Nghị định 38-CP

DECREE

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

THE GOVERNMENT

- Pursuant to the Law on Organization of the Government dated September30, 1992 ;
- Pursuant to Government Decree No.15-CP dated March 2, 1993 onditties, powers and responsibilities for exercising State management of the Ministries andMinisterial-level offices;
- In consideration of the proposals of the Minister of Justice and theMinister-Head of the Government's Organization -Personnel Committee,

DECREES:

Article 1. The Ministry of Justice is a Government agency whichexercises uniform State management over legal affairs; formulates and participates indrafting laws; disseminates and promote the education of the laws ; exercisesorganizational control over the local People's Courts, the Military Courts of militaryzone and the equivalent levels, the Regional Military Courts (collectively called localCourts) ; provides training of and improve knowledge for providers of legal services andexercises management over other legal matters entrusted by the Government.

Article 2. The Ministry of Justice has the following duties andpowers:

1. In respect of drafting and participating in drafting laws :

Conducting a comprehensive programme for the formulation of laws,ordinances of Ministries, Ministerial-level offices and Governmental offices; coordinatingwith the Government Office in preparation of long-term and annual plans for drafting lawsand ordinances for the Government to be submitted to and decided by the National Assembly.

Submitting to the Government draft civil and criminal laws andordinances relating and other draft laws and ordinances assigned by the Government, aswell as implementing documents of the same.

Reviewing and providing for legal advice in respect of draft laws,ordinances and their implementing documents made by the Ministries, Ministerial-leveloffices and Governmental offices prior to the submission to the Government by theaforesaid offices.

Coordinating with the Government Office in organizing and monitoringthe work of systemizing legal documents.

Systemizing legal documents within the framework of the Ministry'sfunction, petitioning amendments and additions to or abrogation of legal documents whichare inappropriate with the Constitution and the laws.

2. Management of the local People's Courts:

Being responsible for the organizational structure, facilities,expenses, operational means and uniform management over the budget of the local Courts.

Submitting to the Government for decision on the strength of staff atthe local Courts after consultation with the Government’s Organization-PersonnelCommittee, the Judge of the People’s Supreme Court and the Minister of NationalDefence; stipulating the strength of staff for each of local Court after consulting withthe Judge of the People’s Supreme Court and the Minister of National Defence.

Drafting policies applicable to judges, jurors and other local Courtpersonnel and submitting the same to the competent authorities, providing guidance,supervising, controlling and dealing with the implementation of such policies.

After consultation and agreement with the Judge of the People’sSupreme Court and the Minister of the National Defence, submitting a list of members ofthe Council for selection of judges of the Provincial/City People’s Courts to theNational Assembly Standing Committee for decision; submitting to the State President forappointments, dismissals or removals of the Judges or Deputy Judges of the People’sCourts of provinces and centrally-ruled cities, districts, townships and provincialcapitals and the Military Courts of military zones and equivalent levels, and the RegionalMilitary Courts ; reviewing and proposing the appointments or dismissals of the judges ofthe Courts of provinces and centrally-ruled cities for the Council of selection of judgesto review and submit to the State President for decision.

Exercising its function of supervising local Court operations, theMinistry implements policies on rewards and disciplines in respect of individuals of thelocal Courts.

3. Organization and execution of civil verdicts:

The Ministry shall submit to the Government for promulgation of, orpromulgate within its authority, policies and legal documents guiding the implementationof civil verdicts; and shall be responsible for organizational structure, training andimproving professional skills, supporting facilities, expenses and means for theactivities relating to the execution of verdicts and the contingent of personnel engagedin such execution.

4. Other legal matters:

The Ministry exercises State management over organization andoperations of lawyers, notaries, assessors, household registration officers and otherlegal service providers ; it submits to the Government for decisions the regulations onthe organization and operations of lawyers, notaries and assessors' bodies (or makes thedecision itself with Government authorization); it exercises uniform control over formsand books relating to notaries, household registrations, legal statistics and legalpractice records ; and management over affairs relating to nationalities in accordancewith stipulations of ordinances.

5. Amicable settlements:

The Ministry shall submit to the Government for promulgation of, orpromulgate within its authority, documents guiding the amicable settlements of disputesamong people; direct, supervise and sum up any the activities of reconcilers’ groups.

6. Training, research, dissemination and promotion of law education:

Submitting to the Government for decision on and organizing theimplementation in long-term and annual programmes in dissemination and law, education ;coordinating with the Ministry of Education and Training in introducing the programme oflaw teaching in schools.

The Ministry shall design a plan for the training of civil servants ofthe legal branch for the whole country, provide training of juridical officers who may beuniversity graduates, post-graduates or holders of master's degrees in accordance withGovernment assignments; uniformly managing the improvement of professional skills forofficials of the Court, law and legislation bodies, lawyers, notaries, assessors,household registration officials and executors ; organizing legal researches and promotinglegal information.

7. International cooperation:

The Ministry shall submit programmes, plans and projects forinternational cooperation in the legal branch to the Government for decision ; It shallmanage, organize and monitor the implementation such programmes, plans and projects.

The Ministry shall also submit to the Government for decision on thesigning of and approvals for participation in international treaties or joininginternational organizations in the field of justice in accordance with Government’sstipulations.

8. Inspection and resolution of complaints/claims:

Exercising its functions, the Ministry shall inspect the implementationof policies and laws by offices, organizations and individuals.

Dealing with any complaints/claims and denouncements by citizens inaccordance with the Ministry's authority.

Article 3. The organizational structure of the Ministry of Justiceis composed of :

a. Bodies assisting the Minister in exercising State management :

1. The Ministry’s Office;

2. The Department for Planning and Finance ;

3. The Department for Management of Local Courts ;

4. The Department for Execution of Civil Verdicts ;

5. The Department for Management of lawyers and legal advisors ;

6. The Department for Management of notaries, legal assessments,household registration, nationalities, legal practice records ;

7. The Department for Criminal and Administrative Laws ;

8. The Department for Civil and Economic Laws ;

9. The Department for International Cooperation ;

10. The Department for Dissemination and Education of Laws ;

11. The Department for organization personnel and training ;

12. The Inspection Board.

b. Non-profit bodies under the Ministry :

1. The Institute for Research into Legal Science;

2. The Law College, Ho Chi Minh City Branch of the Law College ;

3. The Law Newspaper ;

4. The Democracy and Law Magazine.

The functions, duties, powers, organization and strength of staff ofthe units under the Ministry shall be stipulated by the Minister of Justice.

Article 4. The organization of the local legal system is stipulatedas follows:

1. At provinces and equivalent levels are Justice Departments; atdistricts and equivalent levels are Justice Bureaus; at communes and equivalent levels areJustice Boards.

Such Justice Departments, Bureaus and Boards are specialized unitsunder the People's Committees at the corresponding levels, their professional activitiesshall be subject to the direction from and management by the higher-level units.

2. In agreement with the Minister-Head of the Government's Organization- Personnel Committee, the Minister of Justice shall specify the duties, powers andorganizational structure of local legal units.

Article 5. This Decree comes into force as from the date of itspromulgation and replaces Decree No.143-HDBT dated November 22, 1981.

Article 6. The Minister of Justice, other Ministers, the Heads ofthe Ministerial-level Agencies and offices under the Government and the Presidents of thePeople's Committees of the provinces and centrally-ruled cities are responsible for theimplementation of this Decree.