Decree No. 98/2022/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice

DECREE

Article 24stipulating functions, tasks, powers

and the organizational structure of the Ministry of Justice

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: dated September 19thJune 2024;2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

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; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of 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: Building and implementing laws, disseminating and educating about laws, inspecting regulatory legal documents, managing the implementation of laws concerning administrative violations; civil enforcement, administrative enforcement, state compensation, administrative judicial procedures, judicial assistance, legal aid, legal affairs work; state management of public services and public-interest services in fields under the scope of state management of the ministry.

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 performs the tasks and powers as prescribed in 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; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of 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, and the following specific tasks and powers:

1. Submitting 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; decisions of the Prime Minister according to the annual legislative program and plan already approved and other projects and programs assigned by the Government and the Prime Minister.

2. Submitting to the Government and the Prime Minister strategies, plans, programs, and long-term, five-year, and annual development plans and important national projects; submitting to the Prime Minister draft decisions and directives on fields under the scope of state management of the ministry.

3. Issuing circulars, decisions, directives, and other documents within the scope of its state management.

4. Directing, guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, plans, programs, projects, and proposals already approved within the scope of state management of the ministry.

5. Regarding legislative work:

a) Submitting to the Government draft strategies and proposals for building and perfecting the legal system, organizing the implementation of laws;

b) Reviewing, participating in drafting, and providing comments on proposed laws and ordinances submitted by the Government for approval and proposing draft decrees; preparing the Government's proposal on the legislative program for laws and ordinances within the scope of the Government's functions, tasks, and powers; proposing the lead agency and coordinating agencies for drafting laws and ordinances to be submitted to the Prime Minister for decision;

c) Reviewing, participating in drafting, and providing comments on draft regulatory legal documents, and giving opinions on the application of simplified procedures for circulars issued by ministers and heads of ministerial-level agencies as provided by law;

d) Leading and coordinating 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 provided by law; preparing the Government's opinions on laws and ordinances not submitted by the Government as assigned by the Prime Minister;

đ) Preparing 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; notifying provincial People's Councils and People's Committees (hereinafter referred to collectively as provincial People's Councils and People's Committees) about the contents delegated to localities for detailed regulations;

e) Guiding, monitoring, urging, and inspecting legislative work of ministries, ministerial-level agencies, and localities as provided by law.

6. Regarding supervision of law enforcement:

a) Leading and coordinating with ministries, ministerial-level agencies, government agencies, and related organizations to monitor the overall situation of law enforcement nationwide; monitoring the situation of law enforcement in fields under the scope of state management of the ministry or as assigned by the Government and the Prime Minister, and in cross-sectoral fields with many difficulties, obstacles, and inconsistencies in practice;

b) Drafting and submitting to the Prime Minister for consideration and issuance of the Plan for Monitoring the Situation of Law Enforcement in Key Cross-Sectoral Fields; leading the implementation of the plan and reporting to the Prime Minister as prescribed;

          c) Directing, guiding, urging, and inspecting ministries, ministerial-level agencies, government agencies, and provincial People's Committees in the implementation of law enforcement monitoring work and handling the results of law enforcement monitoring; summarizing, researching, and recommending the Government and the Prime Minister to handle the results of law enforcement monitoring for issues within the authority of the Government and the Prime Minister;

d) Specifying the procedures for reviewing and evaluating the situation of law enforcement as prescribed; providing opinions on the application of regulatory legal documents as assigned by the Government and the Prime Minister.

7. Regarding dissemination, education on laws, and grassroots mediation:

a) Directing, guiding, and organizing the implementation of work on dissemination and education on laws; performing the tasks of the central steering committee for dissemination and education on laws; recognizing and removing legal propagandists as prescribed by law;

b) Directing and guiding the evaluation and recognition of communes, wards, and towns meeting the standard of access to law;

c) Directing, guiding, organizing, and inspecting the implementation of legal provisions on grassroots mediation; guiding grassroots mediation business.

8. Monitor and report on the implementation of laws regarding access to information; guide, monitor, urge, and inspect ministries, ministerial-level agencies, government agencies, and provincial people's committees in providing information and the situation of information provision by agencies.

9. Regarding inspection of regulatory legal documents:

a) Assist the Government in inspecting regulatory legal documents issued by ministries, ministerial-level agencies, People's Councils at provincial level, provincial people's committees, and local authorities in special administrative-economic zones; propose measures for handling documents that violate the law according to the provisions of the law;

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

10. Regarding codification of legal norms:

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

b) Review and assess items in the Code; update and remove new legal norms and items in the Code according to the provisions of the law; submit to the Government for approval the results of codifying topics in the Code and supplement new topics into the Code; submit to the Prime Minister for approval the addition of new items according to the provisions.

11. Direct, guide, inspect, and urge the implementation of work on reviewing, systematizing, and consolidating regulatory legal documents according to the provisions of the law.

12. Regarding administrative procedure control:

a) Guide the business of assessing the impact of administrative procedures; implement impact assessments on administrative procedures in drafting proposals for regulatory legal documents and preparing regulatory legal documents within the jurisdiction of the ministry according to the provisions of the law;

b) Review, evaluate, and handle review results on administrative procedures within the scope of management functions of the ministry according to the provisions of the law; study and propose to the Government and the Prime Minister initiatives for administrative procedure reform and related regulations within the scope of management functions of the ministry;

c) Receive, process complaints and suggestions from individuals and organizations about administrative regulations within the scope of management functions of the ministry according to the provisions of the law.

13. Regarding enforcement of laws on administrative violations:

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

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 according to the provisions of the law.

14. Regarding civil execution and administrative execution:

a) Manage the organizational structure, staffing, and activities of civil execution agencies; decide on the establishment and dissolution of civil execution agencies according to the provisions; monitor, urge, and inspect ministries, ministerial-level agencies, government agencies, and provincial people's committees in compliance with administrative litigation laws;

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 plans for allocating funds, ensuring material and equipment for the operation of civil execution agencies; ensure staffing, material, and equipment for state management of administrative execution 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.

15. 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.

16. Regarding civil status, nationality, and notarization work:

a) Direct, guide professional matters in civil status, nationality, and notarization fields;

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

c) Resolve procedures for applying for Vietnamese nationality, returning to Vietnamese nationality, renouncing Vietnamese nationality, revoking decisions to grant Vietnamese nationality, and stripping Vietnamese nationality according to the provisions of the law;

d) Resolve matters concerning civil status, nationality, and notarization according to the provisions of the law.

17. Regarding criminal record:

a) Direct, guide, urge, and inspect the implementation of legal provisions on criminal records;

b) Receive, process, and provide criminal record information; issue Criminal Record Certificates according to authority.

18. 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.

19. Regarding judicial assistance:

a) Guide and inspect the organization and activities of lawyers, legal consultation, notarization, forensic examination, auction, commercial arbitration, commercial mediation, judicial officers, and bankruptcy administrators; guide provincial people's committees in inspecting and handling violations of the law in lawyer, legal consultation, notarization, forensic examination, auction, commercial arbitration, commercial mediation, judicial officer, and bankruptcy administrator activities;

b) Appoint, reappoint, and dismiss notaries and judicial officers; issue and revoke judicial officer cards; issue and revoke auction practice certificates, bankruptcy administrator practice certificates, lawyer practice certificates, and foreign lawyer practice permits in Vietnam; compile, establish, and publish a general list of forensic examiners and forensic examination organizations on the Ministry of Justice's electronic portal; establish, publish, and manage a list of bankruptcy administrators and enterprises engaged in asset management and liquidation nationwide.

c) Issuing, revoking Licenses for establishing branch offices, foreign law firms, Arbitration Centers, Licenses for establishing Branch Offices and Representative Offices of foreign arbitration organizations in Vietnam, Mediation Centers, Licenses for establishing Branch Offices and Representative Offices of foreign commercial mediation organizations in Vietnam; providing opinions on the establishment of public judicial appraisal organizations under the authority of ministries, ministerial-level agencies, and localities;

d) State management over the organization and activities of lawyers, legal advisory services, notarization, judicial appraisal, auctioning of assets, commercial arbitration, commercial mediation, judicial scriveners, and bankruptcy administrators throughout the country;

đ) Issuing permits to establish lawyer training institutions; prescribing the framework curriculum for lawyer training, notary training, auctioneer training, and judicial scribe training;

20. Regarding registration of security measures:

a) Taking the lead and coordinating with relevant ministries and agencies to guide and inspect the registration, provision, and exchange of information on security measures registration, transaction registration, and other property registrations as prescribed by law;

b) Managing the activities of registering security measures involving movable assets that are not aircrafts, ships, or securities registered in centralized systems; managing the registration of transactions and other properties as prescribed by law;

c) Building, managing, and operating the Online Registration System and database on security measures under the Ministry of Justice;

21. Regarding legal aid:

a) Monitoring, guiding, and inspecting the organization and operation of legal aid;

b) Developing and implementing measures to support the development of legal aid activities; organizing communication work on legal aid;

c) Requesting the National Legal Aid Center to handle legal aid cases as prescribed by law;

22. Regarding legal affairs work:

a) Guiding and inspecting legal affairs work of ministries, sectors, localities, and state-owned enterprises;

b) Cooperating to implement legal affairs work in state agencies, central agencies of political-social organizations, occupational-political-social organizations, and social-occupational organizations as prescribed by law;

23. Assisting the Government in uniformly managing state administration regarding legal support for small and medium-sized enterprises nationwide; developing and implementing inter-ministerial programs to support legal activities for small and medium-sized enterprises; carrying out legal support activities for small and medium-sized enterprises as prescribed by law;

24. 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) Providing legal opinions on international treaties, international agreements, government guarantees, investment projects as prescribed by law or other cases assigned by the Government or the Prime Minister;

c) Participating in handling legal issues arising from Vietnam's international integration process;

d) Being the national agency responsible for implementing the International Covenant on Civil and Political Rights (ICCPR); enforcing the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards; being the national agency in relations with members and the Permanent Bureau of the Hague Conference on Private International Law and other conventions on law and justice where Vietnam is a member as assigned by the Government;

đ) Assisting the Government in uniformly managing state administration regarding mutual legal assistance activities and performing tasks related to mutual legal assistance activities as prescribed by law on mutual legal assistance;

25. Being the legal representative of the Government in resolving international investment disputes;

26. Regarding international cooperation in law and justice:

a) Assisting the Government in uniformly managing state administration regarding international cooperation in judicial reform and law on a national scale as prescribed by law; implementing international cooperation and external information work in areas under the Ministry's administrative jurisdiction as prescribed by law;

b) Submitting to the Government for signing, ratification, approval, accession, or withdrawal from international treaties on behalf of the State or the Government in the fields under the Ministry's administrative jurisdiction; proposing measures to ensure implementation, terminate effectiveness, suspend implementation, renounce, or withdraw from international treaties as assigned by the Government;

c) Proposing accession to and participation in international organizations; being the national focal point of Vietnam in relations with international organizations on law and justice where Vietnam is a member as assigned by the Government;

27. 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) Deciding and implementing the Ministry's administrative reform plan according to the Government's national administrative reform program and the Prime Minister's directives;

28. Issuing, managing, and guiding the uniform use of forms, documents, and ledgers in areas under the Ministry's administrative jurisdiction as prescribed by law;

29. Managing non-governmental organizations operating in areas under the Ministry's administrative jurisdiction as prescribed by law; taking the lead and coordinating with the Ministry of Home Affairs to approve the Statutes of the Vietnam Bar Federation and the Vietnam Notary Association;

30. Managing state administration of public service activities in areas under the Ministry's administrative jurisdiction; supervising, evaluating, and certifying the quality of public service activities and the efficiency of operations of public service units under its management;

31. Implementing inspection, supervision, complaint resolution, citizen reception, anti-corruption, and anti-negligence work, and handling violations of law in areas under the Ministry's administrative jurisdiction as prescribed by law.

32. Direct the implementation of information technology application, digital transformation, ensure information security, build an electronic government and a digital government for the Justice sector; manage specialized online information pages; manage, develop, operate, and protect national databases in areas such as administrative violation handling, criminal record management, notarization, registration of security measures, legal support for small and medium-sized enterprises, civil status records, and other areas under the Ministry's jurisdiction as prescribed by law.

33. Develop and organize the implementation of scientific research plans, and apply legal research results in legal reform, administrative reform, judicial reform, and building a socialist rule-of-law state; organize legal scientific information work in areas under the Ministry's jurisdiction.

34. Organize legal education at various levels, train judicial positions as prescribed by law; provide professional and vocational training in areas under the Ministry's jurisdiction as prescribed by law.

35. Manage organizational structure, job positions, cadre structure by rank, staff structure by occupational title, civil servant quota, number of personnel working in public service units as prescribed by law; implement salary systems and incentive policies, appointments, dismissals, retirements, resignations, rewards, disciplinary actions, training, and development of cadres, civil servants, and staff members under the Ministry as prescribed by law; appoint and dismiss Appraisers, Enforcement Officers, and other judicial positions within the Ministry's jurisdiction.

36. Manage finances, assets, and public investment assigned and organize their implementation as prescribed by law.

37. Organize statistical work and archive materials and data on areas under the Ministry's jurisdiction as prescribed by law.

38. Perform other tasks and powers delegated by the Government and the Prime Minister, and as prescribed by 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 Organization and Cadres.

6. Department of International Cooperation.

7. Department of Adoption.

8. Inspectorate of the Ministry.

9. Office of the Ministry;

10. National Office of Civil Execution.

11. Popularization and Legal Education 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. Legal Aid Department.

16. National Registry of Security Transactions Department.

17. State Compensation Department.

18. Judicial Assistance Department.

19. Planning and Finance Department;

20. Information Technology Department.

21. National Criminal Record Center.

22. Institute of Strategy and Legal Science.

23. Academy of Justice.

24. Journal of Democracy and Law.

25. Vietnam Law Newspaper.

The organizations specified from Clause 1 to Clause 20 of this Article are administrative agencies assisting the Minister in performing state management functions; the organizations specified from Clause 21 to Clause 25 of this Article are public service units serving state management under the Ministry.

The Department of General Issues on Law Building has 4 divisions, the Department of Criminal and Administrative Law has 3 divisions, the Department of Civil and Commercial Law has 4 divisions, the Department of International Law has 4 divisions, the Department of Cadre and Civil Service Management has 5 divisions, the Department of International Cooperation has 3 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 National Office of Civil Execution and issue a list of other public service units under the Ministry.

The Minister of Justice shall issue a decision specifying the functions, tasks, powers, and organizational structure of units under and directly under the Ministry, except those units under the Prime Minister's decision-making authority.

Article 4. Transitional Provisions

The Department of Awards and Honors, the Department of Popularization and Legal Education, the Adoption Department, and the Southern Operations Department shall continue to perform their tasks until the Minister of Justice issues a decision specifying the functions, tasks, powers, and organizational structure of the Department of Cadre and Civil Service Management, the Ministry Office, the Department of Popularization and Legal Education, and the Adoption Department.

Article 5. Effective Date

1. This Decree takes effect from January 1, 2023.

2. This Decree replaces Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government prescribing the functions, tasks, powers, and organizational structure of the Ministry of Justice.

Article 6. Responsibility for Implementation

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