Quyết định 12/2008/QD-BNN

DECISION

REGARDING FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF LEGAL DEPARTMENT

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree 01/2008/ND-CP dated 3/1/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Agriculture and Rural Development;
Pursuant to Decree 122/2004/ND-CP dated 18/5/2004 of the Government regulating functions, duties, powers and organizational structure of legislation divisions under Ministries, ministerial Agencies, Government Agencies, Agencies under Provincial People’s Committees, and State- owned Enterprises;
Pursuant to Article 16 Decree 178/2007/ND-CP dated 3/12/2007 of the Government regulating functions, duties, powers and organizational structure of  Ministries and Ministerial Agencies;
Upon request of Director General of Personnel Department,

HAS DECIDED

Article 1. Position and function

Legal Department is the consultancy unit to assist the Minister in implementing State administrative duties in agriculture and rural development sector by legislations on agriculture, forestry, salt making, fisheries, irrigation, and rural development affairs under the Ministry’s administration scope.

Article 2. Duties and powers

1. Establishment of legislations

a). To be in charge and cooperate with relevant units to draft long-term and annual plans on establishment of legislations as well as supervise, monitor and inspect the implementation of such programs and plans approved;

b). Draft legal normative documents as assigned by the Minister;

c). To be in charge of conducting legal examinations to relevant legal documents to be issued by the Minister and inter-ministerial documents compiled by an Unit under the Ministry and  to which the Ministry is a signing party, before submission to the Minister. With regard to legal documents drafted by Legal Department, examination shall be conducted by  Council regime;

d). To be in charge or cooperating with relevant units to prepare materials and files of draft legal  texts under issuing competence of superior agencies and submit the Minister. The Minister shall requests relevant organizations, institutions and individuals to give their comments, and propose Ministry of Justice to appraise before submission to the Government, Prime Minister;

e). To be in charge or cooperating with relevant units to assist the Minister in giving comments to draft legal documents received from the Government administrative Office or other Ministries and Ministerial Agencies;

2. Review and systemization of legal normative documents

a). To be in charge or cooperating with  relevant units to establish plans for review and systemization of legal normative documents within the Ministry’s administrative scope and supervise, speed up the implementation of the plans approved;

b).Review and systemization of legal normative documents assigned by the Minister;

c). Synthesize results of legal document review and submit the Minister.

3. Examination of legal normative documents;

a). To be in charge or cooperating with relevant units to establish plans for Examination of legal normative documents related to the aspects and sectors under Ministry’s administrative scope which will be issued by the Minister or inter-ministerially issued, or issued  by other Ministries, provincial People’s Committees, and supervising and inspecting implementation of the plans approved.

b). examine and give reports on  results of legal examinations to documents related to aspects and sectors under Ministry’s administrative scope as assigned by the Minister;

c). Synthesize and report results of legal document examinations and give proposals on handling of such documents to the Minister.

4. Legal dissemination

a). To be in charge and cooperating with relevant units to establish plans for dissemination of legislations according to aspects and sectors under Ministry’s administrative scope and supervising and inspecting implementation of the plans approved.

b). Hold legal dissemination courses as assigned by the Minister;

c). To be the standing Unit of the Ministry’s Legal Dissemination Council.

5. Inspection of legal enforcement:

a). To be in charge and cooperating with relevant units to establish plans for Inspection of legal enforcement according to aspects and sectors under Ministry’s administrative scope and supervising and inspecting implementation of the plans approved.

b). Inspect legal enforcement as assigned by the Minister;

c). Synthesize results of inspections on enforcement of legislations related to aspects and sectors under Ministry’s administrative scope  which are provided by relevant Units under the Ministry;

d). Give comments to judgments on violations related to aspects and sectors under Ministry’s administrative scope  as assigned by the Minister.

6. To be in charge or cooperating with relevant units to inspect, assess and review enforcement and compliance of policies and legislations related to Ministry’s administrative scope  as assigned by the Minister.

7. Participate in appraising international projects and treaties; plans for establishment, reorganization or disintegration of an Unit under the Ministry as assigned by the Minister or proposed by an institution which is competent to appraise projects and plans.

8. Take part in  Councils for evaluation of programs and projects on basic investigations, planning, investment to development of agriculture, forestry, fisheries, salt making, irrigation and rural areas as assigned by the Minister.

9. Give guidelines on legal normative documents under the Ministry administrative scope to relevant organizations and individuals upon requested and in accordance with legislations.

10. Conduct relevant duties on international cooperation in legislations as assigned by the Minister;

11. Give professional guidance on legal jobs to relevant Units under the Ministry.

12. Manage officials, archives, property and other sources as assigned and in accordance with  relevant regulations.

13. Conduct other duties as assigned by the Minister.

Article 3. Organizational Structure

1. Legal Department leadership

The department leadership includes a Director and Deputy Directors appointed and suspended by Minister of Agriculture and Rural Development in accordance with regulations

The Director shall  manage and be responsible for overall operations of the Department,  to the Minister of Agriculture and Rural Development and to legislation.

Deputy Directors shall assist Director to supervise and direct certain activities as assigned by the Director and shall be responsible for the duties assigned to the Director and to legislations.

2. Department’s Staff  shall be responsible for implementation of duties assigned; have rights and obligations in accordance with legislations;

The Director shall  be responsible for directing establishment, issuance and implementation of the department’s working Regulation; arrange staff appropriate to their positions, expertise, qualifications and duties assigned.

Article 4. Implementation

This Decision shall be effective 15 days after being posted on Official Gazette; The Decision  85/2003/QD-BNN dated 4/9/2003 of the Minister of Agriculture and Rural Development regulating functions, duties, powers and organizational structure of the Legal Department and other previous documents which are contrary to this Decision shall be abolished.

Article 5. Executive responsibility

Director of Legal Department, Chief of the Ministry’s Administrative Office, Chief of Ministry’s Inspection, Directors of relevant Departments and Directorates shall be responsible for implementing this Decision.