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

DECREE
Regulations on functions, tasks, powers
and organizational structure of the Ministry of Justice

Pursuant to the Government Organization Law on February 18, 2025;

At the proposal of the Minister of Justice,

the Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 1. Position and Functions

The Ministry of Justice is an agency of the Government, performing the function of state management in: Law-building; organization of law enforcement; civil execution; administrative justice; judicial assistance; legal affairs work; state management of public service activities within the scope of its state management.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Justice performs the tasks and powers as prescribed by the Law on the Organization of the Government, the Government's regulations on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting to the Government draft laws, resolutions of the National Assembly, draft ordinances, resolutions of the Standing Committee of the National Assembly; draft decrees, resolutions of the Government; draft decisions of the Prime Minister in fields under its state management according to the annual program and plan for law-building that have been approved and other projects and programs assigned by the Government and the Prime Minister.

2. Submitting to the Government and the Prime Minister strategies, plans, programs, and annual development plans for long-term and five-year periods, and important national projects; submitting to the Prime Minister draft decisions and directives on fields under its state management.

3. Issuing circulars, decisions, directives, and other documents within the scope of its state management.

4. Directing, supervising, providing professional guidance, inspecting, and organizing the implementation of normative legal documents, strategies, plans, programs, projects, and programs already approved within the scope of its state management.

5. Directing and organizing the implementation of information technology application, digital transformation; developing digital infrastructure and ensuring information security; building an electronic government and a digital government; managing, developing, connecting, sharing, and exploiting data and information in fields under its state management in accordance with the law.

6. On law-building work:

a) Submitting to the Government draft strategies and proposals for building and perfecting the legal system;

b) Drafting the Government's proposed program for law-building for issues within the scope of its functions, tasks, and powers; proposing the main drafting agencies and coordinating agencies for draft laws and ordinances to be submitted to the Prime Minister for decision;

c) Reviewing, participating in the construction, and making suggestions for the drafting of normative legal documents and draft normative legal documents according to the law and assignments from the Government and the Prime Minister;

d) Compiling the list of detailed regulations on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President to be submitted to the Prime Minister for decision; informing provincial People's Councils and People's Committees of cities directly under the central government about the contents delegated to localities for detailed regulations;

đ) Building, issuing, or submitting to competent authorities for issuance technical regulations on drafting normative legal documents; coordinating training, capacity building, and instruction to build a professional team of drafters of normative legal documents;

e) Directing, supervising, providing professional guidance, and inspecting law-building work according to the law.

7. On organization of law enforcement:

a) Advising the Government on measures to organize law enforcement according to the assignments of the Government and the Prime Minister;

b) Directing, supervising, providing professional guidance, and inspecting the implementation of tasks such as popularizing and educating the law; inspecting normative legal documents; reviewing, systematizing, and consolidating normative legal documents; codifying the legal system; monitoring law enforcement; handling administrative violations; accessing information; grassroots mediation; evaluating and recognizing communes, wards, and towns meeting standards for access to the law according to the law;

c) Performing the duties of the permanent body of the Central Steering Committee for Popularizing and Educating the Law, recognizing, and reporting on the appointment and dismissal of legal advisors according to the law;

d) Assisting the Government in inspecting normative legal documents issued by ministries, ministerial-level agencies, provincial People's Councils, and People's Committees at the provincial level and local governments in special administrative-economic zones; recommending actions against illegal documents according to the law;

đ) Reviewing items in the Legal Code; updating and removing outdated legal provisions and adding new items to the Legal Code; submitting to the Government for approval the results of the Legal Code review on topics in the Legal Code and adding new topics to the Legal Code; submitting to the Prime Minister for approval the addition of new items according to the law;

e) Specifying details on the examination and evaluation of law enforcement according to the law; advising the Government and the Prime Minister on handling the results of law enforcement monitoring within their decision-making authority; commenting on the application of normative legal documents according to the assignments of the Government and the Prime Minister;

g) Assisting the Government in uniformly managing administrative violation handling work nationwide according to the law;

h) Assisting the Government in uniformly managing state administration in providing legal support for small and medium-sized enterprises nationwide according to the law.

8. On civil execution and administrative execution:

a) Directing, supervising, providing professional guidance, and inspecting civil execution, administrative execution, and notary activities according to the law;

b) Managing the organization and operation of civil execution agencies and notaries according to the law;

c) Ensuring funding, material resources, and equipment for civil execution and administrative execution work according to the law.

9. Administrative Justice:

a) Direct, monitor, provide professional guidance, inspect the implementation of civil registration, nationality, adoption; registration of security measures, transactions, other property within its jurisdiction; state compensation as prescribed by law;

b) Handle procedures for requesting to acquire, return, renounce Vietnamese nationality, deprivation of Vietnamese nationality, annulment of decisions on acquisition of Vietnamese nationality, and matters related to civil status and nationality as prescribed by law;

c) Perform the central agency's tasks regarding international adoption of Vietnam; handle matters concerning foreign-related adoptions; issue, extend, amend, revoke licenses for foreign adoption organizations' activities and manage foreign adoption offices in Vietnam as prescribed by law;

d) Manage the registration authority and its operations, provide information on security measures, transaction registrations, other properties, and the online registration system for security measures as prescribed by law;

d) Implement state compensation work as prescribed by law.

10. Regarding judicial support:

a) Direct, monitor, provide professional guidance, inspect the organization and operation of lawyers, legal consultation, legal aid, notarization, authentication, forensic examination, auctioning of assets, commercial arbitration, commercial mediation, bankruptcy administrators nationwide as prescribed by law;

b) Issue, extend, revoke licenses and certificates for practicing in the field of judicial support and appoint, reappoint, remove from office judicial support positions as prescribed by law;

c) Implement legal aid work as prescribed by law.

11. Regarding legal system work:

Monitor, provide professional guidance, inspect legal system work of ministries, sectors, localities, state-owned enterprises, public service units as prescribed by law.

12. Regarding institutional building, international law, and resolution of international investment disputes:

a) Lead in signing and implementing international treaties within the scope of the ministry's administrative management;

b) Review, provide comments, and participate in negotiating international treaties and agreements as prescribed by law;

c) Serve as the legal representative of the Government in resolving international investment disputes based on international investment treaties; participate in handling international legal issues arising during Vietnam's international integration; issue legal opinions as prescribed by law;

d) Administer state management over mutual legal assistance and serve as the focal point for implementing mutual legal assistance in civil matters as prescribed by law;

đ) Serve as the national focal point for implementing the International Covenant on Civil and Political Rights (ICCPR); the national focal point for implementing the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards; the national body in relations with members and the permanent bureau of the Hague Conference on Private International Law, the central body in international treaties on mutual legal assistance in civil matters and other international treaties as assigned by the competent authority.

13. Regarding international cooperation in law and judicial reform:

a) Direct, monitor, provide professional guidance, inspect international cooperation in law and judicial reform as prescribed by law; implement international cooperation and external information dissemination work in fields under the ministry's administrative management as prescribed by law;

b) Propose signing and implementing international treaties and agreements within the scope of the ministry's administrative management;

c) Propose joining and participating in international organizations; serve as the national focal point of Vietnam in relations with international judicial and legal organizations of which Vietnam is a member as assigned by the Government, Prime Minister.

14. Regarding administrative reform:

a) Monitor, compile the implementation of institutional reform tasks; perform tasks to innovate and improve the quality of legislative work and issuance of regulatory legal documents;

b) Decide and organize the implementation of the ministry's administrative reform plan according to the goals and content of the State administrative reform program approved by the Prime Minister.

15. Issue, manage, and uniformly guide the use of forms, documents, ledgers in fields under the ministry's administrative management as prescribed by law; implement reporting, statistics, and archival work on materials and data in fields under the ministry's administrative management as prescribed by law.

16. Manage associations, non-governmental organizations, public services in fields under the ministry's administrative management as prescribed by law.

17. Implement inspection, supervision, complaint, accusation resolution, citizen reception organization, prevention and combat of corruption, waste, and negative practices, and handling of violations of law in fields under the ministry's administrative management as prescribed by law.

18. Direct and organize scientific research work, development, and application of scientific research results in fields under the ministry's administrative management.

19. Organize legal education and training, and professional development for judicial positions and judicial support positions as prescribed by law.

20. Manage organizational structure, job positions, staffing, civil servants, public officials, employees, and implement salary systems, benefits, rewards, disciplinary actions, professional training and development for civil servants, public officials, and employees under the ministry's administrative management as prescribed by law.

21. Manage financial resources, assets, public investment assigned and organize their implementation as prescribed by law.

22. Perform other tasks and powers delegated by the Government, Prime Minister, and as prescribed by law.

Article 3. Organizational Structure

1. Department of Legislative Work.

2. Department of Criminal and Administrative Law.

3. Department of Civil and Commercial Law.

4. Department of International Law.

5. Department of Organization and Cadre Affairs.

6. Department of International Cooperation.

7. Ministry Inspectorate.

8. Ministry Office.

9. Civil Execution Management Bureau.

10. Bureau of Legal Document Inspection and Administrative Violation Handling.

11. Popularization, Education, and Legal Aid Bureau.

12. Administrative Justice Bureau.

13. Security Measures Registration and State Compensation Bureau.

14. Judicial Support Bureau.

15. Planning-Finance Department.

16. Information Technology Department.

17. Institute of Strategy and Legal Science.

18. Judicial Academy.

19. Democracy and Law Journal.

20. Vietnam Law Newspaper.

The organizations specified from Clause 1 to Clause 16 of this Article are administrative agencies assisting the Minister in performing state management functions; the organizations specified from Clause 17 to Clause 20 of this Article are public service units serving state management under the Ministry.

The Drafting of Regulatory Legal Documents Department has three divisions, the Criminal-Procedural Law Department has three divisions, the Civil-Commercial Law Department has four divisions, the International Law Department has four divisions, the Cadre and Civil Service Organization Department has five divisions, and the International Cooperation Department has three divisions.

The Minister of Justice shall specify the functions, tasks, powers, and organizational structure of the units under the Ministry and submit to the Prime Minister for issuance of the list of other public service units under the Ministry.

Article 4. Transitional Provisions

The Enforcement Bureau continues to perform its duties and powers as prescribed by law until the Decision of the Minister of Justice specifying the functions, tasks, powers, and organizational structure of the Civil Enforcement Management Department comes into effect.

Article 5. Effective Date

1. This Decree shall take effect from March 1, 2025.

2. This Decree replaces Decree No. 98/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 6. Responsibility for Implementation

The Minister of Justice, the Ministers, the Heads of ministerial-level agencies, the Heads of government agencies, and the Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.