Nghị định 98/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tư pháp

DECREE

ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF JUSTICE

Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on functions, tasks, powers and organizational structure of Ministers and ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending Decree No. 123/2016/ND-CP; At the request of the Minister of Justice;

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

Article 1. Positions and functions

The Ministry of Justice (MOJ) is the government ministry in Vietnam responsible for state administration on development and implementation of laws and regulations, legal dissemination and education, examination of legal normative documents, control of administrative procedures; the execution of civil and administrative judgments, state compensation, judicial-administrative activities, judicial support, legal aid, legal works; the other public services of the domains under state management of the Ministry.

Article 2. Tasks and entitlements

The Ministry of Justice shall perform tasks and entitlements prescribed in Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on functions, tasks, powers and organizational structure of Ministers and ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending Decree No. 123/2016/ND-CP and the following specific tasks and entitlements:

1. Submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, draft decrees and resolutions of the Government, and decisions of the Prime Minister according to approved annual law-making programs and plans, and other projects and schemes as assigned by the Government or the Prime Minister.

2. Submit to the Government and/or the Prime Minister long-term, five-year and annual development strategies, planning, programs and plans and important national projects; submit to the Prime Minister draft decisions and directives on the domains under the Ministry's state management.

3. Promulgate circulars, decisions, directives and other documents under the Ministry’s state management.

4. Direct, guide, examine and organize implementation of approved legal normative document, strategies, planning, programs, plans, projects and schemes under the Ministry’s state management.

5. Regarding formulation of law:

a) Submit to the Government draft strategies and schemes on formulating and completing the legal system and organizing implementation of law;

b) Appraise, participate in the formulation of, and suggest for formulation of law/ordinance submitted by the Government and request for formulation of decrees; make the Government's proposals for law/ordinance formulation program for the issues within functions, tasks, and entitlements of the Government; plan presiding agencies and cooperating agencies of drafting a bill/ordinance and submitting them to the Prime Minister for decision;

c) Appraise, participate in the elaboration of, and comment on draft legal documents, give opinions on requests for application of simple procedures to circulars of ministers and heads of ministerial agencies in accordance with law;

d) Preside over and cooperate with ministries and ministerial agencies in preparing the Government's opinions about the request for formulation of law/ordinance not submitted by the Government and Government's opinions about the proposals for law/ordinance submitted by deputies of the National Assembly as prescribed by law; preparing the Government's opinions about the bill/ordinance not submitted by the Government as assigned by the Prime Minister;

dd) Make lists of documents elaborating 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; notify People's Councils and the People's Committees of provinces and central-affiliated cities (hereinafter referred to as “the Provincial People's Councils and People's Committees) of lists of contents to be assigned to local authorities for elaboration;

e) Guide, monitor, urge and inspect the formulation of law of ministries, ministerial agencies and local authorities as prescribed by law.

6. Regarding monitoring of implementation of law:

a) Take charge and cooperate with ministries, ministerial agencies, Governmental agencies, relative agencies and organizations in monitoring the overall progress of implementation of law nationwide; monitoring the implementation of law within the Ministry’s jurisdiction or as assigned by the Government or Prime Minister and interdisciplinary matters that face many difficulties during implementation;

b) Formulate Plans on monitoring the implementation of law in the key and interdisciplinary domains to be submitted to the Prime Minister for consideration and promulgation; assume the prime responsibility for organizing the implementation of these plans and report them to the Prime Minister according to regulations;

c) Direct, guide, urge and inspect ministries, ministerial agencies, government agencies and the Provincial People's Committees in monitoring the implementation of law and handling results thereof; summarize, study and request the Government or the Prime Minister to take actions after having the results of monitoring of law implementation for issues within the jurisdiction of the Government or the Prime Minister;

d) Elaborate the consideration and assessment of the progress of implementation of law according to regulations; give opinions on the application of legal normative documents as assigned by the Government or the Prime Minister.

7. Regarding legal dissemination and education as well as grassroots conciliation:

a) Direct, guide, organize implementation of legal dissemination and education; perform tasks of standing body of the Central Council for Cooperation in Dissemination and Education of Law; recognize or dismiss legal presenters in accordance with law;

b) Direct and guide the assessment and recognition of communes, wards and towns meeting the standards for accessibility of law;

c) Direct, guide, organize and inspect the implementation of regulations of law on grassroots conciliation; provide professional guidance on grassroots conciliation.

8. Generally monitor and report the implementation of law on information access; guide, monitor, urge, inspect ministries, ministerial agencies, Governmental agencies and the People’s Committees at all levels in terms of provision of information and the progress of providing information of these agencies.

9. Regarding examination of legal normative documents:

a) Assist the Government in examining legal normative documents promulgated by ministries, ministerial agencies, the Provincial People's Councils and People’s Committees and local authorities in special administrative-economic units; propose handling of illegal documents according to the provisions of law;

b) Direct, guide, urge and inspect the examination of legal normative documents of ministries, ministerial agencies and the Provincial People’s Committees.

10. Regarding codification of the legal system:

a) Guide, inspect and urge codification of agencies responsible for codification;

b) Appraise entries in the Official Law Dictionary; update and remove new entries and regulations in the Official Law Dictionary in accordance with provisions of applicable laws; submit to the Government the decision on approval of results of codification of the topics of the Official Law Dictionary and addition of new topics to the Official Law Dictionary; propose addition of new entries to the Prime Minister for decision in accordance with provisions.

11. Direct, guide, urge and inspect the reviewing, systematization and consolidation of legal normative documents in accordance with law.

12. Regarding control of administrative procedures:

a) Provide professional guidance on assessment of impacts of administrative procedures; assess impacts of administrative procedures in making proposals for formulating legal normative documents and drafting legal normative documents under the Ministry's competence in accordance with law;

b) Review, assess and handle results of review of administrative procedures within the Ministry’s management as prescribed by law; study and propose to the Government and the Prime Minister initiatives on reform of administrative procedures and relevant regulations within the Ministry’s management;

c) Receive and process reports and proposals of organizations and individuals on administrative regulations under the management of the Ministry of Justice in accordance with law;

13. Regarding enforcement of law on handling of administrative violations:

a) Generally monitor and report the enforcement of law on handling of administrative violations in accordance with regulations of law;

b) Take charge and cooperate with relative ministries and central authorities in instructing and training in the implementation of the law on handling of administrative violations; inspecting the enforcement of law on handling of administrative violations in accordance with regulations of law.

14. Regarding civil judgment enforcement and administrative judgment enforcement:

a) Manage the organizational structure, personnel and operation of civil judgment enforcement agencies; decide the establishment and dissolution of civil judgment enforcement agencies as prescribed; supervise, expedite and inspect the compliance with law on administrative procedures by Ministries, ministerial agencies, Governmental agencies and the People's Committees of provinces;

b) Provide professional guidance and training for Enforcers, Examiners and other officials performing civil judgment enforcement work;

c) Provide professional guidance and refresher courses on management of administrative judgment enforcement;

d) Decide plans on allocation of funds and assurance of physical foundations and means of operation of civil judgment enforcement agencies; ensure personnel, physical foundations and means for the state management of administrative judgment enforcement in accordance with law;

dd) Promulgate and implement regulations on statistics on civil and administrative judgment enforcement;

e) Report the civil and administrative judgment enforcement in accordance with regulations of law.

15. Regarding state compensation:

Be responsible for state management of state compensation and perform other tasks and entitlements related to state compensation according to regulations of law.

16. Regarding civil status, citizenship and authentication work:

a) Provide direction and professional guidance on civil status, citizenship, and authentication:

b) Monitor, urge and inspect the implementation of regulations of law on civil status, citizenship and authentication;

c) Settle procedures for applying for Vietnamese citizenship, regaining Vietnamese citizenship or renouncing Vietnamese citizenship, or depriving Vietnamese citizenship, or annulling decisions on naturalization in Vietnam in accordance with law;

d) Handle works related to civil status, citizenship and authentication in accordance with law.

17. Regarding criminal records:

a) Direct, guide, urge and inspect the implementation of regulations of law on criminal records;

b) Receive, process and provide information on criminal records; issue Criminal Record Certificates according to the Ministry’s competence.

18. Regarding adoption:

a) Guide and inspect the child adoption registration;

b) Handle works related to child adoption involving foreign elements in accordance with law;

c) Issue, renew, revise and revoke Operation Licences of organizations operating foreign child adoption and manage foreign child adoption offices in Vietnam.

d) Perform tasks of the Central Agency on International Child Adoption of Vietnam.

19. Regarding judicial affairs support:

a) Provide guidelines for and inspect the organization and operation of lawyers, legal consultancy, notary, judicial expertise, auction of property, commercial arbitration, commercial mediation, bailiff and asset management officers; instruct the People's Committees of provinces to inspect and handle violations against law on operation of lawyers, legal consultancy, notary, judicial expertise, auction of property, commercial arbitration, commercial mediation, bailiff and asset management officers;

b) Make appointment, re-appointment and dismissal of notaries, bailiff; re-issuance and revocation of bailiff's cards; issuance and revocation of auction practicing certificates, asset management practicing certificates, lawyer's practicing certificates, lawyer's practicing licence in Vietnam applied to foreign lawyers; compilation, establishment and publication of general lists of judicial assessors and judicial assessment organizations put in case order on the web portal of the Ministry of Justice; establishment, announcement and management of lists of asset management officers, and asset management and liquidation enterprises nationwide;

c) Grant and revoke Licenses for establishment of foreign law branches or firms, Licenses for establishment of Arbitration Centers, Licenses for establishment of Branches or Representative Offices of foreign arbitration institutions in Vietnam, Licenses for establishment of Commercial Mediation Centers or Licenses for establishment of Branches or Representative Offices of foreign commercial mediation institutions in Vietnam; give opinions on the establishment of public judicial expertise institutions under the deciding competence of ministries, ministerial agencies or local authorities;

d) Be responsible for the state management of organization and operation of lawyers, legal consultancy, notary, judicial expertise, auction of property, commercial arbitration, commercial mediation, bailiff and asset management officers nationwide;

dd) Grant licences for establishment of lawyer training institutions; prescribe a framework program on training for lawyers, notary, auctioneers and bailiffs.

20. Regarding registration of security measures:

a) Take charge and cooperate with relevant ministries and agencies in providing guidance for and inspect registration, provision and exchange of information on registration of security measures, registration of other transactions and assets according to regulations of law;

b) Manage registration, provision of information on registration of security measures with movable assets other than aircraft, vessels and securities already registered for concentration; and registration of other transactions and assets in accordance with law;

c) Establish, manage and operate the Online Registration System and the database of security measures of the Ministry of Justice.

21. Regarding legal aid:

a) Monitor, guide and inspect organization and operation of legal aid;

b) Formulate supporting measures for the development of legal aid and organize implementation thereof; communicate legal aid;

c) Require the State Legal Aid Center to provide legal aid in accordance with the law.

22. Regarding legislation work:

a) Guide and inspect legislation work of ministries, central authorities, local authorities and state enterprises;

b) Cooperate in performing legislation work at state agencies, central agencies of socio-political organizations, socio-political-professional organizations, socio-professional organizations according to regulations of law.

23. Assist the Government in performing the unified state management of legal aid for small and medium-sized enterprises nationwide; formulate and execute interdisciplinary legal aid programs for small and medium-sized enterprises; provide legal aid for small and medium-sized enterprises in accordance with law.

24. Regarding international law:

a) appraise and comment on draft international treaties; preside over participation in negotiation of international treaties and international contracts, and provide comments on draft international agreements and international contracts in accordance with law;

b) Give legal opinions about international treaties, international agreements, Government guarantees and investment projects as prescribed by law or other cases as assigned by the Government or the Prime Minister;

c) Participate in handling international legal issues arising during the period of international integrantion of Vietnam;

d) Act as the national focal point for the implementation of the International Covenant on Civil and Political Rights (ICCPR); implement the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; the National Body in relation to the members and the Permanent Body of the Hague Conference on Private International Law and other conventions on legal and judicial affairs in which Vietnam is a signatory as assigned by the Government;

dd) Assist the Government in performing the unified state management of mutual legal assistance and perform tasks related to mutual legal assistance in accordance with law on mutual legal assistance.

25. Act as the legal representative office of the Government in settling international investment disputes.

26. Regarding international cooperation in legal and judicial affairs:

a) Assist the Government in performing the unified state management of international cooperation in reforming legal and judicial affairs nationwide in accordance with the law; carry out international cooperation and external information under the Ministry’s state management in accordance with law;

b) Appeal to the Government for signing, ratification, approval of or accession to and security measures for implementation, termination, suspension, cancellation of or withdrawal from international treaties in the name of the State or the Government within the domain of the Ministry of Justice;

c) Propose the participation in international organizations; act as the national focal point of Vietnam in relations with international legal and judicial organizations to which Vietnam is a member as assigned by the Government.

27. Regarding administrative reform:

a) Supervise and sum up the performance of institutional reform tasks; renew and improve the quality of the elaboration and promulgation of legal normative documents;

b) Decide and organize implementation of administrative reform plans of the Ministry of Justice according to programs and state administrative reform plans of the Government and direction of the Prime Minister.

28. Promulgate, manage and guide uniform use of forms, documents and books in domains under the Ministry’s state management in accordance with law.

29. Manage associations and non-governmental organizations operating in domains under the Ministry's state management in accordance with law; take charge and cooperate with the Ministry of Home Affairs in approving the Charter of the Vietnam Bar Federation and the Charter of the Vietnam Association of Notaries.

30. Be responsible for state management of public services in domains under the Ministry's state management; supervise, evaluate and verify the quality of public services and the operational efficiency of public service providers in domains under the Ministry’s management.

31. Carry out inspection, settle complaints and denunciations, organize receptions of citizens, prevent and combat corruption and negativity, and handling law violations in the fields of competence. State management of the ministry in accordance with the law.

32. Organize and direct the application of information technology, digital transformation, ensure information security, build e-Government and digital government of the Judiciary branch; manage specialized websites; manage, build, develop, use and protect the national database in domains of administrative violation handling, criminal records, notarization, registration of security interests, and legal support for small and medium-sized enterprises, civil status and other domains under the Ministry’s state management in accordance with law.

33. Develop and organize the implementation of scientific research plans, development and application of legal scientific research results to legal reform, administrative reform, judicial reform and building of a socialist rule-of-law State; perform legal science information work in domains under the Ministry’s state management.

34. Organize training at all levels in law, training for judicial titles in accordance with the law; professional training and refresher courses of domains under the Ministry’s state management in accordance with law.

35. Manage its organizational apparatus, working positions, structure of officials by rank, organization of officials in accordance with job titles; quantity of officials and employees of public service providers as prescribed by law; implement the salary regime and policies on remuneration, appointment, dismissal, retirement, severance, reward, discipline, training, refresher and development of groups of officials and public employees under the ministry as prescribed by law; appoint and dismiss Verifiers, Enforcers and other judicial titles under the Ministry's management.

36. Manage allocated finance, asset, public investment and organize implementation thereof as prescribed by law.

37. Organize implementation of statistics work, archive of documents and data on domains under the Ministry’s state management as prescribed by law.

38. Perform other tasks and entitlements assigned by the Government or Prime Minister in accordance with law.

Article 3. Organizational structure

1. Department of General Affairs on Legislative Development.

2. Department of Criminal and Administrative Legislation.

3. Department of Economic-Civil Legislation.

4. Department of International Legislation.

5. Department of Personnel and Organization.

6. Department of International Cooperation.

7. Department of Child Adoption.

8. Inspectorate of the Ministry of Justice.

9. Office of the Ministry.

10. General Department of Civil Judgment Enforcement.

11. Department of Legal Dissemination and Education.

12. Department of Examination of Legal Normative Documents.

13. Department of management of administrative penalties and legal enforcement supervision.

14. Department of Civil Status, Citizenship, Authentication

15. Department of National Legal Aid.

16. Department of National Registry of Secured Transactions.

17. Department of State Compensation.

18. Department of Judicial Support.

19. Department of Planning and Finance.

20. Department of Information Technology.

21. National Center for Criminal Record.

22. Institute of Law research.

23. Judicial Academy.

24. Democracy and Law Journal.

25. Vietnam Law Newspaper.

Organizations prescribed in clause 1 through clause 20 of this Article shall, acting as administrative organizations, assist the Minister in providing state management; organizations prescribed in clause 21 through clause 25 of this Article shall, acting as public service providers, organize state management under the Ministry.

The Department of General Affairs on Legislative Development has 4 divisions, the Department of Criminal and Administrative Legislation has 3 divisions, the Department of Economic-Civil Legislation has 4 divisions, the Department of International Legislation has 4 divisions, the Department of Personel and Organization has 5 divisions and the Department of International Cooperation has 3 divisions.

The Minister of Justice shall appeal to the Prime Minister to promulgate a decision on functions, tasks, powers and organizational structure of the General Department of Civil Judgment Enforcement and promulgate a list of other public service providers under the Ministry.

The Minister of Justice shall promulgate decisions on functions, tasks, powers and organizational structures of units under the Ministry, except for units under the deciding competence of the Prime Minister.

Article 4. Transitional regulations

Department of Emulation and Commendation, Department of Legal Dissemination and Education, Department of Child Adoption and Representative Office of Ministry of Justice in Ho Chi Minh city shall continue to perform their tasks until the Minister of Justice promulgates a decision on functions, tasks, powers and organizational structures of the Department of Personnel and Organization, the Office of the Ministry, the Department of Legal Dissemination and Education and Department of Child Adoption.

Article 5. Effect

1. This Decree takes effect from January 01, 2023.

2. This Decree replaces Decree No. 96/2017/ND-CP dated August 16, 2017 of the Government of Vietnam on function, tasks, powers and organizational structure of the Ministry of Justice of Vietnam.

Article 6. Responsibility for implementation

The Minister of Justice, Ministers and Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.