MINISTRY OF JUSTICE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No.1244/QD-BTP
Hanoi, 09 June 2009
DECISION
Stipulating Functions, Responsibilities, Powers and Organizational
Structure of the Democracy and Law Journal
MINISTER OF JUSTICE
Pursuant to Law on the Press in 1989 and Law on amendment and
supplement some article of Law on the Press in 1999;
Pursuant to Decree No. 93/2008/ND-CP dated 22 August 2008 of the
Government prescribing the functions, duties, powers and organizational
structure of the Ministry of Justice;
At the proposal of the Director General of the Department of Organization
and Personnel and Editor-in-chief of Democracy and Law Journal, hereby
DECIDES:
Article 1. Functions
1. Democracy and Law Journal (hereafter referred to as Journal) is an
agency of the Ministry of Justice, which performs information function and is a
research forum for discussion about jurisprudence, theoretical and practical
information on drafting and implementing laws and judicial missions,
contributing to dissemination of the Party's policies and law of the State, serving
the requirements of state management, meeting the people's demand on legal
research and understanding so as to enhance the effectiveness and efficiency of
state management by law, to strengthen legal system, to promote democracy, to
implement social equality and to build a Vietnam socialist rule of law state.
The Journal is under direct management and direction of the Ministry of
Justice, and under state management on newspaper of the Ministry of
Information and Communications.
2. The Journal is a state business organization attached to the Ministry of
Justice. The Journal's headquarter is located in Hanoi. The Journal is a legal
entity which has its own seal and accounts in the State Treasury and at banks as
stipulated by the law.
Article 2. Duties and Powers
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The Journal shall undertake the following duties and powers:
1. To develop and submit to the Minister long-term, five-year and annual
working plans of the Journal; take part in developing strategies, master plans,
long-term, five-year and annual plans of the Judicial Branch;
2. To take a leading responsibility or take part in building projects, draft of
documents on organizations and activities of the Journal; take part in drafting,
appraisal and giving comments on projects, draft documents assigned by the
Minister;
3. To implement plans, projects, documents after being approval by the
Minister and other documents relating to organization and operation of the
Journal;
4. To edit, publish, deliver priodical journals, journal on special subjects
and other publications in comformity with approved principles, purposes,
functions, plans and license of the Journal’s granted by a competent authority;
5. To establish forums for discussion about jurisprudence, theoretical,
professional and practical information on drafting and implementing laws and
judicial activities;
6. To disseminate policies of the Party, law of the State; reflect and guide
public opinions on drafting and implementing laws and judicial activities
through the Journal’s operation;
7. To detect, praise advanced symbolic good men, good actions, new agents
in drafting and implementing law and in performing judicial activities; to
struggle and prevent legal infringements and negative phenomenon in society;
8. To take a leading role or take part in researching scientific projects
within the assigned scope; organize or coordinate to organize seminars,
workshops to clarify theoretical and practical issues in law drafting and
implementing and in performing judicial activities;
9. To undertake business and service operations which are suitable with the
Journal’s functions, duties and powers as stipulated by laws;
10. To implement international co-operation within the Journal’s functions,
duties as stipulated by the law and decentralized by the Ministry;
11. To participate in training, staff improvements, legislative dissemination
and education in accordance with legal regulations and decentralization of the
Ministry;
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12. To implement emulation, commendation, reward and manage the
Journal’s officials, collaborators and employees’ according to provisions of the
law and decentralization from the Ministry;
13. To settle complaints and denunciations; prevent corruption and wrong
doings; practise economy, prevent waste in the Journal’s activities as stipulated
by the law and decentralized by the Ministry;
14. To comply with financial and accounting procedures and manage the
Journal’s assets according to provisions of the law and as assigned by the
Ministry;
15. To undertake the inception sum up, summarize and implement
reporting procedures and to take statistics on organization and operation of the
Journal as stipulated by the law;
16. To implement other tasks as stipulated by the law or assigned by the
Minister.
Article 3. Organizational Structures and Staffing Table
1. The Journal’s organizational structure
a) The Journal’s Leaders:
The Journal’s leaders consist of an Editor-in-chief and no more than 3
Deputies.
The Editor-in-chief shall be responsible to the Minister and to the law for
performing of assigned functions, powers and duties of the Journal.
The Deputies assist the Editor-in-chief in managing, executing activities of
the Journal; be assigned by the Editor-in-chief to directly undertake management
of a number of fields of the Journal; and be accountable to the Editor-in-chief
and to the law for their assigned fields of work.
b) Organizations attached to the Journal:
- Editorial Board;
- Journal Office’s Secretariat;
- Editorial Office.
According to work requirements and conditions, representatives or resident
offices of the Journal might be established in some localities in accordance with
laws.
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The establishment, mergence, dissolution of the above-mentioned are
decided by the Mininster based on proposals of the Editor-in-chief of the
Journal and the Director General of the Department of Organization and
Personnel.
c) The Editor-in-Chief decide to establish, merge, dissolve the state
business attached to the Journal after being approved by the Minister to
undertake services which are suitable with assigned functions and duties in
accordance with laws.
d) Functions, duties, power and relationship between organizations attached
to the Journal are decided by the Editor-in-Chief.
2. Staffs of the Journal belongs to state business’s staff of the Ministry of
Justice, and they are decided by the Minister based on proposal of the Director
General of the Personnel Department and the Editor-in-Chief of the Journal.
Article 4. Responsibilities and Working Relationship
Responsibilities and working relationship between the Journal and the
Ministry's leaders, organizations attached to the Ministry, Justice Departments,
Civil judgment execution agencies at provinces and centrally-managed cities,
other relevant organizations, individuals shall be implemented in accordance
with the Working Regulation of the Ministry and the following specific
provisions:
1. The Journal shall be under direct guidance of the Minister, Deputy
Minister assigned to undertake management the Journal; It shall implement,
report and shall be responsibile to the Minister and to the laws for implementing
assigned duties.
2. The Journal is the subject, which shall take independent responsibility to
rights and obligation arising from the relationship with organizations when
implementing taks and powers of the Journal as stipulated by the law and
decentralized by the Ministry.
3. During the course of undertaking duties, powers stipulated in the Article
2 of this Decision, wherever issues concerning the functions, duties and powers
of other agencies attached to the Ministry arisen, the Journal shall take the
leading role in cooperation with the agency in question to settle..
When receiving requirements from other agencies attached to the Ministry
in implementing the agencies’ functions, duties and rights relating functions and
powers of the Journal, the Journal shall be responsible for co-ordination.
In the case that arisen issue is beyond competence of the Journal or there
are different views between the Journal and agencies concerned, the Editor-in-
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Chief shall be responsible to report and seek guidance of the Minister or the
Deputy-Minister-in-charge.
4. Working relationship between the Journal and other relevant agencies
under the Ministry:
a) To coordinate with Department of Law Dissemination and Education in
assisting the Minister to undertake duties of press management of the Ministry
as stipulated by the law;
b) To take a leading role or to coordinate with other organizations attached
to the Ministry in informing and disseminating on the Journal judicial activities.;
c) To take a leading role or to coordinate with the Personnel Department in
strengthening of organization, management and use the Newspaper’s staffs and
employees in accordance with laws and decentralization of the Ministry;
d) To coordinatie with the Planning and Finance Department to implement
financial and accounting policies and procedures as stipulated by the law.
Article 5. Implementation Effect
This Decision shall come into effect on the date of its signing. The
Decision number 922/QĐ-BTP dated 14 June, 2007 of the Ministry of Justice on
the issuance of the Regulation on organizational structure and operation of
Democracy and Legal Journal shall be hereafter abrogated.
Article 6. Implementation Responsibities
Chief Executive of the Ministry’s Office, the Director General of the
Department of Organization and Personnel Department, Editor-in-Chief of
Democracy and Law Journal, Directors General of agencies under the Ministry,
the Directors General of the Justice Departments, Heads of Civil Judgment
Execution Agencies at provinces and centrally-managed cities shall be
responsible for implementing this Decision./.
To:
- As stated in Article 6;
- Ministry of Information and Communications;
- Deputy Ministers;
- Office of Ministry Party Committee;
- Socio-political organizations under the Ministry of
Justice;
- The Ministry of Justice’s Portal;;
- Filling at: Archive of Administration Office, Department
of Organization and Pesonnel, Democracy and Law
Journal.
THE MINISTER
(signed)
Ha Hung Cuong