Decree 22/2013/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Justice

Original Language Title: Nghị định 22/2013/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tư pháp

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Article 1. The position and function of the Ministry of Justice is the body of Government, the implementation of State management functions on the formulation and enforcement of laws, check out legal documents, administrative control, popular, education law; governance of civil enforcement, enforcement of administrative judgments, judicial administration, judicial support, State compensation in administrative management and execution and the work of the judiciary in the country; manage the work of enforcing laws on handling administrative violations; the State management in the field of public services in the scope of management of the State.

Article 2.  Duties and powers to the Ministry of Justice performs the duties and powers prescribed in Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and tasks, the following specific powers : 1. Process of Government bills, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly; the draft decrees, resolutions of the Government under the program, plans to build annual law was approved and the project, other projects as assigned by the Government, the Prime Minister; the signing, ratification, approval or accession and measures to ensure the implementation of international treaties in the name of or on behalf of the Government of the State of the industry, in areas the scope of governance.

2. The Government strategy, planning, programs, long term development plan, five years, annual and national important projects; the Prime Minister's decision, the draft directive on the sectors in the scope of management of the State.

3. Issuing circulars, directives, decisions and other documents in the scope of management of the State.

4. Steer, guide, test and implement the legal text, strategy, planning, program, plan, project, the project was approved in the State management of the range.

5. Regarding the formulation of the law: a) The draft Government strategy building, perfecting the legal system;

b) Formed the Government's proposal on the construction of laws and ordinances of the Parliament, the National Assembly Committee on issues in the scope of the functions, duties and powers of the Government; expected assigned agency chaired, coordinated the drafting to the Prime Minister, the Government decision; test, urging the drafting of the law project, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly by the Government;

c) appraisal of projects, the draft legal text, the draft international treaties in accordance with the law;

d) comments with respect to the rules of administrative procedures in the project, draft legal text as prescribed by law;

DD) participated in construction of the project, draft legal texts by the ministries, ministerial agencies and bodies, other organizations chaired drafting;

e) Guide, test, urge the ministries, ministerial-level agencies in making the proposal, the programme of building laws and ordinances of the Parliament, the Commission of the National Assembly; guide the ministries, ministerial agencies, people's councils and people's committees of provinces and cities under central (hereinafter the province) about the work of drafting, evaluation of the legal text.

6. About law enforcement: tracking a) instructions, test, urge the ministries, ministerial agencies, government agencies, provincial people's Committee in implementing the work of the law enforcement monitoring;

b) presiding, in cooperation with ministries, ministerial agencies, government bodies and bodies of relevant organizations to track law enforcement situation within the country and in areas of interdisciplinary management domain, there are many difficulties and problems, inadequacies in enforcement practices;  

c) tracking, urge the ministries, ministerial agencies draft text detailing the implementation of the law, Ordinance, Decree, the decision of the Prime Minister;

d) comments on the application of the legal texts as assigned by the Government, the Prime Minister.

7. About examining legal texts: a) check legal documents by Ministry, ministerial bodies, councils and the provincial people's Committee issued under the provisions of the law; the petitions process, handled by the authority or processed under the authorization of the Prime Minister with respect to the text that is unlawful;

b) directing, instructing, test, urging the implementation of the work check the legal text of the ministries, ministerial-level agencies and the provincial people's Committee.

8. On the classic French legal system: a) instructions, test, urging the implementation of the classical French organ made in France;

b) appraise the headings in The French dictionary; updated, removing the legal, the new headings in The French Kingdom in accordance with the law; the Government decided the French results through the classical theme of The French Kingdom and the addition of new topics on The classic French;

c) build electronic information Page of France; maintaining The classic French on the French electronic dictionary information Page; the management, promulgated the regulations on mobilizing social resources in getting published with the text.

9. Instructions, test, urging the implementation of revision, codification, merging legal texts.

10. Regarding administrative procedures: a) guide the control procedures; Guide, supervise, monitor, review and examine the implementation of administrative control of the ministries, ministerial-level agencies, provincial people's Committee;

 b) reviews and process your results about the administrative procedures prescribed by law; the study, proposed to the Government, the Prime Minister's initiative to reform administrative procedures and relevant regulations;

c) organization that receives, processes, reflect the recommendations of organizations and individuals about administrative regulations in the scope of management of the Government, the Prime Minister and of the bodies in the administrative system in accordance with the law;

d) building and management of a national database on administrative procedures; responsible for set-up, maintenance of the portal receives reflects recommendations, the results solve of administrative procedures on the basis of data on administrative procedures;

DD) control procedures and reception, processing reflects the recommendations of the individual, the organisation of administrative regulations in the scope of the management function in accordance with the law;

e) made the task of the Advisory Council to reform administrative procedures;

g) periodical General reports the Prime Minister about the situation, the results of the control activities in administrative procedures in the Ministry, local branches or unscheduled reports at the request of the Prime Minister.

11. Regarding the work of enforcing laws on handling administrative violations: a) General tracking and reporting work to enforce the law on handling administrative violations in accordance with the law;

b) presiding, in coordination with the ministries concerned, training guides, professional training in the implementation of the law on the handling of administrative violations; inspect the enforcement of laws on handling administrative violations in accordance with the law;

c) statistics, construction, management of a national database on the handling of administrative violations.

12. On the common, legal education and reconciliation at the grassroots: a) steer, guide and oversee the Organization of popular legal education;

b) perform the duties of the Coordinating Council of popular, legal education in Central;

c) recognition, dismissed reports of laws according to law provisions;

d) instructions, check on the Organization and mediation activities in the facility;

DD) Guide to building, managing, exploiting the law book in the communes, wards, towns, agencies, units, business and schools.

13. Regarding the enforcement of civil judgments, enforcement of administrative judgments: a) the management of the organizational, staffing and operation of civil enforcement agencies; the decision established dissolve the civil enforcement agencies;

b) Guide, professional training for Executive Member, verified members and other public servants to do the work execution;

c) Guide, professional training on the management of administrative execution;

d) decided to plan the allocation of funding, secured facilities, means of operation of civil enforcement agencies; guaranteed staffing, physical facilities, means for the management of the State for execution under the provisions of administrative law;

DD) issued and prepare statistics on civil enforcement, enforcement of administrative judgments;

e) report on the work of civil enforcement, enforcement of the judgment under the provisions of administrative law.

14. Regarding the administration of the judiciary (Registrar, citizenship, authentication): a) guidance on nationality, Registrar, authentication; issued and unified management forms, papers, books about nationality, Registrar, authentication;

b) track, the urge and examine the implementation of the legal provisions on nationality, Registrar, authentication;

c) settlement procedure on resign citizenship, naturalization or citizenship back Vietnam to the President under the provisions of the law;

d) solve the Registrar about prescribed by law;

DD) construction, management, database mining Registrar, citizenship, proof.

15. judicial history: About a) guide the professional criminal; issued and unified management forms, papers, books about criminal record;

b) track, the urge and examine the implementation of the provisions of criminal law;

c) database management criminal justice History Center in the country;

d) established the criminal, criminal Vote level, provides criminal information as specified.

16. On adoption: a) instructions, check the registration of adoption; enacting the uniform management, forms, papers, books about adoption;

b) solve the about adoption have foreign elements in accordance with the law;


c) level, extend, modify, revoke the operating licence of foreign adoption organizations and the Management Office of the foreign adoption in Vietnam;

d) performing the duties of the central authorities of Vietnam's international adoption.

17. legal assistance: a) tutorial, check out the Organization and legal assistance activities; prescribed forms, papers on legal aid;

b) elaborate and implement measures to support the development of legal assistance activities;

c) build and manage the operation of the legal aid Fund to Vietnam.

18. Regarding State compensation: a) guidance and answers to make State compensation law in administrative management activities, execution of judgments;

b) identifies the authorities responsible for compensation in the case of the victims have asked or don't have the consistency of liability in administrative management activities, enforcement of judgments between the ministries, ministerial-level agencies, provincial people's Committee;

 c) track, the urge to pay compensation and make repayment responsibilities prescribed by law;

d) in coordination with the competent State agencies implement managed state compensation work in proceedings under the provisions of the law.

19. On registration of transactions warrant: a) instructions, check the implementation of the registration of the secured transaction, announced the levy of property enforced; issued, manage and guide the use of these forms, paperwork, register of transactions warrant, informed levy of property enforced;

b) organize, guide and make the registration, provide information about the transaction guarantees, property leasing, announced the levy execution properties and other assets, transactions in accordance with the law;

c) build and manage national data system on the secured transactions under the Ministry of Justice.

20. About support of Justice (legal counsel, lawyer, notary, judge justice, property auctions and commercial arbitration): a) instructions, check the operation and organization of lawyers, legal advice, notary, judicial inspection, property auctions, commercial arbitration; guide the provincial people's Committee examined, handled the legal violations in the operation of legal advice, lawyers, notaries, judicial inspection, property auctions, commercial arbitration;

b) appointing, dismissing the notary; granted, revoked cards notary; level, certificate revocation, certificate auction practice practicing lawyers, licensed lawyers in Vietnam for foreign lawyers; gather, prepare and post a public list of the examiner of Justice and judicial authorities work on the electronic portal of the Ministry of Justice;

c) granted, revoked license branch, foreign law firms, license, license Center established branches, representative offices of foreign organizations in Vietnam; approve the rules of the Arbitration Centre; comments on the establishment of the judicial authorities established under the authority of the decision, the ministerial and local agencies;

d) manage the Organization and functioning of lawyers, legal advice, notary, judicial inspection, property auctions, commercial arbitration within the country;

DD) licensed vocational training establishment lawyers, certified vocational training establishments; regulatory framework of training the legal profession, the profession of notary, the auction profession;

e) enactment and uniform manual forms, papers on lawyers, legal advice, notary, judicial inspection, property auctions, commercial arbitration.

21. professional guide, check out the work of legislation, local branches, State enterprises and legal support for business; implementation of legal support for business under the provisions of the law.

22. Regarding international cooperation on law and justice: a) General, coordination, assessment of the content of programmes, plans, projects in partnership with foreign law; Guide and supervise the implementation of the examination works in partnership with foreign law; coordinate with relevant agencies to monitor, verify and evaluate the implementation of the content of programmes, plans, projects of cooperation with foreign law;

b) implementation of international treaties, international agreements and programmes, the international cooperation plan in the scope of the governance of the Ministry after being approved by the Government;

c) managed the work of judicial assistance on civil, criminal, extradition and transfer of people are criminal in prison between Vietnam and foreign countries; do clue performed the activities entrusted to international civil justice as prescribed by law;

d) made international cooperation in various fields in the scope of the governance provisions of the law;

DD) is the national agency in relation to the members and the permanent organs of the Conference La Or about international justice; do legal representatives for the Government in the dispute under the rules of international law or as assigned by the Government, the Prime Minister;

e) make the provision of legal opinions for the agreements, loan agreements, project, program, plan to handle external debt, the other international legal documents under legal provisions or be the prime delivery.

23. The construction and implementation of the plan of scientific research, development, and application of scientific research results in the legal reform, administrative reform, reform of the judiciary in the areas belonging to the range of State management.

24. The organization directing the implementation of the information technology applications in the areas belonging to the scope of the governance; the construction and development of national databases on the fields in the range of State management.

25. Regarding the governance of organizations performing public service in the areas belonging to the scope of the Department's governance: a) to organize, guide and implement the mechanisms, the policy on the provision of public services; on socialization of public service provision activities in the areas in the scope of the governance;

b) The Prime Minister about plans the public service career organization;

c) Guide, facilitate and support the implementation of the public service career activities in the areas belonging to the range of State management activities in accordance with the provisions of the law.

26. Management of associations, non-governmental organizations active in the field in the scope of the governance provisions of the law; hosted, in cooperation with the Ministry of the Interior approved the Charter of Union lawyers Vietnam.

27. Regarding the inspection, check: a) the inspection, checking the implementation of the policy, laws in the areas in the scope of the governance; check the implementation of decentralized management of the provincial people's Committee in the areas belonging to the scope of the governance;

b) complaints, accusations, petitions of citizens related to the areas within the governance of the Ministry;

c) made, anti-corruption, negative and handle violations of law in the areas belonging to the range of State management.

28. Regarding administrative reform: a) track, general implementing the task of institutional reform; perform the task of renewing and improving the quality of construction, issued legal documents;

b) chaired the task of implementing the reform of the administrative procedure according to the provisions;

 c) decisions and implementation of the plan of the Ministry of administrative reforms under the program, the plan State administrative reforms of the Government and the direction of the Prime Minister.

29. professional standards, construction of civil servants according to the standard, whether the occupations and industries in the official structure, the field to the competent bodies; issued standard occupations and structure in the field, industry officials and leadership titles standards, management of the professional bodies of the industry, in areas of provincial people's committees in accordance with the law; appointment, dismissal of Inquisitor, Executive Member and the other judicial positions in the Department's management authority.

30. Training Organization the law level; training judicial titles in accordance with the law; training, fostering professional expertise in the areas of management of the domain according to the provisions of the law.

31. Management Organization, staffing, job placement officer, the officer according to the occupations and the number of employees working in the unit, perform salary mode and the mode of remuneration policies, appointment, resignation, retirement, severance , reward, discipline, training, team building, training officers, public servants, employees of the Ministry in accordance with the law.

32. financial management, asset and the implementation of the budget is allocated according to the provisions of the law.

33. Perform other duties, other rights prescribed by law or by the Government, the Prime Minister.

Article 3. Organizational structure 1. Service General issues about building law.

2. Service-administrative criminal law.

3. Service civil law-economics.

4. Service of international law.

5. Service, popular legal education.

6. Service personnel.

7. international cooperation.

8. Financial planning.

9. Service emulation-rewarded.

10. The Ombudsman.

11. The Office.

12. the Directorate for enforcement of civil judgments.

13. The Bureau examined the legal text.

14. Administrative Control Bureau.

15. The Bureau, the Registrar of citizenship, proof.

16. The Bureau adopted.

17. the legal aid Bureau.

18. the national registration Bureau secured transactions.

19. State compensation Agency.

20. Auxiliary Justice Bureau.

21. The information technology Bureau.

22. The Bureau of the southern woes.

23. The Centre national judicial history.

24. The Institute of legal sciences.

25. The Judicial Academy.

26. The Journal of democracy and law.

27. Vietnam law Report.


The regulatory from clause 1 to clause 22 this is the organization that helps the Minister implement state management functions; the regulatory from account to account 23 27 this is the career Ministry organization.

The general problem of building law, the criminal law – administration, Common Services, legal education, international cooperation, international law was held 4 Rooms; Service of civil law-economics, Service personnel, Service Plan-finance was held 5.

The Minister of justice the Prime: functions, tasks, powers and organizational structure of the Directorate civil enforcement; issued the list of other public career organization rest directly.

The Minister of Justice issued decision functions, tasks, powers and structure of the units of the Ministry, except for units specified in Clause 12 of this Article.

Article 4. Effect 1. The Decree has effect from last May 1, 2013.

2. This Decree replaces Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice. Repeal of previous regulations contrary to this Decree.

Article 5. Transitional provisions 1. Civil Enforcement Bureau continue implementing existing laws regulations until new regulations on functions, tasks, powers and organizational structure of the unit.

2. Administrative Control Bureau continues to implement the existing laws until the Minister of Justice decides the functions, duties, powers and organizational structure of the unit.

Article 6. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies and people's Committee Chairman, central cities is responsible for the implementation of this Decree.