Decree No. 96/2017/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice

DECREE

Regulations on functions, tasks, powers

and organizational structure of the Ministry of Justice

^{___________________}

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister of Justice,

the Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 1. Position and functions The Ministry of Justice is an agency of the Government, performing the function of state management on: Law building and enforcement, inspection of regulatory legal documents, popularization and education of law, civil execution, administrative execution, judicial assistance, administrative justice, state compensation; management of work on enforcing laws on administrative violations; state management of public service activities within the scope of state management of the Ministry.

The Ministry of Justice performs tasks and powers as prescribed in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

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;

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, draft resolutions of the Government according to the annual program and plan for law building that has been approved and other projects and programs assigned by the Government and the Prime Minister.

2. Submit to the Government strategies, plans, programs, and annual development plans and important national projects; submit to the Prime Minister draft decisions and directives on matters within the scope of state management of the Ministry.

3. Issue circulars, decisions, directives, and other documents within 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 proposals that have been approved within the scope of state management of the Ministry.

a) Submit to the Government draft strategy for building and perfecting the legal system;

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, participate in drafting, and provide comments on projects and drafts of documents as prescribed by law;

d) Take the lead and coordinate with ministries and ministerial-level agencies to prepare the Government's opinions on proposed laws and ordinances not submitted by the Government and the Government's opinions on legislative proposals from National Assembly deputies as prescribed by law; prepare the Government's opinions on laws and ordinances not submitted by the Government as assigned by the Prime Minister;

đ) Prepare the list of detailed regulations for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President to be submitted to the Prime Minister for decision; notify the People's Councils and People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Councils and People's Committees) about the contents delegated to localities for detailed regulations;

e) Guide, monitor, urge, and inspect the work of law building of ministries, ministerial-level agencies, and localities as prescribed by law.

a) Guide, inspect, and urge ministries, ministerial-level agencies, government agencies, and provincial-level People's Committees in implementing the work of monitoring the enforcement of laws;

6. Regarding supervision of law enforcement:

b) Take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and related organizations in general monitoring of law enforcement nationwide; monitor law enforcement in areas within the scope of state management of the Ministry or as assigned by the Government and the Prime Minister, and in cross-sectoral areas with many difficulties, obstacles, and inconsistencies in practical enforcement;

c) Provide opinions on the application of regulatory legal documents as assigned by the Government and the Prime Minister.

a) Assist the Government in inspecting regulatory legal documents issued by ministries, ministerial-level agencies, provincial-level People's Councils, provincial-level People's Committees, and special administrative-economic zones' authorities; make recommendations for handling documents that violate the law as prescribed by law;

7. Regarding inspection of legislative documents:

8. On codification of legal norms:

b) Direct, guide, inspect, and urge the implementation of regulatory legal document inspection work by ministries, ministerial-level agencies, and provincial people's committees.

b) Review chapters in the Codebook; update and remove legal norms and new chapters in the Codebook as prescribed by law; submit to the Government for approval the results of codifying topics in the Codebook and adding new topics to the Codebook; submit to the Prime Minister for approval the addition of new chapters as prescribed;

a) Guide, inspect, and urge the implementation of codification by codification agencies;

c) Manage and maintain the electronic portal for the Codebook.

9. Guide, inspect, and urge the implementation of work on reviewing, systematizing, and consolidating regulatory legal documents.

10. On administrative procedure control:

a) Guide the business of impact assessment and conduct impact assessments on administrative procedures in proposing to build documents, reviewing, and drafting regulatory legal documents within the Ministry's authority as prescribed by law;

b) Review, assess, and handle the results of reviews on administrative procedures within the scope of the Ministry's management functions as prescribed by law; study and propose to the Government and the Prime Minister initiatives for administrative procedure reform and related regulations within the scope of the Ministry's management functions;

c) Receive and handle complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of the Ministry's management functions as prescribed by law.

11. On the implementation of laws on administrative violation handling:

b) Take the lead and coordinate with relevant ministries and sectors to guide, train, and enhance professional skills in implementing laws on administrative violation handling; inspect the enforcement of laws on administrative violation handling as prescribed by law.

a) Monitor and report on the enforcement of laws on administrative violation handling according to the provisions of the law;

12. On popularizing, educating laws, and grassroots mediation:

12. On the dissemination, legal education, and grassroots mediation:

a) Direct, guide, organize the implementation of legal awareness and education work; perform the tasks of the central steering committee for legal awareness and education; recognize and relieve legal propagandists according to the provisions of the law;

b) Chair, guide the construction and recognition of law-accessible communes and wards;

c) Guide and inspect the organization and operation of grassroots mediation;

13. Regarding civil enforcement and administrative enforcement:

a) Manage the organizational structure, staffing, and activities of civil enforcement agencies; decide on the establishment and dissolution of civil enforcement agencies;

b) Guide, direct, and enhance professional skills for Enforcement Officers, Reviewers, and other civil servants involved in civil execution;

c) Guide and enhance professional skills in managing administrative execution;

d) Decide on the budget allocation plan, ensure material and equipment for the operation of civil enforcement agencies; ensure staffing, material, and equipment for state management activities related to administrative enforcement according to the provisions of the law;

đ) Issue and implement statistical systems for civil execution and administrative execution;

e) Report on civil execution and administrative execution work according to the provisions of the law.

14. Regarding civil registration, nationality, and notarization:

a) Guide business practices concerning civil registration, nationality, and notarization;

b) Monitor, urge, and inspect the implementation of legal provisions on civil status, nationality, and notarization;

c) Handle procedures for renunciation of nationality, acquisition of nationality, or reacquisition of Vietnamese nationality for submission to the President of the State according to the provisions of the law;

d) Handle civil registration matters according to the provisions of the law;

15. Regarding criminal record:

a) Guide business practices concerning criminal records;

b) Monitor, urge, and inspect the implementation of laws regarding criminal records;

c) Establish criminal records, issue criminal record certificates, and provide criminal record information according to the provisions of the law;

16. Regarding adoption:

a) Guide and inspect the registration of adoption;

b) Resolve matters concerning international adoptions according to the provisions of the law;

c) Issue, renew, amend, revoke licenses for foreign adoption organizations and manage foreign adoption offices in Vietnam;

d) Perform the central agency's duties for international adoption in Vietnam.

17. Regarding legal aid:

a) Guide and inspect the organization and operation of legal aid;

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

18. Regarding state compensation:

Manage state administration over state compensation work and perform other tasks and powers related to state compensation according to the provisions of the law.

19. Regarding registration of security transactions:

a) Guide and inspect the implementation of security registration, notification of asset seizure for enforcement, and other transactions and assets according to the provisions of the law;

b) Chair and coordinate with relevant ministries and sectors to guide the implementation of security registration, provision of security information, notification of asset seizure for enforcement, and other transactions and assets according to the provisions of the law;

c) Construct, operate, and manage the National Database on Security Measures under the Ministry of Justice;

20. Regarding judicial auxiliary services:

a) Guide and inspect the organization and operation of lawyers, legal consultation, notarization, forensic examination, auction, commercial arbitration, judicial scrivener, bankruptcy trustee; guide provincial People's Committees to inspect and handle violations in the activities of lawyers, legal consultation, notarization, forensic examination, auction, commercial arbitration, judicial scrivener, bankruptcy trustee;

b) Appoint, reappoint, relieve notaries; appoint, relieve judicial scriveners; issue, revoke notary licenses; issue, revoke lawyer practice certificates; issue, revoke foreign lawyer practice permits in Vietnam; compile, establish, and publish a unified list of forensic examiners and forensic examination organizations on the Ministry of Justice's website; issue, revoke bankruptcy trustee practice certificates; establish, publish, and manage a national list of bankruptcy trustees and enterprises engaged in bankruptcy and asset liquidation;

c) Issue, revoke branch establishment permits for foreign law firms, branch establishment permits for foreign arbitration centers, and representative office establishment permits for foreign arbitration organizations in Vietnam; approve arbitration center charters; provide opinions on the establishment of public forensic examination organizations within the jurisdiction of ministries, ministerial-level agencies, and localities;

d) Manage state activities regarding the organization and operation of lawyers, legal consultation, notarization, forensic examination, auction, commercial arbitration, judicial scrivener, bankruptcy trustee nationwide;

đ) Issue permits for the establishment of vocational training institutions for lawyers and notaries; stipulate framework training programs for lawyers, notaries, auctioneers, and judicial scriveners;

21. Guide business practices, inspect legal affairs of ministries, sectors, localities, state-owned enterprises, and provide legal support to businesses and implement legal support activities for businesses according to the provisions of the law;

22. Regarding international law:

a) Reviewing and providing comments on draft international treaties; taking the lead and participating in negotiating international treaties, international contracts, and providing comments on draft international agreements and international contracts as prescribed by law;

b) Provide legal opinions on international treaties, international agreements, government guarantees, investment projects according to the provisions of the law or other cases assigned by the Government or the Prime Minister;

c) Assist the Government in uniformly managing state activities related to mutual legal assistance and perform tasks related to mutual legal assistance according to the provisions of the law on mutual legal assistance;

d) Be the national agency in relations with members and the permanent body of the Hague Conference on Private International Law;

23. Be the legal representative of the Government in resolving international investment disputes;

24. Regarding international cooperation in law and justice:

a) Uniformly manage international cooperation in law nationwide; carry out international cooperation and external information dissemination in fields under the Ministry's jurisdiction according to the provisions of the law;

b) Submit to the Government for signing, ratification, approval, or accession and measures to ensure the implementation of international treaties on behalf of the State or the Government in fields under the Ministry's jurisdiction;

c) Propose accession to and participation in international organizations; be the focal national agency of Vietnam in relations with international organizations on law and justice where Vietnam is a member according to the Government's assignment;

25. Regarding administrative reform:

a) Monitor, compile the implementation of institutional reform tasks; perform tasks to innovate and improve the quality of legislative work and issuance of regulatory legal documents;

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;

26. Issue, manage, and uniformly guide the use of forms, documents, and ledgers in fields under the Ministry's jurisdiction according to the provisions of the law.

27. Manage associations and non-governmental organizations operating in areas under the Ministry's administrative management according to the provisions of the law; take the lead and coordinate with the Ministry of Home Affairs to approve the Charter of the Vietnam Bar Federation and the Charter of the Vietnam Notary Association.

28. Administer public services and public-interest activities in areas under the Ministry's administrative management.

29. Implement inspection, supervision, complaint resolution, accusation handling, citizen reception organization, anti-corruption measures, and punishment of violations of laws in areas under the Ministry's administrative management according to the provisions of the law.

30. Organize and direct the application of information technology in areas under the Ministry's administrative management; manage, build, develop, and exploit national databases in areas under the Ministry's administrative management according to the provisions of the law.

31. Develop and implement plans for scientific research, apply research results in legal reforms, administrative reforms, judicial reforms, and building a socialist rule-of-law state; organize scientific legal information work in areas under the Ministry's administrative management.

32. Organize training at various levels on law and training for judicial positions according to the provisions of the law; train and enhance professional skills in areas under the Ministry's management according to the provisions of the law.

33. Manage organizational structure, civil servant staffing, job positions, cadre structure by profession and number of staff working in public service units; implement salary systems and incentive policies, appointments, dismissals, retirements, resignations, rewards, disciplinary actions, training, and development of cadres, civil servants, and staff under the Ministry according to the provisions of the law; appoint and dismiss Appellate Officers, Enforcement Officers, and other judicial positions within the Ministry's authority.

34. Manage finance, assets, and public investment assigned and organize implementation according to the provisions of the law.

35. Perform other tasks and powers delegated by the Government and Prime Minister and according to the provisions of the law.

Article 3. Organizational Structure

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. Organization and Cadre Department.

7. Department of International Cooperation.

8. Department of Motivation and Awards.

9. Inspectorate;

10. Office;

11. Civil Execution General Department.

12. Legal Normative Documents Inspection Department.

13. Administrative Violation Handling Management and Law Enforcement Supervision Department.

14. Civil Status, Citizenship, and Authentication Department.

15. Adoption Bureau.

16. Legal Aid Bureau.

17. National Registry of Security Interests Bureau.

18. State Compensation Bureau.

19. Judicial Assistance Bureau.

20. Planning and Finance Bureau.

21. Information Technology Bureau.

22. Southern Region Work Bureau.

23. National Criminal Record Center.

24. Institute of Legal Science.

25. Academy of Law.

26. Democratic and Legal Journal.

27. Vietnam Law Newspaper.

The organizations specified from Clause 1 to Clause 22 of this Article are administrative organizations assisting the Minister in performing state management functions; the organizations specified from Clause 23 to Clause 27 of this Article are public service organizations serving state management under the Ministry.

The Criminal and Administrative Law Department has 3 divisions, the Legal Propaganda and Education Department has 3 divisions, the International Cooperation Department has 3 divisions, the General Issues Department on Legislation has 4 divisions, the Civil and Economic Law Department has 4 divisions, the International Law Department has 4 divisions, the Cadre and Organization Department has 4 divisions.

The National Registry of Security Interests Bureau has 2 divisions, the Adoption Bureau has 3 divisions, the State Compensation Bureau has 3 divisions, the Legal Aid Bureau has 3 divisions, the Information Technology Bureau has 3 divisions, the Southern Region Work Bureau has 3 divisions, the Household Registration, Citizenship, and Authentication Bureau has 4 divisions, the Administrative Violation Management and Law Enforcement Supervision Bureau has 4 divisions, the Planning and Finance Bureau has 4 divisions, the Regulatory Legal Text Inspection Bureau has 5 divisions, the Judicial Assistance Bureau has 5 divisions, the Ministry Inspectorate has 5 divisions, the Ministry Office has 8 divisions.

The Minister of Justice shall submit to the Prime Minister for issuance of a decision specifying the functions, tasks, powers, and organizational structure of the Civil Execution General Department and issue a list of other public service organizations under the Ministry.

Article 4. Effective date

This Decree takes effect from the date of signature and replaces Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 5. Responsibilities for Implementation

The Minister of Justice, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.