级人民委员会的分工。
25. 管理并对其负责的办公室财产和财务,根据法律规定和县级人民委员会的分工。
26. 执行县级人民委员会指派或根据法律规定应执行的其他任务。
Article 6. Organization and Staffing
1. 法律事务办公室设主任一名,副主任不超过三名及其他公务员。
a) 主任对县级人民委员会主席和县级人民委员会负责,就其分配的任务和整个办公室及其管辖范围内各乡法律事务—户籍公务员的工作负责,并遵守法律规定;
b) 副主任是协助主任负责和监督某些工作的人员;对主任和法律规定负责所分配的任务。当主任不在时,由主任指定的一名副主任负责办公室的运作;
c) 对主任和副主任的任命、调动、轮换、奖励、纪律处分、免职和辞职,以及执行制度和政策,由县级人民委员会主席根据法律规定决定;
2. 法律事务办公室的公务员编制由县级人民委员会主席根据有权机关批准的县级总公务员编制决定。
安排法律事务办公室公务员工作必须依据职位设置、职务名称、标准和职等结构的规定,并确保有足够的力量以满足分配的任务要求。
Chapter III
IMPLEMENTATION
Article 7. Effective date
1. 本联合通知自2015年2月15日起生效。
2. 本联合通知取代了2009年4月28日由司法部和内务部联合发布的第01/2009/TTLT-BTP-BNV号通知,关于省级司法厅和县级法律事务办公室的功能、任务、权限和组织结构的指导,以及2011年10月19日由司法部和内务部联合发布的第18/2011/TTLT-BTP-BNV号通知,关于省级司法厅和县级法律事务办公室关于国家赔偿任务、权限、组织和编制的指导,以及2011年1月26日由政府办公厅和内务部联合发布的第01/2011/TTLT-VPCP-BNV号通知中第四条、第五条和第六条,关于行政程序控制部门的职能、任务、权限、组织和编制的指导。
1. 省级司法厅和县级法律事务办公室的户籍登记和管理任务将根据现行规定执行,直到户籍法及其实施细则生效为止。
Article 8Responsibility for Implementation
1. Provincial People's Committees shall be responsible for:
a) 具体规定省级司法厅的任务、权限、组织结构和编制;根据地方经济和社会发展特点,决定设立、合并、解散、拆分和重组属于省级司法厅的事业单位,根据已获有权机关批准的规划和本联合通知的指导;
b) 指导并指示县级人民委员会具体规定法律事务办公室的功能、任务、权限、组织和编制;确保乡级法律事务—户籍公务员的编制符合法律规定的要求;不安排乡级法律事务—户籍公务员兼任其他工作;
c) 组织开展法制工作,并审查、调整和安排公务员编制,以适应省级人民委员会的职能,并确保完成根据2011年7月4日政府第55/2011/NĐ-CP号法令规定的任务和权限;
d) 指示省级司法厅、省级内务厅和县级人民委员会迅速制定和审核关于省级司法厅、县级法律事务办公室和省级司法厅所属公立事业单位的职位设置和职等结构方案;执行公务员和职员编制审查,向省级人民委员会报告,提出有权机关分配和调整省级司法厅公务员和职员编制数量的建议,以确保按法律规定执行任务;
e) 按年度定期审查并向司法部和内务部报告省级司法厅、县级法律事务办公室和乡级法律事务—户籍公务员,以及省级人民委员会各专业部门的法制组织和人员情况,根据法律规定;
2. 县级人民委员会负责指导、监督和检查以下乡级法律事务的专业工作:
a) 制定和提交乡级法律事务计划、方案、决定和指示给乡级人民委员会审批并组织实施;
b) 执行行政程序监督任务;自行检查、处理和审查、系统化由乡级人民代表大会和乡级人民委员会颁布的规范性文件;指导制定符合现行法律规定的村规民约。
c) Manage and implement the work of enforcing administrative violation laws as prescribed by law; monitor the enforcement of laws at the local level; propose to the People's Committee of the commune to handle or report to the competent authority to handle the results of monitoring the enforcement of laws as prescribed by law;
d) Develop and submit to the People's Committee of the commune for issuance and implementation of programs and plans for popularizing and educating the law; build, train, enhance, and manage the team of law propagandists; organize the implementation of Law Day; manage, exploit, and use the Legal Bookcase at the commune level;
đ) Organize the implementation of regulatory documents on grassroots dispute resolution; establish and improve dispute resolution teams and recognize the heads of such teams and mediators at the local level; organize inspections, mid-term reviews, final summaries, and rewards for grassroots dispute resolution;
e) Carry out tasks to build communes, towns, and districts that are close to the rule of law as prescribed;
g) Manage and register household registration; perform certain matters related to nationality at the commune level as prescribed by law;
h) Issue certified copies from original registers, certify copies from originals of documents and texts in Vietnamese, certify signatures in documents and texts in Vietnamese; certify other matters as prescribed by law;
i) Coordinate with civil enforcement agencies in civil enforcement within their jurisdiction as prescribed by law;
3. The Chairman of the Provincial People's Committee is responsible for organizing the implementation of this Circular;
In the course of implementation, if there are difficulties or need for supplementation or amendment, the Provincial People's Committee shall report to the Ministry of Justice and the Ministry of Home Affairs for consideration and resolution within their respective authorities./.
Original document (PDF)
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: