Decree 98/2022/ND-CP 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 Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to 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 (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of 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 (below referred to as Decree No. 101/2020/ND-CP);

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 a governmental agency performing the state management of law making and implementation, law dissemination and education, examination of legal documents, management of the implementation of the law on handling of administrative violations; civil judgment enforcement, administrative judgment execution, state compensation, judicial administration, judicial assistance, legal aid, and legal affairs; and the state management of 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 Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and 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 under approved annual law-making programs and plans and other projects and schemes as assigned by the Government or Prime Minister.

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

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

4. To direct, guide, inspect 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 management.

5. Regarding law-making work:

a/ To submit to the Government drafts of strategies and schemes on building and improving the legal system, and organizing law implementation;

b/ To appraise, participate in the formulation of, and contribute opinions on, proposals on formulation of laws and ordinances to be submitted by the Government, and proposals on formulation of decrees; to list the Government’s proposals on law- and ordinance-making programs regarding issues within the ambit of the Government’s functions, tasks and powers; to plan agencies to assume the prime responsibility for, and those to coordinate with other agencies in, formulating and submitting draft laws and draft ordinances to the Prime Minister for decision;

c/ To appraise, participate in formulating, and give comments on, draft legal documents, and give comments on proposals on the application of fast-track procedures to circulars of ministers or ministerial-level agencies 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 on formulation of laws and ordinances not submitted by the Government, and on National Assembly deputies’ motions on laws and ordinances in accordance with law; to prepare the Government’s opinions on draft laws and draft ordinances 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 lists of contents to be detailed by local administrations;

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

6. Regarding the law implementation monitoring:

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

b/ To formulate and submit to the Prime Minister for consideration and promulgation plans on law implementation monitoring in key and interdisciplinary fields; to assume the prime responsibility for organizing the implementation of such plans and report thereon to the Prime Minister under regulations;

c/ To direct, guide, urge and inspect ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in monitoring the law implementation and processing of results of the law implementation monitoring; to summarize, study, and propose the Government or Prime Minister to process results of the law implementation monitoring, for matters falling under the competence of the Government or Prime Minister;

d/ To detail the consideration and evaluation of the law implementation monitoring under regulations; to give opinions on the application of legal documents as assigned by the Government or Prime Minister.

7. Regarding law dissemination and education and grassroots conciliation:

a/ To direct, guide and organize the law dissemination and education; to perform the tasks of the standing body of the Central Law Dissemination and Education-Coordinating Council; to recognize and dismiss law communicators in accordance with law;

b/ To direct and guide the assessment and recognition of communes, wards and townships that have attained law access standards;

c/ To direct, guide, organize and inspect the implementation of the law on grassroots conciliation; to provide professional guidance on grassroots conciliation.

8. To oversee and report on the implementation of the law on access to information; to guide, monitor, urge and inspect ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels in the provision of information and the practical information provision by agencies.

9. 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 examining legal documents.

10. Regarding codification of legal norms:

a/ To guide, examine and urge the codifying agencies in performing the 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 on approval of 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.

11. To direct, guide, inspect and urge the review, systematization and consolidation of legal documents in accordance with law.

12. Regarding control of administrative procedures:

a/ To guide the assessment of impacts of administrative procedures; to assess the impacts of administrative procedures on the making of proposals on formulation of legal documents and drafting of legal documents falling under the Ministry’s competence in accordance with law;

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

c/ To receive and settle reports and petitions of individuals and organizations on administrative regulations falling under the Ministry’s management in accordance with law.

13. Regarding the implementation of the law on handling of administrative violations:

a/ To oversee and report on the implementation 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, professional training and retraining on the implementation of the law on handling of administrative violations; to inspect the implementation of the law on handling of administrative violations in accordance with law.

14. Regarding the enforcement 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 under regulations; to monitor, urge and inspect ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in the observance of the law on administrative procedures;

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

c/ To provide guidance on and professional training in management of the administrative judgment enforcement;

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

dd/ To issue and implement regulations on making of statistics on civil judgment and administrative judgment enforcement;

e/ To report on the civil judgment and administrative judgment enforcement in accordance with law.

15. Regarding state compensation:

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

16. Regarding civil status, citizenship and certification work:

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

b/ To monitor, urge and inspect the implementation of regulations on civil status, citizenship and certification;

c/ To carry out procedures for application for the naturalization in Vietnam, restoration, renunciation and deprival of Vietnamese citizenship, and cancellation of decisions permitting naturalization in Vietnam in accordance with law;

d/ To settle matters related to civil status, citizenship and certification in accordance with law.

17. Regarding criminal records:

a/ To direct, guide, urge and inspect the implementation of the law on criminal records;

b/ To receive, process and provide information on criminal records; to issue criminal record cards according to the Ministry’s competence.

18. Regarding child adoption:

a/ To guide and inspect registration for child adoption;

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 for international adoption.

19. Regarding judicial assistance:

a/ To guide, inspect the organization and operation of lawyers, legal counseling, public notarization, judicial assessment, property auction, commercial arbitration, commercial mediation, bailiffs and asset management officers; to guide provincial-level People’s Committees in inspecting and handling violations in activities of lawyers, legal counseling, public notarization, judicial assessment, property auction, commercial arbitrations, commercial mediation, bailiffs and asset management officers;

b/ To appoint, re-appoint and dismiss public notaries and bailiffs; to grant and revoke bailiff cards; to grant and revoke auction practice certificates, practice certificates of asset management officers, law practice certificates, licenses for professional practice in Vietnam by foreign lawyers; to draw up and post on the Ministry’s portal a list of ad-hoc judicial assessors and judicial assessment organizations; 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 foreign law firms or their branches, arbitration centers, or branches and representative offices of foreign arbitration institutions in Vietnam, commercial mediation centers, and branches and representative offices of foreign commercial mediation institutions in Vietnam; to give opinions on the establishment of public judicial assessment organizations under the competence of ministries, ministerial-level agencies and local administrations;

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

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

20. Regarding registration of security interests:

a/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, guiding and inspecting the registration, provision and exchange of information on registration of security interests, registration of other transactions and assets in accordance with law;

b/ To manage the registration and provision of information on security interests in movables other than aircraft, seagoing ships and centralizedly registered securities; to register other transactions and assets in accordance law;

c/ To build, manage and operate the online registration system and database of security interests under the Ministry’s management.

21. Regarding legal aid:

a/ To monitor, guide and inspect the organization and activities of legal aid;

b/ To adopt and implement measures to support the development of legal aid activities; to communicate information on legal aid;

c/ To request state legal aid centers to provide legal aid in accordance with law.

22. Regarding legal affairs:

a/ To guide and inspect ministries, sectors, localities and state enterprises in legal affairs;

b/ To coordinate with state agencies, central agencies of socio-political organizations, socio-political-professional organizations and socio-professional organizations in carrying out legal affairs in accordance with law.

23. To assist the Government in performing the unified state management of provision of legal support to small- and medium-sized enterprises nationwide; to develop and implement an interdisciplinary legal support programs for small- and medium-sized enterprises; to carry out legal support activities for small- and medium-sized enterprises in accordance with law.

24. Regarding international law:

a/ To appraise and give opinions on draft treaties; to assume the prime responsibility for, and participate in, the negotiation on treaties and international contracts, give opinions on draft international agreements and draft 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 or Prime Minister;

c/ To participate in handling international legal issues arising in the process of international integration of Vietnam;

d/ To act as the national focal agency implementing the International Covenant on Civil and Political Rights (ICCPR); the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; to act as a national agency in relationships with members and the standing bodies of the Hague Conference on Private International Law and other conventions on law and justice to which Vietnam is a Member State under the Government’s assignment;

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

25. To act as the Government’s legal representative authority in the resolution of international investment disputes.

26. Regarding international legal and judicial cooperation:

a/ To assist the Government in performing the unified state management of international cooperation on legal and judicial reform nationwide; 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 Government to conclude, ratify and approve, or accession to treaties and measures to invalidate, ensure or suspend the implementation of, renounce and withdraw from treaties in the name of the State or the Government in the fields and sectors falling under the Ministry’s 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 to which Vietnam is a member under the Government’s assignment.

27. 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 state administrative reform programs and plans of the Government and directions of the Prime Minister.

28. To promulgate, manage and uniformly guide the use of forms, papers and records in the fields and sectors falling under the Ministry’s state management in accordance with law.

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

30. To perform the state management of public non-business services in the fields falling under the Ministry’s state management; to supervise, evaluate and verify quality of public non-business services and operational efficiency of public non-business units in the fields falling under the Ministry’s management.

31. To inspect, examine and settle complaints and denunciations, organize citizen reception, prevent and combat corruption and negative practices, and handle violations of law in the fields falling under the Ministry’s state management in accordance with law.

32. To direct the application of information technology, digital transformation, assurance of information security, building of e-government and digital government in the justice sector; to manage specialized websites; to manage, build, develop, exploit and protect the national databases in the fields of handling of administrative violations, criminal records, public notarization, registration of security interests, and provision of legal support to small- and medium-sized enterprises, management of civil status, and other fields falling under the Ministry’s state management in accordance with law.

33. To work out and implement plans on scientific research, development and application of jurisprudential research outcomes to legal, administrative and judicial reforms and building a law-ruled socialist state; to organize the provision of jurisprudential information work in the fields falling under the Ministry’s state management.

34. To organize law training at different levels and train judicial titles in accordance with law; to provide professional refresher and training courses on the fields falling under the Ministry’s management in accordance with law.

35. To manage the organizational apparatus; employment positions, structure of civil servants according to ranks, structure of public employees according to professional titles, civil servant payrolls, number of people working in public non-business units in accordance with law; to implement 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, executors and holders of other judicial titles falling under the Ministry’s management.

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

37. To 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.

38. To perform other tasks and exercise other powers as assigned by the Government or Prime Minister and provided 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 Organization and Personnel Department.

6. The International Cooperation Department.

7. The Child Adoption Department.

8. The Ministry’s Inspectorate.

9. The Ministry’s Office.

10. The General Department of Civil Judgment Enforcement.

11. The Law Dissemination and Education Department.

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 Legal Aid Department.

16. The National Registration Agency for Secured Transactions.

17. The State Compensation Department.

18. The Judicial Support Department.

19. The Planning and Finance Department.

20. The Information Technology Department.

21. The National Center for Criminal Record.

22. The Institute of Legal Strategy and Science.

23. The Judicial Academy.

24. The Democracy and Law Journal.

25. The Vietnam Law Newspaper.

The organizations specified in Clauses 1 thru 20 of this Article are those assisting the Minister in performing the state management; while those specified in Clauses 21 thru 25 of this Article are public non-business units serving the Ministry’s state management function.

The Department of General Affairs on Legislative Development may organize 4 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; the Department of International Cooperation, 3 divisions.

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 Civil Judgment Enforcement and a list of other non-business units under the Ministry.

The Minister of Justice shall promulgate decisions defining the functions, tasks, powers and organizational structures of the units under or attached to the Ministry, except units falling under the Prime Minister’s competence.

Article 4. Transitional provision

The Emulation-Commendation Department, the Law Dissemination and Education Department, the Child Adoption Department and the Southern Affairs Department may continue to perform their current tasks until the Minister of Justice promulgates new decisions defining functions, tasks, powers and organizational structures the Organization and Personnel Department, the Ministry’s Office, the Law Dissemination and Education Department, and the Child Adoption Department.

Article 5. Effect

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

2. This Decree replaces the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, 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
PHAM BINH MINH