DECREE NO. 55/2011/ND-CP REGULATES THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF LEGAL AFFAIRS ORGANIZATIONS IN STATE AGENCIES AND STATE ENTERPRISES. IT APPLIES TO MINISTRIES, MINISTRY-EQUIVALENT AGENCIES, GOVERNMENT-AFFILIATED AGENCIES, PROVINCE PEOPLE'S COMMITTEE SPECIALIZED AGENCIES, AND STATE ENTERPRISES. A NOTABLE POINT IS THE SPECIFIC REGULATION OF THE FUNCTIONS AND TASKS OF LEGAL AFFAIRS ORGANIZATIONS IN EACH UNIT.
Đối tượng áp dụng
MINISTRIES, MINISTRY-EQUIVALENT AGENCIES, GOVERNMENT-AFFILIATED AGENCIES, PROVINCE PEOPLE'S COMMITTEE SPECIALIZED AGENCIES, AND STATE ENTERPRISES.
Các điểm cốt lõi
- LEGAL AFFAIRS ORGANIZATIONS IN MINISTRIES, MINISTRY-EQUIVALENT AGENCIES, GOVERNMENT-AFFILIATED AGENCIES, AND PROVINCE PEOPLE'S COMMITTEE SPECIALIZED AGENCIES ARE SPECIALIZED UNITS WITH THE FUNCTION OF ADVISING AND ASSISTING IN STATE MANAGEMENT THROUGH LEGAL MEANS.
- LEGAL AFFAIRS ORGANIZATIONS IN STATE ENTERPRISES ARE SPECIALIZED UNITS WITH THE FUNCTION OF ADVISING THE BOARD OF MEMBERS, BOARD OF MANAGEMENT, CHAIRMAN OF THE COMPANY, GENERAL MANAGER, AND DIRECTOR ON LEGAL ISSUES RELATED TO ORGANIZATION, MANAGEMENT, AND BUSINESS OPERATIONS.
- LEGAL AFFAIRS ORGANIZATIONS IN MINISTRIES, MINISTRY-EQUIVALENT AGENCIES, GOVERNMENT-AFFILIATED AGENCIES, AND PROVINCE PEOPLE'S COMMITTEE SPECIALIZED AGENCIES HAVE THE TASK OF BUILDING, REVIEWING, SYSTEMATIZING LEGAL REGULATORY DOCUMENTS AND IMPLEMENTING LEGAL EDUCATION AND PUBLICITY WORK.
- LEGAL AFFAIRS ORGANIZATIONS IN STATE ENTERPRISES HAVE THE TASK OF ADVISING AND ASSISTING THE BOARD OF MEMBERS, BOARD OF MANAGEMENT, CHAIRMAN OF THE COMPANY, GENERAL MANAGER, AND DIRECTOR IN BUILDING CHARTERS, INTERNAL RULES, AND REGULATIONS AND PARTICIPATING IN RESOLVING DISPUTES.
- PERSONNEL ENGAGED IN LEGAL AFFAIRS INCLUDE CIVIL SERVANTS, STAFF, AND LEGAL AFFAIRS EMPLOYEES. THEY RECEIVE PROFESSIONAL ALLOWANCES.
🌐 Tác động xã hội từ văn bản này
- THE POSITIVE IMPACT IS THE ENHANCEMENT OF THE EFFECTIVENESS OF STATE MANAGEMENT THROUGH LEGAL MEANS THROUGH PROFESSIONAL LEGAL AFFAIRS ORGANIZATIONS.
- THE NEGATIVE IMPACT COULD BE THE BURDEN OF HUMAN RESOURCE COSTS AND EXPENSES FOR AGENCIES AND ENTERPRISES THAT MUST IMPLEMENT THESE REGULATIONS.
❓ Câu hỏi thường gặp
HOW ARE LEGAL AFFAIRS WORK IN MINISTRIES AND MINISTRY-EQUIVALENT AGENCIES REGULATED?
LEGAL AFFAIRS ORGANIZATIONS IN MINISTRIES AND MINISTRY-EQUIVALENT AGENCIES HAVE THE FUNCTION OF ADVISING AND ASSISTING IN STATE MANAGEMENT THROUGH LEGAL MEANS WITHIN THE ASSIGNED INDUSTRY OR FIELD. THEY PERFORM WORK ON BUILDING, REVIEWING, SYSTEMATIZING LEGAL REGULATORY DOCUMENTS AND LEGAL EDUCATION AND PUBLICITY.
WHAT ARE THE REQUIREMENTS FOR EDUCATIONAL QUALIFICATIONS FOR PERSONNEL ENGAGED IN LEGAL AFFAIRS?
LEGAL CIVIL SERVANTS MUST BE AT LEAST A SPECIALIST RANK AND HAVE A BACHELOR'S DEGREE IN LAW OR HIGHER. LEGAL STAFF ALSO NEED TO HAVE A BACHELOR'S DEGREE IN LAW OR HIGHER. THE HEAD OF A LEGAL AFFAIRS ORGANIZATION MUST HAVE AT LEAST FIVE YEARS OF DIRECT EXPERIENCE IN LEGAL WORK.
WHAT ARE THE TASKS OF LEGAL AFFAIRS ORGANIZATIONS IN STATE ENTERPRISES?
LEGAL AFFAIRS ORGANIZATIONS IN STATE ENTERPRISES ADVISE AND ASSIST THE BOARD OF MEMBERS, BOARD OF MANAGEMENT, CHAIRMAN OF THE COMPANY, GENERAL MANAGER, AND DIRECTOR IN BUILDING CHARTERS, INTERNAL RULES, AND REGULATIONS AND PARTICIPATING IN RESOLVING DISPUTES TO PROTECT THE RIGHTS OF THE ENTERPRISE.
WHO DOES THIS DECREE APPLY TO?
THIS DECREE APPLIES TO MINISTRIES, MINISTRY-EQUIVALENT AGENCIES, GOVERNMENT-AFFILIATED AGENCIES, PROVINCE PEOPLE'S COMMITTEE SPECIALIZED AGENCIES, AND STATE ENTERPRISES.
WHAT IS THE TIMEFRAME FOR COMPLETING THE REORGANIZATION OF LEGAL AFFAIRS ORGANIZATIONS?
WITHIN TWELVE MONTHS FROM THE DATE THIS DECREE TAKES EFFECT, MINISTRIES, MINISTRY-EQUIVALENT AGENCIES, GOVERNMENT-AFFILIATED AGENCIES, PROVINCE PEOPLE'S COMMITTEES, AND STATE ENTERPRISES MUST COMPLETE THE REORGANIZATION OF LEGAL AFFAIRS ORGANIZATIONS.
Toàn văn
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 55/2011/NĐ-CP |
Hanoi, July 4, 2011 |
DECREE
Regulations on functions, tasks, powers
and organizational structure of legal affairs organizations
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on the Organization of People's Councils and People's Committees dated November 26, 2003;
Pursuant to the Law on Issuing Normative Legal Documents dated June 3, 2008;
Pursuant to the Law on Enactment of Regulatory Legal 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.
DECREE:
PART I
GENERAL PROVISIONS
This Decree stipulates the position, functions, tasks, powers, and organizational structure of legal affairs organizations at Ministries, ministerial-level agencies, agencies under the Government, specialized agencies under provincial People's Committees (hereinafter referred to collectively as provincial People's Committees), state-owned enterprises, and state management over legal affairs work.
1. Legal affairs organizations at Ministries, ministerial-level agencies, agencies under the Government, and specialized agencies under provincial People's Committees are specialized units with the function of advising and assisting the Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Heads of specialized agencies under provincial People's Committees in implementing state administration through law within the assigned sectors and fields and organizing the implementation of legal affairs work as prescribed in this Decree.
2. Legal affairs organizations at state-owned enterprises are specialized units 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.
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
c) Taking the lead or participating in drafting regulatory legal documents according to the assignment of the Minister or Head of a ministerial-level agency;
d) Taking the lead in reviewing draft regulatory legal documents prepared by units under Ministries and ministerial-level agencies or by government agencies operating within the scope of their sectoral and field management before submitting them to the Minister or Head of a ministerial-level agency for signing and promulgation;
đ) Taking the lead or coordinating with relevant units in preparing files for draft regulatory legal documents to be submitted by the Minister or Head of a ministerial-level agency to relevant agencies, organizations, units, or individuals for comments or to request the Ministry of Justice for review before submitting to the Government or the Prime Minister;
e) Taking the lead or coordinating with relevant units in assisting the Minister or Head of a ministerial-level agency in providing comments on draft regulatory legal documents sent for comments;
g) Taking the lead or coordinating with relevant units in assisting the Minister or Head of a ministerial-level agency in negotiating, signing, joining, and implementing international treaties and agreements within the scope of their sectoral and field management according to the provisions of the law.
a) Taking the lead and coordinating with relevant units in developing plans for reviewing and systematizing regulatory legal documents within the scope of their sectoral and field management and guiding, monitoring, urging, inspecting the implementation of the plans after approval;
b) Taking the lead and coordinating with relevant units in organizing the review and systematization of regulatory legal documents related to their sectoral and field management according to the plan after approval;
c) Regularly every six months and annually, reporting to the Minister or Head of a ministerial-level agency on the results of reviewing regulatory legal documents related to their sectoral and field management and proposals for handling conflicting, overlapping, illegal, or outdated legal norms;
d) Preparing reports on the results of reviewing and systematizing regulatory legal documents to be submitted to the Minister or Head of a ministerial-level agency for submission to the Ministry of Justice for consolidation and reporting to the Government;
đ) Taking the lead in implementing the codification of legal norms related to their sectoral and field management according to the provisions of the law.
Taking the lead and coordinating with relevant units in assisting the Minister or Head of a ministerial-level agency in inspecting and handling regulatory legal documents related to their sectoral and field management according to the provisions of the law.
a) Taking the lead in developing long-term and annual plans for the dissemination and education of law to be submitted to the Minister or Head of a ministerial-level agency and organizing the implementation of these plans after approval;
b) Taking the lead and coordinating with relevant units in organizing the dissemination and education of law concerning their sectoral and field management; guiding, inspecting the dissemination and education of law by units under Ministries and ministerial-level agencies and specialized agencies under provincial People's Committees;
c) Regularly every six months and annually conducting inspections, mid-term reviews, and final summaries of the implementation of the dissemination and education of law and reporting to the Minister or Head of a ministerial-level agency;
d) Regularly every six months and annually preparing reports on the results of the dissemination and education of law to be submitted to the Minister or Head of a ministerial-level agency for submission to the Ministry of Justice for consolidation and reporting to the Government.
Take the lead and coordinate with related units to assist the Minister, the Head of a ministerial-level agency in performing the work of inspecting and monitoring the implementation of laws within the scope of management of the Ministry or ministerial-level agency according to the provisions of the law.
Take the lead and coordinate with related units to assist the Minister, the Head of a ministerial-level agency in managing state affairs regarding state compensation work within the scope of management of the Ministry or ministerial-level agency according to the provisions of the law.
7. On legal support for businesses
Take the lead and coordinate with related units in organizing or participating in implementing activities providing legal support for businesses under the responsibility of the Ministry or ministerial-level agency according to the provisions of the law.
a) Provide opinions on legal aspects concerning the handling of issues within the management responsibility of the Ministry or ministerial-level agency; provide legal opinions on important decisions, directive documents of the Minister, the Head of a ministerial-level agency;
c) Take the lead or coordinate with related units to participate in handling, proposing, and recommending measures to prevent and mitigate the consequences of violations of laws, internal regulations, and rules according to the assignment of the Minister, the Head of a ministerial-level agency.
9. On professional guidance 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 or ministerial-level agency, specialized agencies under provincial People's Committees, and enterprises where the Ministry or ministerial-level agency represents the state's ownership interest.
Coordinate with related units to propose commendation or rewards to the Minister, the Head of a ministerial-level agency for individuals or groups with outstanding achievements in legal affairs work, or propose to the competent authority to grant rewards according to the Minister, the Head of a ministerial-level agency's instructions.
11. On cooperation with foreign countries on legal matters
Take the lead 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, the Head of a ministerial-level agency and according to the provisions of the law.
12. Perform other tasks assigned by the Minister, the Head of a ministerial-level agency or as stipulated by the law.
1. Assist the Head of government agencies in performing the tasks prescribed in Article 3 of this Decree, except for the tasks prescribed in point d Clause 1, point đ Clause 2, and Clause 3.
2. Participate in providing opinions on draft regulatory legal documents prepared by other units before submitting them to the Head of government agencies.
3. Coordinate with legal organizations of ministries and ministerial-level agencies responsible for national management in the sector and related units of government agencies to carry out codification of legal systems, inspect and handle regulatory legal documents according to the provisions of the law.
4. Perform other tasks assigned by the Head of government agencies or as stipulated by the law.
1. Regarding legislative work
a) Take the lead and coordinate with relevant units to assist the General Department Director, Department Director in proposing the establishment of normative legal documents related to their specialized fields of state management.
b) Assist the General Department Director, Department Director in coordinating with the Legal Affairs Department of the Ministry or agency at the ministerial level in drafting the annual program for establishing normative legal documents of the Ministry or agency at the ministerial level.
c) Take the lead or participate in drafting normative legal documents according to the assignment of the General Department Director, Department Director.
d) Provide comments on draft normative legal documents prepared by other units before submitting them to the General Department Director, Department Director for consideration and decision to propose the Legal Affairs Department of the Ministry or agency at the ministerial level for review.
đ) Take the lead or coordinate in preparing files for draft normative legal documents related to their specialized fields of state management to be submitted to the General Department Director, Department Director for proposal to relevant organizations, individuals for contribution or to propose the Legal Affairs Department of the Ministry or agency at the ministerial level for review.
e) Take the lead or coordinate with relevant units to assist the General Department Director, Department Director in providing comments on draft normative legal documents sent for comments by other agencies.
2. Regarding the review, systematization of regulatory legal documents, and codification of legal norms
a) Take the lead and coordinate with relevant units to regularly review and periodically systematize normative legal documents related to their specialized fields of state management; every six months and annually, prepare reports to submit to the General Department Director, Department Director for submission to the Legal Affairs Department of the Ministry or agency at the ministerial level for consolidation and submission to the Minister, Head of the agency at the ministerial level for the results of reviewing normative legal documents and proposals for handling conflicting, overlapping, illegal or outdated regulations.
b) Implement codification of the system of legal norms related to their specialized fields of state management in accordance with the provisions of the law.
3. Regarding inspection and handling of regulatory legal documents
Take the lead in assisting the General Department Director, Department Director in coordinating with the Legal Affairs Department of the Ministry or agency at the ministerial level to inspect and handle normative legal documents in accordance with the provisions of the law.
4. Regarding the dissemination and education of law
a) Take the lead and coordinate with relevant units to develop annual and long-term plans for popularizing and educating the law within their specialized fields of state management, to be submitted to the General Department Director, Department Director for approval and implementation after approval.
b) Take the lead and coordinate with relevant units to advise and assist the General Department Director, Department Director in periodically reviewing and summarizing the implementation of law popularization and education work; report to the Legal Affairs Department of the Ministry or agency at the ministerial level on the results of law popularization and education work for consolidation and reporting to the Minister, Head of the agency at the ministerial level.
5. Regarding monitoring the implementation of laws and inspecting compliance with laws
a) Take the lead and coordinate with relevant units to advise and assist the General Department Director, Department Director in implementing legal inspection and monitoring activities within their specialized fields of state management in accordance with the provisions of the law.
b) Take the lead and coordinate with relevant units to urge, monitor, and inspect the implementation of laws.
c) Take the lead in preparing reports on monitoring the implementation of laws and inspecting the enforcement of laws within their specialized fields of state management to be submitted to the General Department Director, Department Director for submission to the Legal Affairs Department of the Ministry or agency at the ministerial level for consolidation and reporting to the Minister, Head of the agency at the ministerial level.
6. On state compensation work
Take the lead and coordinate with relevant units to assist the General Department Director, Department Director in implementing state compensation activities within their specialized fields of state management in accordance with the provisions of the law.
7. On legal support for businesses
Take the lead in assisting the General Department Director, Department Director in coordinating with the Legal Affairs Department of the Ministry or agency at the ministerial level in implementing legal support activities for enterprises in accordance with the provisions of the law.
Coordinate with relevant units to propose to the General Department Director, Department Director to reward or have the General Department Director, Department Director propose to the competent authority to reward individuals or groups who have outstanding achievements in legal affairs work.
10. Perform other tasks assigned by the General Department Director, Department Director or as stipulated by law.
a) Provide legal opinions on the handling of issues within the responsibility of the General Department Director, Department Director; provide legal opinions on important decisions, directives, and operational instructions of the General Department Director, Department Director.
c) Take the lead or coordinate with relevant units to participate in handling, proposing, and recommending preventive and remedial measures for violations of laws, internal regulations, and rules according to the assignment of the General Department Director, Department Director.
Article 6. Tasks and Authorities of Legal Organizations at Specialized Agencies under the People's Committee at the Provincial Level provincial level
1. Regarding legislative work
a) To take the lead and coordinate with relevant units to assist the Head of the Agency in drafting proposals for legislative documents of the People's Council and the People's Committee at the provincial level related to the industry and sector under state management in the locality;
c) To take the lead or coordinate with relevant units to prepare files for draft legislative documents related to the industry and sector under state management in the locality for submission to the Head of the Agency 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 the provincial level;
d) To take the lead or participate in drafting legislative documents according to the assignment of the Head of the Agency;
đ) To participate in providing opinions on draft legislative documents drafted by other units before submitting them to the Head of the Agency for consideration and decision to request the Department of Justice to review;
e) To take the lead or coordinate with relevant units to assist the Head of the Agency in providing comments on draft legislative documents sent for comments by other agencies;
2. Regarding the work of reviewing and systematizing legislative documents
a) To take the lead and coordinate with relevant units to regularly review and periodically systematize legislative documents related to the industry and sector under state management in the locality;
3. Regarding inspection and handling of regulatory legal documents
a) To take the lead to assist the Head of the Agency in coordinating with the Department of Justice to inspect and handle legislative documents in accordance with the law;
b) To build reports on the results of inspecting and handling legislative documents to submit to the Head of the Agency for sending to the Department of Justice for consolidation and reporting to the People's Committee at the provincial level;
a) To take the lead and coordinate with relevant units to develop long-term and annual plans for popularizing and educating the law within the scope of the industry and sector under state management in the locality for submission to the Head of the Agency and organize implementation of the plan after approval;
b) To take the lead and coordinate with relevant units to organize the popularization and education of the law within the scope of the industry and sector under state management in the locality; guide and inspect the work of popularizing and educating the law of units under the agency;
c) To take the lead and coordinate with units to organize the construction, management, and exploitation of legal bookcases at the agency;
d) To take the lead and coordinate with units to advise and assist the Head of the Agency in periodically conducting inspections and summaries of the situation regarding the popularization and education of the law; report to the Department of Justice on the results of the popularization and education of the law for the Department of Justice to consolidate and report to the People's Committee at the provincial level, the Ministry of Justice;
a) To take the lead and coordinate with relevant units to assist the Head of the Agency in implementing the work of inspecting and monitoring the enforcement of laws within the scope of the industry and sector under state management in the locality in accordance with the law;
b) To take the lead and coordinate with relevant units to assist the Head of the Agency in urging and inspecting the implementation of laws;
c) To take the lead in building reports on the results of monitoring the enforcement of laws and inspecting the implementation of laws within the scope of the industry and sector under state management in the locality for submission to the specialized agency's Head to send to the Department of Justice;
To take the lead and coordinate with relevant units to assist the Head of the Agency in implementing state compensation work in accordance with the law;
To take the lead in assisting the Head of the Agency in coordinating with the Department of Justice in implementing legal support activities for businesses in accordance with the law;
a) To participate in providing legal opinions on the handling of issues within the scope of the industry and sector under state management in the locality; to provide legal opinions on important decisions, directives, and operational guidelines of the Head of the Agency;
c) To take the lead and coordinate with relevant units to participate in handling, proposing, and recommending measures to prevent and mitigate the consequences of violations of laws, internal regulations, and rules according to the assignment of the Head of the Agency;
To coordinate with relevant units to propose rewards to the Head of the Agency for outstanding achievements in legal affairs or to request the competent authority to reward individuals or groups with outstanding achievements in legal affairs;
10. To perform other tasks assigned by the Head of the Agency or as stipulated by law.
1. To take the lead and coordinate with relevant departments to advise the Board of Members, Board of Directors, Chairman of the company, General Director, and Director of the enterprise on the establishment, amendment, and supplementation of the enterprise's charter; to draft and promulgate internal regulations and rules of the enterprise; to propose to competent state agencies the issuance or amendment of normative legal documents related to the enterprise's production and business activities.
2. To take the lead or participate in drafting various contract templates; to provide legal opinions and review draft contracts 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; to participate in negotiations and signing of contracts.
3. To take the lead and coordinate with relevant departments to assist the Board of Members, Board of Directors, Chairman of the company, General Director, and Director of the enterprise in providing comments on draft normative legal documents sent for their opinion by other agencies and organizations; to summarize and evaluate laws related to the enterprise's production and business fields.
4. To take the lead or coordinate with trade unions and other organizations within the enterprise to disseminate and educate employees about laws, the enterprise's charter, internal regulations, and rules.
5. To take the lead and coordinate with relevant departments to assist the Board of Members, Board of Directors, Chairman of the company, General Director, and Director of the enterprise in monitoring, urging, and inspecting the implementation of laws, the enterprise's charter, internal regulations, and rules; to summarize and assess the current level of understanding and compliance with laws among employees within the enterprise.
6. To advise or recommend hiring legal consultants for issues related to the enterprise's production and business activities, to assess investment and business environmental risks for the enterprise's overseas projects; to provide legal opinions on decisions regarding organizational and management matters of the enterprise.
7. To take the lead or coordinate with relevant departments to assist the Board of Members, Board of Directors, Chairman of the company, General Director, and Director of the enterprise in resolving disputes to protect the legitimate rights and interests of the enterprise and its employees; to participate in litigation or recommend hiring lawyers to represent the enterprise in litigation as authorized representatives of the Chairman of the company, General Director, and Director of the enterprise to protect the enterprise's legitimate rights and interests.
8. To perform other tasks assigned by the Board of Members, Board of Directors, Chairman of the company, General Director, and Director of the enterprise.
Chapter III
LEGAL AFFAIRS ORGANIZATIONS AND PERSONNEL ENGAGED IN LEGAL AFFAIRS WORK
Article 8. Legal Affairs Organizations in Ministries, Agencies Equivalent to Ministries, and Government Agencies
The Legal Affairs Departments in ministries and agencies equivalent to ministries shall be subject to management, guidance, and inspection in terms of professional and vocational work in legal affairs by the Ministry of Justice.
Legal affairs organizations in government agencies shall be subject to management, guidance, and inspection in terms of professional and vocational work in legal affairs by the Ministry of Justice.
3. Based on the needs of legal affairs work, the Minister or Head of an agency equivalent to a ministry shall submit to the Prime Minister for decision on establishing legal affairs organizations in General Departments and equivalents under ministries and agencies equivalent to ministries.
Based on the needs of legal affairs work, the Minister or Head of an agency equivalent to a ministry shall decide on establishing legal affairs organizations or deciding on the allocation of dedicated civil servants specializing in legal affairs in Departments under ministries and agencies equivalent to ministries.
Legal affairs organizations in General Departments and equivalents, and Departments under ministries and agencies equivalent to ministries shall be subject to guidance and inspection in terms of professional and vocational work in legal affairs by the Legal Affairs Department under the respective ministry or agency equivalent to a ministry.
4. The Minister of National Defense and the Minister of Public Security shall decide on the establishment and organizational structure of legal affairs organizations or the allocation of dedicated legal officers; to stipulate the working relationship in legal affairs within the system of the People's Army and People's Police forces.
1. The Legal Affairs Office shall be established in the following specialized agencies under the provincial People's Committee:
a) Department of Personnel Administration;
b) Department of Planning and Investment;
c) Department of Finance;
d) Department of Industry and Trade;
đ) Department of Agriculture and Rural Development;
e) Department of Transportation;
g) Department of Construction;
h) Department of Natural Resources and Environment;
i) Department of Information and Communications;
k) Department of Labor, Invalids and Social Affairs;
l) Department of Culture, Sports and Tourism;
m) Department of Science and Technology;
n) Department of Education and Training;
0) Department of Health.
2. Based on the needs for legal affairs work, the Chairman of the provincial People's Committee decides to establish the Legal Affairs Office or to arrange dedicated civil servants for legal affairs in specialized agencies established according to the specific characteristics of each locality and in specialized agencies outside those specified in Clause 1 of this Article.
3. The Legal Affairs Office and dedicated civil servants for legal affairs in specialized agencies are subject to management and inspection of legal affairs work by the Department of Justice and are guided professionally and technically in legal affairs work by the Legal Affairs Department under the Ministry or equivalent ministry.
1. Based on the needs for 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 state-owned enterprises decides to establish a legal affairs organization or to arrange dedicated staff for legal affairs.
2. The legal affairs organization in state-owned enterprises is guided professionally and technically in legal affairs work by the Legal Affairs Department under the Ministry or equivalent ministry and is managed in legal affairs work by the Ministry of Justice.
Legal affairs organizations of state-owned enterprises at local level are managed and guided professionally and technically in legal affairs work by the Department of Justice.
Article 11. Persons Engaged in Legal Affairs Work
Persons engaged in legal affairs work include:
1. Civil servants for legal affairs recruited and appointed to legal affairs organizations in Ministries, equivalent ministries, government agencies, and specialized agencies under provincial People's Committees.
2. Legal officers transferred and recruited to legal affairs organizations in military and public security units.
3. Legal personnel recruited and appointed to legal affairs organizations in public service units.
4. Legal staff recruited under labor contracts to legal affairs organizations in state-owned enterprises.
Legal personnel as stipulated in Clause 3 of Article 11 of this Decree are personnel with a professional title, holding a bachelor's degree in law or higher.
2. Civil servants, officers, and legal personnel as stipulated in Clauses 1, 2, and 3 of Article 11 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 draft and submit to the Prime Minister for approval the regulations on job-related allowances for persons engaged in legal affairs work.
a) Civil servants for legal affairs as stipulated in Clause 1 of Article 11 of this Decree must be civil servants from the rank of specialist and equivalent, holding a bachelor's degree in law or higher.
b) The head of a legal affairs organization must hold a bachelor's degree in law or higher and have at least five years of direct experience in legal work.
c) The Minister of National Defense and the Minister of Public Security, based on the standards for civil servants and legal personnel as stipulated in points a and b of this clause, shall provide detailed guidance on the standards for legal officers in the military and public security forces.
Chapter IV
STATE MANAGEMENT AND IMPLEMENTATION ORGANIZATION
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 functions, 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 organizing the implementation of plans to implement legal affairs work;
d) Popularizing and educating laws related to legal affairs work;
e) Taking the lead or coordinating with ministries and sectors to inspect legal affairs work within their respective industries and fields of management;
h) Coordinating to implement legal affairs work at state agencies, central agencies of political-social organizations, political-social-professional organizations, and social-professional organizations in the performance of legal affairs work.
Article 14. Responsibilities of Ministries, ministerial-level agencies, and government agencies
1. Within their respective industries and fields of management, ministries, ministerial-level agencies, and government-affiliated 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 on 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 upon urgent request for the Ministry of Justice to compile and report to the Government and the Prime Minister;
2. The Minister, head of a ministerial-level agency, and head of a government-affiliated agency shall directly direct legal affairs work within their respective industries and fields of management.
Article 15. Responsibilities of Provincial People's Committees
1. Within the scope of local administrative management, provincial People's Committees 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 on 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 upon urgent request for the Ministry of Justice to compile and report to the Government and the Prime Minister;
2. The Chairman of the Provincial People's Committee shall directly direct legal affairs work within the scope of local administrative management.
The Department of Justice shall be responsible for taking the lead or coordinating with relevant agencies to assist the Provincial People's Committee in managing legal affairs work locally.
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. Providing sufficient legal affairs staff, ensuring funding, and creating necessary conditions for the operation of legal affairs organizations in state-owned enterprises.
1. Within twelve months from the date this Decree takes effect, ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and state-owned enterprises must complete the establishment of legal affairs organizations under their management.
2. For those currently engaged in legal affairs work without a bachelor's degree in law, they must participate in legal education programs and training on skills, expertise, and professional knowledge related to legal affairs work organized by the Ministry of Justice.
Five years from the date this Decree takes effect, individuals engaged in legal affairs work must have a bachelor's degree in law.
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 organization of legal affairs in ministries, ministerial-level agencies, government-affiliated agencies, specialized agencies under provincial People's Committees, and state-owned enterprises.
2. The Minister of Justice shall take the lead and coordinate with ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairmen of provincial People's Committees to guide and inspect the implementation of this Decree.
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PRIME MINISTER PRIME MINISTER Nguyen Tan Dung |
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Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.