Consolidated Document number 2883/VBHN-BTP stipulates the functions, tasks, powers, and organizational structure of the legal affairs organization.

DECREE

Regulations on functions, tasks, powers, and organizational structure of legal affairs organizations

Decree No. 55/2011/NĐ-CP dated July 4, 2011, of the Government stipulates the functions, tasks, powers, and organizational structure of legal affairs organizations, which took effect from August 25, 2011, and was amended and supplemented by:

1. Decree No. 48/2013/NĐ-CP dated May 14, 2013, of the Government amending and supplementing certain articles of decrees related to administrative procedure control, which took effect from July 1, 2013;

2. Decree No. 92/2017/NĐ-CP dated August 7, 2017, of the Government amending and supplementing certain articles of decrees related to administrative procedure control, which took effect from September 25, 2017;

3. Decree No. 56/2024/NĐ-CP dated May 18, 2024, of the Government amending and supplementing certain articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011, of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs organizations, which took effect from July 2, 2024.

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

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to the Law on Legislative Documents dated June 3, 2008;

Pursuant to the Law on Issuing Legal Regulatory Documents of People's Councils and People's Committees dated December 3, 2004;

Pursuant to the Enterprise Law dated November 29, 2005;

Based on the Law on State Compensation Liability dated June 18, 2009;

Considering the proposal of the Minister of Justice^[1],

DECREE:

Chapter I. GENERAL PROVISIONS

Article 1. Scope and objects regulated^[2]

1. This Decree stipulates the position, functions, tasks, powers, and organizational structure of legal affairs organizations at ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees (hereinafter referred to as provincial level), state-owned enterprises, public service units; and state management over legal affairs work.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Ministries, ministerial-level agencies, government agencies;

b) Specialized agencies under provincial People's Committees;

c) State-owned enterprises;

d) Public service units;

đ) Agencies, organizations, and individuals related to legal affairs work.

Article 2. Position and Functions of Legal Affairs Organizations

1. The legal affairs organization at ministries, ministerial-level agencies, government agencies, and specialized agencies under provincial People's Committees is a specialized unit with the function of advising and assisting the Minister, Head of the ministerial-level agency, Head of the government agency, and Head of the specialized agency under the provincial People's Committee in managing by law within the assigned sector and implementing legal affairs work as prescribed in this Decree.

2. The legal affairs organization at state-owned enterprises is a specialized unit with the function of advising and consulting the Board of Members, Board of Directors, Chairman of the company, General Director, and Director of the enterprise on legal issues related to the organization, management, and business operations of the enterprise.

3.^[3] The legal affairs organization at public service units is a specialized unit with the function of advising and assisting the Management Board and Head of the public service unit on legal issues related to the organization, management, and activities of the public service unit.

Chapter II. TASKS AND POWERS OF THE LEGAL AFFAIRS ORGANIZATION

Article 3. Tasks and Powers of Legal Affairs Organizations at Ministries, Ministerial-Level Agencies

1. Regarding legislative work

a)^[4] Taking the lead or coordinating with relevant units to draft proposals for laws and ordinances to be submitted by the Minister, Head of the ministerial-level agency to the Ministry of Justice to prepare the Government's proposal on the legislative program of the National Assembly; drafting proposals for decrees of the Government; proposing the list of regulatory documents detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President; notifying other ministries, ministerial-level agencies, Provincial People's Councils, and Provincial People's Committees about the contents of Government decrees and Prime Minister's decisions assigned to the Minister, Head of the ministerial-level agency, Provincial People's Council, and Provincial People's Committee to detail; organizing guidance, monitoring, urging, inspecting, and reporting on the progress of the legislative program and the issuance of detailed regulatory documents after approval;

b) Taking the lead or coordinating with relevant units to draft the proposed program and plan for legislative work of the ministry or ministerial-level agency; organizing guidance, monitoring, urging, inspecting, and reporting on the progress after approval;^[5] c) Taking the lead or participating in drafting normative legal documents according to the assignment of the Minister or Head of the ministerial-level agency;

d) Taking the lead in reviewing draft normative legal documents prepared by units under the ministry or ministerial-level agency or by government agencies operating within the scope of the ministry or ministerial-level agency's management before submitting them to the Minister or Head of the ministerial-level agency for signing;

đ) Taking the lead or coordinating with relevant units to organize preparation of the dossier for draft normative legal documents for the Minister or Head of the ministerial-level agency to request relevant agencies, organizations, units, and individuals to provide comments or request the Ministry of Justice to review before submitting to the Government or Prime Minister;

e) Taking the lead or coordinating with relevant units to assist the Minister or Head of the ministerial-level agency in providing comments on draft normative legal documents sent for comments;

g) Taking the lead or coordinating with relevant units to assist the Minister or Head of the ministerial-level agency in negotiating, signing, joining, and implementing international treaties and agreements within the scope of the ministry or ministerial-level agency's management in accordance with the law.

Regarding the work of reviewing, systematizing normative legal documents, codifying systems of legal norms, and consolidating normative legal documents

2.^[6] a) Urging, guiding, and compiling results of general reviews and systematizations of normative legal documents of the ministry or ministerial-level agency;

b) Coordinating with relevant units in reviewing and systematizing normative legal documents related to the ministry or ministerial-level agency's management sector;

c) Preparing annual reports on the work of reviewing and systematizing normative legal documents to be submitted by the Minister or Head of the ministerial-level agency to the Ministry of Justice for consolidation and reporting to the Prime Minister;

d) Taking the lead or coordinating with relevant units in implementing codification of systems of legal norms and consolidation of normative legal documents related to the ministry or ministerial-level agency's management sector in accordance with the law.

Regarding inspection and handling of normative legal documents

3.^[7] Regarding the inspection and handling of regulatory legal documents

a) Chair and coordinate with relevant units to advise and assist the Minister, Head of a ministerial-level agency in inspecting and handling normative legal documents within the responsibility and authority of inspection of the Minister, Head of a ministerial-level agency;

b) Draft an annual report on the results of inspecting and handling normative legal documents for submission to the Minister, Head of a ministerial-level agency to be consolidated and reported to the Government Prime Minister by the Ministry of Justice;

c) Assist the Minister, Head of a ministerial-level agency in urging and directing the work of inspecting and handling normative legal documents within the ministry, ministerial-level agency;

3a.^[8] (Repealed)

4.^[9] On the dissemination and popularization of laws and legal education

a) Chair and coordinate with relevant units to advise and assist the Minister, Head of a ministerial-level agency in coordinating with the Ministry of Justice to implement state management over the dissemination and popularization of laws and legal education;

b) Chair and coordinate with relevant units to perform tasks related to the dissemination and popularization of laws and legal education within the scope of their industry and field of management as prescribed by law;

5.^[10] On monitoring the implementation of laws

Chair and coordinate with relevant units to advise and assist the Minister, Head of a ministerial-level agency in implementing the work of monitoring the implementation of laws within the scope of their industry and field of management as prescribed by law;

5a.^[11] On managing the enforcement of laws concerning administrative violations

Chair and coordinate with relevant units to advise and assist the Minister, Head of a ministerial-level agency in managing the enforcement of laws concerning administrative violations within the scope of their industry and field of management as prescribed by law;

6.^[12] On state compensation work

a) Chair and coordinate with relevant units to advise and assist the Minister, Head of a ministerial-level agency in coordinating with the Ministry of Justice to manage state compensation work;

b) Chair or coordinate with relevant units to advise and assist the Minister, Head of a ministerial-level agency in performing tasks related to state compensation work within the scope of their industry and field of management as prescribed by law;

7. On providing legal support to businesses

Chair and coordinate with related units in organizing or participating in activities to provide legal support to businesses under the responsibility of the Ministry, ministerial-level agency as prescribed by law;

8. On advising on legal issues^[13]

a) Participate in giving legal opinions on the handling of issues within the management responsibility of the Ministry, ministerial-level agency; give legal opinions on important decisions, directives, and operational instructions of the Minister, Head of a ministerial-level agency;

b)^[14] (Repealed)

c) Chair or coordinate with relevant units to participate in handling, proposing, and recommending measures to prevent and mitigate the consequences of law violations, internal regulations, and rules according to the assignment of the Minister, Head of a ministerial-level agency;

9. On guiding professional matters in legal affairs work

Guide and inspect professional matters in legal affairs work for legal organizations at General Departments and equivalent bodies, Bureaus under the Ministry, ministerial-level agencies, specialized agencies under provincial People's Committees, and enterprises where the Ministry, ministerial-level agency is the representative owner of the State's share capital in the enterprise;

10.^[15] (Repealed)

11. On cooperation with foreign countries on legal matters

Chair or coordinate with related units to implement programs, plans, and projects for cooperation with foreign countries on legal matters according to the assignment of the Minister, Head of a ministerial-level agency and as prescribed by law;

12. Perform other tasks assigned by the Minister, Head of a ministerial-level agency or as prescribed by law.

Article 4. Tasks and Authorities of Legal Affairs Organizations at Government Agencies^[16]

1. Regarding legislative work and internal regulations, rules of government agencies

Take the lead and coordinate with relevant units to advise and assist the Heads of Government Agencies:

a) To draft, amend, supplement or provide comments on draft internal regulations, rules of Government Agencies and other documents as assigned by the Head of the Government Agency;

b) To participate in providing opinions on proposals, projects, draft normative legal documents sent for comments as assigned by the Head of the Government Agency;

c) To recommend to competent state agencies the issuance or amendment and supplementation of normative legal documents related to Government Agencies.

2. Provide legal opinions on documents and contracts prepared by other units as assigned by the Head of the Government Agency.

3. Regarding the inspection of normative legal documents

Coordinate with legal affairs organizations of ministries and ministerial-level agencies managing sectors and fields of activity of Government Agencies to inspect normative legal documents within the scope of activities of Government Agencies.

4. Regarding the dissemination and education of laws

a) Take the lead and coordinate with relevant units to advise and assist the Heads of Government Agencies to cooperate with the Ministry of Justice in managing the dissemination and education of laws;

b) Take the lead and coordinate with relevant units to advise and assist the Heads of Government Agencies in performing tasks related to the dissemination and education of laws within their jurisdiction as prescribed by law.

5. Regarding state compensation work

a) Take the lead and coordinate with relevant units to advise and assist the Heads of Government Agencies to cooperate with the Ministry of Justice in managing state compensation work;

b) Take the lead and coordinate with relevant units to advise and assist the Heads of Government Agencies in performing tasks related to state compensation work within their jurisdiction as prescribed by law.

6. Regarding the monitoring of law enforcement situations

Take the lead and coordinate with relevant units to advise and assist the Heads of Government Agencies in performing the monitoring of law enforcement situations within their designated areas as prescribed by law.

7. Regarding the management of law enforcement work on administrative violations

The Legal Affairs Organization of the Vietnam Social Security takes the lead and coordinates with relevant units to manage law enforcement work on administrative violations within their jurisdiction as prescribed by law.

8. Guide and inspect professional matters in legal affairs work for legal affairs organizations and personnel engaged in legal affairs work at subordinate units.

9. Perform other tasks assigned by the Heads of Government Agencies or as prescribed by law.

Article 5. Tasks and Authorities of Legal Affairs Organizations at General Departments and Equivalent Bureaus under Ministries and Ministerial-Level Agencies

1. Regarding legislative work

a) Take the lead and coordinate with relevant units to assist the General Department Directors, Bureau Chiefs in proposing the establishment of normative legal documents related to specialized sectors and fields of management;

b)^[17] Advise and assist the General Department Directors, Bureau Chiefs in coordinating with legal affairs organizations of ministries and ministerial-level agencies to develop plans and programs for law-making of ministries and ministerial-level agencies; propose lists of detailed regulations for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President;

c) Take the lead or participate in drafting normative legal documents as assigned by the General Department Directors, Bureau Chiefs;

Participate in providing opinions on draft normative legal documents drafted by other units before submitting them to the General Department Directors, Bureau Chiefs for review and decision to refer to the Legal Affairs Department of the Ministry or ministerial-level agency for examination;

d) Take the lead or coordinate in preparing files for draft normative legal documents related to specialized sectors and fields of management to be submitted to the General Department Directors, Bureau Chiefs for referral to relevant agencies, organizations, individuals for comments or to the Legal Affairs Department of the Ministry or ministerial-level agency for examination;

e) Take the lead or coordinate with relevant units to assist the General Department Directors, Bureau Chiefs in providing comments on draft normative legal documents sent by other agencies for comments;

2.^[18] a) Urging, guiding, and compiling results of general reviews and systematizations of normative legal documents of the ministry or ministerial-level agency;

a) Take the lead and coordinate with relevant units to regularly review and periodically systematize normative legal documents related to sectors and fields within their scope of management; annually build reports on the review and systematization of normative legal documents to submit to the General Department Directors, Bureau Chiefs, and send to the legal affairs organizations of ministries and ministerial-level agencies for consolidation and submission to the Ministers, Heads of ministerial-level agencies;

b) Take the lead or coordinate with relevant units to codify systems of legal norms and consolidate normative legal documents related to sectors and fields within their scope of management as prescribed by law.

3. Regarding the inspection and handling of normative legal documents

Take the lead in assisting the General Department Directors, Bureau Chiefs in coordinating with the Legal Affairs Department of the Ministry or ministerial-level agency to inspect and handle normative legal documents as prescribed by law.

3a.^[19] (Repealed)

4.^[20] On the dissemination and popularization of laws and legal education

a) Take the lead or coordinate with relevant units to advise and assist the General Department Directors, Bureau Chiefs in coordinating with legal affairs organizations of ministries and ministerial-level agencies to manage the dissemination and education of laws within their scope of management as prescribed by law;

b) Take the lead and coordinate with relevant units to advise and assist the General Department Directors, Bureau Chiefs in performing tasks related to the dissemination and education of laws within their functions and responsibilities as prescribed by law.

5.^[21] On monitoring the implementation of laws

Take the lead and coordinate with relevant units to advise and assist the General Department Directors, Bureau Chiefs in performing the monitoring of law enforcement situations within their sectors and fields of management as prescribed by law.

5a.^[22] On managing the enforcement of laws concerning administrative violations

Shall take the lead or coordinate with relevant units to advise and assist the Director General, Bureau Chief in implementing state management over the enforcement of laws on administrative violations within their jurisdiction as prescribed by law.

6.^[23] On state compensation work

a) Shall take the lead or coordinate with relevant units to advise and assist the Director General, Bureau Chief in coordinating with the legal affairs department of ministries, equivalent agencies to implement state management over state compensation work within their jurisdiction as prescribed by law;

b) Shall take the lead or coordinate with relevant units to advise and assist the Director General, Bureau Chief in performing tasks related to state compensation work within their jurisdiction as prescribed by law.

7. On providing legal support to businesses

Shall take the lead in assisting the Director General, Bureau Chief in coordinating with the Legal Affairs Department of the Ministry, equivalent agency in implementing legal support activities for enterprises as prescribed by law.

8. On advising on legal issues^[24]

a) Participate in providing legal opinions on the handling of issues within the responsibility of the Director General, Bureau Chief; provide legal opinions on important decisions, directives, and operational guidance issued by the Director General, Bureau Chief;

b)^[25] (Repealed)

c) Shall take the lead or coordinate with relevant units to participate in addressing, proposing, and recommending preventive and remedial measures for legal violations, internal regulations, and rules according to the assignment of the Director General, Bureau Chief.

9.^[26] (Repealed)

10. Perform other tasks assigned by the Director General, Bureau Chief or as prescribed by law.

Article 5a. Tasks and Authorities of Legal Departments at Public Service Units^[27]

Shall take the lead or coordinate with relevant departments to advise and assist the Management Board, Unit Head in performing the following tasks:

1. Drafting, amending, supplementing, or providing comments on internal regulations and rules of public service units, documents, and contracts according to the assignment of the Management Board, Unit Head; propose to competent state authorities to issue or amend and supplement legal normative documents related to the organization and operation of public service units.

2. Advise and consult on legal matters concerning the organization and operation of public service units according to the assignment of the Management Board, Unit Head.

3. Popularize and educate laws, internal regulations, and rules of public service units to staff and workers.

4. Monitor, urge, and inspect the implementation of laws, internal regulations, and rules of the unit.

5. Perform other tasks assigned by the Management Board, Unit Head or as prescribed by law.

Article 6. Tasks and Authorities of Legal Departments at Specialized Agencies under Provincial People's Committees

1. Regarding legislative work

a) Shall take the lead or coordinate with relevant units to assist the Agency Head in preparing proposals for the drafting of legal normative documents of the People's Councils, People's Committees at provincial level related to the sector and field of state management in the locality;

b)^[28] Shall take the lead or coordinate with relevant units to assist the Agency Head in coordinating with the Department of Justice to propose lists of resolutions of the People's Councils at provincial level, decisions of the People's Committees at provincial level detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President;

c) Shall take the lead or coordinate with relevant units to prepare draft legal normative documents related to the sector and field of state management in the locality for submission to the Agency Head to request organizations, individuals to provide comments or request the Department of Justice to review and submit to the Chairman of the People's Committee at provincial level;

d) Shall take the lead or participate in drafting legal normative documents according to the assignment of the Agency Head;

đ) Provide opinions on draft legal normative documents drafted by other units before submitting them to the Agency Head for consideration and decision on requesting the Department of Justice to review;

e) Shall take the lead or coordinate with relevant units to assist the Agency Head in providing comments on draft legal normative documents sent by other agencies for solicitation of opinions.

2. Regarding the work of reviewing and systematizing legal normative documents

a) Shall take the lead or coordinate with relevant units to regularly review and periodically systematize legal normative documents related to the sector and field of state management in the locality;

b)^[29] Annually build reports to be submitted to the Agency Head to send to the Department of Justice for consolidation and reporting to the People's Committee at provincial level on the results of reviewing legal normative documents.

3. Regarding the inspection and handling of normative legal documents

a) Shall take the lead in assisting the Agency Head in coordinating with the Department of Justice to inspect and handle legal normative documents according to the provisions of the law;

b) Build reports on the results of inspecting and handling legal normative documents to be submitted to the Agency Head for sending to the Department of Justice for consolidation and reporting to the People's Committee at provincial level.

3a.^[30] (Repealed)

4.^[31] On the dissemination and popularization of laws and legal education

a) Shall take the lead or coordinate with relevant units to advise and assist the Agency Head in coordinating with the Department of Justice to implement state management over the work of popularizing and educating laws;

b) Shall take the lead or coordinate with relevant units to advise and assist the Agency Head in performing tasks related to the work of popularizing and educating laws within the scope of the sector and field of state management in the locality as prescribed by law.

5.^[32] On monitoring the implementation of laws

Shall take the lead or coordinate with relevant units to advise and assist the Agency Head in performing the task of monitoring the situation of law enforcement within the scope of the sector and field assigned according to the provisions of the law.

6.[33On State Compensation Work

a) Shall take the lead or coordinate with relevant units to advise and assist the Agency Head in coordinating with the Department of Justice to implement state management over state compensation work;

b) Shall take the lead or coordinate with relevant units to advise and assist the Agency Head in performing tasks related to state compensation work within the scope of the sector and field of state management in the locality as prescribed by law.

7.^[34] On Legal Support for Small and Medium Enterprises

Shall take the lead or coordinate with the Department of Justice in implementing legal support activities for small and medium enterprises as prescribed by law.

8. On advising on legal issues^[35]

a) Participate in providing legal opinions on the handling of issues within the scope of administrative management at the local level; provide legal opinions on important decisions and directives issued by the head of the agency.

b)^[36] (Repealed)

c) Take the lead and coordinate with relevant units to handle, propose, and recommend measures for preventing and mitigating the consequences of violations of laws, internal regulations, and rules according to the division of responsibilities assigned by the head of the agency.

9.^[37] (Repealed)

10. Perform other tasks assigned by the head of the agency or as stipulated by law.

Article 7. Tasks and powers of the legal department in state-owned enterprises^[38]

1. Take the lead and coordinate with related departments to advise the Board of Members, Board of Directors, Chairman of the Company, General Director, and Director of the enterprise on tasks related to the internal affairs of the enterprise:

a) Draft, amend, supplement, or comment on the charter, internal regulations, and rules of the enterprise;

b) Draft various contract templates; provide legal opinions on draft contracts and agreements prepared by other departments of the enterprise before submitting them to the Board of Members, Board of Directors, Chairman of the Company, General Director, and Director of the enterprise; participate in negotiating and signing contracts and agreements of the enterprise;

c) Promulgate, monitor, urge, and inspect the implementation of the charter, internal regulations, and rules of the enterprise;

d) Advise on hiring legal counsel for issues related to the enterprise's production and business activities, assess investment and business risks for the enterprise's overseas projects; provide legal opinions on decisions regarding organizational management, restructuring, dissolution, and operations of the enterprise;

e) Participate in resolving civil, commercial, trade, and labor disputes to protect the legitimate rights and interests of the enterprise; participate in litigation as the authorized representative of the Chairman of the Company, General Director, or Director of the enterprise, or advise on hiring lawyers to participate in litigation to protect the legitimate rights and interests of the enterprise.

2. Take the lead and coordinate with related departments to advise the Board of Members, Board of Directors, Chairman of the Company, General Director, and Director of the enterprise on organizing the implementation of laws related to the enterprise:

a) Recommend to competent state agencies the issuance or amendment of legal normative documents related to organizational management, restructuring, dissolution, and operations of the enterprise;

b) Comment on draft legal normative documents sent for comments by other agencies and organizations; summarize and evaluate laws related to organizational management, restructuring, dissolution, and operations of the enterprise;

c) Popularize and educate about the law;

d) Monitor, urge, and inspect the implementation of laws; summarize and evaluate compliance with laws and awareness of law enforcement among employees in the enterprise.

3. Perform other tasks assigned by the Board of Members, Board of Directors, Chairman of the Company, General Director, and Director of the enterprise or as stipulated by law.

Chapter III. LEGAL DEPARTMENT ORGANIZATION AND LEGAL AFFAIRS STAFF

Article 8. Legal Affairs Organization at Ministries, ministerial-level agencies, and government agencies

1.^[39] Ministries and ministerial-level agencies shall have a Department or Bureau to perform the function of advising and assisting the Minister or head of a ministerial-level agency in legal affairs work.

The legal affairs organization at ministries and ministerial-level agencies shall be guided and supervised in their professional and technical work in legal affairs by the Ministry of Justice.

2.^[40] Government agencies shall have a Department, Board, or Office to carry out legal affairs work.

The legal affairs organization at government agencies shall be guided and supervised in their professional and technical work in legal affairs by the Ministry of Justice.

3. Based on the needs of legal affairs work, the Minister or head of a ministerial-level agency shall submit to the Prime Minister for decision the establishment of legal affairs organizations at General Departments and equivalent units under the Ministry or ministerial-level agency.

Based on the needs of legal affairs work, the Minister or head of a ministerial-level agency shall decide on the establishment of legal affairs organizations or the allocation of dedicated legal civil servants at Bureaus under the Ministry or ministerial-level agency.

The legal affairs organization at General Departments and equivalent units, Bureaus under the Ministry or ministerial-level agency shall be guided and supervised in their professional and technical work in legal affairs by the Legal Affairs Department under the Ministry or ministerial-level agency.

4. The Minister of National Defense, the Minister of Public Security shall decide on the establishment and organizational structure of legal affairs organizations or the allocation of dedicated legal staff as prescribed, defining the relationship of legal affairs work within the system of people's armed forces and people's public security forces.

Article 9. Legal Affairs Organization at Specialized Agencies under Provincial People's Committees^[41]

1. Legal affairs organizations at specialized agencies under provincial people's committees shall be established in specialized agencies with broad management scope, complex professional management requirements, and decided upon by the provincial people's committee based on local state management requirements and allocated staffing.

The establishment of legal affairs organizations as stipulated herein shall be carried out in accordance with the provisions of Decree No. 107/2020/ND-CP dated September 14, 2020 of the Government amending and supplementing some articles of Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial people's committees and centrally-administered city people's committees.

2. In cases where conditions and criteria for establishing a legal affairs organization are not met, it shall be arranged within the Office (if the specialized agency has an Office) or a specialized department (if the specialized agency does not have an Office). The specific name of this organization shall be decided by the provincial people's committee.

3. Legal affairs organizations at specialized agencies shall be subject to supervision in legal affairs work by the Department of Justice and be guided in their professional and technical work in legal affairs by the legal affairs organization under the ministry or ministerial-level agency managing the sector or field.

Article 10. Legal Affairs Organization at State-Owned Enterprises

1. Based on the needs of legal affairs work, the Chairman of the Board of Members, the Chairman of the Board of Directors, the Chairman of the company, the General Director, or the Director of a state-owned enterprise shall decide on the establishment of a legal affairs organization or the allocation of dedicated legal staff.

2. Legal affairs organizations at state-owned enterprises shall be guided in their professional and technical work in legal affairs by the Legal Affairs Department under the Ministry or ministerial-level agency and be managed in legal affairs work by the Ministry of Justice.

Legal affairs organizations of state-owned enterprises in localities shall be managed and guided in their professional and technical work in legal affairs by the Department of Justice.

Article 10a. Legal System Organization in Public Service Enterprises^[42]

1. Based on the requirements for legal work, the competent authority decides to establish a specialized legal organization or department or to assign civil servants to perform legal work in public service enterprises. The establishment of a specialized legal organization or department shall be carried out in accordance with the provisions of Government Decree No. 120/2020/NĐ-CP dated October 7, 2020, concerning the establishment, restructuring, dissolution of public service enterprises, and related laws.

2. Legal organizations, specialized legal departments, and civil servants performing legal work in public service enterprises shall be guided professionally and technically in legal work by the legal organization of the managing agency and managed in legal work by the Ministry of Justice.

Article 11. Personnel Engaged in Legal Work

Personnel engaged in legal work include:

1. Legal civil servants recruited and appointed to legal organizations at Ministries, agencies equivalent to Ministries, government agencies, and specialized agencies under provincial People's Committees.

2. Legal officers transferred or recruited to legal organizations in people's armed forces units and public security units.

3. Legal staff recruited and appointed to legal organizations in public service enterprises.

4. Legal employees recruited under labor contracts to legal organizations in state-owned enterprises.

Article 12. Legal Officers and Heads of Legal Organizations^[43]

1.^[44] Legal officers and criteria for heads of legal organizations

a) A legal officer is a legal civil servant appointed to the position of legal officer to carry out the duties and powers of the legal organization as prescribed by law;

b) The legal officer rank includes legal officers, senior legal officers, and high-level legal officers;

c) Criteria for appointment to the legal officer rank: Vietnamese citizen, loyal to the country, having good moral character, sense of responsibility, integrity, honesty, fairness, objectivity; holding a bachelor's degree in law or higher; possessing a legal affairs training certificate and other certificates as prescribed by law on cadres and civil servants; having at least two years of cumulative experience performing one of the tasks or powers specified in Chapter II of this Decree, excluding probationary periods;

d) Criteria for appointment to the senior legal officer rank: Vietnamese citizen, loyal to the country, having good moral character, sense of responsibility, integrity, honesty, fairness, objectivity; holding a bachelor's degree in law or higher; possessing a legal affairs training certificate and other certificates as prescribed by law on cadres and civil servants; having at least nine years of cumulative experience in the legal officer rank or equivalent; passing the promotion examination or being considered for promotion from legal officer to senior legal officer or being considered for transfer according to the law on cadres and civil servants;

e) Criteria for appointment to the high-level legal officer rank: Vietnamese citizen, loyal to the country, having good moral character, sense of responsibility, integrity, honesty, fairness, objectivity; holding a bachelor's degree in law or higher; possessing a legal affairs training certificate and other certificates as prescribed by law on cadres and civil servants; having at least six years of cumulative experience in the senior legal officer rank or equivalent; passing the promotion examination or being considered for promotion from senior legal officer to high-level legal officer or being considered for transfer according to the law on cadres and civil servants;

f) Criteria for the head of a legal organization:

The head of a Department, Bureau, or Board performing legal work in ministries, agencies equivalent to ministries, government agencies, General Departments, and equivalents must meet general criteria as prescribed by law on the qualifications for leadership positions in administrative state agencies; the criteria for legal officers as stipulated in point c of this clause; having been appointed to the legal officer rank or higher; if they are legal officers, after being appointed to the rank, they must have at least three years of cumulative experience performing one of the tasks or powers specified in Chapter II of this Decree.

The head of a Division or equivalent performing legal work in units under government agencies, General Departments, and equivalents, Bureaus, and specialized agencies under provincial People's Committees must meet general criteria as prescribed by law on the qualifications for leadership positions in administrative state agencies; the criteria for legal officers as stipulated in point c of this clause; having been appointed to the legal officer rank or higher; if they are legal officers, after being appointed to the rank, they must have at least one year of cumulative experience performing one of the tasks or powers specified in Chapter II of this Decree.

In cases where personnel from other organizations or units are transferred or assigned to head legal organizations in ministries, agencies equivalent to ministries, government agencies, General Departments, and equivalents, Bureaus, and specialized agencies under provincial People's Committees, the transferred or assigned personnel must meet general criteria as prescribed by law on the qualifications for leadership positions in administrative state agencies; hold a bachelor's degree in law or higher and have at least three years of cumulative experience performing legal work tasks or powers. If they do not have a bachelor's degree in law or higher, within twelve months from the date of transfer or assignment, the head of the legal organization must obtain a legal affairs training certificate.

g) The Minister of National Defense and the Minister of Public Security shall decide the titles of legal officers, the qualifications for these titles, and the heads of legal organizations in the people's armed forces and public security based on the provisions of points c, d, e, and f of this clause and relevant laws.

2. Civil servants, officers, and staff engaged in legal work as stipulated in Clause 1, Clause 2, and Clause 3 of Article 11 of this Decree shall enjoy job-related allowances.

The Ministry of Justice shall take the lead and coordinate with the Ministry of Home Affairs and the Ministry of Finance to develop and submit to the Prime Minister for approval regulations on the allowance system for personnel engaged in legal affairs work.

3.[45State-owned enterprises and public service units shall apply the standards and regulations stipulated in Clause 1 and Clause 2 of this Article to select, arrange, utilize, and determine the benefits for personnel engaged in legal affairs work.

Chapter IV. STATE MANAGEMENT AND IMPLEMENTATION^[46]

Article 13. Responsibilities of the Ministry of Justice

1. The Ministry of Justice assists the Government in uniformly managing state administration regarding legal affairs throughout the country.

2. Within its functional scope, the Ministry of Justice shall be responsible for:

a) Submitting draft regulatory legal documents concerning legal affairs to the Government and the Prime Minister;

b) Issuing regulatory legal documents within its authority to guide the implementation of the Government’s and the Prime Minister’s legal documents;

c) Developing and implementing plans to implement legal affairs work;

d) Popularizing and educating laws related to legal affairs work;

đ) Taking the lead or coordinating with ministries and sectors to guide and organize training in skills, expertise, and professional knowledge related to legal affairs work;^[47]organizing legal affairs activities;

e) Taking the lead or coordinating with ministries and sectors to inspect legal affairs work within their respective fields of management;

g)^[48] (Repealed)

h) Coordinating to implement legal affairs work at state agencies, central bodies of political-social organizations, political-social-professional organizations, and social-professional organizations in the implementation of legal affairs work.

Article 14. Responsibilities of Ministries, Ministries Equivalent to Ministries, and Government Agencies

1. Within their respective fields of management, ministries, ministries equivalent to ministries, and government agencies shall be responsible for:

a) Building and consolidating legal affairs organizations;

b) Directing and guiding the implementation of legal affairs work;

c) Taking the lead or coordinating with the Ministry of Justice to organize training in skills, expertise, and professional knowledge related to legal affairs work;

d) Ensuring staffing, funding, and necessary conditions for the operation of legal affairs organizations;

đ) Reporting on legal affairs work annually or as required for the Ministry of Justice to compile and report to the Government and the Prime Minister.

2. The Ministers, Heads of Ministries Equivalent to Ministries, and Heads of Government Agencies shall directly direct legal affairs work within their respective fields of management.

Article 15. Responsibilities of the Provincial People's Committee

1. Within the scope of provincial state management, the People's Committee of the province shall be responsible for:

a) Building and consolidating legal affairs organizations;

b) Directing, guiding, and inspecting the implementation of legal affairs work;

c) Taking the lead or coordinating with ministries and sectors to guide and organize training in skills, expertise, and professional knowledge related to legal affairs work;

d) Ensuring staffing, funding, and other necessary conditions for the operation of legal affairs organizations;

đ) Reporting on legal affairs work annually or as required for the Ministry of Justice to compile and report to the Government and the Prime Minister.

2. The Chairman of the People's Committee of the province shall directly direct legal affairs work within the scope of provincial state management.

The Department of Justice shall be responsible for taking the lead or coordinating with relevant agencies to assist the People's Committee of the province in managing legal affairs work at the local level.

Article 16. Responsibilities of the Chairman of the Board of Members, the Chairman of the Board of Directors, the Chairman of the Company, the General Director, and the Director of State-Owned Enterprises

1. Building and consolidating legal affairs organizations in state-owned enterprises.

2. Directing and inspecting the implementation of legal affairs work in state-owned enterprises.

3. Arranging legal affairs staff, ensuring funding, and creating necessary conditions for the operation of legal affairs organizations and staff in state-owned enterprises.

4. Reporting on legal affairs work annually or as required to the heads of agencies and organizations that establish and manage state-owned enterprises, representatives of the State's capital investment in state-owned enterprises^[49] and submitting to the Ministry of Justice.

Article 16a. Responsibilities of the Head of Public Service Units^[50]

1. Establish and strengthen the legal system organization at public service units.

2. Directly lead the legal work at public service units; direct and inspect the implementation of legal work at public service units.

3. Organize a legal department or arrange staff to perform legal work, ensure funding, and create necessary conditions for legal activities at public service units.

4. Report on legal work annually or upon urgent request to the supervising authority for consolidation, and send to the Ministry of Justice.

Article 17.^[51] (Repealed)

Article 18. Effective Date

1. This Decree takes effect from August 25, 2011, and replaces Decree No. 122/2004/NĐ-CP dated May 18, 2004, of the Government stipulating the functions, tasks, powers, and legal system organization of Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees, and state-owned enterprises.

2. The Minister of Justice shall take the lead and coordinate with the Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees to guide and inspect the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, Members of the Board of Directors, Chairpersons of Management Boards, Chairpersons of companies, General Directors, Directors of state-owned enterprises, Management Councils, Heads of public service units^[52] are responsible for implementing this Decree./.

^{___________________________________}

^[1] Decree No. 48/2013/NĐ-CP amending and supplementing certain articles of decrees related to administrative procedure control is based on the following grounds for issuance:

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

Pursuant to the Law on Legislative Documents dated June 3, 2008;

At the proposal of the Minister of Justice;

The Government issues a Decree amending and supplementing certain articles of Decree No. 63/2010/NĐ-CP dated June 8, 2010, of the Government on administrative procedure control; Decree No. 20/2008/NĐ-CP dated February 14, 2008, of the Government on receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations; Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; and Decree No. 55/2011/NĐ-CP dated July 4, 2011, of the Government stipulating the functions, tasks, powers, and organizational structure of legal systems.”

Decree No. 92/2017/NĐ-CP amending and supplementing certain articles of decrees related to administrative procedure control is based on the following grounds for issuance:

"Based on the Government Organization Law dated June 19, 2015;

Based on the Law on Local Administration Organization dated June 19, 2015;

Based on the Law on Issuing Regulatory Legal Documents dated June 22, 2015;

At the proposal of the Minister, Head of the Government Office;

The Government issues a Decree amending and supplementing certain articles of Decree No. 20/2008/NĐ-CP dated February 14, 2008, of the Government on receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations; Decree No. 63/2010/NĐ-CP dated June 8, 2010, of the Government on administrative procedure control; Decree No. 48/2013/NĐ-CP dated May 14, 2013, of the Government amending and supplementing certain articles of decrees related to administrative procedure control; Decree No. 24/2014/NĐ-CP dated April 4, 2014, of the Government stipulating the organization of specialized agencies under provincial People's Committees; Decree No. 37/2014/NĐ-CP dated May 5, 2014, of the Government stipulating the organization of specialized agencies under district, city district, town, and provincial city People's Committees; Decree No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing certain provisions and measures to implement the Law on Issuing Regulatory Legal Documents; and Decree No. 123/2016/NĐ-CP dated September 1, 2016, of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies.”

Decree No. 56/2024/NĐ-CP amending and supplementing certain articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011, of the Government stipulating the functions, tasks, powers, and organizational structure of legal systems is based on the following grounds for issuance:

"Based on the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Based on the Law on Issuing Regulatory Legal Documents dated June 22, 2015; the Law Amending and Supplementing Certain Articles of the Law on Issuing Regulatory Legal Documents dated June 18, 2020;

Pursuant to the Law on Popularizing and Educating about Laws dated June 20, 2012;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Supporting Small and Medium Enterprises dated June 12, 2017;

At the proposal of the Minister of Justice;

The Government issues a Decree amending and supplementing certain articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011, of the Government stipulating the functions, tasks, powers, and organizational structure of legal systems.”

^[2] This provision is amended and supplemented pursuant to Clause 1, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[3] This clause is supplemented pursuant to Clause 2, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[4] This point is amended and supplemented pursuant to Point a, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[5] The phrase "long-term" and "annual" are abolished pursuant to Point a, Clause 1, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[6] This clause is amended and supplemented pursuant to Point b, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[7] This clause is amended and supplemented pursuant to Point c, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[8] This clause is supplemented pursuant to Clause 1, Article 4 of Decree No. 48/2013/NĐ-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from July 1, 2013, and is abolished pursuant to Clause 2, Article 8 of Decree No. 92/2017/NĐ-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from September 25, 2017.

^[9] This clause is amended and supplemented pursuant to Point d, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[10] This clause is amended and supplemented pursuant to Point đ, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[11] This clause is supplemented pursuant to Point e, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[12] This clause is amended and supplemented pursuant to Point g, Clause 3, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[13] The phrase "and participate in litigation" is abolished pursuant to Point b, Clause 1, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[14] This point is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[15] This clause is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[16] This provision is amended and supplemented pursuant to Clause 4, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[17] This point is amended and supplemented pursuant to Point a, Clause 5, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[18] This clause is amended and supplemented pursuant to Point b, Clause 5, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[19] This clause is added pursuant to Clause 2, Article 4 of Decree No. 48/2013/NĐ-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from July 1, 2013 and repealed pursuant to Clause 2, Article 8 of Decree No. 92/2017/NĐ-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from September 25, 2017.

^[20] This clause is amended and supplemented pursuant to Point c, Clause 5, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[21] This clause is amended and supplemented pursuant to Point d, Clause 5, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[22] This clause is added pursuant to Point đ, Clause 5, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[23] This clause is amended and supplemented pursuant to Point e, Clause 5, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[24] The phrase "and participate in litigation" is abolished pursuant to Point b, Clause 1, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[25] This point is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[26] This clause is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[27] This provision is added pursuant to Clause 6, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[28] This point is amended and supplemented pursuant to Point a, Clause 7, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[29] This point is amended and supplemented pursuant to Point b, Clause 7, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[30] This clause is added pursuant to Clause 3, Article 4 of Decree No. 48/2013/NĐ-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from July 1, 2013 and repealed pursuant to Clause 2, Article 8 of Decree No. 92/2017/NĐ-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from September 25, 2017.

^[31] This clause is amended and supplemented pursuant to Point c, Clause 7, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[32] This clause is amended and supplemented pursuant to Point d, Clause 7, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[33] This clause is amended and supplemented pursuant to Point đ, Clause 7, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[34] This clause is amended and supplemented pursuant to Point e, Clause 7, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[35] The phrase "and participate in litigation" is abolished pursuant to Point b, Clause 1, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[36] This point is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[37] This clause is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[38] This provision is amended and supplemented pursuant to Clause 8, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[39] This clause is amended and supplemented pursuant to Clause 9, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[40] This clause is amended and supplemented pursuant to Clause 9, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[41] This provision is amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[42] This provision is added pursuant to Clause 11, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[43] The name of this provision is amended and supplemented pursuant to Point a, Clause 12, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[44] This clause is amended and supplemented pursuant to Point b, Clause 12, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[45] This clause is amended and supplemented pursuant to Point c, Clause 12, Article 1 of Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[46] Article 5 of Decree No. 48/2013/ND-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from July 1, 2013, provides as follows:

"Article 5. Implementation Provisions

1. This Decree shall take effect from July 1, 2013.

2. The Minister, Head of a ministry-level agency, Head of a government-affiliated agency, Chairman of the People's Committee of a province or centrally governed city, relevant organizations, and individuals shall be responsible for implementing this Decree.”

Articles 6, 7, and 8 of Decree No. 92/2017/ND-CP amending and supplementing certain provisions of decrees related to administrative procedure control, which shall take effect from September 25, 2017, provide as follows:

"Article 6. Transitional Provisions

1. In cases where a decree stipulates the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies that were promulgated before the effective date of this Decree, the ministries and ministerial-level agencies shall reorganize the Administrative Procedure Control Office under their Ministry Office based on transferring the Administrative Procedure Control Office from the Legal Institution of the ministry or ministerial-level agency if such institution has such an office, or establish an Administrative Procedure Control Office under the Ministry Office to perform the function of administrative procedure control, administrative reform, and implementation of the single window mechanism in handling administrative procedures as prescribed in this Decree. The Ministry of Public Security shall implement according to the Law on People's Police.

2. The People's Committee of a province or centrally governed city shall reorganize the Administrative Procedure Control Office under its Provincial or City People's Committee Office based on transferring the Administrative Procedure Control Office from the Department of Justice to perform the functions and tasks of administrative procedure control, administrative reform, and implementation of the single window mechanism in handling administrative procedures in accordance with the provisions of this Decree.

Article 7. Responsibilities for Organizing Implementation

1. The Government Office shall be responsible for:

a) Directing the implementation of the publication and public disclosure of administrative procedures; reviewing and evaluating administrative procedures; building, managing, and operating the National Database on Administrative Procedures; inspecting, compiling, and reporting on the situation and results of administrative procedure control work and other contents as prescribed in this Decree.

b) Monitoring, urging, and inspecting the implementation of this Decree.

2. The Ministry of Justice shall be responsible for reviewing and abolishing all or part of Circulars issued by the Minister of Justice when Circulars guiding the implementation of the contents stipulated in Point a, Clause 1 of this Article become effective.

3. The Minister, Head of a ministry-level agency, Head of a government-affiliated agency, Chairman of the People's Committee of a province or centrally governed city, relevant organizations, and individuals shall be responsible for implementing this Decree.

Article 8. Implementation clause

1. This Decree shall take effect from September 25, 2017.

2. This Decree abolishes Clause 3a, Article 3, Clause 3a, Article 5, and Clause 3a, Article 6 of Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal institutions (amended and supplemented by Article 4 of Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing certain provisions of decrees related to administrative procedure control); and abolishes the phrase "administrative procedure control" at Point c, Clause 2, Article 174 of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Enacting Legal Normative Documents.”

Article 3 and Article 4 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizations shall take effect from July 2, 2024, and are stipulated as follows:

Article 3. Responsibilities for Implementation

1. The Minister of Justice shall be responsible for leading and coordinating with the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees to guide and inspect the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, Members of the Board of Directors, Chairpersons of companies, General Directors, Directors of state-owned enterprises, Management Councils, Heads of public service units shall be responsible for implementing this Decree.

Article 4. Effective date

1. This Decree shall take effect from July 2, 2024.

2. Based on the position and job requirements for specialized legal affairs work in agencies and administrative organizations, personnel engaged in legal affairs work at ministries, ministerial-level agencies, and government-affiliated agencies shall receive a support allowance of VND 60,000 per working day, while personnel engaged in such work at specialized agencies under provincial People's Committees shall receive a support allowance of VND 40,000 per working day. This support system shall be applied until the salary policy according to Resolution No. 27-NQ/TW dated May 21, 2018 of the Seventh Plenary Session of the Central Committee of the Communist Party of Vietnam, Twelfth Tenure, on reforming the salary policy for cadres, civil servants, public officials, and workers in enterprises, is implemented.

State-owned enterprises and public service units shall apply the aforementioned support system to determine the systems for personnel engaged in legal affairs work.

3. Legal Affairs Departments established before the effective date of this Decree at specialized agencies under provincial People's Committees shall continue to be maintained and improved. In cases where specialized agencies have offices and legal affairs work is currently being carried out by the Inspectorate or specialized departments, within twelve months from the effective date of this Decree, they must arrange for the office to undertake these tasks.

In cases where specialized agencies do not have offices and legal affairs work is currently being carried out by other organizations that are not specialized departments, within twelve months from the effective date of this Decree, they must arrange for specialized departments to undertake these tasks.

4. Within twelve months from the effective date of this Decree, the Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial People's Committees managing and using civil servants for legal affairs work shall be responsible for reviewing and considering transferring the classification of civil servants engaged in legal affairs work to corresponding legal officer positions in accordance with the laws on recruitment, use, and management of civil servants. When transferring classifications, civil servants engaged in legal affairs work who have been appointed to the rank of specialist or equivalent and hold a bachelor's degree in law or higher, with at least two years of cumulative experience in legal affairs work excluding probationary periods, shall be considered for transfer to the rank of legal officer; civil servants engaged in legal affairs work who have been appointed to the rank of senior specialist, chief specialist, or equivalent and hold a bachelor's degree in law or higher shall be considered for transfer to the rank of senior legal officer, chief legal officer.

5. In cases where procedures for appointing heads of legal affairs organizations are currently underway, they shall continue to be implemented in accordance with the provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizations.

^[47] The phrase "quarterly" is abolished as provided for in Point c Clause 1 Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizations, which shall take effect from July 2, 2024.

^[48] This point is abolished pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions, which shall take effect from July 2, 2024.

^[49] The phrase "Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies are representatives of the State's ownership interest in enterprises" is replaced by the phrase "heads of agencies and organizations establishing and managing state-owned enterprises, representatives of the State's investment capital interest in state-owned enterprises" as provided for in Point d Clause 1 Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizations, which shall take effect from July 2, 2024.

^[50] This is added pursuant to Clause 13, Article 1 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal entities, which takes effect from July 2, 2024.

[51This is repealed pursuant to Clause 2, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal entities, which takes effect from July 2, 2024.

^[52] The term "Management Council, Head of Public Service Unit" is added pursuant to Point d, Clause 1, Article 2 of Decree No. 56/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal entities, which takes effect from July 2, 2024.