THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
94/CP
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Hanoi
, September 06, 1997
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DECREE
ORGANIZING LEGAL
DEPARTMENTS OF THE MINISTRIES, THE MINISTERIAL-LEVEL AGENCIES, THE AGENCIES
ATTACHED TO THE GOVERNMENT
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposals of the Minister of Justice and Minister-Head of the Government
Commission on Organization and Personnel,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Legal departments of
the ministries, the ministerial-level agencies, the agencies attached to the
Government (hereafter commonly referred to as the ministerial legal
departments) have the function of assisting the ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government in performing the State management through laws within their
assigned branches or tasks; doing the legislative work, evaluating, revising
and systematizing legal documents, conducting the law dissemination and
education, inspecting the enforcement of legal documents.
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The Minister of Justice shall have to provide
professional guidances for the ministerial legal departments; and provide
professional training for the contingent of legal personnel of the ministries.
Chapter II
THE ORGANIZATIONAL
STRUCTURE, TASKS AND POWERS OF MINISTERIAL LEGAL DEPARTMENTS
Article 3.- The ministries, the
ministerial-level agencies and the agencies attached to the Government having
the function of performing the State management over the assigned branches and
domains throughout the country shall have their legal departments or legal
sections.
Article 4.- In the legislative work,
a ministerial legal department shall have the following tasks and powers:
1. To propose, sum up and prepare annual and
long-term legislative programs of its ministry, then submit them to the
minister, the head of the ministerial-level agency or the head of the agency
attached to the Government and oversee the implementation of such legislative
programs;
2. To evaluate the legality of documents drafted
by other units under the ministry before submitting them to the minister, the
head of the ministerial-level agency, the head of the agency attached to the
Government for signing for promulgation or submitting them to agencies
competent to promulgate;
3. To directly elaborate or take part in the
elaboration of draft legal documents as assigned;
4. To act as the main body to assist the
minister in contributing comments to legal documents drafted by other
ministries or branches or submitted by localities for comments.
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1. To regularly organize the revision and
systematization of legal documents related to the activities of its branch, and
propose to the minister, the head of the ministerial-level agency or the head
of the agency attached to the Government plans for handling the results of the
revision of legal documents;
2. To coordinate with other concerned units of
the ministry in suggesting the ministers, the head of the ministerial-level
agency or the head of the agency attached to the Government to:
- Propose the Prime Minister to suspend the
implementation of resolutions of the People�s Councils of the provinces and
cities directly under the Central Government which are contrary to the legal documents
of the State and the ministry regarding the branch and domain under the
ministry�s management.
- Propose the ministers, the heads of the
ministerial-level agencies or the heads of the agencies attached to the
Government to suspend or annul regulations issued by such agencies, which are
contrary to the legal documents of the State as well as the legal documents
issued by its ministry or branch.
- Suspend or propose the Prime Minister to annul
regulations of the People�s Committees or the presidents of the People�s
Committees of the provinces and cities directly under the Central Government,
which are contrary to the documents issued by its ministry or branch regarding
the branch and domain under its ministry�s or branch�s management.
Article 6.- In the law dissemination and
education and the inspection of law observance, a ministerial legal department
shall have the following tasks and powers:
1. To organize by itself or in coordination with
the concerned units, the law dissemination and education within its branch;
2. To work out a plan for the inspection of law
observance by its ministry;
3. To monitor, supervise and urge the observance
of law, review the law enforcement situation in its branch;
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Chapter II
IMPLEMENTATION PROVISIONS
Article 7.- The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government shall, within 3 months from the effective date of this Decree,
have to establish or reorganize their ministerial legal departments as
prescribed by this Decree.
The Minister of Justice shall coordinate with
the Minister-Head of the Government Commission on Organization and Personnel in
monitoring and supervising the implementation of this Decree.
Article 8.- This Decree takes effect 15
days after its signing for promulgation. The provisions of Decree No.178-HDBT
of June 17, 1985 of the Council of Ministers (now the Government) which are
contrary to this Decree are now annulled.
Article 9.- The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government, the presidents of the People�s Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai