Decree No. 62/2003/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice

DECREE

Regulations on functions, tasks, powers

and the organizational structure of the Ministry of Justice

____________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, stipulating the list of ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Justice and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The Ministry of Justice is an agency of the Government performing the function of state management over legislative work, inspection of regulatory legal documents, popularization and education of law, civil and administrative judicial procedures, judicial assistance, and other judicial works throughout the country; implementing state management over public services within its jurisdiction according to the provisions of law.

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 shall be responsible for performing tasks and powers as prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government 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 and the Prime Minister strategies, plans for development, long-term, five-year, and annual plans within the fields of state management under the Ministry;

2. Directing, guiding, inspecting, and being responsible for the implementation of regulatory legal documents, strategies, plans, and other laws after approval and other legal documents within the Ministry's jurisdiction;

3. On legislative work:

a) Drafting the proposed program for legislative work concerning matters within the authority of the Government and monitoring the implementation of such programs after they have been decided;

b) Submitting to the Government and the Prime Minister draft laws, ordinances, and draft regulatory legal documents concerning fields of state management under the Ministry and draft projects, draft regulatory legal documents assigned by the Government and the Prime Minister;

c) Issuing decisions, directives, circulars within the fields of state management under the Ministry;

d) Directly participating in drafting laws and ordinances primarily drafted by ministries, ministerial-level agencies, and government agencies;

đ) Examining draft projects, draft regulatory legal documents, and draft international treaties according to the provisions of law;

e) Guiding and inspecting the work of reviewing and systematizing regulatory legal documents; conducting reviews and systematizing regulatory legal documents and international treaties within the Ministry's jurisdiction;

4. On inspection of regulatory legal documents:

a) Uniformly managing the inspection of regulatory legal documents; submitting to the Government and the Prime Minister regulations on inspection authority, procedures, and processes of regulatory legal documents; developing and organizing the implementation of plans for inspecting regulatory legal documents; guiding and inspecting the work of inspecting regulatory legal documents;

b) Conducting inspections of regulatory legal documents issued by ministries, ministerial-level agencies, provincial People's Councils, and municipal People's Committees directly under the Central Government regarding contents related to fields of state management under the Ministry's responsibility;

c) Assisting the Prime Minister in inspecting regulatory legal documents of ministries, ministerial-level agencies, provincial People's Councils, and municipal People's Committees directly under the Central Government according to the provisions of law; proposing measures to handle, handling according to authority, or handling according to the Prime Minister's authorization, illegal legal documents;

5. On popularization and education of law:

a) Uniformly managing the popularization and education of law;

b) Providing legal information, compiling, publishing, and distributing materials serving the popularization and education of law;

c) Promoting, popularizing, educating law, and providing information about fields of state management under the Ministry;

d) Directing, guiding, and inspecting the construction, management, and exploitation of legal bookshelves at communes, wards, towns, agencies, enterprises, and schools;

6. On enforcement of civil judgments:

a) Uniformly managing the enforcement of civil judgments;

b) Uniformly managing the organization and operation of civil judgment enforcement agencies from central to local levels according to the provisions of law;

c) Directing and directly enforcing judgments and decisions of courts according to the provisions of law;

7. Uniformly managing notarization, authentication, household registration, adoption involving foreign elements, nationality, criminal record, and performing specific tasks and powers in these areas according to the provisions of law;

8. Uniformly managing the organization and activities of domestic lawyers, foreign lawyers in Vietnam; the organization and activities of legal counseling, forensic examination, auction of assets, commercial arbitration according to the provisions of law;

9. Uniformly managing and implementing free legal aid for the poor, policy targets, and other groups according to the provisions of law; managing and using the Legal Aid Fund at the Central level and guiding the use of legal aid funding sources at the local level;

10. Uniformly managing the registration of secured transactions; implementing registration and providing information on secured transactions, financial leasing assets, and other transactions and assets according to the provisions of law;

11. Guiding and inspecting the organization and activities of grassroots mediation;

12. Uniformly managing activities of cooperation with foreign countries on law; implementing international cooperation in fields of state management under the Ministry according to the provisions of law;

Implementing the provision of legal opinions for projects according to the provisions of law; participating in resolving international disputes related to Vietnam according to the assignment of the Government and the Prime Minister;

13. Researching legal science; developing and applying research results in fields of state management under the Ministry;

14. Building and developing national databases on regulatory legal documents, secured transactions, notarization, household registration, criminal records, and other databases according to the provisions of law;

15. Deciding specific policies and measures and directing the operation mechanism of public service organizations under the Ministry's jurisdiction according to the provisions of law; managing and directing the activities of affiliated organizations under the Ministry;

16. State management over the activities of associations and non-governmental organizations within the fields under the state management of the Ministry, as prescribed by law;

17. Inspection, examination, handling complaints, denunciations, anti-corruption, and elimination of negative practices, as well as handling violations of laws within the fields under the Ministry's jurisdiction;

18. Regarding administrative reform:

a) Submit to the Government and the Prime Minister proposals for innovation and enhancement of the effectiveness of administrative system reform;

b) Decide and direct the implementation of the Ministry’s administrative reform program in accordance with the objectives and content of the national administrative reform program approved by the Prime Minister;

19. Management of organizational structure and staffing; directing the implementation of salary systems and incentive policies, rewards, and disciplinary measures for civil servants under the Ministry's jurisdiction; establishing professional standards for specialized judicial civil service ranks and appointing and relieving from judicial positions within the Ministry's authority; training legal officials and training and enhancing judicial positions as prescribed by law;

20. Financial management of assets assigned and organizing the implementation of allocated budgets in accordance with the provisions of law.

Article 3. Organizational Structure of the Ministry

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

1. Department of Criminal and Administrative Law;

2. Department of Civil and Commercial Law;

3. Department of International Law;

4. Department of Legal Propaganda and Education;

5. Department of Notarization, Civil Status, Nationality, and Judicial Records Administration (collectively referred to as the Department of Administrative Justice);

6. Department of Legal Aid, Legal Consultation, Forensic Appraisal, Auctions, and Commercial Arbitration (collectively referred to as the Department of Judicial Support);

7. Department of Planning and Finance;

8. THE INTERNATIONAL COOPERATION DEPARTMENT;

9. Department of Organization and Cadres;

10. Civil Enforcement Agency;

11. Agency for Legal Normative Documents Inspection;

12. National Registry of Security Interests;

13. Legal Aid Center;

14. International Adoption Center;

15. Inspectorate;

16. Office.

b) Scientific and Technological Organizations under the Ministry:

1. Institute of Legal Science;

2. Hanoi Law University;

3. School for Training of Judicial Positions;

4. Legal Newspaper;

5. Democratic and Legal Journal;

6. Information Technology Center.

Article 4. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette and shall replace Decree No. 38-CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 5. Responsibility for Implementation

The Minister of Justice, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.