Circular 7/2004/tt-Btp: A Guide To The Implementation Of A Number Of Articles Of Decree No. 122/2004/nd-Cp Dated May 18, 2004 Of The Government Functions, Tasks, Powers And Legal Organizations In The Ministry, ...

Original Language Title: Thông tư 07/2005/TT-BTP: Hướng dẫn thi hành một số điều của Nghị định số 122/2004/NĐ-CP ngày 18/05/2004 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và tổ chức pháp chế ở các Bộ, cơ ...

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CIRCULAR guiding the implementation of a number of articles of Decree No. 122/2004/ND-CP dated May 18, 2004 of the Government functions, tasks, powers and legal organizations in ministries, ministerial agencies, government agencies, specialized agencies in the provincial people's Committee, central cities and State enterprises _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 62/2003/ND-CP of June 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice.
Pursuant to Decree No. 122/2004/ND-CP dated 18 May 2004 of the Government regulations on the functions, powers and organization of legislation in ministries, ministerial agencies, government agencies, specialized agencies in the people's committees of provinces and cities under central and State Enterprise (hereinafter referred to as the Decree No. 122/2004/ND-CP);
The Ministry of Justice to guide a number of articles of Decree No. 122/2004/ND-CP on your professional legal organizations as follows: part I the Organization's business and legal affairs ministries, ministerial agencies, government agencies, specialized agencies in the provincial people's Committee, the central cities i. formulation of laws 1. Legal organization, ministerial bodies 1.1. Set the scheduled construction program in the law: a) according to the annual plan or under the term of the National Assembly, Ministry of Legal Affairs Organization, ministerial-level agencies have the responsibility to recommend in writing to the Agency in the units to the Unit recommendations issued legal documents in the scope of the governance of the , ministerial-level agencies.
b) text recommended to specify the need to enact; the object, scope, the views, the main content of the text; the forecast of social-economic impact; expected condition ensure enforcement; expected time, progress of the text; the plan and the other necessary conditions are secured for the preparation;
c) subdivisions of the Ministry, ministerial-level agencies have a responsibility to send the text of recommendations issued legal documents to the legal organization of The Ministerial organs, at the latest on 30 June every year is for the program to build the law every year; before June 30, the end of the Congressional term in years for the program to build the law according to the term of the National Assembly;
d) held general legislation and reviews recommendations of the unit, on the basis that the expected building construction programs of the annual agency law or according to the term of the National Assembly; discuss with the unit in The Agency is expected to complete the program to build the Law Ministers, heads of ministerial agencies;
DD) when the program construction of the law is passed, The legal organization, ministerial-level agencies proposed with leaders of ministries, ministerial-level agencies to implement the plan; the track, urging units to implement the plan;
e) monthly, quarterly, six-monthly, annually or extraordinarily upon request of competent State bodies, institutions and Legal Affairs Ministry reports, ministerial bodies on the implementation of the plan of building law, difficulties, and problems that arise in the implementation process , new problems arising from practical and timely recommendations to The leadership, the ministerial-level optical modifications, supplements or enact new legal text.
1.2. Chaired or participated in drafting the legal documents: a) for projects, draft legal text was delivered chaired drafting legal organizations, ministries, ministerial-level agencies responsible for building the implementation plan, proposed the creation of the drafting Committee, the editor;
b) for the project, draft legal documents by different units within the assigned agency chaired the Organization, drafting legislation, ministerial responsibility optical muscle coordination and assignment of officers directly involved.
1.3. Evaluation or join legal opinions for the draft text by the other units within the Agency chaired drafting: a) held Ministry legislation, ministerial-level agencies responsible for evaluation or join legal opinions for the draft text because the other units presiding editor before submission to the Minister , The heads of ministerial agencies;
b) chaired the drafting units are responsible to provide the draft text, the draft Documents, opinions of other units, ministries, departments, local (if any) and references (if any);
c) the evaluation or join legal opinions for the draft text should focus on the following issues:-the need to enact text;
-Conformity of the text content with the way, the party's policies and guidelines; constitutionality, legality and consistency of the text in the legal system;
-Object, scope of text;
-The layout of the text;
-Feasibility of the text;
-Compliance with procedures and the drafting process;
-Legislative techniques.
1.4. Presiding, in cooperation with the relevant units in preparing the draft profile legal text to send the Justice Department evaluation and submission to the Government, the Prime Minister. Records appraisal is made under the provisions of the law on the evaluation of the legal text.
1.5. Chaired, coordinated the participation of comments on the draft legal text by ministries, ministerial agencies or local send comments:

a) while presiding over a text prepared to contribute comments, legal institutions, ministerial-level agencies have a responsibility to participate in contributing comments on time; text case opinions have problems related to the different units in ministries, ministerial agencies or related to other agencies, organizations and legal affairs ministries, ministerial agencies held meetings to discuss the matter;
b) When other units are assigned text preparation chaired contribute comments, legal institutions, ministerial-level agencies have a responsibility to participate in feedback.
1.6. In cooperation with the relevant units in the proposal with leaders of ministries, ministerial agencies about the negotiation, signing, accession, ratification, amendments and supplements to the international treaties to which Vietnam is a member in the field by the Ministry, ministerial-level agencies.
2. Organize government agency legislation 2.1. Legal organizations in government agencies perform a number of tasks, the management authority of the State of the industry, the field of presiding, participate in the formulation of laws according to the instructions in paragraph 1, section I, part I of this circular.
2.2. legal organization in active government agency careers chairing, participating in the formulation of laws according to the instructions in paragraph 1.5, section I, part I of this circular.
3. legal organisation specialized agencies in the people's committees of provinces and cities under central 3.1. Advised leaders to propose recommendations to the provincial people's Committee, the city of centrally issued legal documents.
The proposed text, recommendations issued legal documents must specify the content specified in point 1.1, paragraph b, section I, part I of this circular.
3.2. While presiding over the drafting of legal documents, legal research organization, survey, sum, reviews the implementation of the legal texts concerned, on the basis of which the draft legal text the heads of specialized agencies.
In the process of implementation, legal organisation is responsible for coordinating with the relevant units.
3.3. for the project, draft legal documents by different units in the people's committees of provinces and cities under central Government presiding over the drafting of related fields due to their unit, the Organization in charge of Legal Affairs is responsible for coordinating implementation and assignment of officers directly involved.
3.4. Involved legal opinions for the draft legal text by other units in the specialized agencies drafted before the heads of specialized agencies.
3.5. Assist the heads of specialized agencies join comments on the draft legal documents by different agencies send opinions: a) When legal organization of the specialized agencies was assigned host text preparation involved comments, legal organisation is responsible for research , in cooperation with the relevant units in the specialized agencies to prepare the text for comments on time according to the requirements of professional bodies;
b) When units of the specialized agencies was assigned host text preparation involved ideas, organize legal professional bodies are responsible for coordinating the preparation of comments.
c) in the case of text content to contribute comments have problems related to the different units in the specialized agencies or other bodies related to legal institutions, specialized agencies have the authority to recommend the unit be assigned host is taking comments or suggest the heads of specialized agencies to organize participatory meetings of agencies relevant exchange about relevant issues.
3.6. Do the clues help the heads of specialized agencies to prepare recommendations to the competent State agencies in issuing, amending, supplementing the legal text.
II. Reviewing, codified the legal text 1. Legal organization, ministerial-level agencies, government agencies.
1.1. your organization, streamline the legal text that the authorities responsible for implementation or organization comply with the provisions of the Decree about the functions, duties and powers of the Ministry, ministerial-level agencies, government agencies, namely: a) of your planning , your guidance, help lead the ministries, ministerial agencies, urging government agencies, check out the review of the unit in the Agency;
b) updated the new legal texts relevant to the Agency's activities;
c) based on the duties and powers of each unit in the Ministry, ministerial-level agencies, government agencies, proposed with leaders of ministries, ministerial-level optical engine, government agency define text fields need legal review of each unit;
d) directly reviewing the legal documents are The leaders, ministerial-level agencies, government agencies;
DD) Organization of meetings, conference papers about systematics, scrutinizing the text related to the industry, the Agency's field.
e) General, the Ministers, heads of ministerial agencies, heads of Government in the process of your results are specified in point b of paragraph 2, article 3 and point b, clause 2, article 4 of Decree No. 122/2004/ND-CP. 1.2. To prepare, the Ministers, heads of ministerial agencies, heads of government agencies involved opinion improve the system legal text is relevant because the agency sent comments.

1.3. Subject to the direction, the direction of the Ministry of Justice about your profession, codified the legal text; in collaboration with the Ministry of Justice in the construction of collection and legal text.
In reviewing, codified legal texts, legal organisation is responsible for projecting the text with the party's policies, Constitution, current legislation and the commitments in the international treaties to which Vietnam is a member.
1.4. The organization conducted the review, the codification of international treaties to which Vietnam is a member in the field by the Ministry, ministerial-level agencies, government agencies manage.
2. legal organisation specialized agencies in the people's committees of provinces and cities under central.
2.1. Organization of regular and periodic review and codify the legal texts related to the field of management of specialized agencies; updated legal texts relevant to the specialized management activities of the specialized agencies, in General, the heads of specialized agencies results review and process your results to the legal text.
2.2. Preparation, the heads of specialized agencies involved opinion improve the system legal texts related to the field of management.
2.3. Subject to the direction, the direction of the Justice Department about your profession and the legal text; in cooperation with the relevant units of the Department of Justice in the construction Of collection and legal text.
III. The work to check legal documents legal organization of the Ministry, the Ministerial Agency, the optical Department of the Government, specialized agencies in the people's committees of provinces and cities under central help Ministers, heads of ministerial agencies, heads of government agencies, heads of specialized agencies in the provincial people's Committee the central cities, perform the duties and powers of the written examination as stipulated in Decree No. 142/2003/ND-CP dated 14 November 2003 by the Government on screening and processing legal documents, Decree No. 122/2004/ND-CP and circular No. 01/2004/TT-BTP on 16 June 2004 the Department of Justice's guide the implementation of some articles of the Decree No. 142/2003/ND-CP, specifically as follows: 1. The legal organization, ministerial bodies 1.1. Help the Ministers, heads of ministerial agencies perform the duties and powers of governance check writing in ministries: a) building, the Ministers, heads of ministerial agencies writing about check writing for submission to the competent authority issued or issued by the authority in the scope of application of The branches: b) building plan check writing authority check of Ministers, heads of ministerial agencies and implementation after it is approved by the agency leadership.
c) Business Exchange check text with the Bureau examined the legal text of the Ministry of Justice, the legal organization of the ministries, ministerial agencies, government agencies;
d) performing scientific research about check writing;
Mutan) made the professional training check text for staff, check the text of The Ministerial organs.
e) build and manage a team of collaborators text test administered by the Ministry, ministerial bodies;
g) organize information networks, build and manage the database system serves for checking the text in the scope of the authority of the ministries, ministerial agencies; reviewing the legal documents of the Parliament, the Commission of the National Assembly, State President, Prime Minister, government regulations on the matter in the scope of management of the water, his industry nàh and legal texts by the Ministers, heads of ministerial agencies issued or contact President issued to establish the legal basis for checking text; in collaboration with the Bureau to check legal documents belonging to the Ministry of Justice General of your results to build common database systems serve to check and process the text.
h) recommending to the Minister, the heads of ministerial agencies conduct the summary, summarizing, organized the contest according to the industry, the field of inspection, rewards, discipline and resolve complaints, accusations about check writing according to the authority;
I) prepared the report for 6 months, annually or extraordinarily upon request of test writing process Ministers, heads of ministerial agencies send the Prime Minister, the Ministry of Justice.
1.2. To help Ministers, heads of ministerial agencies perform the check processing, according to the authority.
a) presiding, in cooperation with the Bureau to check legal documents belonging to the Ministry of Justice, Board of building law in government offices, legal organization of ministries, ministerial agencies, government agencies in checking documents of the Ministry, ministerial-level agencies, government agencies , The people's Council, the provincial people's Committee under the authority of the Minister of examination, the Ministerial agency heads;
b) as clues to help Ministers, heads of ministerial agencies perform the self test of the text by the Minister, the Ministerial agency heads issued or President;
– Chaired the building plan check writing and implementation after the Ministers, heads of ministerial agencies;

-Directly perform the self test or coordinate with units in ministries, ministerial agencies test the text according to the assignment of the Minister, the heads of ministerial agencies;
-Cooperation with other units in ministries, ministerial-level agencies in the review, to propose measures for handling text containing illegal content.
-Urge, tracking the work of self test text; synthesis and test results report to the Ministers, heads of ministerial agencies.
c) coordinated with units in ministries, ministerial agencies check text by Ministers, heads of ministerial agencies issued containing legal but are not issued by the legal text and the text contains legal due to the unit , personal Ministry, ministerial-level agencies issued when required, recommendations, complaints of bodies, organizations, agencies and information of the individual.
2. Organize government agency legislation.
2.1. Assist heads of Government in the implementation of the duties and powers of State management on work to check the text and checking, handle the text according to the instructions in paragraph 1.1. and art. 1.2. Section III, part I of this circular.
2.2. Coordination with the Legal Department of the organization that the Minister was assigned by the Prime Minister, issued the text of the Government agencies perform the self test text.
2.3. Coordinated with other units of government agencies check the text contains legal by the Government agency heads, unit, individual government agency issued when required, recommendations, complaints of bodies, organizations, agencies and information of the individual.
3. legal organisation specialized agencies in the people's committees of provinces and cities under central.
3.1. Help heads expertise in coordination with the Department of Justice building and the Organization made plans to check the local text.
3.2. In cooperation with the relevant units of the Department of Justice examined the texts because of the people's Council, the people's Committee of local district level issued related to the industry, the Agency's management.
3.3. Help professional heads self test by writing professional heads issued when required, recommendations, complaints of bodies, organizations, agencies and information of the individual or the text due to the people's Council, the provincial people's Committee issued related to the industry , the field of his Agency's management as assigned by the Committee.
3.4. Business Exchange check text with the relevant units of the Department of Justice and other legal organizations in the specialized agencies of the provincial people's Committee.
3.5. Co-ordination and create conditions for the Inspection Agency inspection documents according to the authority.
3.6. Help heads expertise in coordination with the Department of justice review the text due to the people's Council, the provincial people's Committee issued related to the industry, the Agency's management and the Organization of information networks, building database system serves for checking the text in the local.
3.7. Preparing the report for 6 months, annually or extraordinarily upon request on work to check your text for professional agency heads reported people's Committee Chairman and sent the Director of the provincial Department of Justice.
3.8. the legal organization of the specialized agencies in the people's committees of provinces and cities under central services carry check, detect and report on the content wrong paragraph with competent authorities according to the instructions in circular No. 01/2004/TT-BTP.
IV. common work, legal education, law implementation inspection 1. Legal organization, ministerial bodies, government bodies 1.1. Popular, legal education: a) on the basis of the common program of legal education in each stage of the Government, demands, duties of ministries, ministerial agencies, government agencies and legal information needs of the public in the whole industry, common planning, legal education every year and the long-term leadership of the Ministry horizontal optical engine, ministries and agencies in Government;
b) build and implement common plans, legal education to public officials in the Agency. As for the legal text has wide enforcement object then collaborated with the Department of Justice and other authorities to deploy common for officials and public servants in the industry and the people in many forms;
c) presiding, in collaboration with the unit in the popular, legal education in ministries; steer, guide, check out the work of education, common law of the unit in the local authorities;
d) chairing or coordinating with the relevant unit within the Agency and the Ministry of Justice organized the implementation of the activities of legal information, dissemination, legal education for public officials in the Agency units, namely:-compiling the document common law-training on the legal text-building team of rapporteurs advocacy staff, the law of ministries;
-Build, manage, exploit bookcases law-common law on the mass media in the field by the Ministry, ministerial-level agencies, government agencies manage;
-Give the training, fostering legal knowledge on the programmes, professional training for managers of the industry;

-Put the content of the law on the collective activities of the social-political organizations, clubs and other mass organizations;
DD) chairing the coordination, training, dissemination, advocacy, international treaties to which Vietnam is a member in the field by the Ministry, ministerial-level agencies, government agencies manage.
e) propose to the Ministry leaders, ministerial-level agencies, government agencies, the Department of Justice awards the collective, individual agency has outstanding achievements in education, common law;
g. advised leaders of ministries, ministerial agencies, government bodies, 6th annual, periodic testing, summary, summarizing reviews the implementation of the common work, legal education in the Agency; inform the Ministry of Justice of common work results, education law to General Government reports.
1.2. To check the implementation of the law: in cooperation with the relevant units within the Agency to help leaders, ministerial-level agencies, government agencies perform the following work: a) building plan check periodically or irregularly fulfilling the law of public officials by the governing body;
b) track, urging the implementation of the law of Agency; the survey, of the assessment of the State of understanding of the law, executive law consciousness of officers and civil servants in the industry to propose to Ministry leaders, ministerial-level agencies, government agencies handling measures;
c) exchange ideas with the relevant units of the Ministry of Justice on the application of the law, join comments on the handling of misconduct in the industry;
d) recommendations to leaders, ministerial-level agencies, government agencies on measures to prevent, remedy the breach of the law and improve the legal system, the mechanism of implementation of the law relating to the field of management;
d) recommendations to leaders, ministerial-level agencies, government agencies on measures to prevent, remedy the breach of the law and improve the legal system, the mechanism of implementation of the law relating to the field of management.
2. legal organisation specialized agencies in the people's Committee of the central cities.
2.1. Chairing or coordinating with the relevant units of the Department of Justice and other agencies, other organizations implement information operations law, popular, legal education for public officials in the Agency, through the form as compilation materials common law , training on the legal text, the common law on the mass media about the work of his agency management.
2.2. Coordination with the relevant units of the Agency help agency heads to plan implementation of the law; monitor, test, urge the implementation of the law of Agency; survey, sum, reviews the reality of knowing the law, executive law consciousness of officers and civil servants of the Agency to propose to the heads of processing measures.
Part II of legal organizations of State enterprises 1. Do clues help the Board, General Manager, Enterprise Manager prepared the written comments with respect to the draft legal text by State agencies to send comments, please; to sum up, reviews the obstacles in the process of implementing the law related to the manufacturing sector, the business of business is to make recommendations to the competent State agencies issued or revised, additional legal text.
2. the draft contract as assigned by the Board, the Director General, the Director of the enterprise; join the negotiations, signing of contracts and legal opinions with regard to the text of the contract.
3. Join legal opinions for the draft text of the contract, due to the different units of the business lead editor before submission to the Board, the Director General, the Director of the enterprise.
4. Advise the Board, Director General, Corporate Director or representative authorized businesses engaged in the process of arbitration or court proceedings to protect the rights and legitimate interests of enterprises, protecting the legitimate rights and interests of employees and other issues related to production and business activity of the business.
5. Counsel for the Board, General Manager, Director of business but legal issues related to the Organization, management and operation of the business.
6. Review and codify the legal texts relating to the operation of the business.
7. Recommendations of the suspension, the suspension of the enforcement, modification, addition or repeal the provisions of unlawful business or no longer fit.
8. Chairing or coordinating with the organizations, the authorities implemented the activities, advocacy, information dissemination, education law and rules and regulations of business for officials and employees.
9. In collaboration with the corporate board room, the help of the Board, General Manager, Director of business planning implementation legislation, monitor, test, urging the implementation of laws and rules and regulations of the enterprise; survey, sum, reviews the reality of knowing the law, executive law consciousness of officers and employees in the enterprise to make recommendations to the Board, the Director General, the Director of the business processing measures.

10. Advise the Board, the Director General, the Director of the Enterprise build bookcases, business law book pane.
11. Perform other duties by the Management Board, General Director, Director of Corporate Affairs.
Part III reporting and implementation 1. Six-month periodic, annual or irregular at the request of competent State bodies, institutions and legal affairs ministries, ministerial agencies, government agencies, specialized agencies in the people's committees of provinces and cities under central and State enterprises prepared to report to The , ministerial-level agencies, government agencies, provincial people's Committee, central cities and Business Administration General State sending the report to the Ministry of Justice.
2. This circular have effect after 15 days from the date of public notice and replacing circular No. 1793/1997/TT-BTP on 30 December 1997 of the Ministry of Justice guidance of legal organization in the ministries, ministerial agencies, government agencies.
3. The unit in the Ministry of Justice, legal institutions, ministerial-level agencies, government agencies, specialized agencies in the people's committees of provinces and cities under central and State enterprises, the Justice Department has the responsibility to help the Ministers, heads of ministerial agencies, heads of government agencies , Chairman of the provincial people's Committee, central cities and the Board, Director General, Director of the State enterprise implementation of this circular.
4. In the process of implementing, if there are obstacles to timely recommendations reflecting the judgment of the Department of Justice to implement instructions./.