MINISTRY OF JUSTICE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No.808/QD-BTP
Hanoi, 16th April 2009
DECISION
Stipulating Functions, Responsibilities, Powers and Organizational Structure
of the Department for Examination of Legal Normative Documents
MINISTER OF JUSTICE
Pursuant to Decree No. 93/2008/ND-CP dated 22 August 2008 of the
Government on the functions, tasks, powers and organizational structure of the
Ministry of Justice;
At the proposal of the Director General of the Department of Personnel and
Organization and the Director General of the Department for Examination of
Legal Normative Documents,
DECIDES:
Article 1. Functions
The Department for Examination of Legal Normative Documents
(hereinafter referred to as Department) is an organization attached to the
Ministry of Justice which performs the functions of assisting the Minister in
exercising the uniform management over examination, review and
systematization of legal normative documents; examining legal normative
documents within the examining competence of the Ministry of Justice;
organizing the review and systematization of legal normative documents
according to the provisions of law.
The Department shall have a legal status, a headquarter located in Ha Noi
City.
The Department shall have its own seal and own bank account at the State
Treasury as stipulated by law.
Article 2. Tasks and Powers
The Department shall exercise the following tasks and powers:
1. To elaborate and submit to the Minister long-term, five-year and annual
working plans of the Department; to participate in elaborating strategies, masterplans, long-term, five-year and annual development plans of the justice sector;
2. To assume the prime responsibility for and coordinate with organizations
attached to the Ministry in elaborating and submit to the Minister for
promulgation or for submitting to competent agencies for issuance of schemes,
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projects, plans and bills, draft legal documents on examination, review and
systematization of legal normative documents; to elaborate, appraise and give
comments to other draft legal documents as assigned by the Minister;
3. To implement strategies, master-plans, plans, schemes, projects, and
legal documents on examination, review and systematization of legal normative
documents;
4. To guide, inspect and urge the implementation of examination, review
and systematization of legal normative document all over the country;
5. To examine legal documents promulgated by ministries, heads of
ministerial agencies, provincial People’s Councils, provincial People’s
Committees which fall within the examinating competence of the Ministry of
Justice; to examine legal normative documents promulgated by the Minister of
Justice; to propose the handling of or handle by its competence documents
contrary to law;
6. To organize the review and systematization of legal normative
documents in the domains under the scope of management of the Ministry; to
review and systematize legal normative documents on examination, review and
systematization of legal normative documents;
7. To organize professional training and fostering for officials and public
servants working in the field of examination, review and systematization of legal
normative documents according to the training plans which have been approved
by the Minister; to participate in training and fostering for officials and public
servants on the domains under the scope of management of the Department;
8. To supervise the enforcement of law on examination, review and
systematization of legal normative documents, and propose to revise,
supplement legal normative documents and finalize the legal system in the
assgined areas;
9. To develop, manage and use the database on examination, review and
systematization of legal normative documents; to apply information technology
in the work of examination, review and systematization of legal normative
documents;
10. To undertake international cooperation activities in the field of
examination, review and systematization of legal normative documents
according to provisions of law and the delegation of the Ministry;
11. To examine and participate in inspecting the observance of laws on
examination, review and systematization of legal normative documents; to
handle complaints and denunciations as stipulated by law and delegated by the
Ministry;
12. To participate in conducting scientific researches, educating and
disseminating laws on the domains under the management of the Department;
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13. To implement the emulation and commendation work, to manage its
contingent of public servants, officials and collaborators as stipulated by law and
delegated by the Ministry;
14. To implement the accounting and financial regime, to manage its
assigned finance and assets according to provisions of law;
15. To perform a number of other tasks assigned by the Minister.
Article 3. Organizational Structure and Payroll
1. Organizational structure
a) Leadership
The Department shall have a Director General and no more than three
Deputy Directors General.
The Director General shall be accountable to the Minister and to the law for
exercising of functions, tasks and power of the Department.
The Deputy Directors General shall assist the Director General in
managing and controlling the operation of the Department; be assigned by the
Director General to direct and undertake a number of tasks and fields of work;
and be accountable to the Director General and the law for their assigned work.
b) Organizations attached to the Department:
The organizations assisting the Director General in performing the State
management function:
+ The Office;
+ The Division for examination of legal normative documents;
+ The Division for review and systematization of legal normative
documents;
+ The Division of Database on examination of legal normative documents;
The establishment, mergence, splitting and dissolution of organizations
attached to the Department shall be decided by the Minister at the proposal of
the Director General of the Personnel and Organization Department and the
Director General of the Department for Examination of Legal Normative
Documents.
The functions, tasks, powers and working relationships among
organizations attached to the Department shall be decided by the Director
General.
2. The payroll
The administrative payroll of the Department shall be included in the
administrative payroll of the Ministry, and be allocated by the Minister at the
proposal of the Director General of the Personnel and Organization Department
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and the Director General of the Department for Examination of Legal Normative
Documents.
Article 4. Responsibilities and Cooperative Relationships
Responsibilities and cooperative relationships between the Department and
the Minister, Vice Ministers, organizations attached to the Ministry, the Justice
Departments and Civil Judgment Execution Agencies at provinces, centrally-run
cities shall be exercised according to the Working Regulation of the Ministry as
well as the following specific provisions:
1. The Department shall be under the direct steering of the Minister or
assigned Vice Minister. The Department shall have the responsibility to report to
the Ministry’s leaders on the subject matters falling within the handling
competence of the Ministry’s leaders, the implementation of assigned tasks,
policies and plans concerning the domains under the scope of management of
the Department.
2. The Department shall act as a focal point in assisting the Minister and
Vice Ministers in relations with ministries, branches, localities and other
agencies and organizations within the domains under the Department’s
management.
3. During the performance of tasks stipulated in Article 2 of this Decision,
where there are arising issues concerning the other organizations attached to the
Ministry, the Department shall take prime responsibility for and coordinate with
such organizations in handling.
Where there are requests from other organizations attached to the Ministry
on handling issues which fall within the functions and tasks of such
organizations but relate to the domains under the Department’s management, the
Department shall be responsible for coordinating in handling.
Where there are issues which go beyond the competence of the Department
or have divergent opinions, the Director General shall report such issues to the
Minister or Vice Minister who are directly responsible for the Department for
direction.
4. Relationships between the Department and other relevant organizations
under the Ministry:
a) To coordinate with the Department of General Affairs on Legislation in
developing strategies on the formulation and completion of the legal system,
programs on elaboration of law; guiding, directing and examining the legal work
according to the law provisions; elaborating reports on evaluation and
summation of the general situation of law enforcement nationwide;
b) To take prime responsibility for and coordinate with the Department for
Information Technology in setting up and managing the Database on
examination of legal normative documents and applying information technology
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in the work of examination, review and systematization of legal normative
documents;
c) To take prime responsibility for and coordinate with the Department of
Personnel and Organization and other relevant organizations in conducting
professional training and fostering for officials and public servants working in
the field of examination, review and systematization of legal normative
documents according to the training plans which have been approved by the
Minister.
Article 5. Implementation Effect
This Decision shall take effect on the date of its signing. The Decision No.
908/QD-BTP dated June 13 2007 of the Minister of Justice promulgating
Regulation on Organization and Operation of the Department for Examination
of Legal Normative Documents shall be hereafter abrogated.
Article 6. Implementation Responsibility
The Chief Executive of the Ministry’s Office, the Director General of the
Department of Personnel and Organization, the Director General of the
Department for Examination of Legal Normative Documents, Heads of
organizations attached to the Ministry, Directors General of the Justice
Departments and Heads of Civil Judgment-Enforcement Agencies at provinces
and centrally-run cities shall be responsible for implementing this Decision./.
Recipients:
- As stated in Article 6;
- Prime Minister, Vice Prime Minister Truong Vinh Trong
(to report )
- Ministry of Home Affair, Office of National Assembly
(to co-operate )
- People’s Committees of Provinces, Centrally - managed
cities;
- Departments of Legal Affairs;
- Leader of Ministries;
- Office of Party Executive Committee (of the Ministry);
- Social-political organizations attached to the Ministry;
- Ministry of Justice’s Portal;
- For filing purpose: Archives, Department of Personnel
and Organization; Child Adoption Agency.
MINISTER OF JUSTICE
(signed)
Ha Hung Cuong