Decree No. 93/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Justice

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THE GOVERNMENT

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

BASED ON Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Minister of Justice,

DECREE:

Article 1. Position and Functions

The Ministry of Justice is an agency of the Government, performing the function of state management over: legal system construction and enforcement; inspection of regulatory legal documents; popularization and education on laws; civil enforcement; administrative justice; judicial assistance, and other judicial works nationwide; state management of public services in fields under the scope of state management of the Ministry. Article 2. Tasks and Powers

The Ministry of Justice performs tasks and powers as prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and has specific tasks and powers as follows:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative program and plan of the Ministry that has been approved, and projects and programs assigned by the Government and the Prime Minister; negotiation, signing, accession to international treaties, and international cooperation initiatives in fields under the scope of state management of the Ministry.

2. Submit to the Prime Minister strategies, plans, programs, long-term, five-year, and annual development plans, and important national projects; draft decisions and directives of the Prime Minister in fields under the scope of state management of the Ministry.

3. Issue circulars, decisions, and directives on fields under the scope of state management of the Ministry.

4. Direct, guide, inspect, and organize the implementation of regulatory legal documents, strategies, plans, programs, projects, and programs that have been approved under the scope of state management of the Ministry.

b) Propose to the Government the legislative program for laws, ordinances, and resolutions of the National Assembly, the Standing Committee of the National Assembly on issues within the scope of functions, tasks, and powers of the Government; propose the division of responsibilities among leading agencies and coordinating agencies to submit to the Government for decision; inspect and urge the drafting of draft laws, ordinances, and resolutions of the National Assembly, the Standing Committee of the National Assembly submitted by the Government.

5. Regarding legislative work:

b) Review, participate in drafting, and provide comments on proposed laws and ordinances submitted by the Government; prepare the Government's proposal on the program for building laws and ordinances concerning issues within the scope of functions, tasks, and powers of the Government; propose the main drafting agency and coordinating agencies for draft laws and ordinances to be submitted to the Prime Minister for decision;

c) Review draft projects and draft regulatory legal documents, draft international treaties.

d) Participate in drafting projects and draft regulatory legal documents prepared by ministries, ministerial-level agencies, and other organizations.

đ) Guide, inspect, and urge ministries, ministerial-level agencies in proposing legislative programs for laws, ordinances, and resolutions of the National Assembly, the Standing Committee of the National Assembly.

Guide ministries, ministerial-level agencies, People's Councils, and People's Committees of provinces and centrally-administered cities regarding the work of drafting and reviewing regulatory legal documents. 6. On law enforcement:

a) Monitor the overall situation of law enforcement nationwide.

b) Guide and urge ministries, ministerial-level agencies, government agencies,

People's Councils, People's Committees of provinces and centrally-administered cities in monitoring, evaluating, and reporting on the situation of law enforcement within their respective scopes of management. 7. On inspection of regulatory legal documents:

a) Inspect regulatory legal documents issued by ministries, ministerial-level agencies, People's Councils, and People's Committees of provinces and centrally-administered cities in accordance with the law; propose handling measures, handle according to authority, or handle by delegation from the Prime Minister for documents that violate the law. b) Direct, guide, inspect, and urge the implementation of the inspection of regulatory legal documents by ministries, ministerial-level agencies, and People's Committees of provinces and centrally-administered cities.

8. Guide, inspect, and urge the implementation of the review and systematization of regulatory legal documents.

9. On popularization and education on laws:

a) Submit to the Prime Minister for issuance of a program for popularizing and educating on laws; serve as the focal point for coordination with ministries, sectors, central agencies of political-social organizations in organizing the implementation of the program for popularizing and educating on laws.

b) Build a team of legal propagandists; compile, publish, and distribute materials serving the work of popularizing and educating on laws.

c) Guide the establishment, management, and use of legal bookshelves at communes, wards, towns, agencies, units, enterprises, and schools.

10. On civil enforcement:

a) Organize the implementation of civil enforcement work nationwide; coordinate with competent agencies to handle according to the law against acts of non-compliance with judgments.

b) Issue and direct the implementation of regulations on procedures, formalities, standards, quotas, forms, and documents related to civil enforcement.

c) Uniformly manage the organization, operation, and budget of local civil enforcement agencies.

d) Direct, guide, inspect, and urge civil enforcement activities in accordance with the law.

11. On administrative justice:

a) Guide the work of certification, management, and registration of household registration, nationality, and criminal records; issue and uniformly manage various types of forms, documents, and registers related to household registration, nationality, and criminal records.

b) Handle procedures for renouncing nationality, acquiring nationality, or returning to Vietnamese nationality for submission to the President of the State in accordance with the law.

12. On judicial assistance:

a) Uniformly manage the state in the organization and operation of asset auctions nationwide; guide, inspect, and manage the organization and operation, lawyers, legal consultation, notarization, forensic examination, and commercial arbitration; issue and guide the uniform use of model documents and papers related to notarization, forensic examination, and commercial arbitration.

b) Issue, revoke lawyer practice certificates, notary public cards, forensic examiner cards; issue, revoke foreign lawyer practice permits in Vietnam, foreign law firm branch establishment permits, and commercial arbitration centers; approve the charter of commercial arbitration centers.

a) Uniform state management over the organization and operation of public auctions of assets throughout the country; guiding, inspecting the organization and operation, lawyers, legal consultation, notarization, judicial appraisal, commercial arbitration; issuing and guiding the uniform use of model documents and papers for notarization, judicial appraisal, and commercial arbitration;

b) Issuing, revoking lawyer practice certificates, notary public cards, judicial appraiser cards; issuing, revoking Lawyer Practice Licenses in Vietnam for foreign lawyers, Licenses to establish branches, foreign law firms, Commercial Arbitration Centers; approving the Bylaws of Commercial Arbitration Centers;

c) Direct the provincial People's Committees to inspect and handle violations of laws in the activities of lawyers, legal consultation, notarization, judicial appraisal, auction of assets, and commercial arbitration.

13. Regarding adoption work:

a) Guide and inspect the registration of adoption and the implementation of rights and interests of adopted children both domestically and internationally as prescribed by law; unify forms and documents in the field of adoption; resolve matters concerning international adoptions according to the provisions of the law;

b) Issue, extend, amend, and revoke licenses for foreign adoption offices and manage the operations of such offices in Vietnam.

14. Regarding legal aid:

a) Guide and inspect the organization and operation of legal aid; prescribe forms and documents related to legal aid;

b) Develop and implement measures to support the development of legal aid activities;

c) Establish and manage the activities of the Legal Aid Fund of Vietnam.

15. Regarding registration of secured transactions:

a) Guide and inspect the implementation of registration of secured transactions; issue, manage, and guide the use of forms, documents, and registers related to secured transactions;

b) Organize and guide the registration and provision of information on secured transactions, financial leasing assets, and other transactions and assets as prescribed by law.

16. Guide and inspect the organization and operation of grassroots mediation.

17. Guide the legal affairs work of ministries, sectors, localities, state-owned enterprises, and provide legal support to businesses; implement legal support activities for businesses as prescribed by law.

18. Regarding international cooperation:

a) Summarize, coordinate, and review the content of programs, plans, and projects of cooperation with foreign countries in the field of law; guide, urge, inspect, monitor, and evaluate the implementation of cooperative activities with foreign countries in the field of law;

b) Implement international treaties and policies of international cooperation within the scope of management of the Ministry after approval by the Government;

c) Uniformly manage judicial assistance in civil, criminal matters, extradition, and transfer of persons serving sentences between Vietnam and foreign countries; serve as the focal point for implementing judicial entrustment activities in civil matters as prescribed by law;

d) Implement international cooperation in fields within the scope of management under the Ministry as prescribed by law;

d) Provide legal opinions for projects as prescribed by law; participate in resolving international disputes related to Vietnam from the legal perspective as assigned by the Government and the Prime Minister.

19. Develop regulations on evaluation, acceptance, and application of research results in the field of law; develop and direct the implementation of scientific research plans; promote and apply research results in law reform, administrative reform, judicial reform, and other areas under the scope of management of the Ministry.

20. Organize and direct the application of information technology in areas under the scope of management of the Ministry; build and develop national databases on legal regulatory documents, enforcement of judgments, secured transactions, notarization, household registration, appraisal, judicial records, and other databases to serve the management needs of the Ministry.

21. Regarding state management of organizations providing public services in areas under the scope of management of the Ministry:

a) Organize and guide the implementation of mechanisms and policies for providing public services; socializing activities for providing public services in fields within the scope of management under the Ministry;

b) Submit to the Prime Minister for approval the planning of networks of public service organizations; conditions and criteria for establishing state-owned public service organizations in areas under the scope of management of the Ministry;

c) Guide, create favorable conditions, and support organizations providing public services to operate in accordance with the law.

22. Guide, create favorable conditions for associations and non-governmental organizations to participate in activities in areas under the scope of management of the Ministry as prescribed by law; handle or recommend competent authorities to handle violations of law by associations and non-governmental organizations as prescribed by law; approve the Charter of the National Bar Association.

23. Regarding inspection and audit:

a) Guide, audit, and inspect the implementation of policies and laws in areas under the scope of management of the Ministry; audit and inspect local governments' implementation of delegated management in areas under the scope of management of the Ministry;

b) Resolve complaints, denunciations, and suggestions from citizens related to fields within the scope of management under the Ministry;

c) Implement anti-corruption measures and handle violations of laws in fields within the scope of management under the Ministry.

24. Regarding administrative reform:

a) Propose solutions to innovate and improve the effectiveness of administrative system reform and follow up, urge the implementation after approval by the Prime Minister;

b) Decide and implement the Ministry's administrative reform plan according to the Government's national administrative reform program and the Prime Minister's directives;

25. Manage the organizational structure and staffing; direct the implementation of salary systems and incentive policies, commendation, rewards, and disciplinary measures for civil servants and employees under the scope of management of the Ministry; train and enhance the cadre of civil servants and employees managed by the Ministry.

Manage legal education; organize legal education at various levels; train and enhance professional skills for judicial positions as prescribed by law.

26. Manage organizational structures and staffing; direct the implementation of salary systems and incentive policies, commendation, rewards, and disciplinary measures for civil servants and employees under the scope of management of the Ministry; train and enhance the cadre of civil servants and employees under the Ministry's management.

27. Manage financial resources and assets assigned, and organize the implementation of the budget allocated according to legal provisions.

28. Perform other tasks assigned by the Government or as prescribed by law.

Article 3. The organizational structure of the Ministry

1. Department of General Issues on Law Building.

2. Department of Criminal and Administrative Law.

3. Department of Civil and Commercial Law.

4. Department of International Law.

5. Department of Legal Propaganda and Education.

6. Administrative Justice Department.

7. Judicial Support Department.

8. Department of International Cooperation.

9. Department of Planning and Finance;

10. Department of Organization and Cadres.

11. Department of Motivation and Commendation;

12. Inspectorate.

13. Office.

14. Civil Enforcement Bureau.

15. Legal Aid Department.

16. Legal Regulatory Documents Inspection Bureau.

17. National Registry of Security Interests Bureau.

18. Adoption Bureau.

19. Information Technology Agency.

20. The Ministry's representative office in Ho Chi Minh City.

21. Institute of Legal Science.

22. Academy of Law.

23. Democratic and Legal Journal.

24. Vietnam Law Newspaper.

Organizations specified from Clause 1 to Clause 20 of this Article assist the Minister in performing state management functions; organizations specified from Clause 21 to Clause 24 of this Article are public service organizations under the Ministry.

The Department for General Issues on Lawmaking, the Department for Criminal and Administrative Law, the Department for Civil and Economic Law, the Department for International Law, the Department for Popularizing and Educating Law, the Department for Administrative Justice, the Department for Judicial Assistance, the Department for International Cooperation, the Department for Organization and Cadres, and the Department for Planning and Finance shall establish offices.

The Minister of Justice shall submit to the Prime Minister for issuance Decisions stipulating the functions, tasks, powers, and organizational structure of the Enforcement Agency for Civil Judgments and the list of other remaining public service units under the Ministry.

Article 4. Effective date

This Decree shall take effect fifteen days after its publication in the Official Gazette and shall replace Government Decree No. 62/2003/NĐ-CP dated June 6, 2003, concerning the functions, tasks, powers, and organizational structure of the Ministry of Justice. Previous provisions contrary to this Decree are hereby abolished.

Article 5. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.