MINISTRY OF JUSTICE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No: 2102/QD-BTP
Hanoi, 4th November 2008
DECISION
On functions, tasks, powers and organizational structure of the
Respresentative Office of the Ministry of Justice in Hochiminh City
--------------------------THE MINISTER OF JUSTICE
Pursuant to Decree No. 93/2008/ND-CP dated 22nd August 2008 of the
Government defining the functions, tasks, powers and organizational structure
of the Ministry of Justice;
At the proposal of the Director General of the Department of Organization
and Personnel, hereby
DECIDES:
Article 1: Position and functions
The Representative Office of the Ministry of Justice in Hochiminh City
(hereinafter referred to as the Representative Office) is the unit under the
Ministry of Justice (hereinafter referred to as the Ministry). The Representative
Office was established on the basis of the Permanent Unit of the Ministry’s
Office in Hochiminh City. The Representative Office’s functions are : To
represent the Ministry of Justice in operations, in working relationship with
organizations, agencies, individuals in provinces, centrally managed cities from
Ninh Thuan upwards (hereinafter referred to as the Southern area ) in the scope
mentioned in this Decision and in specific tasks assigned by the Minister; to
advise, assist the Minister to perform State management tasks over judicial
fields in the Southern area as provided in this Decision and as assigned by the
Minister; to cooperate with units under the Ministry to perform tasks in the
fields of work falling with the management scope of the Ministry; and to ensure
the conditions, working facilities in accordance with the working plan of the
Ministry in the Southern area.
The Representative Office is empowered as a legal entity having
headquarter in Hochiminh City, its own seal and accounts at the State Treasury
as provided by laws.
Article 2: Tasks and powers
The Representative Office has the following tasks and powers:
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1. To submit to the Minister for approval long term, five-year and annual
working plans of the Representative Office and to organize the performance
after having approved;
2. The function of representing the Ministry of Justice in working
relationship with agencies, organizations, individuals in the Southern area shall
encompass the following activities:
a) To be a focal point to contact and setup meetings between the Ministry
and Provincial Party’s Committees, People’s Council and People’s Committees
at provincial levels, agencies, organizations and individuals in Southern area;
b) To lead or to participate into meetings, working sections, conferences,
workshops, seminars of the Ministry or of Ministries, sectors, localities
organized in Southern area and report to the Minister about the meetings,
conferences, workshop and seminars;
c) To organize the meetings with citizens in the Southern region; to receive,
classify, write down in the notebook; read and settle complaints and
denunciations following the procedures of Law on complaints and
denunciations;
d) To provide information on the operation of the Ministry, sector to
agencies, organizations, individuals in the Southern part as provided by the
Ministry;
3. The function of providing advise and assistance to the Minister to
perform state management tasks over judicial fields may include:
a) To advise, propose to the Minister solutions on development and
performance of judicial tasks in the Southern part and to organize the
performance after having approved;
b) To guide the development, to supervise the performance of solutions,
directions, policies, plans, programs, tasks of the Ministry in the Southern
region, to proactively propose to the Minister solutions to enhance quality and
effectiveness in the performance of judicial tasks in the Southern region;
c) To monitor and generalize the organization, performance and proposals
of Office of the Party Provincial Committees; The People’s Councils and the
People Committees at provincial level, Judicial Agencies and Civil Judgment
Enforcement agencies at localities in the Southern part in fields falling within
the management scope of the Ministry.
4. The function of cooperation with units under the Ministry to perform
tasks falling within management scope of the Ministry may encompass the
following activities:
a) To cooperate with the Units under the Ministry to guide, check
professional activities, to proactively propose solution to handle difficulties,
obstacles in fields belonging to the management scope of the Ministry in the
Southern region;
b) To take part into the review or inspection delegations of the Ministry
over the fields falling within the management scope of the Ministry in the
Southern region;
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c) To provide information, to give comments on the titles of emulation,
forms of commendation of the branch towards collectives and individuals in the
Southern region;
d) To cooperate with Units under the Ministry to organize meetings,
conferences, workshops, seminars, training courses, meetings of leaders of the
Ministry in the Southern part.
5. To sufficiently provide, according to the present policies and regimes,
working conditions and means for staff, officials of the Ministry when they do
business in the Southern part;
6. To lead the development of Draft Regulation on the cooperation between
the Representative Office and Units under the Ministry then submit to the
Minister.
7. To take part into designing the long term, five-year and annual strategies,
master-plans, plans of the judicial branch; to comment the projects, draft legal
normative documents falling within the management scope of the Ministry and
other projects, draft documents as assigned by the Minister or at the proposal of
units under the Ministry;
8. To perform policies towards retired staff, officials of the Ministry; to
perform reception function, to visit and take part in events like funerals in the
Southern part as directed by the Minister;
9. To perform information providing, reporting as provided by laws and as
directed by the Minister;
10. To perform finance-accounting regimes, to manage the Office’s budget
and asset as provided by laws;
11. To perform the Office’s officials, laborers management as provided by
laws and as assigned by the Ministry;
12. To perform other tasks in accordance with programmes, plan, masterplans on the division of management power of the Ministry or as assigned by the
Minister.
Article 3: Personnel and Organizational Structure
1. Organizational Structure
a) The leaders of the Representative Office:
The Representative Office consists of a Director General - Head of the
Representative Office (hereinafter referred to as the Head of the Representative
Office) and no more than three Deputy Directors General – Deputy Head of the
Representative Office (hereinafter referred to as the Deputy Head of the
Representative Office). The Head of the Representative Office shall be
responsible to the Minister and to laws for the performance of assigned tasks
and powers.
The Deputy Heads of the Representative Office shall assist the Head of the
Representative Office to manage, to run the operations of the Representative
Office; They are assigned by the Head to directly manage certain areas, tasks
and be responsible to the Head and to the law for the assigned areas of work.
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b) Divisions under the Representative Office:
- The administrative Office;
- Division of Civil Judgment Enforcement Affairs;
- Division of Justice - Administrative and Judicial Support Affairs;
- Division of other Judicial Affairs.
The establishment, mergence, division, dissolution of subordinate units to
the Representative Office shall be decided by the Minister at the proposal of the
Director General of the Department of Personnel and Organization and the Head
of the Representative Office.
Functions, tasks, power and working relationship among organizations
under the Representative Office shall be decided by the Head of the
Representative Office. The cooperative relations between the Division of Civil
Judgment Enforcement Affairs, the Division of Administrative – Judicial and
Judicial Support Affairs with the Department of Civil Judgment Enforcement,
the Ministry’s Inspectorate, The Department of Judicial Administration and The
Department of Judicial Support of the Ministry shall be decided by the Head of
the Representative Office and the Director General of the concerned
Department.
2. The scope of the Office’s staff shall belong to the administrative
personnel of the Ministry of Justice, which shall be decided by the Minister at
the proposal of the Director General of the Department of Personnel and
Organizations and the Head of the Representative Office.
Article 4: Responsibility and cooperative relations
The responsibility and cooperative relations between the Representative
Office and the Ministry’s leaders, the units under the Ministry, the Departments
of Justice and the Civil Judgment Enforcement Agencies at provinces, centrallymanaged cities shall be implemented in accordance with the working regulations
of the Ministry and the following specific rules:
1. Within its assigned scope of function, tasks, the Representative Office
shall be under the direct leadership of the Minister or the Deputy Minister incharge; be responsible for the performance, reporting and be responsible to the
Minister and to laws for the performance’s results of the assigned tasks, propose
the amendment of the mechanism, policies, programmes, plans related to the
field of work falling within the management scope of the Ministry and of the
Office.
2. The Representative Office is responsible for active cooperation with
related bodies under the Ministry to perform assigned tasks and powers.
When the happen cases in fields of work belonging to the management
scope of the Ministry in the Southern part, the Representative Office shall be
responsible to get the information in timely manner, to settle the matters in its
competence; if the case is beyond its competence then it shall report and
cooperate with other units to propose solutions to the leaders of the Ministry. If
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the opinions of the Representative Office differ from that of the unit under the
Ministry, then the Representative Office shall be responsible to report and to ask
for the guidance from the Ministry’s leader in-charge of that unit or of that field
of work.
3. The units under the Ministry shall be responsible to consult the
Representative Office when performing their tasks, powers and functions in the
Southern part.
4. When sending documents of the Ministry or of the units under the
Ministry to organizations, agencies, individuals to the Southern part, the units
under the Ministry shall be responsible to send at the same time that document
to the Representative Office. When issuing documents or giving consult to the
People’s Committees of the same level to issue documents to submit to the
Ministry, Units under the Ministry, judicial agencies and local civil judgment
enforcement agencies in the Southern part shall be responsible to send at the
same time that document to the Representative Office.
When submitting documents to the Ministry, the Representative Office
shall be responsible to send simultaneously that document to the related
Department of the Ministry.
Article 5: Implementation Effect
This Decision shall come into force upon the date of signing. Clause 1 of
the Article 3, Regulation on organizations and cooperation of the office of
Ministry of Justice issued together with the Decision No.935/QD-TC dated 9th
December 1994 of the Minister of Justice shall be hereafter abrogated.
Article 6: Implementation Responsibilities
The Chief Executive of the Ministry’s Office, The Director General of the
Department of Personnel and Organization, The Head of Representative Office,
Directors General of Units under the Ministry, The Director General of
Departments of Justice; Heads of Civil Judgment Enforcement Agencies on
provinces, centrally-managed cities shall be responsible to perform the Decision.
Recipients:
- As mentioned in Article 6;
- The Priminister, Deputy Priministers (to report)
- To Ministries and Ministerial agencies;
- The Permanmenet Board of the Party Committee of Ho Chi Minh
City; The People’s Council; The People’s Committee of Ho Chi Minh
City (for coordination);
- The People’s Committees of provinces and centrally-managed cities;
- The Ministry’s leaders;
- Office of Ministry’s Party Executive Committee;
- Socio-political organizations under the Ministry;
- Archive at: Archive Division, Department of Organization and
Personell.
THE MINISTER
(signed)
Ha Hung Cuong