Circular 01/2005/ttlt/btp-Bnv: Guide 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 Organization ...

Original Language Title: Thông tư liên tịch 01/2005/TTLT/BTP-BNV: 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 ...

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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 organization of the Ministry of Legal Affairs, ministerial-level agencies, government agencies, specialized agencies in the provincial people's Committee, central cities and State enterprises _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 122/2004/ND-CP on August 18 5/2004 of the Government functions, tasks, powers and organization of the Ministry of Legal Affairs, ministerial-level agencies, government agencies, specialized agencies in the provincial people's Committee, central cities and State Enterprise (hereinafter the Decree 123/2004/ND-CP), Ministry of Justice Interior tutorial, a number of legal organizations, industry, professional bodies, local and State enterprises are as follows: i. on BUILDING, strengthening LEGAL INSTITUTIONS 1. Legal organizations in ministries, ministerial agencies, government agencies a) ministries, ministerial agencies, government agencies perform a number of tasks, the management authority of the State of the industry, the field has established legal institutions prior to Decree No. 122/2004/ND-CP effective to conduct review function duties, powers and legal organizations in The industry ourselves, to timely adjust according to the competence or the authority adjusted accordingly with the provisions of Decree No. 122/2004/ND-CP b) Government agencies operate a career, then depending on the functions, duties and powers of the Agency and request the volume of the work of legislation, government agency heads decided to set up the room, or law assigned to clue the legislation.
c) with respect to the General Directorate, the specialized administration Ministry, ministerial bodies shall be based on the requirements, the amount of legal work, Ministers, heads of ministerial agencies established legal organization dedicated to or assigned to clue the legislation. The case of the functions, duties, powers and organization of the General Department, the Bureau of the Government by the Prime Minister, the heads of ministerial agencies legal organization established after the opinion of the Prime Minister.
2. legal organizations in the professional body in the people's Committee of the central cities (hereafter referred to collectively as the provincial people's Committee).
Except for the Justice Department, the professional body in the provincial people's Committee based on the functions, duties, powers and ask, the volume of the work of legislation the provincial people's Committee of review, the decision established legal or Rooms assigned to clue the legislation and legal officer of the Agency are dedicated.
3. legal organizations in the State enterprises a) The Corporation was established by decision No. 91/TTg dated 7 March 1994 from the Prime Minister's and the SOE special class has, legal department.
b) The other State enterprises, based on the needs the work of legislation that established the legal organization or layout dedicated law officers or hire legal advisers.
II. Conditions, Professional SERVICE STANDARDS Of PUBLIC SERVANTS To DO The WORK Of LEGISLATION 1. Since the time of the Decree No. 122/2004/ND-CP dated effect, new recruiting public servants to do the work of legislation in ministries, ministerial agencies, government agencies, specialized agencies in the provincial people's Committee must meet conditions, professional service standards are prescribed in clause 1 , Article 11 of Decree No. 122/2004/ND-CP and other applicable regulations.
In the case of public servants to do the work of legislation has a Bachelor of laws, but not yet have specialized knowledge in his field work, the ministries have annual training plan, training, advanced to meet the requirements of specialized knowledge.
In the case of public officials working on legislation already have Bachelor majors, but not yet have legal knowledge, the annual ministries to plan and coordinate with the Ministry of Justice organizes training Bachelor of laws or fostering, enhancing the legal knowledge (at the latest after 3 years of legal work, they must have the certificate of the training facility).
2. Since the time of the Decree No. 122/2004/ND-CP dated effect, the first appointment, the appointment of the head of the Organization back legislation in ministries, ministerial agencies, in addition to government agencies must meet the conditions, the standards prescribed in clause 2, article 11 of Decree No. 122/2004/ND-CP and the conditions other standards, according to the provisions of the law have to be someone with experience in the work of legislation or had ever presided over drafting the construction scheme, enacted the legal text.
3. for public servants working on legislation, legal organization heads are recruited, appointed before the time of the Decree No. 122/2004/ND-CP of force which do not meet the conditions, the criteria stipulated in article 11 of Decree No. 122/2004/ND-CP, the ministries, ministerial-level agencies Government agencies, specialized agencies in the provincial people's Committee has planned training, refresher, advanced level, meets the conditions, the standard of legal knowledge, specialized knowledge.
4. When implementing article 10 of Decree No. 122/2004/ND-CP of the Government, the State-owned enterprises can apply professional standards of public servants to do the work of legislation specified in section 1 of part II of this circular to the selection, layout, use of officers to do the work of dedicated legislation for his business.
III. Time limit, CONSTRUCTION PROGRESS, strengthening LEGAL INSTITUTIONS To guarantee the implementation of the tasks and powers of the organization under the provisions of Law Decree No. 122/2004/ND-CP, Ministry of Justice and Ministry of Interior asked the ministries, local review, reviews about the Organization and our team of public servants officers working on legislation. At the same time promoting the event, reinforce the legal organization of the ministries themselves in accordance with the provisions of Decree No. 122/2004/ND-CP and this circular. Work on the need to complete in the second quarter of 2005.
For the State enterprises by local ministries, would manage the local ministries, which directs the whole event and strengthen legal institutions in the business.
This circular effect after fifteen days from the date The report.
Ask ministries, ministerial agencies, government agencies, provincial people's Committee, the Total 91 companies in the first quarter of 2005 situation report building, strengthen institutions and Legal Affairs in the ministries and the annual periodic reports about the Organization and activities of the organization by its legislation on the management of the Ministry of Justice To sum up, the Interior Ministry reported the Prime Minister.

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