Decree No. 38-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice

DECREE

On the functions, tasks, powers, and organizational structure of the Ministry of Justice

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decree No. 15-CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;

Considering the proposal of the Minister of Justice and the Ministers and Heads of the Civil Service Organization Department under the Government;

DECISION:

Article 1. - The Ministry of Justice is an agency of the Government that performs the function of unified state management over judicial work; building and participating in building laws and regulations; popularizing and educating the law; managing the organization of local courts, military regional courts, and equivalent courts, and military area courts (collectively referred to as local courts); training and improving legal cadres and managing other judicial works assigned by the Government.

Article 2. - The Ministry of Justice has the following tasks and powers:

1. On building and participating in building laws and regulations.

Consolidating the program for building laws and ordinances of Ministries, ministerial-level agencies, and agencies under the Government; jointly with the Government Office to propose long-term and annual programs for building laws and ordinances for the Government to submit to the National Assembly for decision.

Submitting to the Government draft laws and ordinances on civil matters, and other draft laws and ordinances according to the division of labor by the Government, and guiding documents for implementing those laws and ordinances.

Reviewing and providing legal opinions on draft laws and ordinances, guiding documents for implementing laws and ordinances drafted primarily by Ministries, ministerial-level agencies, and agencies under the Government before they are submitted to the Government.

Cooperating with the Government Office in organizing and directing the work of systematizing legal documents.

Systematizing legal documents within the scope of the Ministry's functions; proposing amendments, supplements, or revocation of legal documents that are inconsistent with the Constitution and laws.

2. On managing local people's courts.

Building the organizational structure, material infrastructure, budget, and means of operation of local courts; uniformly managing the court budget.

Submitting to the Government for decision the total staffing of local courts after reaching consensus with the Civil Service Organization Department under the Government. The President of the Supreme People's Court and the Minister of Defense shall stipulate staffing for each local court after exchanging views with the President of the Supreme People's Court and the Minister of Defense.

Building and submitting to competent authorities for issuance specific systems and policies for judges, people's assessors, and court staff; guiding, supervising, inspecting, and resolving the implementation of these systems and policies.

After reaching consensus with the President of the Supreme People's Court and the Minister of Defense, submitting to the Standing Committee of the National Assembly for decision the list of members of the selection council for judges of provincial and centrally-administered city people's courts; submitting the President of the State for appointment, dismissal, or removal of the Presidents and Deputy Presidents of provincial and centrally-administered city people's courts, district, urban district, town, and provincial city people's courts, and equivalent military regional courts and military area courts; reviewing and recommending the appointment or removal of judges of provincial and centrally-administered city people's courts for the selection council to review and submit to the President of the State for decision.

3. On organization and enforcement of civil judgments.

Submitting to the Government for issuance or issuing within its authority specific systems and policies, guiding legal documents on civil judgment enforcement work; building organizations, training, and improving professional skills, ensuring material infrastructure, budget, and means of operation for judgment enforcement work and civil judgment enforcement personnel.

4. On other judicial works.

Implementing state management over the organization and activities of lawyers, notaries, appraisers, household registration, and other judicial activities; submitting to the Government for decision (or deciding according to the Government's delegation) the rules on the organization and activities of lawyer associations, notary associations, and appraisal associations; uniformly managing forms, registers, and records for notarization, household registration, judicial statistics, and criminal records; managing nationality-related work as prescribed.

5. On mediation work.

Submitting to the Government for issuance or issuing within its authority guiding documents on mediation of disputes among citizens; directing, guiding, inspecting, and summarizing the activities of mediation teams.

6. On training, scientific research, and popularizing and educating the law.

Submitting to the Government for decision and organizing the implementation of long-term and annual programs for popularizing and educating the law; coordinating with the Ministry of Education and Training to build curricula for teaching law in schools.

Building plans for training legal officials nationwide, organizing training for legal officers at undergraduate, graduate, and postgraduate levels according to the division of labor by the Government; uniformly managing the improvement and upgrading of the qualifications of court staff, legal officials, legal advisors, lawyers, notaries, appraisers, household registrars, and enforcement officers; organizing legal scientific research and developing legal information work.

7. On international cooperation.

Submitting to the Government for decision programs, plans, and projects for international cooperation in the judicial field; managing and organizing the implementation of these programs, plans, and projects.

Submitting to the Government for decision the signing, approval of participation in international treaties, and participation in international organizations in the judicial field as prescribed by the Government.

8. On inspection and handling complaints and petitions.

Inspecting the implementation of policies and laws by agencies, organizations, and individuals within the scope of the Ministry's functions. Handling complaints and petitions from citizens within its authority.

Article 3. - The judicial organization includes:

a) Agencies assisting the Minister in performing state management functions:

1. Office,

2. Department of Planning and Finance,

3. Department of Local Court Management,

4. Civil Enforcement Agency,

5. Department of Lawyer and Legal Consultation Management,

6. Department of Notarization, Judicial Appraisal, Household Registration, Nationality, and Criminal Record Management,

7. Department of Criminal and Administrative Law,

8. Department of Civil and Commercial Law,

9. International Cooperation Department,

10. Popularization and Legal Education Department,

11. Cadre Organization and Training Department,

12. Inspectorate of the Ministry.

b) Affiliated scientific and technical organizations:

1. Institute for Legal Science Research,

2. University of Law and its branch in Ho Chi Minh City,

3. Legal News Newspaper,

4. Democratic and Legal Journal.

The functions, tasks, powers, organization, and staffing of units under the Ministry shall be stipulated by the Minister of Justice.

Article 4. - The system of local judicial organizations is defined as follows:

1. In provinces and equivalent levels, there is a Department of Justice; in districts and equivalent levels, there is a Justice Office; in communes and equivalent levels, there is a Justice Board.

The Department of Justice, Justice Office, and Justice Board are specialized agencies of the People's Committee at the same level, subject to professional guidance and management from higher-level judicial agencies.

2. After obtaining the agreement of the Minister, the Director of the Government's Organizational and Cadre Affairs Bureau, the Minister of Justice shall specify the tasks, powers, and organizational structure of local judicial organizations.

Article 5. - This Decree takes effect from the date of issuance and replaces Decree No. 143/HĐBT dated November 22, 1981.

Article 6. - The Minister of Justice, Ministers, Heads of ministerial-level agencies, agencies under the Government, Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.