DECISION NO. 2944/QD-BTC ON APPROVING THE PROJECT "COMPREHENSIVE IMPROVEMENT AND STRENGTHENING THE CAPACITY OF LEGAL ORGANIZATIONS IN THE FINANCE SECTOR TO MEET NEW TASK REQUIREMENTS AS PROVIDED FOR IN DECREE NO. 55/2011/NĐ-CP"

This project aims to enhance the quality of the legal affairs workforce in the finance sector according to Decree No. 55/2011/NĐ-CP. Specifically, the project includes activities such as: identifying needs and organizing training for legal affairs staff; identifying needs and organizing skill enhancement in specialized fields; establishing coordination regulations in the legal affairs work of the Ministry of Finance. The project will be implemented through the establishment of a Standing Team led by the Director of the Legal Affairs Department, with the participation of relevant units.

文号2944/QĐ-BTC
文件类型Decision
发布机关Ministry of Finance
签署人Vương Đình Huệ
更新16/06/2026
领域Financial Miscellaneous
发布日期06/12/2011
生效日期06/12/2011
失效日期
状态In effect
✦ 智能摘要

This project aims to enhance the quality of the legal affairs workforce in the finance sector according to Decree No. 55/2011/NĐ-CP. Specifically, the project includes activities such as: identifying needs and organizing training for legal affairs staff; identifying needs and organizing skill enhancement in specialized fields; establishing coordination regulations in the legal affairs work of the Ministry of Finance. The project will be implemented through the establishment of a Standing Team led by the Director of the Legal Affairs Department, with the participation of relevant units.

适用范围

This project applies to all units under the Ministry of Finance and civil servants working in legal affairs within the finance sector.

要点

  • Identifying needs and organizing training and skill enhancement in specialized fields for legal affairs staff
  • Establishing coordination regulations in the legal affairs work of the Ministry of Finance
  • Establishing a Standing Team to direct the implementation of the Project.
  • Ensuring funding sources from various sources such as regular budget, self-generated funds, and support funds, as well as other mobilized funds in accordance with the law.
  • Providing guidance on the implementation of the Project; regularly reporting to the Minister, Deputy Ministers responsible, and related Ministry Leaders.

🌐 本文件的社会影响

  • Enhancing the professional skills of the legal affairs workforce
  • Establishing coordination regulations in the legal affairs work of the Ministry of Finance to improve the effectiveness of state management in finance.
  • Creating favorable conditions for officials and civil servants to participate in law undergraduate training and professional skill enhancement.

❓ 常见问题

What is the purpose of this project?

The purpose of the project is to enhance the quality of the legal affairs workforce in the finance sector according to Decree No. 55/2011/NĐ-CP.

What are the main activities of the Project?

The main activities include identifying needs and organizing training and skill enhancement in specialized fields for legal affairs staff; establishing coordination regulations in the legal affairs work of the Ministry of Finance.

Who is responsible for directing the implementation of the Project?

A Standing Team led by the Director of the Legal Affairs Department, the Deputy Director of the Organization and Cadres Department as Deputy Team Leader, and members who are leaders responsible for legal affairs from representative types of units under the Ministry.

Where does the funding for the Project come from?

Funding sources include the regular budget of the Ministry, self-generated funds of assigned units, and support funds, as well as other mobilized funds in accordance with the law.

How does the Project impact state management in finance?

The Project contributes to improving the effectiveness of state management in finance through the establishment of coordination regulations in the legal affairs work of the Ministry of Finance.

全文

MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Number: 2944/QD-BTC

Hanoi, December 6, 2011

 

Pursuant to …;

REGARDING THE APPROVAL OF THE PROJECT "STRENGTHENING AND ENHANCING THE CAPACITY OF LEGAL BODIES IN THE FINANCE SECTOR TO MEET NEW REQUIREMENTS AND TASKS AS PROVIDED FOR IN DECREE 55/2011/ND-CP"

THE MINISTER OF FINANCE

Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 55/2011/ND-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal bodies;

At the proposal of the Director of the Legal Department and the Director of the Organization and Cadres Affairs Department,

DECISION:

Article 1. Approves the Project "Strengthening and Enhancing the Capacity of Legal Bodies in the Finance Sector to Meet New Requirements and Tasks as Provided for in Decree 55/2011/ND-CP."

Article 2. The Directors of the Legal Department and the Organization and Cadres Affairs Department shall be responsible for organizing the implementation of the contents of the approved Project in accordance with the schedule, promptly reporting to the Ministry any difficulties encountered during its implementation.

Article 3. The Budget Planning and Finance Department shall be responsible for allocating funds and other material conditions to ensure that the Project is implemented effectively.

The International Cooperation Department shall be responsible for reviewing and promptly identifying potential funding from projects to propose support for the implementation of the Project.

Article 4. This Decision takes effect from the date of signature. The Directors of the Legal Department, the Organization and Cadres Affairs Department, the Budget Planning and Finance Department, the International Cooperation Department, the Head of the Ministry's Office, and the Heads of units and organizations under the Ministry shall be responsible for organizing the implementation of this Decision./.

 

 Place of Receipt:
- Ministry of Planning and Investment Portal;
- As in Article 4;
- To be filed: VT, PC.

 

THE MINISTER

(Signed)


Vu Dinh Hue

 

PROJECT

STRENGTHENING AND ENHANCING THE CAPACITY OF LEGAL BODIES IN THE FINANCE SECTOR TO MEET NEW REQUIREMENTS AND TASKS AS PROVIDED FOR IN DECREE 55/2011/ND-CP

Problem Statement:

To effectively perform the role of managing state financial affairs through law, based on Decree No. 94/CP dated September 6, 1997 of the Government on the organization of legal bodies at ministries, ministerial-level agencies, and government agencies, the Legal Department of the Ministry of Finance was established. Along with the establishment of the ministry-level legal body, legal bodies in subordinate units were gradually established and improved, notably the Legal Department of the General Customs Department, the General Tax Department, the State Securities Commission; the Policy Legal Department of the National Reserve Corporation; and the Legal Division of the General Legal Synthesis Department of the State Treasury. With these organizational advantages, legal work over the past years has basically met the requirements set forth in Decree No. 122/2004/ND-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of legal bodies at ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees, and state-owned enterprises (previously Decree 94/CP).

On July 4, 2011, the Government issued Decree No. 55/2011/ND-CP stipulating the functions, tasks, powers, and organizational structure of legal bodies (hereinafter referred to as Decree No. 55/2011/ND-CP), replacing Decree No. 122/2004/ND-CP dated May 18, 2004 concerning the functions, tasks, powers, and organizational structure of legal bodies. Decree No. 55/2011/ND-CP has some new points compared to Decree No. 122/2004/ND-CP, including supplementing certain functions and tasks related to legal work, clearly defining the positions and functions of legal bodies, and setting specific standards for legal staff at ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees, and legal bodies in state-owned enterprises.

This project aims to identify specific activities to strengthen and enhance the capacity of legal bodies in the finance sector generally, and the Legal Department of the Ministry of Finance specifically, to meet new requirements and tasks as provided for in Decree No. 55/2011/ND-CP.

I. NECESSITY OF ISSUING THE PROJECT

Although significant achievements have been made, a review of recent years shows that there are still certain limitations in financial legal work, especially in the context of intensifying judicial reform, building a socialist rule-of-law state, and the increasing demands of integration, along with the issuance of Decree No. 55/2011/ND-CP on the functions, tasks, powers, and organizational structure of legal bodies by the Government.

1. CURRENT SITUATION OF IMPLEMENTATION OF LEGAL WORK IN THE FINANCE SECTOR

In recent years, although legal work has been comprehensively implemented according to Decree No. 122/2004/ND-CP and has contributed positively to the overall results of the Ministry, there are still certain limitations in specific areas of work. Specifically, as follows:

- In the preparation of programs to build normative legal documents, practical requirements have been closely followed, drafting work has been given attention and always achieved high completion rates, but in reality, there are still cases where requests to withdraw or adjust the progress of certain documents have occurred.

- In recent times, the dissemination, popularization, and education of laws have shown positive changes with various forms, contributing significantly to raising legal awareness among target groups, but the initiative in implementing these activities remains insufficient.

- The review and systematization of normative legal documents have become routine and timely announcements of expired documents have helped improve the implementation of normative legal documents. However, with the continuous emergence of amendments, supplements, and updates due to the rapid economic transition, the need to update, systematize, and announce currently effective documents has become urgent, but this task has not had the opportunity to be carried out in recent times. It is necessary to implement this task soon.

- The inspection and handling of regulatory legal documents is one of the important new tasks that emerged at the end of 2004 but has been studied and organized to be implemented at each unit under the Ministry. Through this, it has contributed to raising awareness among officials and civil servants and the responsibility of units in complying with the Law on Enacting Regulatory Legal Documents; the work of inspecting the implementation of documents has gradually become effective, creating an important channel for information to improve regulatory legal documents; the work of inspecting documents signed by the heads of units has contributed to enhancing the role and responsibility of unit heads in guiding and organizing the implementation of financial regulatory legal documents. However, this work still has many limitations in terms of inspection skills and handling documents suspected of violating the law; the construction of a database system for inspecting regulatory legal documents, although implemented, has not ensured maintenance and updates of changes and developments.

- The task of providing legal support to businesses, monitoring the enforcement of laws, and the work related to state compensation liability are tasks that need to continue to be researched to implement appropriately according to the characteristics of the finance sector. Currently, the capacity of officials assigned to these tasks is not fully met, and the skills in performing these tasks are still limited.

- Regarding the relationship of work, the leading role, and the consolidation of legal forces in finance at the General Departments, Bureaus, and Directorates within the Ministry through the coordination in implementing legal tasks over time has been given attention. However, there is still no specific regulation regarding the mechanism for cooperation in implementing legal tasks between the Ministry and units (primarily with the General Departments). Therefore, there are overlaps and omissions. Mutual support between the legal department of the Ministry and the legal departments of the General Departments and those engaged in legal work at units is still limited.

2. Current status of the model and organizational structure of the legal system in the finance sector

a. The current model of the legal organization in the finance sector is being implemented according to Decree No. 122/2004/NĐ-CP dated May 18, 2004, of the Government stipulating the functions, tasks, powers, and legal organization. Specifically, as follows:

- At the Ministry level, there is a Legal Department; the General Departments of Taxation, Customs, and the State Securities Commission have independent Legal Departments; the General Department of National Reserves and the State Treasury have legal organizations combined with other departments.

- For Bureaus under General Departments: Currently, only the tax sector is piloting the establishment of legal organizations at the Hanoi Tax Bureau and the Ho Chi Minh City Tax Bureau. Accordingly, the Hanoi Tax Bureau and the Ho Chi Minh City Tax Bureau have independent Legal Departments, while the remaining local tax bureaus have their legal work assigned to the General Affairs - Business Operations - Budget Department.

- For Bureaus and Directorates under the Ministry: Currently, apart from the Price Management Bureau which has some staff dedicated to legal work, other Bureaus and Directorates under the Ministry do not have independent legal organizations and have not allocated specialized staff for legal work.

- For enterprises where the Ministry of Finance acts as the owner such as the State Capital Investment Corporation (SCIC), the Debt Purchase Company, the Printing Company, the Hanoi Stock Exchange, the Ho Chi Minh City Stock Exchange, and the Vietnam Securities Depository, only SCIC has an independent Legal Department (Legal Board); other enterprises under the Ministry either have integrated legal organizations (Debt Purchase Company, Hanoi Stock Exchange) or only allocate part-time staff for legal work (Ho Chi Minh City Stock Exchange, Vietnam Securities Depository Center).

Through practical activities, the legal organizational model in the finance sector has some shortcomings as follows:

First, there is inconsistency in the legal organizational structure at the General Department level: some General Departments establish independent legal organizations, while others combine legal organizations with other departments; the personnel engaged in legal work at units under the Ministry are unclear, resulting in some units allocating part-time staff for legal work, while others do not allocate any staff for legal work.

Second, in practice, the legal organizations and personnel engaged in legal work at units have not fully leveraged their roles in advising and assisting unit heads in fulfilling assigned functions and tasks. The coordination and support relationships between the legal department of the Ministry and the legal departments of units, and between legal departments of units are still limited.

Third, in some units, some legal tasks are delayed in implementation; implemented in form only or omitted; while there is a lack of inspection mechanisms and support.

b. Regarding officials and civil servants engaged in legal work

- The professional qualifications structure of officials and civil servants currently engaged in legal work in the finance sector is not appropriate.

Officials and civil servants currently engaged in legal work in units within the finance sector have graduated with bachelor's degrees in various fields such as Economics, Banking, Finance, Public Administration, Accounting, Foreign Trade... Among them, they are divided into three main groups: (i) the first group has just been trained specifically in law; (ii) the second group has just been trained specifically in finance-economics; (iii) the third group has been trained in law or finance-economics, but has supplemented knowledge in finance or law (holding a second bachelor's degree in finance or law). In practice, the third group has proven to be the most suitable in professional qualifications for financial legal work, best meeting job requirements. However, the number of officials and civil servants in the third group is still small. All officials and civil servants self-study and supplement knowledge without adequate attention and appropriate incentive policies from agencies and units. Most officials and civil servants engaged in legal work belong to the first and second groups. Meanwhile, the knowledge and experience about finance or law acquired by officials and civil servants in the first and second groups from practical work are incomplete and unstructured.

- Officials and civil servants engaged in legal work have not received in-depth training in knowledge and professional skills; they have not been comprehensively trained in the skills and professional duties of legal work.

Before being recruited, officers and civil servants working in the legal affairs of the finance sector must be trained in general legal knowledge. After recruitment, they participate in short-term training courses organized by their agencies or units. During their work, officers and civil servants update their legal knowledge according to their assigned tasks such as insurance law, customs law, tax law, accounting law, etc.; at the same time, they supplement skills and expertise in drafting documents, reviewing documents, promoting laws, or checking documents. Thus, overall, officers and civil servants in the legal affairs of the finance sector have not yet been systematically trained in specialized knowledge and skills; they have not been fully and comprehensively trained in the skills and expertise required for legal work.

3. Requirements of the new situation (Decree No. 55/2011/ND-CP on the functions, tasks, powers, and organizational structure of legal affairs organizations)

Decree No. 55/2011/ND-CP raises many issues, among which there are three extremely important ones:

a. Organizational structure: According to Decree No. 55/2011/ND-CP, the organizational structure is defined as follows: The Ministry has a Legal Affairs Department; General Departments and equivalents have legal affairs organizations; Bureaus under the Ministry have legal affairs organizations or dedicated legal affairs civil servants; enterprises under the Ministry have legal affairs organizations or dedicated staff; Provincial Finance Departments under provincial People's Committees have Legal Affairs Divisions.

b. Regarding functions and tasks: Decree No. 55/2011/ND-CP assigns twelve stable tasks to the Legal Affairs Department of the Ministry; ten tasks to legal affairs organizations at General Departments and equivalents, Bureaus under the Ministry; ten tasks to Legal Affairs Divisions of Provincial Finance Departments; eight tasks to legal affairs organizations of enterprises under the Ministry. In addition, the Legal Affairs Department of the Ministry is also assigned additional tasks: (i) guiding and inspecting professional and technical matters in legal affairs work for legal affairs organizations at General Departments and equivalents, Bureaus under the Ministry; Legal Affairs Organizations of Provincial Finance Departments and enterprises where the Ministry is the representative owner of state capital; (ii) implementing programs, plans, and projects of cooperation with foreign countries on laws as assigned by the Minister; (iii) implementing forensic appraisal activities...

c. Regarding personnel engaged in legal affairs: According to Decree No. 55/2011/ND-CP, within one year from the date the Decree takes effect (August 25, 2011), officers and civil servants engaged in legal affairs without a bachelor's degree in Law must participate in legal training programs and professional skill enhancement programs in legal affairs work; within five years, they must obtain a bachelor's degree in Law.

Accordingly, if the training programs and plans are not promptly developed and implemented, especially legal training programs and professional skill enhancement programs in legal affairs work and bachelor's degree training in Law, many officers and civil servants in the legal affairs of the finance sector will face difficulties in performing their assigned tasks; simultaneously, they will not enjoy the special allowance regime stipulated in Clause 2, Article 12 of Decree No. 55/2011/ND-CP after five years from the date Decree No. 55/2011/ND-CP takes effect.

From the above analysis, it can be seen that the development of the "Proposal to Strengthen and Enhance the Capacity of Legal Affairs Organizations in the Finance Sector to Meet New Requirements as Prescribed in Decree No. 55/2011/ND-CP" is necessary.

II. Objectives of the Proposal

1. General objectives

- To enhance the capacity of legal affairs organizations in the finance sector both in terms of organizational structure and personnel engaged in legal affairs.

- To meet the requirements for building legal affairs organizations in the finance sector according to a unified model as prescribed in Decree No. 55/2011/ND-CP, creating a significant legal basis for human resource allocation and conditions to ensure the synchronized implementation of legal affairs work in the finance sector, leading to fundamental changes in the organization and operation of legal affairs organizations in the finance sector from central to local levels, meeting the requirements of state management by law in the field of finance.

- To improve and enhance legal knowledge; skills, expertise, and professional qualifications in legal affairs work as prescribed in Decree No. 55/2011/ND-CP; while supplementing specialized knowledge and professional skills for officers, civil servants, officials, and staff engaged in legal affairs (hereinafter referred to as personnel engaged in legal affairs) in the finance sector to meet the requirements of their work in the new situation.

2. Specific objectives

- To clearly define the functions, tasks, powers, and organizational structure of legal affairs in units under the Ministry from central to local levels, meeting the requirements of state management in various fields of finance by law, ensuring consistency, transparency, financial discipline, and modernization of the national financial system.

- To improve the internal organizational structure of the Legal Affairs Department of the Ministry of Finance to effectively implement the tasks assigned according to Decree No. 55/2011/ND-CP.

- To enhance the capacity of the legal affairs officer and civil servant team to meet the requirement of being trained in law and professional skill enhancement in legal affairs work within one year; within five years, they must have a bachelor's degree in Law (for those who do not have a bachelor's degree in Law) and meet the requirements of high specialization in certain specific areas of law; regularly updating specialized knowledge and professional skills, enhancing related skills and professional qualifications for personnel engaged in legal affairs in the finance sector.

- To develop and operate the Regulation on Coordination of Legal Affairs Work throughout the Finance Sector (Ministry - General Departments - Bureaus, Departments).

III. Contents of Activities of the Proposal

To implement the Proposal, the following activities need to be carried out:

A. Activity 1: Survey and Evaluation of the Organizational Structure and Personnel Engaged in Legal Affairs in the Finance Sector

1. Purpose of the Activity:

To summarize and evaluate the organizational model; the capacity and level of personnel engaged in legal affairs; and the results of performing functions and tasks at (i) the Legal Affairs Department of the Ministry, (ii) Legal Affairs of vertical General Departments, (iii) Departments and Bureaus under the Ministry, (iv) enterprises and other organizations under the Ministry. On this basis, clarify the existing problems, limitations, and requirements in implementing Decree No. 55/2011/ND-CP.

2. Content of activities and methods of implementation:

(i) Systematize the functions and tasks of the Legal Affairs Department of the Ministry and the legal affairs organizations under the units of the Ministry as stipulated in the relevant documents and actual implementation.

(ii) Develop a framework and design a sample survey form for four groups of units (Legal Affairs Department of the Ministry; Legal Affairs under the General Departments or equivalent including local units under the General Departments; Departments and Departments under the Ministry; other enterprises and organizations under the Ministry) to evaluate the following contents:

- Organizational structure model

- Implementation of assigned functions and tasks.

- Legal affairs workforce

(iii) Conduct surveys and compile reports on survey results:

(iv) Organize experience exchanges with legal affairs organizations of other ministries and sectors; hold seminars and discussions on evaluation reports.

3. Assignment of responsibilities for implementation:

(i) Drafting the Survey Form: The Legal Affairs Department shall take the lead and coordinate with the Cadre and Civil Servant Organization Department and relevant units.

(ii) Developing the implementation plan: The Legal Affairs Department shall take the lead and coordinate with the Cadre and Civil Servant Organization Department.

(iii) Implementing the survey

- Survey at the Legal Affairs Department of the Ministry: The Legal Affairs Department and the Cadre and Civil Servant Organization Department shall coordinate to implement.

- Survey at the General Departments: The General Departments shall take the lead and coordinate with the Legal Affairs Department of the Ministry, the Cadre and Civil Servant Organization Department to implement.

- Survey at Departments and Bureaus: The units shall take the lead and coordinate with the Legal Affairs Department of the Ministry, the Cadre and Civil Servant Organization Department and other Departments and Bureaus to implement.

- Survey at enterprises and other organizations: The units shall take the lead and coordinate with the Legal Affairs Department of the Ministry, the Cadre and Civil Servant Organization Department and enterprises and other organizations to implement.

(iv) Compiling the general report

- The Legal Affairs Department shall compile the survey results and coordinate with the Cadre and Civil Servant Organization Department to organize seminars and discussions to complete the evaluation report.

4. Results of Activities:

The evaluation report consists of three parts:

- Evaluation of the organizational model of financial legal affairs

- Evaluation of the performance of legal affairs work and tasks at units

- Evaluation of the capacity and qualifications of personnel engaged in financial legal affairs at units

5. Timeframe for Implementation:

To be completed in the first quarter of 2012.

B. Activity 2: Research and propose models for organizing legal affairs in the finance sector

1. Purpose of the Activity

Propose schemes and models for organizing legal affairs at the Legal Affairs Department of the Ministry, General Departments, Departments, and enterprises and other organizations under the Ministry. On this basis, propose improvements for each type of organization, including the orientation for establishing new organizations where legal affairs organizations have not yet been established.

2. Content of Activities and Assignment of Responsibilities for Implementation

(i) Research and propose an internal organizational model for the Legal Affairs Department of the Ministry to ensure the full fulfillment of the functions and tasks of the Ministry's Legal Affairs according to the requirements of Decree No. 55/2011/ND-CP. Accordingly, classify and group tasks and determine their relationships; determine the number of divisions within the department, staffing levels, and job descriptions for civil servants in the divisions and the department.

- The Legal Affairs Department of the Ministry shall take the lead and coordinate with the Cadre and Civil Servant Organization Department to implement.

- Result of the activity: Report/Proposal

- Completion time: In the first quarter of 2012

(ii) Research and propose a model for organizing legal affairs in General Departments based on which determine the requirements for improving or establishing new legal affairs organizations in General Departments, provincial-level Departments (or inter-provincial Departments) in accordance with Decree No. 55/2011/ND-CP (including criteria for improvement and establishment; internal organizational model, job descriptions as the basis for staffing legal affairs personnel in legal affairs organizations).

- The General Departments shall take the lead and coordinate with the Cadre and Civil Servant Organization Department and the Legal Affairs Department of the Ministry to implement.

- Result of the activity: Report/Proposal

- Deadline for completion: In the first quarter of 2012

(iii) Research and propose a model for organizing legal affairs in Departments and Departments under the Ministry in accordance with the requirements of Decree No. 55/2011/ND-CP. Select and determine an appropriate model to implement in the unit (having a legal affairs organization within the unit, integrating legal affairs tasks with an existing unit, or arranging personnel for legal affairs).

- The units shall take the lead and coordinate with the Cadre and Civil Servant Organization Department and the Legal Affairs Department of the Ministry to implement.

- Result of the activity: Report/Proposal

- Deadline for completion: In the first quarter of 2012

(iv) Research and propose a model for organizing legal affairs in enterprises and other organizations under the Ministry in accordance with the requirements of Decree No. 55/2011/ND-CP

- The units shall take the lead and coordinate with the Cadre and Civil Servant Organization Department and the Legal Affairs Department of the Ministry to implement.

- Result of the activity: Report/Proposal

- Completion time: In the first quarter of 2012

3. Methods of Implementation

(i) Units taking the lead:

- Based on the results of the evaluation survey and the need for improvement/new establishment of legal affairs organizations, develop a Report/Proposal for implementation.

- Coordinate with the Cadre and Civil Servant Organization Department and the Legal Affairs Department of the Ministry to organize seminars and discussions.

- Finalize the Report/Proposal and seek opinions from related units before submitting to the Cadre and Civil Servant Organization Department and the Legal Affairs Department of the Ministry.

(ii) The Cadre and Civil Servant Organization Department shall coordinate with the Legal Affairs Department of the Ministry to review and provide a basis for the Ministry to make decisions in accordance with current regulations of the Ministry.

4. Overall Results of Activities

- Report/Proposal on the orientation for establishing financial legal affairs organizations (separate organization, combined organization, personnel arrangement for legal affairs) in General Departments, Departments, Departments, enterprises, and other organizations under the Ministry.

- Draft Decision to supplement和完善翻译,确保内容完整准确,并妥善处理换行问题。

- Draft Regulation on coordination in legal affairs work of the Ministry/Finance Sector.

5. Timeframe for Implementation:

To be completed in the second quarter of 2012.

C. Activity 3: Determine needs, establish a matrix for personnel to participate in training and organize training to meet the requirements for personnel engaged in legal affairs as stipulated in Decree No. 55/2011/ND-CP

1. Content of Activities and Assignment of Responsibilities for Implementation

(i) Provide professional skills training on legal affairs work for staff who do not have a bachelor's degree in Law (reviewing normative legal documents, popularizing legal education, monitoring law enforcement...) to meet immediate requirements as stipulated in Decree No. 55/2011/ND-CP.

- Develop a demand plan and proactively determine the number of personnel engaged in financial legal affairs who fall under the specified category to participate in training courses organized by the Ministry of Justice.

- If necessary, due to high demand, coordinate with the Ministry of Justice to organize specialized training courses for finance sector civil servants.

- Assignment of responsibilities for implementation:

+ Heads of units under the Ministry: Prepare plans for needs to be submitted to the Department of Legal Affairs for consolidation and submission to the Department of Organization and Cadres to process formalities; base on the announced program and plan to dispatch officials and civil servants from their units to attend training courses organized by the Ministry of Justice.

+ The Department of Legal Affairs of the Ministry shall coordinate with the Department of Organization and Cadres to consolidate the needs; base on the announced program and plan to submit a document to the Ministry to appoint officials and civil servants of the Ministry of Finance to attend training courses organized by the Ministry of Justice; work with the Ministry of Justice when necessary and there is a large demand to organize separate training courses for finance officials and civil servants.

- Completion time: Within twelve months from the effective date of Decree No. 55/2011/NĐ-CP (August 25, 2011).

(ii) Train bachelor's degree holders in law for officials and civil servants engaged in legal affairs who have not yet obtained a bachelor's degree in law to meet the requirement that they must hold a bachelor's degree in Law within five years from the effective date of Decree No. 55/2011/NĐ-CP.

- Prepare plans for needs, build matrices for dispatching officials and civil servants engaged in legal affairs to attend bachelor's degree programs either part-time or second bachelor's degrees without affecting the annual resources for performing political tasks of the unit.

- From 2012, organize research and propose to the Ministry to supplement relevant documents of the finance sector, which stipulate that the recruitment criteria for officials and civil servants engaged in legal affairs must have a bachelor's degree in law or higher (already holding a bachelor's degree in Law or already holding a second bachelor's degree in Law).

- Study the preliminary feasibility of the project to train a specialized field in Financial Law at the Academy of Finance to meet the requirements for personnel engaged in financial legal affairs for the sector and society.

- Assignment of responsibilities for implementation:

+ Heads of units under the Ministry: Prepare plans, needs, build matrices, and dispatch personnel engaged in legal affairs to attend training. Dispatch and create favorable conditions for officials and civil servants engaged in legal affairs to participate in bachelor's degree programs according to the plan.

+ The Department of Legal Affairs of the Ministry shall coordinate with the Department of Organization and Cadres to compile lists of officials and civil servants who need to supplement bachelor's degree training in Law.

+ The Academy of Finance shall coordinate with the Department of Legal Affairs and the Department of Organization and Cadres to develop a training project for a specialized field in Financial Law to meet the training needs for legal officers in finance for the Ministry, sector, and society.

- Completion time: Not later than five years from the effective date of Decree No. 55/2011/NĐ-CP (August 25, 2011).

(iii) Provide advanced knowledge and professional skills in certain areas of law (such as business law, administrative litigation law, civil and criminal law, forensic examination law, international law) to meet the high professional requirements set forth.

- Study and determine topics and fields requiring advanced training such as comprehensive topics related to many areas of state management of the Ministry of Finance (forensic examination, handling complaints, administrative disputes, foreign-related disputes...).

- Determine the content of advanced training; the target audience, methods, and schedule of the training implementation.

- Assign responsibilities.

+ The Department of Legal Affairs of the Ministry shall study and determine topics, plans, and content; implement and organize training sessions.

+ Units shall prepare lists of participants for training sessions based on notifications from the Department of Legal Affairs.

The Department of Organization and Cadres shall issue a Decision to dispatch officials and civil servants to attend training sessions on knowledge and professional skills; prepare a list of training sessions; participate in managing the training sessions; and carry out monitoring and management in accordance with regulations.

- Completion time: To be carried out according to the milestones of the training program and plan.

(iv) Provide professional skills training related to legal affairs work.

- Study and determine topics and fields requiring professional skills training such as reviewing, systematizing, and codifying financial regulatory systems; popularizing and educating the law; resolving state compensation, participating in litigation activities...

- Determine the content of professional skills training; the target audience, methods, and schedule of the training implementation.

- Assign responsibilities.

+ The Department of Legal Affairs of the Ministry shall study and determine topics for training, plans, and content; implement and organize training sessions (inviting lecturers; organizing training sessions and issuing certificates of training in accordance with regulations).

+ Units shall prepare lists of participants for training sessions based on notifications from the Department of Legal Affairs.

The Department of Organization and Cadres shall issue a Decision to dispatch officials and civil servants to attend training sessions on skills and professional skills; prepare a list of training sessions on skills; participate in managing the training sessions; and carry out monitoring and management in accordance with regulations.

- Completion time: To be carried out annually.

IV. Implementation of the Project

1. Based on the approved project, establish a Permanent Steering Committee to implement the project.

The Permanent Steering Committee shall be headed by the Director of the Department of Legal Affairs as the Chairperson; the Leaders of the Department of Organization and Cadres as Deputy Chairpersons; Members are Leaders responsible for legal affairs from representatives of various types of units under the Ministry.

The Permanent Steering Committee shall be responsible for guiding the implementation, providing overall direction for the implementation of the project; regularly report to the Minister, Deputy Minister in charge, and other relevant leaders of the Ministry.

2. Heads of units under the Ministry shall base on their main tasks, study and coordinate with relevant units under the Ministry to implement the project within their respective areas of responsibility.

3. The Department of Planning and Finance shall be responsible for guiding and coordinating with relevant units to prepare the budget estimate, allocate, and arrange funds for implementing the project based on the estimated costs stated in the attached annex. The funding source for implementation will be drawn from the regular budget of the Ministry's agency, the budget of units granted autonomy, and other sources of support and mobilization in accordance with the law.

4. The Department of International Cooperation shall review international projects of the Department, identify potential funding opportunities from these projects to propose support for the implementation of the project./.

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