Circular No. 79/2013/TT-BQP stipulates the functions, tasks, powers, organizational structure, and working relationships of legal organizations and legal officers in the military.

CIRCULAR

Regulations on functions, tasks, powers, organizational structure, and working relationships of legal affairs organizations and legal affairs officers in the Military 

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating functions, tasks, powers, and organizational structure of legal affairs organizations;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain decrees related to administrative procedure control;

CONSIDERING the proposal of the General Staff;

The Minister of National Defense hereby stipulates the functions, tasks, powers, organizational structure, and working relationships of legal affairs organizations and legal affairs officers in the Military as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars stipulate the position, functions, tasks, powers, organizational structure, and working relationships of legal affairs organizations and legal affairs officers in the Military.

Article 2. Applicability

These Circulars apply to legal affairs organizations and legal affairs officers; agencies, units, organizations, and individuals within the Military related to legal affairs work.

Article 3. Position and Functions

1. Position

a) The Legal Affairs Department of the Ministry of National Defense is an agency under the Ministry of National Defense, the leading department for legal affairs work in the Military, placed under the leadership, guidance, and command in all aspects by the Central Military Commission and the Minister of National Defense regarding legal affairs work; it is subject to the leadership and guidance of the Party Committee of the General Staff Department and the Director of the General Staff Department regarding Party work, political work, and military administrative work.

b) Legal affairs organizations and legal affairs officers at agencies and units are specialized departments and officers in charge of legal affairs work, placed under the leadership, guidance, and command of the Party Committee and the command of the agency or unit; they are subject to the leadership and guidance of the Party Committee and the command of the agency's office (the general staff department or administrative agency) at the same level regarding Party work, political work, and military administrative work.

2. Functions

a) The Legal Affairs Department has the function of advising the Minister of National Defense on implementing state management by law in the field of national defense and security according to the provisions of the law; organizing the management of legal drafting and promulgation activities; reviewing, auditing, systematizing, inspecting, and handling legal regulations; codifying legal systems; consolidating legal regulations; supervising administrative procedures; popularizing and educating the law; inspecting and monitoring the enforcement of laws; managing administrative violation handling work; managing state compensation work; implementing international treaties and agreements; researching and summarizing legal matters within the scope of state management by the Ministry of National Defense.

b) Legal affairs organizations (legal advisors, legal officers) at agencies and units have the function (responsibility) of advising the command of the agency or unit on implementing state management by law in their assigned fields; taking the lead or cooperating in organizing legal drafting and promulgation activities; drafting and promulgating internal legal regulations and administrative documents; reviewing, auditing, systematizing, inspecting, and handling legal regulations; consolidating legal regulations; popularizing and educating the law and inspecting the implementation of laws as prescribed.

3. Legal affairs organizations (legal officers or legal staff) in enterprises under the Ministry of National Defense have the function (responsibility) of advising the Board of Directors, Board of Management, Chairman of the Company, General Director, or Director of the enterprise on organizing the implementation of legal affairs work and legal issues related to organization, management, and business operations of the enterprise.

Article 4. Legal System Organizations in the Military

1. Legal system organizations in the Military include:

a) The Legal Affairs Department of the Ministry of National Defense.

b) Legal system organizations and legal officers at agencies and units.

2. Based on the needs for legal work, the Chairman of the Board of Members, the Chairman of the Board of Directors, the Chairman of the company, the General Director, and the Director of the enterprise shall decide on the establishment of legal system organizations or the allocation of dedicated legal staff at enterprises.

3. The General Staff shall specify in detail about the organization and staffing of legal departments, legal assistants (or legal officers) within the Military.

Chapter II

DUTIES AND POWERS OF LEGAL SYSTEM ORGANIZATIONS

Section 1

DUTIES AND POWERS OF THE LEGAL AFFAIRS DEPARTMENT OF THE MINISTRY OF NATIONAL DEFENSE

Article 5. Duties and powers in legislative work

1.Establish proposals and organize the implementation of programs to draft laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly (hereinafter referred to collectively as laws, ordinances); programs to draft decrees of the Government, decisions of the Prime Minister (hereinafter referred to collectively as decrees):

a) Guide and urge agencies and units under the Ministry of National Defense to prepare proposals for drafting laws, ordinances, and decrees concerning areas under the management of the Ministry of National Defense.

b) Take the lead and coordinate with relevant agencies and units to draft proposals for drafting laws, ordinances, and decrees. In necessary cases, request the Minister to convene meetings with relevant agencies and units, with the participation of representatives from the Ministry of Justice, the Office of the Government, the Ministry of Finance, and the Ministry of Home Affairs to provide opinions on proposals for drafting laws, ordinances, and decrees.

c) Coordinate with relevant agencies and units to prepare annual proposal files for drafting laws, ordinances, and decrees, submit them to the Minister for review and send them to the Ministry of Finance and the Ministry of Home Affairs for comments on the rationality of the financial and human resources budget.

d) Coordinate with relevant agencies and units to revise and perfect proposal files for drafting laws and ordinances to submit to the Minister for review and decision to send to the Ministry of Justice to establish annual and term-by-term plans for drafting laws and ordinances of the National Assembly; revise and perfect proposal files for drafting decrees to submit to the Minister for review and decision to send to the Office of the Government and the Ministry of Justice to establish plans for drafting decrees of the Government.

e) Develop implementation plans for programs to draft laws, ordinances, and decrees after approval.

f) Compile and propose adjustments and supplements to programs for drafting laws and ordinances, submit to the Minister for review and decision to send to the Ministry of Justice; compile and propose adjustments and supplements to programs for drafting decrees, submit to the Minister for review and decision to send to the Ministry of Justice and the Office of the Government.

g) Develop quarterly reports on the implementation of programs to draft laws, ordinances, and decrees; progress in drafting and issues arising during the drafting of legal normative document projects and drafts, submit to the Minister for review and decision to send to the Ministry of Justice and the Office of the Government.

2. Propose and organize the implementation of programs and plans to draft legal normative documents within the authority to issue of the Ministry

a) Guide and urge agencies and units to prepare proposals; compile and propose long-term and annual programs and plans for drafting legal normative documents of the Ministry, submit to the Minister for review and approval and guide, monitor, urge, and inspect the implementation.

b) Compile and propose adjustments and supplements to long-term and annual programs and plans for drafting legal normative documents of the Ministry, submit to the Minister for review and decision.

3. Draft legal normative document projects and drafts

a) Develop plans and organize research and drafting of legal normative document projects assigned to be primarily drafted.

b) Participate in drafting legal normative document projects and drafts according to the division of labor by the Minister or at the request of the primary drafting unit.

c) Guide, monitor, urge, and inspect the implementation, progress, and quality of drafting of legal normative document projects and drafts primarily drafted by agencies and units under the Ministry.

4. Review legal normative document projects and drafts

a) Guide, urge, and inspect agencies and units primarily drafting in preparing review files for legal normative document drafts.

b) Review legal normative document drafts within the authority to issue of the Minister drafted by agencies and units under the Ministry or government agencies operating in fields and sectors under the management of the Ministry.

c) Participate in reviewing legal normative document projects and drafts according to the division of labor by the Minister based on requests from ministries and sectors.

5. Provide comments on legal normative document projects and drafts

a) Lead and coordinate with related units to assist the Minister in providing comments on legal normative document projects and drafts sent for comments by ministries and ministerial-level agencies.

b) Provide comments on legal normative document projects and drafts primarily drafted by agencies and units under the Ministry and sent for comments.

6. Prepare files for legal normative document projects and drafts

a) Lead and coordinate with agencies and units assigned to primarily draft to prepare files for legal normative document projects and drafts to submit to the Minister for review and decision on organizing solicitation of opinions from agencies, organizations, and individuals.

b) Coordinate with agencies and units assigned to primarily draft to revise, supplement, and perfect files for legal normative document projects and drafts according to the recommendations of the reviewing and auditing agencies.

Article 6. Tasks and Authorities in Monitoring the Implementation of Laws

1. To compile proposals, develop plans for monitoring the implementation of laws and inspecting the enforcement of laws within the sectors and fields under the Ministry's jurisdiction, to organize the implementation of such plans after approval, either independently or in collaboration with relevant agencies and units.

2. To guide, monitor, urge, and inspect subordinate agencies and units of the Ministry in their work on monitoring the implementation of laws and inspecting the enforcement of laws within the sectors and fields they are responsible for.

3. To take the lead or collaborate with relevant agencies and units to advise and propose to the Minister on handling the results of monitoring the implementation of laws and inspecting the enforcement of laws, or to request competent authorities to handle them.

4. To compile and prepare reports on monitoring the implementation of laws and inspecting the enforcement of laws within the sectors and fields under the Ministry's jurisdiction, to submit to the Minister for review and forwarding to the Ministry of Justice for consolidation.

Article 7. Tasks and Authorities in Reviewing and Systematizing Legal Normative Documents

1. To take the lead or collaborate with relevant agencies and units to establish plans for reviewing and systematizing legal normative documents and international treaties that Vietnam has joined or become a member of, which relate to the sectors and fields under the Ministry's jurisdiction, and to oversee, urge, and inspect the implementation thereof.

2. To organize the review and systematization of legal normative documents.

3. To provide guidance on the business operations related to reviewing and systematizing.

4. To periodically, every six months, compile lists of expired legal normative documents, and lists of valid legal normative documents containing provisions that need to be amended, supplemented, or abolished within the Ministry's jurisdiction, to report to the Minister for consideration and decision.

5. To promptly submit to the Minister for timely suspension of enforcement and handling according to authority, or to recommend competent state authorities to suspend enforcement and handle according to law, for circulars, notifications, telegrams, guidelines, and other administrative documents that contravene the law or higher-level state agency regulations.

6. To compile the results of reviewing and systematizing legal normative documents related to the sectors and fields under the Ministry's jurisdiction, and to propose solutions for handling conflicting, overlapping, unlawful, or outdated legal provisions, to submit to the Minister for review and forwarding to the Ministry of Justice.

Article 8. Tasks and Authorities in Codifying Systems of Legal Provisions

1. To develop plans for codifying systems of legal provisions within the sectors and fields under the Ministry's jurisdiction as assigned by the Prime Minister, to organize implementation either independently or in collaboration with relevant agencies and units, to prepare files of codification results by subject matter, to submit to the Minister for review and forwarding to the Ministry of Justice for evaluation.

2. To compile lists and submit to the Minister for review, recommending competent state authorities to handle conflicting, overlapping, or outdated legal provisions.

3. To take the lead or collaborate with relevant agencies and units to propose updates to subject matters and new legal provisions related to the sectors and fields under the Ministry's jurisdiction, to submit to the Minister for review and forwarding to the Ministry of Justice for updating into the codification system.

Article 9. Tasks and authorities in the consolidation of legal normative documents

1. Guide, monitor, urge, and inspect agencies and units in the implementation of consolidating legal normative documents.

2. Carry out the consolidation of documents and handle errors in consolidated documents.

3. Report on the results of consolidating legal normative documents as prescribed.

Article 10. Tasks and authorities in the inspection and handling of legal normative documents

1. Aggregate, develop plans for inspecting legal normative documents and internal normative documents, submit to the Minister; take the lead and coordinate to implement after approval.

2. Take the lead and coordinate with relevant agencies and units to assist the Minister in inspecting legal normative documents and internal normative documents as prescribed.

3. Take the lead and coordinate with relevant agencies and units to assist the Minister in developing plans and organizing inter-ministerial inspection teams regarding the implementation of inspections and handling of legal normative documents by topic, region, or sector under the Ministry of National Defense's jurisdiction.

4. Advise and assist the Minister in handling illegal documents.

5. Take the lead and coordinate with relevant agencies and units to build and manage databases serving the inspection and handling of legal normative documents within the scope of the Ministry's authority.

6. Take the lead and coordinate with relevant agencies and units to train staff on inspection and handling of legal normative documents; organize and manage a team of inspectors for legal normative documents under the Ministry's management.

7. Coordinate and exchange expertise with the Legal Normative Documents Inspection Department under the Ministry of Justice, legal affairs organizations of other ministries and government agencies.

8. Develop semi-annual, annual, or ad hoc reports on the inspection and handling of legal normative documents, submit to the Minister for review and submission to the Ministry of Justice.

Article 11. Tasks and authorities in administrative procedure control

1. Guide procedures and monitor, urge, and inspect the implementation of administrative procedure control.

2. Control administrative procedures; receive and process complaints and suggestions from individuals and organizations regarding administrative regulations within the Ministry of National Defense's functional management scope as prescribed by law.

3. Review administrative procedures in legal normative documents within the Ministry of National Defense's issuance authority.

4. Evaluate and handle the results of administrative procedure reviews according to the law.

5. Build and manage a database on administrative procedures; be responsible for establishing and maintaining the operation of a portal for receiving complaints, suggestions, and resolution outcomes on administrative procedures.

6. Regularly or ad hoc report to the Ministry of Justice on the situation and results of administrative procedure control activities of the Ministry of National Defense.

Article 12. Tasks and authorities in the enforcement of laws on administrative violations

1. Monitor, statistics, and report on the enforcement of laws on administrative violation handling as prescribed.

2. Coordinate in providing information on administrative violation handling.

3. Advise and assist the Minister in inspecting the enforcement of laws on administrative violation handling within the Ministry of National Defense's authority.

Article 13. Tasks and Authorities in Legal Propaganda and Education Work

1. Take the lead and coordinate with relevant agencies and units to build and implement the Ministry of National Defense's legal propaganda and education program and plan.

2. Take the lead and coordinate with relevant agencies and units to compile materials; organize training and capacity building for legal propagandists.

3. Take the lead and coordinate with relevant agencies to guide, monitor, urge, and inspect agencies and units on the implementation of legal propaganda and education work.

4. Regularly organize mid-term and annual reviews of the implementation of legal propaganda and education work within the Ministry of National Defense to submit to the Minister for consideration and send to the Ministry of Justice for consolidation.

Article 14. Tasks and Authorities in State Compensation Work

1. Advise and assist the Minister in managing state affairs related to compensation within the purview of the Ministry of National Defense.

2. Take the lead and coordinate with relevant agencies and units to assist the Minister in guiding, inspecting, and auditing the resolution of state compensation within the purview of the Ministry of National Defense.

3. Take the lead and coordinate with relevant agencies and units to monitor and urge the payment of compensation funds and the fulfillment of compensation responsibilities by agencies and units.

4. Take the lead and coordinate with relevant agencies and units to advise and assist the Minister in determining the responsible agency for compensation.

5. Take the lead and coordinate with relevant agencies and units to advise and assist the Minister in resolving complaints and accusations and handling violations of laws related to state compensation within the purview of the Ministry of National Defense.

6. Regularly organize mid-term and annual reviews to evaluate the implementation of state compensation work within the purview of the Ministry of National Defense.

Article 15. Tasks and Authorities in Legal Support for Enterprises

1. Take the lead and coordinate with relevant agencies and units to develop annual legal support programs and plans for enterprises within the scope of industry and sectoral management and organize their implementation.

2. Take the lead and coordinate with relevant agencies and units to propose legal support activities for enterprises within the scope of management of the Ministry, to be submitted to the Minister for consideration and sent to the Ministry of Justice for consolidation into the inter-sectoral legal support program.

3. Receive and provide legal advice to enterprises under the management of the Ministry, industry, or locality when the specialized agencies under the Ministry, industry, or locality have not met the enterprise's requirements.

4. Receive, consolidate, report to the Minister for consideration and decision or recommend competent authorities to consider amending, supplementing, or issuing new regulatory legal documents related to the industry and sectoral management of the Ministry based on the requests of enterprises and send to the Ministry of Justice for consolidation.

5. Take the lead and coordinate to build and publish on the electronic information website a database of laws related to the activities of enterprises within the scope of industry and sectoral management of the Ministry of National Defense.

6. Take the lead and coordinate with relevant agencies and units to compile materials introducing and promoting laws related to the activities of enterprises managed by the Ministry of National Defense.

7. Regularly or exceptionally annually build a report on the implementation of legal support activities for enterprises by the Ministry of National Defense, to be sent to the Ministry of Justice for consolidation.

Article 16. Duties and powers in performing advisory work on legal issues and participating in litigation

1. Advise and propose on matters related to procedures and processes for participating in litigation; collect evidence, prepare files, participate directly or coordinate with relevant agencies in litigation to protect the legitimate rights and interests of the agency or unit according to the division or authorization of the Minister.

2. Monitor, urge, and inspect agencies and units under the Ministry in implementing court judgments and decisions that have taken effect.

3. Take the lead and coordinate with relevant agencies and units to advise and propose legal solutions for the Minister to consider and decide on complex, sensitive, or controversial issues related to legal provisions.

4. Take the lead and coordinate with relevant agencies and units to advise the Minister to handle or recommend competent authorities to handle violations of law related to the Ministry of National Defense's administrative management domain.

5. Take the lead and coordinate with relevant agencies and units to monitor, inspect, and urge the implementation of state laws, regulations, rules, and provisions of the Ministry; provide legal advice on other issues according to the division of the Minister.

Article 17. Duties and powers in implementing laws on international treaties and agreements

1. Advise the Minister in implementing laws on international treaties and agreements related to the Ministry of National Defense's administrative management domain.

2. Take the lead and coordinate with relevant agencies and units to assist the Minister in participating in negotiations, signing, joining, and monitoring and inspecting the implementation of international treaties and agreements within the scope of the Ministry's administrative management according to legal provisions or directly negotiated and signed by the Ministry of National Defense.

Article 18. Duties and powers as prescribed by law and assigned by the Minister

1. Assist the Minister in uniformly managing and organizing the implementation of legal affairs throughout the military.

2. Guide, train, and inspect professional expertise in legal affairs for legal organizations and legal officers at agencies, units, and enterprises under the Ministry of National Defense.

3. Coordinate with relevant agencies and units to propose the Minister to commend or request competent authorities to commend individuals and groups with outstanding achievements in legal affairs.

4. Take the lead and coordinate with relevant agencies and units to implement programs, plans, and projects for cooperation with foreign countries on laws according to the division of the Minister or legal provisions.

5. Advise, research, and synthesize to assist the Central Military Commission Standing Committee, the Central Military Commission, and the Minister of National Defense in managing, leading, and directing the activities of judicial organs and inspection bodies in the military.

a) Take the lead and coordinate with judicial organs and the Inspectorate of the Ministry of National Defense to research, synthesize, evaluate the situation, propose policies and directions for judicial and inspection work in the military.

b) Coordinate with relevant agencies and units to research and propose guidance opinions in investigative, prosecution, trial, and enforcement activities concerning cases and cadres, party members under the jurisdiction of the Central Military Commission.

c) Coordinate with the Inspectorate of the Ministry of National Defense and relevant agencies to research and propose legal aspects in examining and resolving complaints and petitions within the jurisdiction of the Minister of National Defense.

6. Advise the Minister to build and consolidate the legal organizational system in the military. Coordinate with functional agencies of the Ministry of National Defense, the Ministry of Justice, and related state agencies to develop training plans for legal officers in the military.

7. Take the lead and coordinate with relevant agencies to assist the Ministry in researching and summarizing practical experiences in national administration through law in the military domain and participate in legal scientific research.

8. Take the lead and coordinate with the Finance Department of the Ministry of National Defense to establish and allocate the budget for legal affairs work in the military.

9. Take the lead and coordinate with relevant agencies and units to consolidate and build a strong and comprehensive legal organization in the military to complete assigned tasks. Regularly organize mid-term and final reviews and report on legal affairs work in the military every six months or annually.

Section 2

DUTIES AND POWERS OF LEGAL ORGANIZATIONS AND LEGAL OFFICERS AT AGENCIES AND UNITS

Article 19. Tasks and Authorities of Legal Organizations and Legal Officers at Agencies and Units

1. Regarding legislative work

a) To compile, propose, take the lead, and coordinate to organize the implementation of programs and plans for drafting normative legal documents and internal normative documents within the sector and field managed by the agency or unit, submit them to the agency or unit's head for consideration and decision-making, and send them to the Legal Department for consolidation; monitor, urge, inspect, and report on the implementation of plans and programs for drafting normative legal documents and internal normative documents within the unit.

b) To take the lead and coordinate with relevant units to monitor, urge, inspect, and draft projects and drafts of normative legal documents and internal normative documents within the sector and field managed by the agency or unit according to the division of labor by the agency or unit's head.

c) To participate in providing opinions on projects and drafts of normative legal documents and internal normative documents sent for comments according to the division of labor by the agency or unit's head.

d) To take the lead and coordinate with the main drafting unit to prepare the dossier for drafts of normative legal documents and internal normative documents to be submitted to the agency or unit's head for decision-making on soliciting opinions from agencies, organizations, individuals, or proposing competent authorities to review and examine; to revise and perfect the draft documents.

2. Work on monitoring the enforcement of laws

a) To take the lead in assisting the agency or unit's command in coordinating with the Legal Department to guide, monitor, urge, and implement work on monitoring the enforcement of laws and inspecting the implementation of laws related to the sector and field assigned to manage.

b) To take the lead and coordinate with relevant agencies and units to compile and build reports on work monitoring the enforcement of laws and inspecting the implementation of laws related to the sector and field assigned to manage, and send them to the Legal Department for consolidation.

3. Work on reviewing and systematizing normative legal documents

a) To take the lead and coordinate with relevant units to build and organize the implementation of plans for reviewing and systematizing normative legal documents, internal normative documents, international treaties, and international agreements related to the sector and field under the management scope of the agency or unit.

b) To periodically establish a list of expired normative legal documents every six months, a list of valid normative legal documents containing provisions that need to be amended, supplemented, or abolished related to the sector and field under the management scope, report to the agency or unit's head for consideration and decision-making or send to the Legal Department for consolidation.

c) To promptly submit to the agency or unit's head for timely suspension or recommend competent authorities to suspend the enforcement and handle according to the law for circulars, notifications, telegrams, guidelines, and other administrative documents contrary to the law or higher-level state agencies' documents.

4. To assist the agency or unit's head in coordinating with the Legal Department to codify systems of legal norms related to the sector and field assigned to manage.

5. To take the lead in assisting the agency or unit's command in coordinating with relevant agencies and units to implement the consolidation of documents; monitor, urge agencies and units to implement and handle errors in consolidated documents.

6. To take the lead in assisting the agency or unit's command in coordinating with the Legal Department to inspect and handle normative legal documents and internal normative documents related to the sector and field assigned to manage. To periodically report results every six months and annually to the Legal Department for consolidation.

7. To coordinate with political agencies to plan and periodically conduct inspections, mid-term reviews, and annual summaries of the implementation of legal dissemination and education work, and report to the Legal Department for consolidation.

8. State Compensation Work

a) To assist the unit's command in coordinating with the Legal Department to organize the provision of information and guidance on procedures to support victims in exercising their right to compensation; resolve complaints, denunciations, and handle violations of the law regarding state compensation responsibility; inspect, urge subordinate units to implement compensation and the obligation to repay according to the law.

b) To periodically organize mid-term and annual summaries of the implementation of state compensation responsibilities at the agency or unit and report to the Legal Department for consolidation.

9. To assist the agency or unit's head in coordinating with the Legal Department to participate in implementing legal assistance activities for enterprises according to programs, plans, or as assigned by the Minister.

10. Advisory Work on Legal Issues and Participation in Litigation

a) To advise and propose on issues related to the procedure and process of participating in litigation; collect evidence, prepare files, and directly or coordinate with relevant agencies to participate in litigation to protect the legitimate rights and interests of the agency or unit according to the assignment or authorization of the agency or unit's head.

b) To monitor, urge, and inspect subordinate agencies within the Ministry in the implementation of court judgments and decisions that have taken effect.

c) To take the lead and coordinate with relevant agencies and units to advise and propose on legal matters for the agency or unit's head to consider and decide or report to the Minister for complex, sensitive, or controversial issues related to legal provisions.

d) To take the lead and coordinate with relevant agencies and units to advise and propose the agency or unit's head to handle or recommend competent authorities to handle violations of the law related to the sector and field managed by the agency or unit.

đ) To take the lead and coordinate with relevant agencies and units to monitor, inspect, and urge the implementation of state laws, military orders, regulations, and internal rules and regulations of the agency or unit; to provide legal advice on other issues according to the assignment of the agency or unit's head.

11. To assist the agency or unit's command in summarizing and concluding legal work; to coordinate with relevant units to propose commendations or recommend competent authorities to commend outstanding individuals or groups in legal work to the agency or unit's command.

12. Perform other tasks assigned by the command of the agency or unit or as prescribed by law.

Article 20. Tasks related to military and defense work at the local level of Legal Organization and Legal Officers

The Legal Organization and Legal Officers at Military Regions, Command of Hanoi Capital City; Command of Ho Chi Minh City; Provincial Military Command; Provincial Border Guard Command, in addition to performing the tasks and powers stipulated in Article 19 of this Circular, shall also perform tasks and powers related to local military and defense work as follows:

1. Regarding legislative work

a) Take the lead and coordinate with relevant agencies and units to assist the head of the agency in helping the Department of Justice draft the annual plan for the construction of regulatory legal documents of the People's Council and People's Committee at the provincial level related to state management in military and defense at the local level.

b) Assist the head of the agency in drafting regulatory legal documents related to state management in military and defense at the local level according to the division of labor of the People's Council and People's Committee at the provincial level.

c) Take the lead and coordinate with relevant units to assist the head of the agency in providing opinions on draft documents related to state management in military and defense at the local level that have been sent for comments.

2. Assist the head of the agency in taking the lead or coordinating with relevant units to review and systematize regulatory legal documents related to state management in military and defense at the local level; propose solutions to handle conflicting, overlapping, unlawful provisions or those that are no longer appropriate.

3. Take the lead and coordinate with relevant agencies and units to assist the head of the agency in monitoring the implementation of laws and inspecting and handling regulatory legal documents on military and defense at the local level as prescribed.

4. Take the lead and coordinate with relevant agencies and units to organize the dissemination and education of laws on military and defense at the local level.

Article 21. Tasks and Powers of Legal Organizations in Enterprises under the Ministry of National Defense

1. Take the lead and coordinate with relevant departments to advise the Board of Members, Board of Directors, Chairman of the Company, General Director, Director of the enterprise on building, amending, and supplementing the charter of the enterprise; building and promulgating internal regulations and rules of the enterprise; proposing to competent state agencies to issue or amend and supplement regulatory legal documents related to the business activities of the enterprise.

2. Take the lead or participate in drafting various types of contracts; provide legal opinions and appraise 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, Director of the enterprise; participate in negotiations and signing of contracts.

3. Take the lead and coordinate with relevant departments to assist the Board of Members, Board of Directors, Chairman of the Company, General Director, Director of the enterprise in providing opinions on draft regulatory legal documents sent for comments by agencies and organizations; summarize and evaluate laws related to the production and business fields of the enterprise.

4. Take the lead and coordinate with organizational bodies of the enterprise to disseminate and educate laws, charters, internal regulations, and rules of the enterprise to employees.

5. Take the lead and coordinate with relevant departments to assist the Board of Members, Board of Directors, Chairman of the Company, General Director, Director of the enterprise in monitoring, urging, and inspecting the implementation of laws, charters, internal regulations, and rules of the enterprise; summarize and evaluate the understanding of laws and compliance awareness of employees in the enterprise.

6. Advise or recommend hiring legal consultants for issues related to the production and business activities of the enterprise, assess investment and business risks for overseas projects of the enterprise; provide legal opinions on decisions regarding organization and management of the enterprise.

7. Take the lead and coordinate with relevant departments to assist the Board of Members, Board of Directors, Chairman of the Company, General Director, Director of the enterprise in participating in resolving disputes to protect the legitimate rights and interests of the enterprise and its employees; participate in litigation or recommend hiring lawyers to represent the Chairman of the Company, General Director, Director of the enterprise in litigation to protect the legitimate rights and interests of the enterprise.

8. Perform other tasks assigned by the Board of Members, Board of Directors, Chairman of the Company, General Director, Director of the enterprise.

Chapter III

RELATIONSHIPS IN WORK

Article 22. The Legal Affairs Department of the Ministry of National Defense

1. In relation to the Central Military Commission and the Minister of National Defense, it shall comply with their leadership and guidance on legal affairs work.

2. In relation to departments and units under the Ministry of National Defense, it shall coordinate and cooperate to manage, direct, guide, and inspect the implementation of tasks related to legal affairs work.

3. In relation to the Ministry of Justice, it shall comply with its direction, guidance, and inspection regarding professional and vocational matters in legal affairs work.

4. In relation to relevant state agencies, it shall coordinate and cooperate to assist the Minister of National Defense in managing the state through law in military and defense areas and in managing legal affairs work within the military.

5. In relation to legal affairs organizations of departments and units, it shall have a relationship of direction, guidance, inspection, and training in professional and vocational matters concerning legal affairs work.

Article 23. Legal Affairs Organizations of Departments and Units

1. In relation to the Party Committee and Command of the department or unit, it shall comply with their leadership and command in all aspects; it shall be subject to direction and management by the Party Committee and Command of the department or unit's office (the general staff office or administrative office) at the same level regarding Party work, political work, and military administrative work.

2. In relation to the Legal Affairs Department of the Ministry of National Defense, it shall comply with its direction, guidance, and inspection regarding professional and vocational matters in legal affairs work.

3. In relation to other departments and units, it shall coordinate and cooperate to implement tasks related to legal affairs work.

Article 24. Legal Affairs Organizations in Enterprises Under the Ministry of National Defense

1. In relation to the Party Committee, Board of Members, Board of Directors, Chairman of the Company, General Director, Management Board of the enterprise, it shall comply with their leadership and command in all aspects.

2. In relation to the Legal Affairs Department of the Ministry of National Defense, it shall comply with its direction, guidance, and inspection regarding professional and vocational matters in legal affairs work.

3. In relation to other departments and units, it shall coordinate and cooperate to implement tasks related to enterprise legal affairs work.

Chapter IV

IMPLEMENTATION

Article 25. Responsibilities of Commanders of Departments and Units

1. To lead, direct, manage, and improve the organization and staffing; ensure funding and necessary conditions for the operation of legal affairs organizations and legal officers under their authority.

2. To coordinate with the Legal Affairs Department to organize training in skills, professional knowledge, and vocational matters concerning legal affairs work.

3. To periodically or urgently summarize, conclude, and report on the legal affairs work of the department or unit to the Legal Affairs Department.

4. For departments and units without dedicated legal officer staffing, the Commander of the department or unit shall be responsible for assigning officers under their authority to concurrently assist in performing legal affairs duties as stipulated in this Circular.

Article 26. Responsibilities of Chairmen of the Board of Members, Chairmen of the Board of Directors, Chairmen of Companies, General Directors, and Directors of Enterprises Under the Ministry of National Defense

1. To manage and improve the organization and staffing; ensure funding and necessary conditions for the operation of legal affairs organizations and legal officers under their authority.

2. To report on legal affairs work according to a six-month or annual schedule, or as required urgently, to the Minister as the representative of the State's ownership interest in the enterprise and to the Legal Affairs Department.

Article 27. Effective Date

1. This Circular takes effect from August 14, 2013.

2. Abolish Decision No. 196/2007/QĐ-BQP dated December 18, 2007 of the Minister of National Defense on the functions, tasks, powers, and organizational structure of dedicated legal officers in departments and units, and Article 2 of Decision No. 110/2004/QĐ-BQP dated August 9, 2004 of the Minister of National Defense on the establishment of the Legal Affairs Department of the Ministry of National Defense.

3. The Head of the Legal Affairs Department of the Ministry of National Defense shall assist the Minister in guiding and inspecting the implementation of this Circular.

4. The Chief of the General Staff, Chiefs of the Departments, Commanders of departments, units, and enterprises under the Ministry of National Defense are responsible for implementing this Circular./.