This Decree amends and supplements some articles of Decree No. 55/2011/NĐ-CP on the functions, tasks, powers, and organizational structure of legal affairs organizations. Specifically, it provides more detailed regulations on the functions and tasks of legal affairs organizations in administrative state agencies, state-owned enterprises, and public service units; supplements the responsibilities of the heads of public service units in building and consolidating legal affairs organizations; sets standards for those engaged in legal affairs work; and guides the implementation of other related contents.
适用范围
Applies to administrative state agencies, state-owned enterprises, and public service units in organizing and implementing legal affairs work according to new regulations.
要点
- Amends and supplements the functions and tasks of legal affairs organizations in administrative state agencies.
- Supplements the responsibilities of the heads of public service units in building and consolidating legal affairs organizations.
- Sets standards for those engaged in legal affairs work.
- Guides the implementation of other related contents concerning legal affairs work.
- Takes effect from July 2, 2024.
🌐 本文件的社会影响
- Enhances the quality and effectiveness of legal affairs work in agencies and organizations.
- Ensures professionalism for the team of those engaged in legal affairs work.
- Strengthens the leadership role of the heads of public service units in building and consolidating legal affairs organizations.
❓ 常见问题
When does this Decree take effect?
This Decree takes effect from July 2, 2024.
What should specialized units under the People's Committee at the provincial level do after this Decree takes effect?
Within twelve months from the date this Decree takes effect, specialized agencies under the People's Committee at the provincial level must rearrange to assign legal affairs tasks to the Office or specialized departments.
How will civil servants performing legal affairs work be transferred to a different rank?
Within twelve months from the date this Decree takes effect, management and user agencies of civil servants must review and consider transferring civil servants engaged in legal affairs work to corresponding legal officer ranks.
全文
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 56/2024/NĐ-CP |
Hanoi, May 18, 2024 |
DECREE
Amending and supplementing certain Articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizationsdated July 4, 2011concerning the functions, tasks, and powers and organizational structure of legal affairs organizations
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Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Issuance of Legal Normative Documents dated June 22, 2015; the Law Amending and Supplementing Certain Articles of the Law on Issuance of Legal Normative Documents dated June 18, 2020;
Pursuant to the Law on Popularizing and Promoting Legal Awareness dated June 20, 2012;
Pursuant to the Law on Handling Administrative Violations on June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations on November 13, 2020;
Pursuant to the Law on Supporting Small and Medium Enterprises dated June 12, 2017;
At the proposal of the Minister of Justice;
The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizations.
Article 1. Amending and supplementing certain Articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of legal affairs organizations
1. Amend and supplement Article 1 as follows:
"Article 1. Scope and objects regulated
1. This Decree stipulates the position, functions, tasks, powers, and organizational structure of legal affairs organizations at ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees, centrally-administered municipalities (hereinafter referred to as provincial level), state-owned enterprises, public service organizations; state management over legal affairs work.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
a) Ministries, ministerial-level agencies, government agencies;
b) Specialized agencies under provincial People's Committees;
c) State-owned enterprises;
d) Public service organizations;
đ) Agencies, organizations, and individuals related to legal affairs work."
2. Supplement Clause 3 of Article 2 as follows:
"3. Legal affairs organizations at public service organizations are specialized units with the function of advising and assisting the Management Council, Head of the public service organization on legal issues related to the organization, management, and operation of the public service organization."
3. Amending and supplementing certain Points and Clauses of Article 3 as follows:
a) Amend and supplement point a, Clause 1 as follows:
"a) Taking the lead or coordinating with relevant units in drafting proposals for legislative projects and ordinances to be submitted to the Minister, Deputy Minister for submission to the Ministry of Justice to draft the Government's proposal on the legislative program of the National Assembly; drafting proposals for Government decrees; proposing the list of detailed regulations to be issued based on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President; notifying relevant ministries, ministerial-level agencies, provincial People's Councils, provincial People's Committees about the contents of Government decrees and Prime Minister's decisions assigned to the Minister, Deputy Minister, provincial People's Councils, provincial People's Committees to issue detailed regulations; organizing guidance, monitoring, urging, inspection, reporting on the progress of legislative projects and ordinance programs and the issuance of detailed regulations after approval;"
b) Amend and supplement Clause 2 as follows:
"2. Regarding the work of reviewing, systematizing legal normative documents, codifying systems of legal norms, and consolidating legal normative documents
a) Urging, guiding, and compiling results of general reviews and systematizations of legal normative documents of ministries, ministerial-level agencies;
b) Coordinating with relevant units in reviewing and systematizing legal normative documents related to the sectoral and field management of ministries, ministerial-level agencies;
c) Preparing annual reports on the work of reviewing and systematizing legal normative documents to be submitted to the Minister, Deputy Minister for submission to the Ministry of Justice for consolidation and reporting to the Prime Minister;
d) Taking the lead or coordinating with relevant units in implementing codification of systems of legal norms and consolidation of legal normative documents related to the sectoral and field management of ministries, ministerial-level agencies in accordance with the law."
c) Amending and supplementing Clause 3 as follows:
"3. Regarding the work of inspecting and handling legal normative documents
a) Taking the lead or coordinating with relevant units in advising and assisting the Minister, Deputy Minister in inspecting and handling legal normative documents within their responsibility and authority;
b) Preparing annual reports on the results of the work of inspecting and handling legal normative documents to be submitted to the Minister, Deputy Minister for submission to the Ministry of Justice for consolidation and reporting to the Prime Minister;
c) Assisting the Minister, Deputy Minister in urging and directing the work of inspecting and handling legal normative documents at ministries, ministerial-level agencies."
d) Amending and supplementing Clause 4 as follows:
"4. Regarding the work of popularizing and promoting legal awareness
a) Taking the lead or coordinating with relevant units in advising and assisting the Minister, Deputy Minister in coordinating with the Ministry of Justice to manage the work of popularizing and promoting legal awareness;
b) Taking the lead or coordinating with relevant units in performing tasks related to the work of popularizing and promoting legal awareness within the scope of sectoral and field management in accordance with the law."
d) Amend and supplement Clause 5 as follows:
"5. Regarding the work of monitoring the implementation of laws
Taking the lead or coordinating with relevant units in advising and assisting the Minister, Deputy Minister in performing the work of monitoring the implementation of laws within the scope of sectoral and field management in accordance with the law.”.
e) Supplementing Clause 5a after Clause 5 as follows:
"5a. Regarding the management of the implementation of laws on administrative violations
Taking the lead or coordinating with relevant units in advising and assisting the Minister, Deputy Minister in managing the implementation of laws on administrative violations within the scope of sectoral and field management in accordance with the law."
g) Amending and supplementing Clause 6 as follows:
"6. Regarding the work of state compensation
a) Taking the lead or coordinating with relevant units in advising and assisting the Minister, Deputy Minister in coordinating with the Ministry of Justice to manage the work of state compensation;
b) Taking the lead or coordinating with relevant units in advising and assisting the Minister, Deputy Minister in performing tasks related to the work of state compensation within the scope of sectoral and field management in accordance with the law."
4. Amending and supplementing Article 4 as follows:
"Article 4. Tasks and powers of legal affairs organizations at government agencies
1. Regarding legislative work and the establishment of internal regulations and rules of the agency
Chair and coordinate with relevant units to advise and assist the head of the government agency:
a) Draft, amend, supplement or provide comments on draft internal regulations and rules of the government agency and other documents according to the division of labor by the head of the government agency;
b) Participate in providing opinions on proposals, projects, and draft normative legal documents sent for comments according to the division of labor by the head of the government agency;
c) Propose to competent state agencies to issue or amend and supplement normative legal documents related to the government agency.
2. Provide legal opinions on documents and contracts prepared by other units according to the division of labor by the head of the government agency.
3. Regarding the inspection of normative legal documents
Coordinate with the legal department of the ministry or equivalent agency managing the sector or field of activity of the government agency to inspect normative legal documents within the scope of activity of the government agency.
4. Regarding the dissemination and education of laws
a) Chair and coordinate with relevant units to advise and assist the head of the government agency to cooperate with the Ministry of Justice to manage the dissemination and education of laws;
b) Chair and coordinate with relevant units to advise and assist the head of the government agency to perform tasks related to the dissemination and education of laws within the scope of management according to the law.
5. Regarding state compensation work
a) Chair and coordinate with relevant units to advise and assist the head of the government agency to cooperate with the Ministry of Justice to manage state compensation work;
b) Chair and coordinate with relevant units to advise and assist the head of the government agency to perform tasks related to state compensation work within the scope of management according to the law.
6. Regarding the monitoring of the implementation of laws
Chair and coordinate with relevant units to advise and assist the head of the government agency to implement the monitoring of the implementation of laws in the assigned fields according to the law.
7. Regarding the management of law enforcement work on administrative violations
The Legal Department of the Vietnam Social Security shall chair and coordinate with relevant units to manage law enforcement work on administrative violations within the scope of management according to the law.
8. Guide and inspect professional matters in legal affairs work for legal departments and persons engaged in legal affairs at subordinate units.
9. Perform other tasks assigned by the head of the government agency or as stipulated by law.”
5. Amend and supplement some points and clauses of Article 5 as follows:
a) Amending and supplementing Point b Clause 1 as follows:
“b) Advise and assist the General Director, Bureau Chief to coordinate with the legal department of the ministry or equivalent agency to draft the proposed program and plan for legislative work of the ministry or equivalent agency; propose the list of detailed regulations for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President;”
b) Amend and supplement Clause 2 as follows:
"2. Regarding the work of reviewing, systematizing legal normative documents, codifying systems of legal norms, and consolidating legal normative documents
a) Chair and coordinate with relevant units to regularly review and periodically systematize normative legal documents related to the sector or field under the scope of state management; annually prepare reports on the review and systematization of normative legal documents to submit to the General Director, Bureau Chief, and send to the legal department of the ministry or equivalent agency for consolidation and submission to the Minister, Head of the equivalent agency;
b) Chair or coordinate with relevant units to codify the system of legal norms and consolidate normative legal documents related to the sector or field under the scope of state management according to the law.”
c) Amend and supplement Clause 4 as follows:
"4. Regarding the work of popularizing and promoting legal awareness
a) Chair or coordinate with relevant units to advise and assist the General Director, Bureau Chief to coordinate with the legal department of the ministry or equivalent agency to manage the dissemination and education of laws within the scope of state management according to the law;
b) Chair and coordinate with relevant units to advise and assist the General Director, Bureau Chief to perform tasks related to the dissemination and education of laws within the scope of functions and duties according to the law.”
d) Amend and supplement Clause 5 as follows:
“5. Regarding the monitoring of the implementation of laws
Chair and coordinate with relevant units to advise and assist the General Director, Bureau Chief to implement the monitoring of the implementation of laws within the scope of state management according to the law.”
d) Supplement Clause 5a after Clause 5 as follows:
"5a. Regarding the management of the implementation of laws on administrative violations
Chair or coordinate with relevant units to advise and assist the General Director, Bureau Chief to manage law enforcement work on administrative violations within the scope of state management according to the law.”
e) Amend and supplement Clause 6 as follows:
"6. Regarding the work of state compensation
a) Chair or coordinate with relevant units to advise and assist the General Director, Bureau Chief to coordinate with the legal department of the ministry or equivalent agency to manage state compensation work within the scope of state management according to the law;
b) Chair or coordinate with relevant units to advise and assist the General Director, Bureau Chief to perform tasks related to state compensation work within the scope of state management according to the law.”
6. Supplement Article 5a after Article 5 as follows:
“Article 5a. Tasks and powers of the legal department in public service organizations
Chair and coordinate with relevant units to advise and assist the Management Board, Head of the organization to perform the following tasks:
1. Draft, amend, supplement or provide comments on internal regulations and rules of the public service organization, documents, and contracts according to the division of labor by the Management Board, Head of the organization; propose to competent state agencies to issue or amend and supplement normative legal documents related to the organization and activities of the public service organization.
2. Advise and provide legal consultation on organizational and operational issues of public service units as assigned by the Management Board and the Head of the unit.
3. Disseminate, educate laws, internal regulations, and rules of public service units to staff and workers.
4. Monitor, urge, and inspect the implementation of laws, internal regulations, and rules of the unit.
5. Perform other tasks assigned by the Management Board and the Head of the unit or as prescribed by law.”
7. Amend and supplement some points and clauses of Article 6 as follows:
a) Amending and supplementing Point b Clause 1 as follows:
“b) Take the lead and coordinate with relevant units to assist the Head of the agency in coordinating with the Department of Justice to propose a list of resolutions of the Provincial People's Council and decisions of the Provincial People's Committee detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President;”
b) Amending and supplementing Point b Clause 2 as follows:
“b) Annually build reports to submit to the Head of the agency for submission to the Department of Justice to compile and submit to the Provincial People's Committee on the results of reviewing regulatory legal documents.”
c) Amend and supplement Clause 4 as follows:
"4. Regarding the work of popularizing and promoting legal awareness
a) Take the lead or coordinate with relevant units to advise and assist the Head of the agency in coordinating with the Department of Justice to manage state administration regarding legal education and dissemination work;
b) Take the lead or coordinate with relevant units to advise and assist the Head of the agency in performing tasks related to legal education and dissemination work within the scope of the industry and field of state management at the local level as prescribed by law.”
d) Amend and supplement Clause 5 as follows:
"5. Regarding the work of monitoring the implementation of laws
Take the lead or coordinate with relevant units to advise and assist the Head of the agency in monitoring the implementation of laws within the scope of the industry and field of state management as assigned by law.”
đ) Sửa đổi, bổ sung khoản 6 như sau:
"6. Regarding the work of state compensation
a) Take the lead or coordinate with relevant units to advise and assist the Head of the agency in coordinating with the Department of Justice to manage state administration regarding state compensation work;
b) Take the lead or coordinate with relevant units to advise and assist the Head of the agency in performing tasks related to state compensation work within the scope of the industry and field of state management at the local level as prescribed by law.”
e) Amend and supplement Clause 7 as follows:
“7. Regarding legal support for small and medium-sized enterprises
Take the lead and coordinate with the Department of Justice in implementing activities to provide legal support for small and medium-sized enterprises as prescribed by law.”
||| 8. AMEND and SUPPLEMENT Article 7 as follows:
“Article 7. Tasks and Authorities of Legal Departments in State-Owned Enterprises
1. Take the lead and coordinate with relevant departments to provide legal advice and assistance to the Board of Members, Board of Directors, Chairman of the Company, General Director, and Manager of the enterprise in performing tasks related to the internal affairs of the enterprise:
a) Draft, amend, supplement, or comment on the charter, internal regulations, and rules of the enterprise;
b) Draft various types of contract templates; provide legal opinions on draft contracts and agreements 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 Manager of the enterprise; participate in negotiations and signing of contracts and agreements of the enterprise;
c) Disseminate, monitor, urge, and inspect the implementation of the charter, internal regulations, and rules of the enterprise;
d) Provide legal advice and hire legal consultants for issues related to the business operations of the enterprise, assess investment and business risks for projects of the enterprise abroad; provide legal opinions on decisions regarding organizational management, restructuring, dissolution, and activities of the enterprise;
đ) Participate in resolving civil, business, commercial, and labor disputes to protect the legitimate rights and interests of the enterprise; participate in litigation as the authorized representative of the Chairman of the Company, General Director, and Manager of the enterprise or advise on hiring lawyers to participate in litigation to protect the legitimate rights and interests of the enterprise.
2. Take the lead and coordinate with relevant departments to provide legal advice and assistance to the Board of Members, Board of Directors, Chairman of the Company, General Director, and Manager of the enterprise in organizing the implementation of laws related to the enterprise:
a) Propose to competent state agencies to issue or amend regulatory legal documents related to organizational management, restructuring, dissolution, and activities of the enterprise;
b) Comment on draft regulatory legal documents sent for comments by agencies and organizations; summarize and evaluate laws related to organizational management, restructuring, dissolution, and activities of the enterprise;
c) Disseminate and educate laws;
d) Monitor, urge, and inspect the implementation of laws; summarize and evaluate compliance with laws and legal awareness among employees in the enterprise.
3. Perform other tasks assigned by the Board of Members, Board of Directors, Chairman of the Company, General Director, and Manager of the enterprise or as prescribed by law.”
9. Amend and supplement Clause 1 and Clause 2 of Article 8 as follows:
“1. Ministries and ministerial-level agencies with a Department or Bureau shall perform the function of advising and assisting the Minister and the Head of the ministerial-level agency in legal work.
Legal departments in ministries and ministerial-level agencies shall be guided and inspected in their legal work by the Ministry of Justice.
2. Agencies under the Government with a Department or Office or Division shall perform legal work.
Legal departments in agencies under the Government shall be guided and inspected in their legal work by the Ministry of Justice.”
10. Amend and supplement Article 9 as follows:
“Article 9. Legal Departments in Specialized Agencies under Provincial People's Committees
1. Legal departments in specialized agencies under Provincial People's Committees shall be established in agencies with a broad scope of management, requiring complex professional management, and decided by the Provincial People's Committee based on the needs of state management at the local level and the allocated staffing.”
The establishment of the legal affairs organization under this clause shall be carried out in accordance with the provisions of Government Decree No. 107/2020/NĐ-CP dated September 14, 2020, amending and supplementing certain articles of Government Decree No. 24/2014/NĐ-CP dated April 4, 2014, on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government.
2. In cases where the conditions and criteria for establishing a legal affairs organization are not met, such organization shall be arranged within the Office (if the specialized agency has an Office) or within a specialized department (if the specialized agency does not have an Office). The specific name of this organization shall be decided by the Provincial People's Committee.
3. Legal affairs organizations in specialized agencies shall be subject to supervision over legal affairs work by the Department of Justice and shall be guided professionally and operationally in legal affairs work by the legal affairs organization under the ministry or equivalent agency managing the sector or field.
11. Supplement Article 10a after Article 10 as follows:
"Article 10a. Legal Affairs Organizations in Public Service Units
1. Based on the requirements of legal affairs work, the competent authority shall decide on the establishment of a dedicated legal affairs organization or department or the assignment of staff to perform legal affairs work in public service units. The establishment of a dedicated legal affairs organization or department shall be carried out in accordance with the provisions of Government Decree No. 120/2020/NĐ-CP dated October 7, 2020, on the establishment, restructuring, dissolution of public service units, and related laws.
2. Legal affairs organizations, dedicated legal affairs departments, and staff performing legal affairs work in public service units shall be guided professionally and operationally in legal affairs work by the legal affairs organization of the supervising agency and shall be managed in terms of legal affairs work by the Ministry of Justice."
12. Amend and supplement the title and some clauses of Article 12 as follows:
a) Amend and supplement the title of Article 12 as follows:
"Article 12. Legal Officers and Heads of Legal Affairs Organizations"
b) Amend and supplement Clause 1 of Article 12 as follows:
"1. Legal officers and standards for heads of legal affairs organizations
a) A legal officer is a legal affairs civil servant appointed to the legal officer rank to carry out the duties and powers of the legal affairs organization as prescribed by law;
b) The legal officer rank includes legal officers, senior legal officers, and senior-level legal officers;
c) Standards for appointment to the legal officer rank: Vietnamese citizen, loyal to the country, having good moral character, sense of responsibility, integrity, honesty, fairness, objectivity; holding a bachelor's degree in law or higher; possessing a legal affairs training certificate and other certificates as prescribed by law on cadres and civil servants; having at least two years of cumulative experience in performing one of the tasks or powers specified in Chapter II of this Decree, excluding the probation period;
d) Standards for appointment to the senior legal officer rank: Vietnamese citizen, loyal to the country, having good moral character, sense of responsibility, integrity, honesty, fairness, objectivity; holding a bachelor's degree in law or higher; possessing a legal affairs training certificate and other certificates as prescribed by law on cadres and civil servants; having at least nine years of cumulative experience in the legal officer rank or equivalent; passing the examination for promotion to the senior legal officer rank or being considered for promotion from legal officer to senior legal officer or being transferred to the senior legal officer rank according to the law on cadres and civil servants;
e) Standards for appointment to the senior-level legal officer rank: Vietnamese citizen, loyal to the country, having good moral character, sense of responsibility, integrity, honesty, fairness, objectivity; holding a bachelor's degree in law or higher; possessing a legal affairs training certificate and other certificates as prescribed by law on cadres and civil servants; having at least six years of cumulative experience in the senior legal officer rank or equivalent; passing the examination for promotion to the senior-level legal officer rank or being considered for promotion from senior legal officer to senior-level legal officer or being transferred to the senior-level legal officer rank according to the law on cadres and civil servants;
f) Standards for heads of legal affairs organizations:
The head of a Department, Bureau, or Board performing legal affairs work in ministries, agencies equivalent to ministries, governmental agencies, General Departments, and equivalents must meet the general standards prescribed by law on the qualifications for leadership positions in administrative state agencies; the standards for legal officers as stipulated in point c of this clause; must have been appointed to the legal officer rank or higher; if appointed as a legal officer, after the appointment, must have at least three years of cumulative experience in performing one of the tasks or powers specified in Chapter II of this Decree.
The head of a Division or equivalent performing legal affairs work in units under governmental agencies, General Departments, and equivalents, Bureaus, and specialized agencies under provincial People's Committees must meet the general standards prescribed by law on the qualifications for leadership positions in administrative state agencies; the standards for legal officers as stipulated in point c of this clause; must have been appointed to the legal officer rank or higher; if appointed as a legal officer, after the appointment, must have at least one year of cumulative experience in performing one of the tasks or powers specified in Chapter II of this Decree.
In the case of rotation or transfer of the head of another organization or unit to hold the position of the head of the legal system organization in ministries, ministerial-level agencies, government agencies, General Departments, and equivalent bodies, Provincial Departments, and specialized agencies under provincial people's committees, the person being rotated or transferred must meet the general standards prescribed by the laws on the qualifications for leadership positions in administrative state agencies; have a bachelor's degree in law or higher and at least three (three) years of cumulative experience performing one of the duties or powers of legal work. If they do not have a bachelor's degree in law or higher, within twelve (twelve) months from the date of rotation or transfer, the head of the legal system organization must obtain a certificate in legal work training.
g) The Minister of National Defense and the Minister of Public Security shall base on the provisions of points c, d, đ, e of this clause and relevant laws to decide the legal position, qualification criteria for the legal position, and the head of the legal system organization in the People's Army and the People's Public Security.
c) Amending and supplementing Clause 3 as follows:
"3. State-owned enterprises and public service units shall apply the standards and systems prescribed in Clause 1 and Clause 2 of this Article to select, arrange, utilize, and decide on the systems for those engaged in legal work."
13. Supplement Article 16a after Article 16 as follows:
"Article 16a. Responsibilities of the head of a public service unit
1. Establish and strengthen the legal system organization in public service units.
2. Directly lead legal work in public service units; direct and inspect the implementation of legal work in public service units.
3. Organize a legal department or arrange staff to perform legal work, ensure funding, and create necessary conditions for legal activities in public service units.
4. Report on legal work annually or as required to the supervising agency for consolidation, and send to the Ministry of Justice."
Article 2. Amend, replace, and abolish certain phrases, clauses, and articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011, of the Government stipulating the functions, tasks, powers, and organizational structure of the legal system organization
1. Amend, replace, and remove certain words and phrases in the following articles, clauses, and points:
a) Remove the phrase "long-term" and "annually" in point b of Clause 1 of Article 3;
b) Remove the phrase "and participate in litigation" in the name of Clause 8 of Article 3, Clause 8 of Article 5, and Clause 8 of Article 6;
c) Remove the phrase "quarterly" in point đ of Clause 2 of Article 13;
d) Replace the phrase "Minister, Head of a ministerial-level agency, Head of a government agency is the representative of the State's ownership capital in enterprises" with the phrase "heads of agencies and organizations establishing and managing state-owned enterprises, representatives of the State's investment capital in state-owned enterprises" in Clause 4 of Article 16;
đ) Add the phrase "Management Board, Head of a public service unit" after the phrase "General Director of a state-owned enterprise" in Clause 3 of Article 18.
2. Abolish point b of Clause 8 of Article 3; Clause 10 of Article 3; point b of Clause 8 of Article 5; Clause 9 of Article 5; point b of Clause 8 of Article 6; Clause 9 of Article 6; point g of Clause 2 of Article 13 and Article 17.
This Circular takes effect from December 25, 2025/.
1. The Minister of Justice shall take the lead and coordinate with the Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial people's committees to guide and inspect the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial people's committees, Members of the Management Board, Management Boards, Chairmen of companies, General Directors, Directors of state-owned enterprises, Management Boards, Heads of public service units shall be responsible for implementing this Decree.
Article 4. Effective Date to be implemented
1. This Decree takes effect from July 2, 2024.
2. Based on the position and job requirements for specialized legal work in agencies and administrative organizations, those engaged in legal work in ministries, ministerial-level agencies, and government agencies shall enjoy a support allowance of 60,000 VND per working day, while those in specialized agencies under provincial people's committees shall enjoy a support allowance of 40,000 VND per working day. This support system shall continue until the implementation of the salary policy according to Resolution No. 27-NQ/TW dated May 21, 2018, of the Seventh Plenary Session of the Central Committee of the Communist Party of Vietnam's XIIth term on salary reform for cadres, civil servants, public officials, armed forces, and workers in enterprises.
State-owned enterprises and public service units shall apply the above support system to decide on the systems for those engaged in legal work.
3. Legal Departments in specialized agencies under provincial people's committees established before the effective date of this Decree shall continue to be maintained and improved. In cases where specialized agencies have offices and legal work tasks are currently assigned to inspection departments or specialized functional departments, within twelve (twelve) months from the effective date of this Decree, they must reorganize and assign these tasks to the office.
In cases where specialized agencies do not have offices and legal work tasks are currently assigned to other organizations that are not specialized functional departments, within twelve (twelve) months from the effective date of this Decree, they must reorganize and assign these tasks to specialized functional departments.
4. Within twelve (12) months from the date this Decree takes effect, the Minister, Head of equivalent ministry-level agency, Chairman of the People's Committee at provincial level managing and using civil servants performing legal affairs work shall be responsible for reviewing and considering grade transfer for civil servants performing legal affairs work to corresponding Legal Officer grades in accordance with the provisions of the Law on Recruitment, Utilization and Management of Civil Servants. When transferring grades, civil servants performing legal affairs work who have been appointed to the rank of Assistant Officer or equivalent, hold a bachelor's degree in law or higher, and have at least two (2) years of cumulative experience in legal affairs work excluding the probation period shall be considered for transfer to the Legal Officer grade; civil servants performing legal affairs work who have been appointed to the rank of Senior Assistant Officer, Principal Assistant Officer or equivalent and hold a bachelor's degree in law or higher shall be considered for transfer to the Principal Legal Officer grade, Senior Legal Officer grade.
5. In cases where the procedures for appointing the head of the legal organization are currently being carried out, they shall continue to be implemented in accordance with the provisions of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal organizations.
DEPUTY PRIME MINISTER
DEPUTY PRIME MINISTER
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