Decision No. 31/2005/QD-BBCVT On the Functions, Tasks, Authorities, and Organizational Structure of the Legal Affairs Department

DECISION OF THE MINISTER OF POSTS AND TELECOMMUNICATIONS

On the functions, tasks, powers, and organizational structure of the Legal Department

THE MINISTER OF POSTS AND TELECOMMUNICATIONS

Pursuant to Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and legal affairs organization of Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises;

At the proposal of the Director of the Cadre and Civil Servant Organization Department and the Director of the Legal Department,

DECISION:

Article 1. Position and functions:

The Legal Department is the advisory body assisting the Minister in exercising state management through law in the fields of postal services, telecommunications, and information technology; organizing the implementation of legislative work, reviewing, systematizing, and harmonizing regulatory legal documents, inspecting regulatory legal documents, disseminating and educating the law, and inspecting the implementation of laws in the fields of postal services, telecommunications, and information technology.

Article 2. Tasks and powers:

1. Taking the lead and coordinating with agencies and units under the Ministry to draft the annual and long-term legislative program and submitting it to the Minister for approval and organizing its implementation upon approval.

2. Taking the lead or participating in drafting regulatory legal documents on postal services, telecommunications, and information technology according to the division of labor by the Minister.

3. Reviewing or participating in providing legal opinions on draft regulatory legal documents prepared by agencies and units under the Ministry before submission to the Minister.

4. Taking the lead and coordinating with agencies and units under the Ministry to prepare files on draft regulatory legal documents for the Minister to request opinions from relevant agencies and organizations; proposing the Ministry of Justice to review and submit to the Government.

5. Taking the lead and coordinating with agencies and units under the Ministry to assist the Minister in providing opinions on draft regulatory legal documents sent for comments by relevant agencies and organizations.

6. Taking the lead and coordinating with agencies and units under the Ministry to organize the review, systematization, and harmonization of regulatory legal documents on postal services, telecommunications, and information technology and developing handling plans for the review results to be submitted to the Minister.

7. Taking the lead and coordinating with units under the Ministry to organize self-inspection and handling of regulatory legal documents on postal services, telecommunications, and information technology within the authority of the Minister to issue.

8. Taking the lead and coordinating with agencies and units inside and outside the Ministry to organize inspections of regulatory legal documents issued by the Minister, heads of other ministerial-level agencies, Provincial People's Councils, and Provincial People's Committees related to postal services, telecommunications, and information technology; proposing handling plans and monitoring the results of handling documents containing illegal content.

9. Taking the lead in drafting plans for the dissemination and education of laws on postal services, telecommunications, and information technology to be submitted to the Minister and coordinating with agencies and units under the Ministry to implement them after approval.

10. Taking the lead in guiding the establishment and improvement of the Ministry's Legal Library.

11. Taking the lead in providing professional guidance on legal affairs to agencies and units under the Ministry, Postal Services and Telecommunications Departments, and state-owned enterprises operating in the fields of postal services, telecommunications, and information technology.

12. Coordinating with agencies and units under the Ministry to organize inspections of the implementation of laws on postal services, telecommunications, and information technology.

13. Taking the lead or participating with agencies and units under the Ministry to organize mid-term and final reviews of the practical implementation of laws in postal services, telecommunications, and information technology activities.

14. Participating in opinions on the handling of violations of laws on postal services, telecommunications, and information technology.

15. Participating in opinions on resolving disputes related to postal services, telecommunications, and information technology.

16. Participating in opinions on resolving complaints and denunciations as assigned by the Minister.

17. Managing organization, cadres, civil servants, assets, files, and documents in accordance with the law and regulations of the Minister.

18. Performing other tasks assigned by the Minister.

Article 3. Organizational Structure:

The Legal Department has a Director, Deputy Directors, and staff engaged in legal affairs.

The Director is responsible to the Minister for organizing the implementation of the assigned functions, tasks, and powers.

Deputy Directors assist the Director and are responsible to the Director for the tasks assigned to them.

The tasks and powers of staff and civil servants in the Legal Department are defined and assigned by the Director.

Article 4. Implementation provisions:

1. This Decision takes effect fifteen (15) days after its publication in the Official Gazette and replaces Decision No. 15/2003/QĐ-BBCVT dated February 18, 2003 of the Minister of Posts and Telecommunications on the functions, tasks, powers, and organizational structure of the Legal Department.

2. The Heads of the Office, the Director of the Cadre and Civil Servant Organization Department, the Director of the Legal Department, and the Heads of agencies and units under the Ministry are responsible for implementing this Decision./.