Decree No. 39/2025/ND-CP dated February 26, 2025 on functions, tasks, powers and organizational structure of the Ministry of Justice

• Official number: 39/2025/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Le Thanh Long
• Issued Date: 26/02/2025

GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 39/2025/ND-CP	Hanoi, February 26, 2025

DECREE

ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF JUSTICE

Pursuant to the Law on Government Organization dated February 18, 2025;

At the request of the Minister of Justice;

The Government promulgates a Decree on functions, tasks, powers and organizational structure of the Ministry of Justice.

Article 1. Positions and functions

The Ministry of Justice is an agency affiliated to the Government which performs the function of state management of: Legislation development; organization of law enforcement; civil judgment enforcement; administrative justice; judicial assistance; legal work; state management of public services in fields under the management of the Ministry of Justice.

Article  2. Tasks and powers

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1. Submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the Standing Committee of the National Assembly, draft decrees and resolutions of the Government, and draft decisions of the Prime Minister in fields under the management according to approved annual legislation programs and plans, and other projects and schemes as assigned by the Government or the Prime Minister.

2. Submit to the Government and the Prime Minister long-term, five-year and annual development strategies, planning, programs and plans and projects of national significance; submit to the Prime Minister draft decisions and directives on the domains under the Ministry's state management.

3. Promulgate circulars, decisions, directives and other documents under the Ministry’s state management.

4. Direct, monitor, provide professional guidance, inspect and organize implementation of approved legislative document, strategies, planning, programs, plans, projects and schemes under the Ministry’s state management.

5. Direct and organize the implementation of tasks related to the application of information technology and digital transformation; develop digital infrastructure and ensure safety and security of network information; build e-Government and digital Government; manage, develop, connect, share, and exploit data and information in the fields under the Ministry’s state management in accordance with the provisions of law.

6. Regarding legislative process:

a) Submit to the Government draft strategies and schemes on developing and completing the legal system;

b) Make the Government's proposals for legislation program for the issues within the scope of functions, tasks and powers of the Government; make proposals for agencies taking charge in and agencies cooperating in drafting laws and ordinances and submit them to the Prime Minister for decision;

c) Conduct appraisals, participate in the development, and provide feedback on proposals for formulating legislative documents and bills and draft legislative documents in accordance with the provisions of law and assignments from the Government and the Prime Minister;

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dd) Formulate, promulgate or propose to competent authorities to promulgate regulations on techniques for drafting legislative documents; cooperate in providing training, refresher training, retraining for professional legislative drafters;

e) Direct, monitor, guide operations and inspect the legislation in accordance with law.

7. Regarding organization of law enforcement:

a) Provide advice to the Government on measures for organization of law enforcement according to the assignment of the Government and the Prime Minister;

b) Direct, monitor and guide operations and inspect the implementation of dissemination and education of law; inspection of legislative documents; reviewing, systematization and consolidation of legislative documents; codification of the system of codes of practice; monitoring of the law enforcement; handling of administrative violations; access to information; grassroots mediation; assessment and recognition of communes, wards and commune-level towns meeting the standards for accessibility of law in accordance with law;

c) Perform tasks of the Standing Body of the Central Council for cooperation in the law dissemination and education, recognize or dismiss legal rapporteurs in accordance with law;

d) Assist the Government in checking legislative documents promulgated by ministries, ministerial agencies, the Provincial People's Councils and People’s Committees and local authorities in special administrative-economic units; propose handling of illegal documents according to the provisions of law;

dd) Appraise sub-titles in the Code of Law; update and annul new legal norms and sub-titles in the Code of Law in accordance with provisions of applicable laws; submit to the Government the decision on approval of results of codification of the themes of the Code of Law and addition of new themes to the Code of Law; submit to the Prime Minister the decision on adding new sub-titles as per regulations.

e) Provide detailed regulations on the consideration for further evaluation of law enforcement in accordance with law; provide advice to the Government and the Prime Minister on the handling of the results of monitoring the law enforcement within the decision-making authority of the Government and the Prime Minister; provide feedback on the application of legislative documents as assigned by the Government and the Prime Minister;

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h) Assist the Government in consistent state management of legal assistance for small and medium-sized enterprises nationwide in accordance with law.

8. Regarding civil judgment enforcement and administrative judgment enforcement:

a) Direct, monitor, guide operations and inspect the civil judgment enforcement, administrative judgment enforcement and bailiffs' work in accordance with law;

b) Manage the organization and operation of civil judgment enforcement agencies and bailiffs in accordance with law;

c) Ensure funding, material facilities, means of operation for the civil judgment enforcement and administrative judgment enforcement in accordance with law.

9. Regarding judicial administration:

a) Direct, monitor, guide operations and inspect the implementation of the work of civil registration, nationality registration, adoption registration; registration of security measures, registration of transactions and other assets within the Ministry’s jurisdiction; state compensation in accordance with law;

b) Process applications for Vietnamese citizenship, regaining Vietnamese citizenship or renouncing Vietnamese citizenship, or depriving Vietnamese citizenship, or annulling decisions on naturalization in Vietnam and the works regarding civil registration and nationality registration in accordance with law;

c) Perform tasks of central authorities regarding international adoption in Vietnam; resolve matters related to adoption involving foreign elements; issue, renew, amend, and revoke the operating licenses of foreign adoption organizations and manage foreign adoption agencies in Vietnam in accordance with law;

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dd) Implement state compensation work as per the law.

10. Regarding judicial assistance:

a) Direct, monitor, guide operations, inspect the organization and operation of lawyers, legal consultancy, legal aid, notarization, authentication, judicial assessment, property auction, commercial arbitration, commercial mediation, asset management officers nationwide as per the law;

b) Issue, renew, revoke licenses, certificates of practicing in the field of judicial assistance and appoint, reappoint and dismiss titles of judicial assistance as per the law;

c) Carry out legal aid work as per the law.

11. Regarding legal work:

Monitor and guide operations, inspect the legal work of ministries, central authorities, local authorities, state-owned enterprises and public service providers as per the law.

12. Regarding the establishment of institutions, international law, and the resolution of international investment disputes:

a) Preside over the signing and implementation of international treaties in the field of state management of the Ministry of Justice;

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c) Act as a legal representative agency for the Government in resolving international investment disputes on the basis of international investment treaties; participate in handling international legal issues arising during Vietnam's international integration process; provide legal opinions as per the law;

d) Carry out state management of judicial assistance and act as the focal point for judicial assistance in civil matters as per the law;

dd) Act as the national focal point for the implementation of the Covenant on Civil and Political Rights (ICCPR); act as the national focal point for implementation of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; be the national body in relation to the members and the Standing body of the Hague Conference on Private International Law, the central authority in international treaties on judicial assistance in the civil field and other international treaties as assigned by competent authorities.

13. Regarding international cooperation on law and judicial reform:

a) Direct, monitor and guide operations, and inspect the international cooperation on law and judicial reform as per the law; carry out the international cooperation and external information in the fields under the Ministry’s state management in accordance with law;

b) Propose the signing and implementation of international treaties and agreements under the Ministry's state management;

c) Propose the participation in international organizations; act as the national focal point for justice and law of Vietnam in relations with international organizations of which Vietnam is a member as assigned by the Government and the Prime Minister.

14. Regarding administrative reform:

a) Supervise and summarize the performance of institutional reform tasks; renew and improve the quality of the formulation and promulgation of legislative documents;

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15. Promulgate, manage and guide uniform use of forms, documents and books in the fields under the Ministry’s state management in accordance with law; produce reports, statistics, archive documents and data on the fields under the Ministry’s state management as per the law.

16. Manage non-governmental organizations, associations, and public services in the fields under the Ministry’s state management in accordance with law.

17. Carry out inspection, settle complaints and denunciations, organize receptions of citizens, prevent and combat corruption, wastefulness and misconduct and handle law violations in the fields under the Ministry’s state management in accordance with law.

18. Direct and organize the implementation of scientific research, development, and application of scientific research results in the fields under the Ministry’s state management.

19. Organize training in law, training and refresher training for judicial titles and judicial assistance titles in accordance with law.

20. Manage the organizational structure, job positions, staffing, officials, public employees, workers, and implement salary regulations, regulations and policies on benefits, rewards, discipline, professional training and refresher training for officials, public employees and workers under the management of the Ministry of Justice in accordance with law.

21. Manage allocated finance, property, public investment and organize the implementation thereof as prescribed by law. 

22. Perform other tasks and powers assigned by the Government or Prime Minister and in accordance with law.

Article 3. Organizational structure

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2. Department of Criminal and Administrative Legislation.

3. Department of Economic-Civil Legislation.

4. Department of International Legislation.

5. Department of Personnel and Organization.

6. Department of International Cooperation.

7.  Ministry Inspectorate.

8. Ministry Office.

9. Department of Civil Judgment Enforcement Management.

10. Department of Document Inspection and Administrative Violation Management.

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12. Department of Judicial Administration.

13. Department of Registration of Secured Transactions and State Compensation. 

14. Department of Judicial Assistance.

15. Department of Planning and Finance.

16. Department of Information Technology.

17. Institute of Legal Strategy and Science. 

18. Judicial Academy.

19. Democracy and Law Journal.

20. Vietnam Law Newspaper.

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The Department of Production of Legislative documents has 03 departments, the Department of Criminal and Administrative Legislation has 03 departments, the Department of Economic-Civil Legislation has 4 departments, the Department of International Legislation has 04 departments, the Department of Personnel and Organization has 05 departments and the Department of International Cooperation has 03 departments.

The Minister of Justice shall stipulate functions, tasks, powers and organizational structures of units affiliated to the Ministry of Justice and propose them to the Prime Minister for promulgation of a list of other public service providers affiliated to the Ministry of Justice.

Article 4. Transition clauses

The General Department of Civil Judgement Enforcement shall continue performing their tasks and powers as per the law until the effective date of the Decision of the Minister of Justice on functions, tasks, powers and organizational structure of the Department of Civil Judgement Enforcement Management.

Article 5. Entry into force

1. This Decree comes into force from March 01, 2025.

2. This Decree replaces Decree No. 98/2022/ND-CP dated November 29, 2022 of the Government of Vietnam on function, tasks, powers and organizational structure of the Ministry of Justice.

Article 6. Implementation responsibilities

The Minister of Justice, Ministers and Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.

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ON BEHALF OF. GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Thanh Long