Decision No. 58/2002/QD-BTNMT on the functions, tasks, and powers of the Legal Department

DECISION OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Regulations on the functions, tasks, and powers of the Legal Department

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

BASED ON THE GOVERNMENT DECREE NO. 94/CP OF SEPTEMBER 6, 1997 ON THE ORGANIZATION OF LEGAL AFFAIRS IN MINISTRIES, MINISTERIAL LEVEL AGENCIES, AND GOVERNMENT AGENCIES;

At the proposal of the Legal Department Director and the Organization and Cadres Affairs Department Director,

DECISION:

Article 1. Position and Functions

The Legal Affairs Department is an organization of the Ministry of Natural Resources and Environment with the function of assisting the Minister in implementing state management through law; organizing the work of legislative development; reviewing, examining, and systematizing regulatory legal documents; disseminating and educating the law; inspecting the implementation of regulatory legal documents within the scope of the Ministry's state management.

Article 2. Tasks and Powers

1. PRESENT TO THE MINISTER THE LONG-TERM AND ANNUAL PROGRAMS FOR DEVELOPING REGULATORY LEGAL DOCUMENTS WITHIN THE SCOPE OF THE MINISTRY'S STATE MANAGEMENT AND INSPECT THE IMPLEMENTATION OF SUCH PROGRAMS AFTER THEY HAVE BEEN APPROVED BY AUTHORIZED BODIES;

2. DRAFT DIRECTLY OR PARTICIPATE IN DRAFTING PROPOSED REGULATORY LEGAL DOCUMENTS ASSIGNED BY THE MINISTER;

3. REVIEW THE LEGAL AND FORMAL ASPECTS OF PROPOSED REGULATORY LEGAL DOCUMENTS DRAFTED BY SUBORDINATE UNITS PRIOR TO THEIR SUBMISSION TO THE MINISTER FOR SIGNATURE AND ISSUANCE OR FOR SUBMISSION TO AUTHORITIES WITH APPROVAL POWER;

4. SUMMARIZE AND REPORT TO THE MINISTER ANNUAL PLANS FOR MONITORING, INSPECTING, AND PROMOTING THE IMPLEMENTATION OF REGULATORY LEGAL DOCUMENTS WITHIN THE SCOPE OF THE MINISTRY'S STATE MANAGEMENT AND ORGANIZE THE IMPLEMENTATION OF TASKS ASSIGNED BY THE MINISTER IN THE PLAN;

5. TAKE THE LEAD OR COOPERATE WITH RELATED UNITS TO ORGANIZE THE DISSEMINATION AND EDUCATION OF POLICIES AND LAWS WITHIN THE SCOPE OF THE MINISTRY'S STATE MANAGEMENT IN THE INDUSTRY AND SOCIETY;

6. TAKE THE LEAD IN REVIEWING AND SYSTEMATIZING REGULATORY LEGAL DOCUMENTS WITHIN THE SCOPE OF THE MINISTRY'S STATE MANAGEMENT OR RELATING TO THE ACTIVITIES OF THE MINISTRY; REPORT TO THE MINISTER FOR DECISION ON HANDLING THE RESULTS OF THE REVIEW OF REGULATORY LEGAL DOCUMENTS;

7. SERVE AS THE POINT OF CONTACT TO ASSIST THE MINISTER IN PROVIDING COMMENTARY ON PROPOSED REGULATORY LEGAL DOCUMENTS COLLECTED FROM OTHER MINISTRIES, SECTORS, AND LOCALITIES WHERE THE CONTENT IS RELATED TO MULTIPLE AREAS UNDER THE MINISTRY'S STATE MANAGEMENT;

8. TAKE THE LEAD ALONG WITH RELATED UNITS WITHIN THE MINISTRY IN PROPOSING TO THE MINISTER:

- RECOMMENDING TO THE PRIME MINISTER TO SUSPEND THE ENFORCEMENT OF RESOLUTIONS OF PROVINCE PEOPLE'S COUNCILS AND DIRECTLY-GOVERNED CITY PEOPLE'S COUNCILS THAT CONTRADICT NATIONAL REGULATORY LEGAL DOCUMENTS AND MINISTRY REGULATORY LEGAL DOCUMENTS IN AREAS UNDER THE MINISTRY'S STATE MANAGEMENT;

- SUSPENDING THE ENFORCEMENT AND RECOMMENDING TO THE PRIME MINISTER TO ABOLISH PROVISIONS OF PROVINCE PEOPLE'S COMMITTEES AND CHIEFS OF PROVINCE PEOPLE'S COMMITTEES AND DIRECTLY-GOVERNED CITY PEOPLE'S COMMITTEES THAT CONTRADICT MINISTRY REGULATORY LEGAL DOCUMENTS IN AREAS UNDER THE MINISTRY'S STATE MANAGEMENT;

- RECOMMENDING TO THE MINISTER AND HEADS OF MINISTERIAL LEVEL AGENCIES TO SUSPEND THE ENFORCEMENT OR ABOLISH PROVISIONS ISSUED BY THOSE AGENCIES THAT CONTRADICT NATIONAL REGULATORY LEGAL DOCUMENTS AND MINISTRY REGULATORY LEGAL DOCUMENTS IN AREAS UNDER THE MINISTRY'S STATE MANAGEMENT;

9. ASSIST THE MINISTER IN IMPLEMENTING OR PARTICIPATING IN IMPLEMENTING INTERNATIONAL LEGAL MATTERS RELATED TO THE MINISTRY'S STATE MANAGEMENT; PARTICIPATE IN INTERNATIONAL COOPERATION PROJECTS IN THE FIELD OF LEGAL AFFAIRS AS ASSIGNED BY THE MINISTER;

10. SERVE AS THE POINT OF CONTACT TO ASSIST THE MINISTER IN RESPONDING TO ORGANIZATIONS AND INDIVIDUALS REGARDING POLICIES AND LAWS WHERE THE CONTENT IS RELATED TO MULTIPLE AREAS UNDER THE MINISTRY'S STATE MANAGEMENT;

11. PARTICIPATE IN SCIENTIFIC RESEARCH TOPICS ON LAW AS ASSIGNED BY THE MINISTER;

12. PROVIDE COMMENTARY ON THE HANDLING OF VIOLATIONS OF LAWS WITHIN THE SCOPE OF THE MINISTRY'S STATE MANAGEMENT AND PROPOSE REMEDIAL MEASURES;

13. REPORT PERIODICALLY OR SPONTANEOUSLY ON THE SITUATION OF TASK IMPLEMENTATION IN THE AREAS OF WORK ASSIGNED;

14. PERFORM OTHER TASKS ASSIGNED BY THE MINISTER;

15. MANAGE CIVIL SERVANTS BELONGING TO THE DEPARTMENT;

Article 3. Organization of the Department

The Legal Department leadership consists of a Director and several Deputy Directors.

THE DEPARTMENT HEAD IS RESPONSIBLE TO THE MINISTER FOR THE TASKS ASSIGNED; ESTABLISH AND ADMINISTER ALL DEPARTMENT ACTIVITIES; ACT ON BEHALF OF THE MINISTER TO SIGN, WITHIN THE DELEGATED LIMITS, DOCUMENTS RESPONDING TO ORGANIZATIONS AND INDIVIDUALS REGARDING POLICIES AND LAWS WITHIN THE SCOPE OF THE MINISTRY'S STATE MANAGEMENT, DOCUMENTS OF LEGAL REVIEW, AND RESPONSES TO DOCUMENTS COLLECTED FROM OTHER MINISTRIES, SECTORS, AND LOCALITIES FOR COMMENTARY, GUIDELINES FOR LEGAL AFFAIRS OPERATIONS.

Deputy Directors are responsible to the Director for the areas of work they are assigned.

Civil servants of the Department work under the specialist system.

Article 4. Effectiveness and Responsibility for Implementation

This Decision shall take effect from the date of signing.

The Legal Department Director, the Organization and Cadres Affairs Department Director, and the Heads of subordinate agencies and units of the Ministry are responsible for implementing this Decision./.