The Decree 118/2004/nd-Cp: Functions, Tasks, Powers And Organization Of The Ministry Of Legal Affairs, Ministerial-Level Agencies, Government Agencies, Specialized Agencies In The Provincial People's Committee, The City Of Tr. ..

Original Language Title: Nghị định 122/2004/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và tổ chức pháp chế các Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ, cơ quan chuyên môn thuộc ủy ban nhân dân tỉnh, thành phố tr...

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The DECREE stipulates the functions, duties, powers and organization of the Ministry of Legal Affairs, ministerial-level agencies, government agencies, specialized agencies in the people's committees of provinces and cities under central and State enterprises _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law enacting the legal text on 12 November 1996 and Act No. 2/2002/QH11 on 16th December 2002 amending and supplementing some articles of the law enacting the legal text;
According to the recommendation of the Minister of Justice and Minister of the Interior, the DECREE: chapter I GENERAL PROVISIONS article 1. The object and scope of this Decree stipulates the functions, duties, powers and legal organizations in ministries, ministerial agencies, government agencies, specialized agencies in the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) and State enterprises.
Article 2. The function of legal organizations 1. Legal organizations in ministries, ministerial agencies, government agencies, specialized agencies in the provincial people's Committee has the function to help Ministers, heads of ministerial agencies, heads of government agencies, heads of specialized agencies in the provincial people's Committee in implementing the governance by law in the industry , the field was delivered; oversee the Organization of construction law, appraisal, scrutinize, codified the legal text, check the legal text, popular, legal education, law implementation inspection and perform other work assigned.
2. legal organization in State enterprises can function helps the Board, General Manager, Enterprise Manager on legal matters and other issues related to the operation of the business.
Chapter II mission, the ORGANIZATION'S LEGAL POWERS article 3. The duties and powers of the legal organization of ministries, ministerial agencies 1. In construction law: a) presiding, in cooperation with the relevant units scheduled building programs annual law and the long-term process of Ministers, heads of ministerial agencies and institutions building program implementation of laws;
b) chaired or participated in drafting the legal documents according to the assignment of the Minister, the heads of ministerial agencies;
c) appraise or join legal opinions for the draft legal text by other units in ministries, ministerial agencies drafted before the Ministers, heads of ministerial agencies;
d) presided, in cooperation with the relevant units to prepare records of the draft legal text to Ministers, heads of ministerial agencies suggest that the Organization, the Agency contributed comments, suggest the Justice Department evaluation and the Government, the Prime Minister;
DD) hosted, in cooperation with the relevant units to help the Ministers, heads of ministerial agencies participate in comments for the draft legal text by Ministry, ministerial bodies, government agencies or local send comments.
2. in reviewing, codified the legal text: a) presiding, in cooperation with the relevant units of your organization, the codified legal texts related to the field of management of the Ministry, ministerial bodies;
b) The Ministers, heads of ministerial agencies process results reviewing legal documents.
3. In examining legal texts: a) presiding, in cooperation with the relevant units in helping Ministers, heads of ministerial agencies inspect, handle legal documents under the provisions of the law;
b) reported test results legal text for Ministers, heads of ministerial agencies and submitted to the Minister of Justice; in collaboration with the unit of the Ministry of Justice held to check the legal text.
4. In the popular, legal education, law implementation inspection: a) presiding, in cooperation with the relevant units of popular organizations, legal education;
b) in cooperation with the relevant units to check the implementation of the legislation in ministries, ministerial agencies, in industry, the field was delivered; the track, urging the implementation of the law, of the law enforcement practices in the industry, field;
c) participated commenting about the handling of the breach of the law in the industry.
5. Guide on professional service for legal organizations in the General Department, the Bureau and the State enterprises Ministry, ministerial authority that is representative of the owner of the State's stake in the business.
6. Perform other duties by the Minister, the heads of ministerial agencies.
Article 4. The duties and powers of legal institutions in government agencies 1. In the formulation of the law: a legal organization) in government agencies perform a number of tasks, the management authority of the State of the industry, areas of responsibility:-scheduled program to build annual and long-term law of the agency heads;
-Chairing or participating in drafting the draft legal text according to the assignment of agency heads;
-Appraisal or join legal opinions for the draft text drafted by other units before the heads; in cooperation with the relevant units to prepare records of the draft legal text before the proposal heads the Organization, other agencies contribute comments, sent the Department of justice evaluation and the Government, the Prime Minister;
-Chairing or participating with the unit concerned in helping the agency heads to contribute comments on the draft legal text by ministries, ministerial agencies, agencies of local government or send comments.
b) legal organizations in government agencies responsible for career activities, join with units involved in helping the agency heads to contribute comments on the draft legal text by ministries, ministerial agencies, agencies of local government or send comments.
2. in reviewing, codified the legal text: a) presiding, in cooperation with the relevant units of your organization, the codified legal texts related to the field of management, the Agency's activities;
b) Process heads process results reviewing legal documents.
3. in the common work, legal education, law implementation inspection: a) presiding, in cooperation with the relevant units of popular organizations, legal education;
b) in coordination with the Agency inspectors examine law implementation at the Agency; monitor, test, urging the implementation of the law, of the law enforcement practices in the industry, field;
c) participated commenting about handling the legal violations in the industry. 
4. Help heads check legal documents under the provisions of the law.
5. Guide on professional service for legal organizations in State enterprises that the Government agency is representing the owner of the State's stake in the business.
6. Perform other tasks assigned by agency heads.
Article 5. The duties and powers of the legal organization of the specialized agencies in provincial people Committee 1. In construction law: a) advised the heads of specialized agencies in making proposals and recommendations to the provincial people's Committee issued legal documents to manage the local areas;
b) chaired or participated in drafting the legal documents the heads;
c) join legal opinions for the draft legal text by other units before drafting the heads;
d) Help the heads of specialized agencies to prepare a written comment on the draft legal documents by different agencies send opinions;

DD) Helps the heads of specialized agencies to prepare recommendations to the competent State agencies in issuing, amending, supplementing the legal texts related to the field of professional management at the local level.
2. your organization and codified legal texts related to the field of management of the Agency's specialized expertise and proposed process results reviewing legal documents.
3. In examining legal texts: a) Help heads expertise in coordination with the Department of Justice examined the legal text as prescribed by law;
b) prepare reports results check the legal text to the heads of specialized agencies reported people's Committee Chairman and sent the Director of the provincial Department of Justice.
4. In the popular, legal education, law implementation inspection: a) chairing or participating with the related unit of popular organizations, legal education;
b) in collaboration with Agency inspectors examined the implementation of the laws, rules and regulations of the Agency, the urge, tracking, checking the implementation of laws, rules and regulations of the Agency;
c) participated commenting about the handling of the violation of laws, rules and regulations of the Agency.
5. Perform other duties by the heads of specialized agencies. 
Article 6. The duties and powers of legal organization in the State enterprises 1. Help the Board, General Manager, Enterprise Manager on legal issues related to the operation of the business.
2. Assist the Board, the Director General, the Director of the enterprise to protect the legitimate rights and interests of enterprises, protecting the legitimate rights and interests of workers.
3. Advocacy, education, common law, rules and regulations of business for officials and employees; in collaboration with, the Board and the Union Organization to check the implementation of laws, rules, regulation and propose the measures to handle the offense.
4. Assist the Board, the Director General, Corporate Director of preparing opinions for the draft legal text by State agencies to send comments, please; recommendations with the competent State organs in the amendments and supplements the legal text.
5. Join legal opinions for the draft text, economy contracts by other units of the business editor before submission to the Board, the Director General, the Director of the enterprise. 
6. Perform other duties by the Management Board, General Director, Director of Corporate Affairs.
Chapter III LEGAL ORGANIZATIONS article 7. Legal organization of ministries, ministerial agencies 1. Ministries, ministerial-level agencies have the Legal Service. The establishment, dissolution Service legislation in ministries, ministerial agencies led by the Prime Minister decides according to the recommendation of the Minister, the heads of ministerial agencies.
In case of need, for a number of ministries, ministerial-level agencies have own peculiarities, model legislation organized by the Prime Minister to decide.
2. Service legislation in ministries, ministerial agencies under the guidance of professional expertise of the Minister of Justice.
3. The Bureau, the Bureau of the Ministry, ministerial-level agencies may have legal organization dedicated to. The functions, duties, powers and structure of the legislation in the General Department, the Bureau led by Ministers, heads of ministerial-level agency decision.
Article 8. Legal organizations in government agencies 1. Government agencies perform a number of tasks, the management authority of the State of the industry, Legal Service fields.
In case of need, for some government agencies have own peculiarities, model legislation organized by the Prime Minister to decide.
2. Based on the needs of his legal woes, government agencies operate legal office career or have other legal organizations form fit.
3. The establishment, organization and Legal Affairs in government agency specified in clause 1 of this decision by the Prime Minister on the advice of government agency heads.
Article 9. Legal organization of the specialized agencies in provincial people Committee 1. Specialized agencies in the provincial people's Committee based on the functions, duties, rights and needs of the Agency's legal woes have legislation or civil servants who are dedicated to legislation.
2. The establishment of the French Room in the specialized agencies in the provincial people's Committee by the provincial people's Committee decided to follow the recommendation of the heads of specialized agencies.
3. Legal Defense or civil servants who are dedicated to legislation of the specialized agencies in the provincial people's Committee under the guidance of professional, Director of the Justice Department.
Article 10. Legal institutions of State enterprises based on the needs the work of legislation, the Board, the Director General, the Director of State-owned enterprises to establish appropriate legal institutions, legal officers deployed dedicated or hire legal advisers.
Article 11. The title, professional standards of public servants legislation 1. Legal officials in the ministries, ministerial agencies, government agencies, specialized agencies in the provincial people's Committee must be public servants from the professional ranks and above, has Bachelor of laws degree or Bachelor specialization, legal knowledge, ensure implementation of assigned tasks. 
2. The head of the legal institutions in the ministries, ministerial agencies, government agencies were appointed after the time of the decree to this effect must have law degree level and above, and have at least five years working on the legislation.
Chapter IV IMPLEMENTATION article 12. The responsibility of the Ministry of Justice 1. The Department of Justice helps the Government to unify the administration of Legal Affairs within the country.
2. Within the scope of its responsibilities, the Department of Justice has the task, the following powers: a) The Government of the Prime Minister, the draft legal text of legislation;
b) issued legal documents according to authority documents guiding the implementation of the Government, the Prime Minister of France;
c) in collaboration with the Ministry of industry, directing and inspect the implementation of the work of legislation;
d) in collaboration with the ministries summary, summarizing the work of legislation and report annually recurring Prime about legal work;
DD) in collaboration with the ministries and institutions professional guidance for public servants working on legislation.
Article 13. The responsibility of ministries, ministerial agencies, government agencies, provincial people's Committee, the Board, the Director General, the Director of State enterprises 1. Ministries, ministerial agencies, government agencies are responsible for: a) build, strengthen legal institutions, ministerial-level agencies, government agencies;
b) directing, inspecting the implementation of the work of the Department's legislation, ministerial-level agencies, government agencies;
c) in collaboration with the Ministry of Justice organizes professional training for public officials and Legal Affairs; deployed legal officer under the title, standard;
d) ensure staffing and funding for the operation of legal institutions;
DD) Organization summary, summarizing the work of the Department's legislation, ministerial-level agencies, and Government agency reports to the Minister of Justice periodically and annually or upon request to the Ministry of Justice General reported the Prime Minister.
2. provincial people's Committee has the responsibility: a) build, consolidate legal organization in the specialized agencies;
b) directing, inspecting the implementation of legal work in the specialized agencies;
c) ensure staffing and funding for the operation of legal institutions in the specialized agencies;
d) summary, summarizing the work of legislation in the specialized agencies and to report to the Minister of Justice periodically and annually or upon request to the Ministry of Justice General reported the Prime Minister.

3. The Management Board, General Director, Director of the State enterprise has responsibility for: a) build and strengthen legal institutions in the business;
b) directing, inspecting the implementation of legal work in the enterprise;
c) deployed officers and secured the funding for the Organization's activities in the Business Law Department;
d) summary, summarizing the work of legislation in the reporting and business Ministers, heads of ministerial agencies, heads of government agencies is representing the owner of the State's stake in the business, the Minister of Justice periodically and annually or upon request to the Ministry of Justice General reported the Prime Minister.
Article 14. Effective enforcement of this Decree takes effect after 15 days from the date The report and replacing Decree No. 95/CP of 18 September 1997 on the Organization of government legislation in ministries, ministerial agencies, government agencies. 
Article 15. Responsibility 1. The Minister of Justice, in collaboration with the Minister of Interior instructions and check the enforcement of the Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, the Board, Director General, Director of the State enterprise is responsible for the implementation of this Decree.