Decree 39/2025/ND-CP functions, tasks, powers and organizational structure of Ministry of Justice

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Justice^[1]

Pursuant to the February 18, 2025 Law on Organization of the Government;

At the proposal of the Minister of Justice;

The Government promulgates the Decree defining 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 state management of: law making; organization of law enforcement; civil judgment enforcement; judicial administration; judicial support; legal affairs; and public non-business services in the fields falling under the Ministry’s management.

Article 2. Tasks and powers

The Ministry of Justice shall perform the tasks and exercise the powers defined in the Law on Organization of the Government, and the Government’ regulations on the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and has the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees and draft resolutions of the Government; draft decisions of the Prime Minister in the fields under the Ministry’s state management according to its annual approved law-making programs and plans and other projects and schemes as assigned by the Government or the Prime Minister.

2. To submit to the Government or Prime Minister strategies, master plans, programs and long-term, 5-year and annual development plans and national important projects; to submit to the Prime Minister draft decisions and draft directives in the fields falling under the Ministry’s state management.

3. To promulgate circulars, decisions, directives and other documents falling under the Ministry’s state management.

4. To direct, monitor, provide professional guidance, examine and organize the implementation of legal documents and approved strategies, master plans, programs, plans, projects and schemes in the fields falling under the Ministry’s state management.

5. To direct and organize the application of information technology, digital transformation; digital infrastructure development and assurance of network information safety and security; building of e-government and digital government; management, development, connection, sharing and exploitation of data and information in the fields falling under the Ministry’s state management in accordance with law.

6. Regarding law-making work:

a/ To submit to the Government draft strategies and schemes on building and improving the legal system;

b/ To formulate the Government’s proposals on law-making programs regarding issues within the ambit of the Government’s functions, tasks and powers; to plan law- and ordinance-drafting agencies and coordinating agencies and report thereon to the Prime Minister for decision;

c/ To appraise, participate in formulating, and give comments on, proposals on formulation of legal documents and on draft legal documents in accordance with law and as assigned by the Government or the Prime Minister;

d/ To make lists of documents detailing laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President and submit such lists to the Prime Minister for decision; to notify provincial-level People’s Councils and People’s Committees of lists of contents to be detailed by local administrations;

dd/ To formulate and promulgate, or submit to competent agencies for promulgation, regulations on techniques of compiling legal documents; to coordinate with other agencies in providing professional training and further training courses for, and developing a contingent of cadres specialized in compiling legal documents;

e/ To direct, monitor, provide professional guidance on, and examine, law-making work in accordance with law.

7. Regarding organization of law enforcement:

a/ To advise the Government on measures to organize law enforcement as assigned by the Government or the Prime Minister;

b/ To direct, monitor, provide professional guidance on, and examine, the performance of the following tasks: law dissemination and education; examination of legal documents; review, systematization and consolidation of legal documents; codification of legal norms; monitoring of law enforcement; handling of administrative violations; access to information; grassroots conciliation; assessment and recognition of communes, wards and townships reaching law access standards in accordance with law;

c/ To perform the tasks of the standing body of the Central Coordination Council for Law Dissemination and Education; to recognize and dismiss legal communicators in accordance with law;

d/ To assist the Government in examining legal documents promulgated by ministries, ministerial-level agencies, provincial-level People’s Councils and People’s Committees, and local authorities in special administrative-economic units; to propose the handling of unlawful documents in accordance with law;

dd/ To appraise headings of the Legal Code; to update and remove new legal norms and headings of the Legal Code; to submit to the Government for approval subject-based codification results of the Legal Code and addition of new subjects to the Legal Code; to submit to the Prime Minister for decision the addition of new headings under regulations;

e/ To stipulate in detail the consideration and evaluation of the law enforcement in accordance with law; to advise the Government and the Prime Minister on processing of the results of the law enforcement monitoring under the competence of the Government and the Prime Minister; to give opinions on the application of legal documents as assigned by the Government or the Prime Minister;

g/ To assist the Government in performing the unified management of the implementation of the law on handling of administrative violations nationwide in accordance with law;

h/ To assist the Government in performing the unified state management of provision of legal support to small- and medium-sized enterprises nationwide in accordance with law.

8. Regarding the enforcement of civil judgments and administrative judgments:

a/ To direct, monitor, provide professional guidance on, and examine, the enforcement of civil judgments and administrative judgments, and bailiffs in accordance with law;

b/ To manage the organization and operation of civil judgment enforcement agencies and bailiffs in accordance with law;

c/ To ensure funding, physical foundations and equipment for the enforcement of civil judgments and administrative judgments in accordance with law.

9. Regarding judicial administration:

a/ To direct, monitor, provide professional guidance on, and examine, the performance of the following tasks: civil status, citizenship, child adoption; registration of security interests, registration of transactions and other assets under the Ministry’s competent; and state compensation in accordance with law;

b/ To settle procedures for application for naturalization in Vietnam, restoration, renunciation and deprival of Vietnamese citizenship, and cancellation of decisions permitting naturalization in Vietnam and matters related to civil status and citizenship in accordance with law;

c/ To perform the tasks of Vietnam’s central agency for international adoption; to settle matters related to intercountry adoption; to grant, extend, modify and revoke operation licenses of Vietnam-based foreign adoption organizations and manage Vietnam-based foreign adoption offices in accordance with law;

d/ To manage registration agencies and the registration and provision of information on security interests, registration of transactions and other assets and the online registration system of security interests in accordance with law;

dd/ To perform state compensation work in accordance with law.

10. Regarding judicial support:

a/ To direct, monitor, provide professional guidance on, and examine, the organization and operation of lawyers’ practice, legal counseling, legal aid, notarization, certification, judicial assessment, property auction, commercial arbitration, commercial mediation and asset management officers nationwide in accordance with law;

b/ To grant, extend and revoke licenses and practice certificates in the field of judicial support; to appoint, reappoint and dismiss judicial support title holders in accordance with law;

c/ To perform legal aid work in accordance with law.

11. Regarding legal affairs:

To monitor, provide professional guidance on, and examine, ministries, sectors, localities, state enterprises and public non-business units in legal affairs in accordance with law.

12. Regarding development of institutions, international law and resolution of international investment disputes:

a/ To assume the prime responsibility for the conclusion and implementation  of treaties in the fields falling under the Ministry’s state management;

b/ To appraise, give opinions and participate in the negotiation on, treaties and international agreements in accordance with aw;

c/ To act as the Government’s legal representative in the resolution of international investment disputes on the basis of treaties on investment; to participate in handling international legal issues arising in the process of international integration of Vietnam; to give legal opinions in accordance with law;

d/ To perform the state management of mutual legal assistance; to act as the focal agency in implementing mutual legal assistance in civil matters in accordance with law;

dd/ To act as the national focal agency in implementing the International Covenant on Civil and Political Rights (ICCPR); and the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; to act as the national agency in relationships with members and the standing bodies of the Hague Conference on Private International Law, and as the central agency in treaties on mutual legal assistance in civil matters, and other treaties as assigned by competent agencies.

13. Regarding international cooperation on law and judicial reform:

a/ To direct, monitor, provide professional guidance on, and examine, international cooperation on law and judicial reform; to undertake international cooperation and carry out the external information work in the fields falling under the Ministry’s state management in accordance with law;

b/ To propose the conclusion and implementation of treaties and international agreements under the Ministry’ state management;

c/ To propose the accession to or participation in international organizations; to act as the national focal agency of Vietnam in relations with international judicial and legal organizations of which Vietnam is a member as assigned by the Government or the Prime Minister.

14. Regarding administrative reform:

a/ To monitor and sum up the performance of institutional reform tasks; to perform the task of renewing and improving the quality of the formulation and promulgation of legal documents;

b/ To decide on, and organize the implementation of, the Ministry’s administrative reform plans under objectives and contents of the state administrative reform program approved by the Prime Minister.

15. To promulgate, manage and uniformly guide the use of forms, papers and records in the fields falling under the Ministry’s state management in accordance with law; to make reports and organize the making of statistics and archives of documents and data on the fields falling under the Ministry’s state management in accordance with law.

16. To manage associations and non-governmental organizations and public non-business services in the fields falling under the Ministry’s state management in accordance with law.

17. To carry out inspection and examination, settle complaints and denunciations, organize citizen reception, prevent and combat corruption, waste and negative practices, and handle violations of law in the fields falling under the Ministry’s state management in accordance with law.

18. To direct and implement scientific research, development and application of scientific research outcomes in the fields falling under the Ministry’s state management.

19. To organize law training; to provide professional training and further training courses for holders of judicial titles and judicial support titles in accordance with law.

20. To manage the organizational apparatus; job positions, state payrolls, civil servants, public employees, workers; to implement salary regime and incentive policies, appointment, commendation, disciplining and professional training toward civil servants, public employees and workers under the Ministry’s management in accordance with law.

21. To manage allocated finances, assets and public investment sources, and organize the use thereof in accordance with law.

22. To perform other tasks and exercise other powers as assigned by the Government or the Prime Minister and provided by law.

Article 3. Organizational structure

1. The Department of Legal Document-Making Work.

2. The Department of Criminal and Administrative Legislation.

3. The Civil-Economic Legislation Department.

4. The International Law Department.

5. The Organization and Personnel Department.

6. The International Cooperation Department.

7. The Ministry’s Inspectorate.

8. The Ministry’s Office.

9. The Department of Management of Civil Judgment Enforcement.

10. The Department of Examination of Documents and Management of Handling  of Administrative Violations.

11. The Department of Law Dissemination and Education and Legal Aid.

12. The Department of Judicial Administration.

13. The Department of Registration for Secured Transactions and State Compensation.

14. The Judicial Support Department.

15. The Planning and Finance Department.

16. The Information Technology Department.

17. The Institute of Legal Strategy and Science.

18. The Judicial Academy.

19. The Democracy and Law Journal.

20. The Vietnam Law Newspaper.

The organizations specified in Clauses 1 thru 16 of this Article are administrative organizations assisting the Minister in performing the state management function; the organizations specified in Clauses 17 thru 20 of this Article are public non-business units serving the Ministry’s state management function.

The Department of Legal Document-Making Work has 3 divisions; the Department of Criminal and Administrative Legislation, 3 divisions; the Civil-Economic Legislation Department, 4 divisions; the International Law Department, 4 divisions; the Organization and Personnel Department, 5 divisions; and the International Cooperation Department, 3 divisions.

The Minister of Justice shall define the functions, tasks, powers and organizational structures of the units under the Ministry; and submit to the Prime Minister for promulgation a list of other non-business units under the Ministry.

Article 4. Transitional provision

The General Department of Civil Judgment Enforcement shall continue to perform its tasks and exercise its powers in accordance with law until the Minister of Justice’s decision defining the functions, tasks, powers and organizational structure of the Department of Management of Civil Judgment Enforcement takes effect.

Article 5. Effect

1. This Decree takes effect on March 1, 2025.

2. This Decree replaces the Government’s Decree No. 98/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Justice.

Article 6. Implementation responsibility

The Minister of Justice, other ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE THANH LONG