CIRCULAR No. 23/2025/TT-BTP On the Delegation of Management of Personnel and Organization within the Ministry of Justice

 CIRCULAR
ON THE DELEGATION OF MANAGEMENT AUTHORITY OVER ORGANIZATIONAL AND STAFF AFFAIRS OF THE MINISTRY OF JUSTICE

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Cadres and Civil Servants No. 80/2025/QH15;

Pursuant to the Law on Public Officials No. 58/2010/QH12, amended and supplemented by Law No. 52/2019/QH14;

Pursuant to Decree No. 39/2025/NĐ-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.

The Minister of Justice issues this Circular on the delegation of management authority over organizational and staff affairs of the Ministry of Justice.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular prescribes the principles, contents, and authorities of the heads of units under the Ministry and the heads of public service units under the Department in managing the organizational and staff affairs of their respective units.

Article 2. The management delegation of organizational and staff affairs for the system of civil execution agencies shall be carried out in accordance with the provisions of laws and the Ministry of Justice regarding the delegation of management authority over civil servants, public officials, and employees of civil execution agencies.

Article 3. The management delegation of organizational and staff affairs for the Vietnam Legal Newspaper shall be implemented in accordance with this Circular and the regulations of the Ministry of Justice on the assignment and delegation of responsibilities for managing organizational and staff affairs.

Article 4. Scope of Application:

1. The Office of the Ministry, Departments, and Bureaus under the Ministry.

2. Public service units, including:

a) Public service units under the Ministry that self-fund regular expenses and investment costs (hereinafter referred to as Group 1 public service units under the Ministry);

b) Public service units under the Ministry that self-fund regular expenses (hereinafter referred to as Group 2 public service units under the Ministry);

c) Public service units under the Ministry that partially self-fund regular expenses (hereinafter referred to as Group 3 public service units under the Ministry);

d) Public service units under the Ministry that are fully funded by the State for regular expenses (hereinafter referred to as Group 4 public service units under the Ministry);

đ) Public service units under the Department that self-fund investment costs and regular expenses (hereinafter referred to as Group 1 public service units under the Department);

e) Public service units under the Department that self-fund regular expenses (hereinafter referred to as Group 2 public service units under the Department);

g) Public service units under the Department that partially self-fund regular expenses (hereinafter referred to as Group 3 public service units under the Department);

h) Public service units under the Department that are fully funded by the State for regular expenses (hereinafter referred to as Group 4 public service units under the Department).

3. Civil servants and public officials working at the units specified in Clauses 1 and 2 of this Article.

Article 5. Principles of Delegation

1. Ensuring compliance with the Constitution, consistent with the principles and provisions on delegation in the Government Organization Law 2025; strictly adhering to the regulations of the Party and state laws on cadre and personnel work.

2. Strictly implementing the principle of democratic centralism, collective decision-making, while fully exercising individual responsibility, and the responsibility of the head delegated in cadre and personnel work.

3. Delegating management authority over organizational and staff affairs in accordance with the degree of financial autonomy and management capacity of agencies and units; ensuring improved efficiency in managing organizational and staff affairs and the operations of agencies and units.

4. Clearly defining the responsibilities and authorities of agencies, units, and individuals in managing the organizational and staff affairs of the Ministry; strengthening supervisory work by higher-level authorities over the responsibility of the heads of agencies and units delegated in managing the organizational and staff affairs of the Ministry.

5. Agencies, units, and individuals proactively implement assigned tasks in accordance with the regulations of the Party, state laws, and the Ministry's regulations on cadre and personnel work; they are responsible before the law and higher-level authorities for the implementation of delegated tasks.

Chapter II
AUTHORITY ON ORGANIZATIONAL STRUCTURE,
STAFFING OF CIVIL SERVANTS AND PUBLIC OFFICIALS

Article 4. Authority on organizational structure

The Director of the Ministry's Office, Department Heads, Bureau Chiefs, and the Head of affiliated public service units under the Ministry shall define the functions, tasks, powers of departments and equivalent organizations, and public service units (if any) within their units.

Article 5. Authority on personnel management

1. The Director of the Ministry's Office, Department Heads, and Bureau Chiefs shall decide to allocate civil servant positions for each administrative organization within the unit's organizational structure within the total number of civil servant positions allocated annually by the Minister and ensure the criteria for establishing subordinate organizations as prescribed by law.

2. The Head of affiliated public service units under the Ministry shall decide to allocate the number of staff for each organization within the unit's organizational structure within the total number of staff approved annually by the authority or allocated by the Minister and ensure the criteria for establishing subordinate organizations as prescribed by law.

3. The Head of affiliated public service units under the Ministry belonging to Group 1 and Group 2 shall handle the reduction of staff positions for officials at the Department level and below.

Chapter III
AUTHORITY ON MANAGEMENT AND USE
CIVIL SERVANTS, OFFICIALS

Article 6. Authority on appointment, reappointment, delegation of power, assignment of responsibility, extension of term of office, removal from office, temporary suspension, termination of office, resignation, dismissal, transfer, rotation

1. The Bureau Chief shall decide on the appointment, reappointment, delegation of power, extension of term of office, removal from office, temporary suspension, termination of office, resignation, dismissal, transfer, and rotation of Department-level Leaders and equivalent positions within the Bureau, and Leaders of affiliated public service units under the Bureau; decide on the transfer and change of job position for civil servants and officials not holding leadership or managerial positions within the unit.

2. The Head of affiliated public service units under the Ministry belonging to Group 1 and Group 2 shall decide on the appointment, reappointment, delegation of power, assignment of responsibility, extension of term of office, removal from office, temporary suspension, termination of office, resignation, dismissal, transfer, and rotation of Department-level Leaders and equivalent positions within the unit; decide on the transfer and change of job position for officials not holding leadership or managerial positions within the unit.

3. The Head of affiliated public service units under the Ministry belonging to Group 3 and Group 4 shall decide on the transfer and change of job position for officials not holding leadership or managerial positions within the unit.

4. The Director of the Ministry's Office and Department Heads shall decide on the transfer and change of job position for civil servants not holding leadership or managerial positions within the unit.

Article 7. Authority on approval of planning

The Head of affiliated public service units under the Ministry belonging to Group 1 and Group 2 shall approve planning for positions of Department-level Leaders and below within the unit.

Article 8. Authority on dispatching officials for training and upgrading

1. The Bureau Chief shall decide to dispatch officials of affiliated public service units under the Bureau for domestic training and upgrading.

2. The Head of affiliated public service units under the Ministry shall decide to dispatch officials at the Department level and below for domestic training and upgrading.

3. The Rector of Hanoi Law University shall decide to dispatch officials at the Department level and below for domestic and international training and upgrading. In cases where the content of international training and upgrading relates to national sovereignty, security, defense, ethnicity, religion, human rights, the opinion of the International Cooperation Department must be sought and reported to the Deputy Minister responsible for the unit for approval before making the decision.

Article 9. Authority to terminate employment and transfer duties

1. The head of a public service unit belonging to Group 1 or Group 2 decides on termination of employment, transfer of duties, and termination of work contracts for officials at the level of Department Heads and below within the unit.

2. The head of a public service unit belonging to Group 1 or Group 2 of the Bureau decides on termination of employment, transfer of duties, and termination of work contracts for officials within the unit.

Article 10. Authority to impose disciplinary measures

1. The Director of the Bureau decides on disciplinary measures against:

a) Civil servants at the level of Department Heads and below within the unit, except for the form of compulsory termination of employment and except in cases provided for in Clause 4, Article 19 of Decree No. 172/2025/NĐ-CP dated June 30, 2025 of the Government on disciplinary measures for cadres and civil servants;

b) Officials at the level of heads of public service units under the Bureau, except in cases provided for in Clause 6, Article 36 of Decree No. 112/2020/NĐ-CP dated September 18, 2020 on disciplinary measures for cadres, civil servants, and officials (amended and supplemented by Decree No. 71/2023/NĐ-CP dated September 20, 2023 of the Government).

2. The head of a public service unit belonging to Group 1 or Group 2 of the Ministry decides on disciplinary measures against officials at the level of Department Heads and below within the unit, except in cases provided for in Clause 6, Article 36 of Decree No. 112/2020/NĐ-CP dated September 18, 2020 on disciplinary measures for cadres, civil servants, and officials (amended and supplemented by Decree No. 71/2023/NĐ-CP dated September 20, 2023 of the Government).

3. The head of a public service unit belonging to Group 1 or Group 2 of the Bureau decides on disciplinary measures against officials within the unit, except in cases provided for in Clause 6, Article 36 of Decree No. 112/2020/NĐ-CP dated September 18, 2020 on disciplinary measures for cadres, civil servants, and officials (amended and supplemented by Decree No. 71/2023/NĐ-CP dated September 20, 2023 of the Government).

Article 11. Authority to implement promotion and transfer of job titles

1. The Director of the Bureau organizes the examination for promotion, transfer of job titles, and appointment to job titles of Grade I and below for officials at the level of heads of public service units under the Bureau belonging to Group 3 and Group 4.

2. The head of a public service unit belonging to Group 1 or Group 2 of the Ministry and the head of a public service unit belonging to Group 1 or Group 2 of the Bureau organize the examination for promotion, transfer of job titles, and appointment to job titles of Grade I with salary category A3.

3. The head of a public service unit belonging to Group 3 or Group 4 of the Ministry and the head of a public service unit belonging to Group 3 or Group 4 of the Bureau organize the examination for promotion, transfer of job titles, and appointment to job titles of Grade I and below for officials within the unit (excluding heads of units).

Article 12. Authority to implement salary systems

1. The Director of the Bureau decides on regular salary increments, early salary increments, and allowances for civil servants from the level of Department Heads and below, and for officials at the level of heads of public service units under the Bureau and below.

2. The head of a public service unit belonging to Group 1 or Group 2 of the Ministry decides on regular salary increments, early salary increments, and allowances for the Deputy level and below of the head of the unit.

3. The head of a public service unit belonging to Group 3 or Group 4 of the Ministry decides on regular salary increments, early salary increments, and allowances for officials at the level of Department Heads and below.

Article 13. Competence to implement annual leave, unpaid work leave, retirement, and social insurance benefits

1. The Director of the Bureau decides on annual leave for deputy-level officials and heads of units under the Bureau; decides on unpaid work leave, announces and decides on retirement and other social insurance benefits for officials holding positions at the level of Department Head and equivalent or lower; and for leaders of units under the Bureau.

2. The head of the unit under the Ministry decides on annual leave for deputy-level officials and equivalent or lower; decides on unpaid work leave, announces and decides on retirement and other social insurance benefits, and delivers the retirement decision for staff holding positions at the level of Department Head and equivalent or lower within the unit.

3. The head of the unit under the Bureau decides on annual leave for deputy-level officials and equivalent or lower; decides on unpaid work leave, announces and decides on retirement and other social insurance benefits, and delivers the retirement decision for staff not holding leadership positions within the unit.

Article 14. Competence to manage civil servant and staff files

1. The Director of the Personnel Department manages paper and electronic files of:

a) Civil servants of Bureaus (except the Bureau for Execution of Civil Judgments), Departments, the Ministry's Office, advisory bodies, and the Party Committee of the Ministry.

b) The Director of the Bureau for Execution of Civil Judgments.

c) Heads and deputy heads of units under the Ministry.

d) Heads of units under the Bureau.

2. The Director of the Bureau manages paper and electronic files of staff of the Bureau, except as provided in point d, Clause 1 of this Article.

3. The head of the unit under the Ministry manages paper and electronic files of staff, employees working under labor contracts within their own unit, except as provided in point c, Clause 1 of this Article.

Chapter IV
IMPLEMENTATION

Article 15. Responsibilities of the Minister

1. Decides to inspect and supervise the implementation of matters delegated; resolves complaints and reports; cancels or requests the revocation of decisions made by heads of units regarding civil servant and staff management that are inconsistent with legal provisions or exceed delegated authority.

2. Reviews and handles cases where responsibilities are not properly fulfilled or violations of regulations on civil servant and staff management by the Party, State, Ministry, and this Circular occur.

Article 16. Responsibilities of the Director of the Personnel Department

1. Advises and assists the Minister in uniformly managing organizational and personnel affairs of units under the Ministry.

2. Guides, monitors, urges, coordinates, participates in implementing procedures, and inspects units under the Ministry in organizational and personnel affairs according to the delegated authority stipulated in this Circular.

3. Summarizes and reports on the situation and results of organizational and personnel affairs; reports and statistically analyzes the cadre of civil servants and staff of units under the Ministry as required by competent authorities.

Article 17. Responsibilities of heads of units under the Ministry with delegated authority

1. Performs tasks and duties of the agency or unit using civil servants and staff as prescribed by the Law on Cadres and Civil Servants, the Law on Public Officials, guiding decrees, and delegated tasks.

2. Decides on organizational and personnel management matters of the unit as stipulated in this Circular according to Party and State laws; bears full responsibility before the law and the Minister for the results of implementation.

3. Sends decisions on organization and personnel to the Ministry’s leadership responsible, the Personnel Department for monitoring and management as required.

3. Reports to the Party Central Committee Standing Committee, Ministry leadership, and the Personnel Department on the situation and results of organizational and personnel work in semi-annual and annual reports of the unit; reports and statistically analyzes the cadre of civil servants and staff of the unit as required by competent authorities.

Article 18. Revocation or Suspension of Delegated Authority

The Minister of Justice shall decide to revoke delegated content or request suspension of the exercise of delegated authority for heads of units in the following cases:

1. Violation of regulations of the Party, State, and the Ministry of Justice on organizational management and cadres to the extent that delegation cannot continue.

2. Units experiencing internal disunity, failing to meet requirements for delegation.

3. Other cases decided by the Minister of Justice.

Article 19. Handling in Case of Violations

1. In case of discovering violations in delegated authority according to the regulations of the Party, laws, and the Ministry, the Minister of Justice shall decide:

a) To annul, revoke, or suspend the effect of decisions and documents issued contrary to regulations.

b) To revoke or temporarily suspend delegated authority, while examining and handling the responsibility of related collectives and individuals according to the law or transferring to competent authorities for handling according to regulations.

2. Handling of violations must ensure objectivity, transparency, timeliness, within jurisdiction, and not affect the operation of units and overall management of the Ministry of Justice.

Article 20. Transitional Provisions

1. For cadre work procedures completed before the effective date of this Circular but without issuance of decisions, they shall continue to be processed and decisions shall be issued by the competent authority as stipulated in this Circular.

2. In cases where relevant laws concerning organizational and cadre work are amended or replaced but do not provide other provisions regarding decision-making authority for organizational and cadre work contents, units shall continue to implement the authority stipulated in this Circular until new provisions are made.

Article 21. Effective Date

1. This Circular takes effect from the date of issuance.

2. Leaders of the Ministry, heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular./.