Decree No. 96/2017/ND-CP dated August 16, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Justice

DECREE

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

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Justice;

The Government promulgates Decree defining the functions, tasks, powers and organizational structure of the Ministry of Justice.

Article 1.Position and functions

The Ministry of Justice is a governmental agency functioning to perform the state management of law making and enforcement, examination of legal documents, law dissemination and education, civil judgment execution, administrative judgment execution, judicial assistance, judicial administration, state compensation; the management of the enforcement of the law on handling of administrative violations; the state management of public non-business services in the fields under its state management.

Article 2.Tasks and powers

The Ministry of Justice shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; draft decrees and resolutions of the Government under its approved annual 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 long-term, five-year and annual development strategies, master plans, programs and plans and national key projects; to submit to the Prime Minister draft decisions and directives on the fields under its state management.

3. To promulgate circulars, decisions, directives and other documents under its state management.

4. To direct, guide, inspect and organize the implementation of legal documents and its approved strategies, master plans, programs, plans, projects and schemes in the fields under its state management.

5. Regarding law-making work:

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

b/ To appraise, participate in making, and contribute comments on proposals on formulating laws and ordinances, which are submitted by the Government, and proposals to formulate decrees; to list the Government’s proposals on law- and ordinance-making programs regarding issues within the Government’s functions, tasks and powers; to propose presiding and coordinating agencies to draft bills and ordinances to the Prime Minister for decision;

c/ To appraise, participate in elaborating, and contribute comments on draft documents in accordance with law;

d/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in preparing the Government’s opinions on proposals to formulate laws and ordinances, which are not submitted by the Government, and on National Assembly deputies’ motions on laws or ordinances in accordance with law; to preparethe Government’s opinions on draft bills and ordinances, which are not submitted by the Government, as assigned by the Prime Minister;

dd/ 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 to be submitted to the Prime Minister for decision; to notify People’s Councils and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Councils and People’s Committees) of the lists of contents to be detailed by local administrations;

e/ To guide, monitor, press for and examine ministries, ministerial-level agencies and localities in law-making work accordance with law.

6. Regarding monitoring of law implementation:

a/ To guide, examine and urge ministries, ministerial-level agencies and government-attached agencies and provincial-level People’s Committees in monitoring law implementation;

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and related agencies and organizations in, monitoring law implementation nationwide; to monitor law implementation in the fields under its state management or as assigned by the Government or Prime Minister and in the fields under inter-sectoral management facing many difficulties, problems and shortcomings in the course of implementation;

c/ To contribute opinions on the application of legal documents under the assignment of the Government and Prime Minister.

7. Regarding examination of legal documents:

a/ 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;

b/ To direct, guide, inspect and urge ministries, ministerial-level agencies and provincial-level People’s Committees in the examination of legal documents.

8. Regarding codification of legal norms:

a/ To guide, examine and urge codifying agencies in making codification;

b/ To appraise headings of the Legal Code; to update and remove new legal norms and headings of the Legal Code in accordance with Law; to submit to the Government decisions to approve topic-based codification results of the Legal Code and add new topics to the Legal Code; to propose the Prime Minister to decide on addition of new headings under regulations;

c/ To manage and maintain the law codification website.

9. To guide, examine and urge the review, systematization and consolidation of legal documents.

10. Regarding checking of administrative procedures:

a/ To guide the assessment of impacts and assess the impacts of administrative procedures on the making of proposals to compile documents, appraisal and formulation of legal documents within its competence in accordance with law;

b/ To review, evaluate and handle results of the reviews of administrative procedures under its management in accordance with law; to study and propose to the Government and Prime Minister initiatives to reform administrative procedures and relevant regulations under its management;

c/ To receive and settle reports and petitions of individuals and organizations on administrative regulations under its management in accordance with law.

11. Regarding enforcement of the law on handling of administrative violations:

a/ To oversee and report on the enforcement of the law on handling of administrative violations in accordance with law;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, providing guidance, training and retraining on the implementation of the law on handling of administrative violations; to examine the implementation of the law on handling of administrative violations in accordance with law.

12. Regarding law dissemination and education and grassroots conciliation:

a/ To direct, guide and organize law dissemination and education; to perform the tasks of the standing agency of the law dissemination and education-coordinating council; to recognize and dismiss law communicators in accordance with law;

b/ To assume the prime responsibility for, and guide the building and recognition of communes and wards that satisfy law access standards;

c/ To guide and examine the organization of grassroots conciliation and activities in the field.

13. Regarding execution of civil judgments and administrative judgments:

a/ To manage the organizational apparatus, state payrolls and operation of civil judgment enforcement agencies; to decide on establishment and dissolution of civil judgment enforcement agencies;

b/ To professionally guide, direct and retrain enforcers, verifiers and other civil servants engaged in civil judgment enforcement work;

c/ To provide guidance on and training in management of administrative judgment execution;

d/ To decide on plans on allocation of funding sources and assurance of material facilities and equipment for the operation of civil judgment enforcement agencies; to assure payrolls, material facilities and equipment for state management of administrative judgment execution in accordance with law;

dd/ To issue and implement regulations on statistics on execution of civil judgments and administrative judgments;

e/ To report on civil and administrative judgment enforcement work under law.

14. Regarding civil status, citizenship and certification work:

a/ To provide professional guidance on civil status, citizenship and certification;

b/ To monitor, urge and examine the implementation of the civil status, citizenship and certification laws;

c/ To settle applications for renunciation, naturalization or restoration of Vietnamese citizenship for submission to the President in accordance with law;

d/ To settle civil status-related matters in accordance with law.

15. Regarding criminal records:

a/ To provide professional guidance on criminal records;

b/ To monitor, urge and examine the implementation of the law on criminal records;

c/ To make and issue criminal record cards and provide information on criminal records in accordance with law.

16. Regarding adoption:

a/ To guide and examine adoption registration;

b/ To settle matters related to intercountry adoption in accordance with law;

c/ To grant, extend, modify and revoke operation licenses of Vietnam-based foreign adoption organizations and manage Vietnam-based foreign adoption offices.

d/ To perform the tasks of Vietnam’s central agency of international adoption.

17. Regarding legal aid:

a/ To guide and examine the organization and activities of legal aid;

b/ To adopt and implement measures to support the development of legal aid services.

18. Regarding state compensation:

To perform state management of state compensation and other tasks and exercise other powers related to state compensation in accordance with law.

19. Regarding registration of secured transactions:

a/ To guide and examine the registration of secured transactions, notify the distraint of property for judgment execution and other transactions and property in accordance with law;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the registration and provision of information on secured measures and notifying the distraint of property for judgment execution and other transactions and property in accordance with law;

c/ To develop, operate and manage the national database on secured measures under the Ministry of Justice.

20. Regarding judicial assistance:

a/ To guide, examine the organization and activities of lawyers, legal consultancy, notarization, judicial assessment, property auction, commercial arbitrators, bailiffs and assess management officers; to guide provincial-level People’s Committees in examining and settling violations in activities of lawyers, legal consultancy, notarization, judicial assessment, property auction, commercial arbitrators, bailiffs and assess management officers;

b/ To appoint, re-appoint and dismiss notaries; to appoint and dismiss bailiffs; to grant and revoke bailiff cards; to grant and revoke auction and law practice certificates; to grant and revoke licenses for professional practice in Vietnam by foreign lawyers; to gather, make and post on the Ministry of Justice’s website a list of adhoc judicial assessors and judicial assessment organizations; to grant and revoke practice certificates of asset management officers; to make, publicize and manage the list of asset management officers and asset management and liquidation enterprises nationwide;

c/ To grant and revoke licenses for establishment of branches or foreign law firms, arbitration centers, or branches and representative offices of foreign arbitration institutions in Vietnam; to approve arbitration centers’ charters; to give opinions on the establishment of public judicial assessment organizations under the competence of ministries, ministerial-level agencies and localities;

d/ To perform the state management of the organization and activities of lawyers, legal consultancy, notarization, judicial assessment, property auction, commercial arbitrators, bailiffs and asset management officers nationwide;

dd/ To grant licenses for setting up lawyer-training institutions, notary training establishments; to develop framework programs on training of lawyers, notaries, auctioneers and bailiffs.

21. To provide professional guidance to and examine ministries, sectors and localities and state enterprises in legal affairs, provide legal aid to enterprises and implement legal aid activities for enterprises in accordance with law.

22. Regarding international law:

a/ To appraise and give opinions on draft treaties; to preside over and participate in the negotiation of treaties and international contracts, contribute opinions on draft international agreements and international contracts in accordance with law;

b/ To give legal opinions on treaties, international agreements, government guarantee and investment projects in accordance with law or other cases as assigned by the Government and Prime Minister;

c/ To assist the Government in performing the state management of mutual legal assistance activities and perform the tasks related to mutual legal assistance in accordance with the law on mutual legal assistance;

d/ To act as a national agency in the relations with members and standing agencies of the Hague Conference on Private International Law.

23. To be the Government’s legal representative authority in the settlement of international investment disputes.

24. Regarding international legal and judicial cooperation:

a/ To ensure uniform management of international legal cooperation nationwide; to implement international cooperation in external information in the fields under its state management in accordance with law;

b/ To submit to the Government the conclusion, ratification and approval of or accession to treaties and measures to ensure the implementation of treaties in the name of the State or in the name of the Government in the fields and sectors under its state management;

c/ To propose the accession to and participation in international organizations; to act as the national focal agency of Vietnam in the relations with international judicial and legal organizations to which Vietnam is a contracting member under the Government’s assignment.

25. Regarding administrative reform:

a/ To monitor and summarize 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, its administrative reform plans under the  state administrative reform programs and plans of the Government and directions of the Prime Minister.

26. To promulgate, manage and guide the use of forms, papers and records in the fields and sectors under its state management in accordance with law.

27. To manage associations and non-governmental organizations operating in the fields under its state management in accordance with law; to assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, approving the charters of the Vietnam Bar Federation and Vietnam Notary Association.

28. To perform state management of public non-business services in the fields under its state management.

29. To inspect, examine and settle complaints and denunciations, organize citizen receptions, prevent and combat corruption, and handle violations of law in the fields under its state management in accordance with law.

30. To direct the application of information technology in the fields under its state management; to manage, establish, develop and use the national database in the fields under its state management in accordance with law.

31. To draw up and implement plans on scientific research, development and application of the results of jurisprudential researches to legal, administrative and judicial reforms and building a law-governed socialist state; and organize jurisprudential information work in the fields under its state management.

32. To organize law training at different levels, train judicial titles in accordance with law; to hold professional refresher and training courses on the fields under its management in accordance with law.

33. To manage the organization, civil servant payrolls, working positions and structure of public employees according to professional titles and the number of public employees working in public non-business units; to implement the salary regime and incentive policies, appointment, relief of duty, retirement, dismissal, commendation, disciplining, training, retraining and building of the ministry’s contingent of cadres, civil servants and public employees in accordance with law; to appoint or dismiss verifiers, bailiffs and holders of other judicial titles under its management.

34. To manage the assigned public finance, assets and public investments and organize their use in accordance with law.

35.  To perform other tasks and exercise other powers as prescribed by law.

Article 3.Organizational structure

1. The Department of General Affairs on Legislative Development.

2. The Criminal and Administrative Legislation Department.

3. The Civil-Economic Legislation Department.

4. The International Law Department.

5. The Law Dissemination and Education Department.

6. The Organization and Personnel Department.

7. The International Cooperation Department.

8. The Emulation-Commendation Department.

9. The Ministry’s Inspectorate.

10. The Ministry’s Office.

11. The General Department of Civil Judgment Execution.

12. The Department of Examination of Legal Documents.

13. The Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation.

14. The Civil Status, Citizenship and Notarization Department.

15. The Child Adoption Department.

16. The Legal Aid Department.

17. The Department of National Registry of Secured Transactions.

18. The State Compensation Department.

19. The Judicial Support Department.

20. The Planning and Finance Department.

21. The Information Technology Department.

22. The Southern Affairs Department.

23. The National Center for Criminal Record.

24. The Institute of Legal Science.

25. The Judicial Academy.

26. The Democracy and Law Journal.

27. The Vietnam Law Newspaper.

The units specified in Clauses 1 thru 22 of this Article are administrative ones assisting the Minister of Justice in performing the state management functions; the units specified in Clauses 23 thru 27 of this Article are non-business organizations serving the Ministry of Justice’s state management.

The Department of Criminal and Administrative Legislation may have 3 sections; the Law Dissemination and Education Department, 3 sections; the Department of International Cooperation, 3 sections; the Department of General Affairs on Legislative Development, 4 sections; the Civil-Economic Legislation Department, 4 sections; the International Law Department, 4 sections; and the Organization and Personnel Department, 4 sections.

The Department of National Registry of Secured Transactions may have 2 sections; the Child Adoption Department, 3 sections; the State Compensation Department, 3 sections; the Legal Aid Department, 3 sections; the Information Technology Department, 3 sections; the Southern Affairs Department, 3 sections; the Civil Status, Citizenship and Notarization Department, 4 sections; the Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation, 4 sections; the Planning-Finance Department, 4 sections; the Department of Examination of Legal Documents, 5 sections; the Judicial Support Department, 5 sections; the Ministry’s Inspectorate, 5 sections; the Ministry’s Office, 8 sections.

The Minister of Justice shall submit to the Prime Minister for promulgation the decision defining the functions, tasks, powers and organizational structure of the General Department of Execution of Civil Judgments and a list of other non-business organizations of the ministry.

Article 4.Effect

This Decree takes effect on the date of its signing and replaces the Government’s Decree No. 22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Justice.

Article 5.Implementation responsibility

The Minister of Justice, 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
Prime Minister
NGUYEN XUAN PHUC