THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.38-CP
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Hanoi,
June 4, 1993
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DECREE
ON
THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF
JUSTICE
THE GOVERNMENT
- Pursuant to the Law on Organization of the Government dated
September30, 1992 ;
- Pursuant to Government Decree No.15-CP dated March 2, 1993 onditties, powers
and responsibilities for exercising State management of the Ministries
andMinisterial-level offices;
- In consideration of the proposals of the Minister of Justice and
theMinister-Head of the Government's Organization -Personnel Committee,
DECREES:
Article 1. The Ministry of Justice is a Government agency
whichexercises uniform State management over legal affairs; formulates and
participates indrafting laws; disseminates and promote the education of the
laws ; exercisesorganizational control over the local People's Courts, the
Military Courts of militaryzone and the equivalent levels, the Regional Military
Courts (collectively called localCourts) ; provides training of and improve
knowledge for providers of legal services andexercises management over other
legal matters entrusted by the Government.
Article 2. The Ministry of Justice has the following duties
andpowers:
1. In respect of drafting and
participating in drafting laws :
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Submitting to the Government
draft civil and criminal laws andordinances relating and other draft laws and
ordinances assigned by the Government, aswell as implementing documents of the
same.
Reviewing and providing for
legal advice in respect of draft laws,ordinances and their implementing
documents made by the Ministries, Ministerial-leveloffices and Governmental
offices prior to the submission to the Government by theaforesaid offices.
Coordinating with the Government
Office in organizing and monitoringthe work of systemizing legal documents.
Systemizing legal documents
within the framework of the Ministry'sfunction, petitioning amendments and
additions to or abrogation of legal documents whichare inappropriate with the
Constitution and the laws.
2. Management of the local
People's Courts:
Being responsible for the
organizational structure, facilities,expenses, operational means and uniform
management over the budget of the local Courts.
Submitting to the Government for
decision on the strength of staff atthe local Courts after consultation with
the Government’s Organization-PersonnelCommittee, the Judge of the People’s
Supreme Court and the Minister of NationalDefence; stipulating the strength of
staff for each of local Court after consulting withthe Judge of the People’s
Supreme Court and the Minister of National Defence.
Drafting policies applicable to
judges, jurors and other local Courtpersonnel and submitting the same to the
competent authorities, providing guidance,supervising, controlling and dealing
with the implementation of such policies.
After consultation and agreement
with the Judge of the People’sSupreme Court and the Minister of the National
Defence, submitting a list of members ofthe Council for selection of judges of
the Provincial/City People’s Courts to theNational Assembly Standing Committee
for decision; submitting to the State President forappointments, dismissals or
removals of the Judges or Deputy Judges of the People’sCourts of provinces and
centrally-ruled cities, districts, townships and provincialcapitals and the
Military Courts of military zones and equivalent levels, and the
RegionalMilitary Courts ; reviewing and proposing the appointments or
dismissals of the judges ofthe Courts of provinces and centrally-ruled cities
for the Council of selection of judgesto review and submit to the State
President for decision.
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3. Organization and execution of
civil verdicts:
The Ministry shall submit to the
Government for promulgation of, orpromulgate within its authority, policies and
legal documents guiding the implementationof civil verdicts; and shall be
responsible for organizational structure, training andimproving professional
skills, supporting facilities, expenses and means for theactivities relating to
the execution of verdicts and the contingent of personnel engagedin such
execution.
4. Other legal matters:
The Ministry exercises State management
over organization andoperations of lawyers, notaries, assessors, household
registration officers and otherlegal service providers ; it submits to the
Government for decisions the regulations onthe organization and operations of
lawyers, notaries and assessors' bodies (or makes thedecision itself with
Government authorization); it exercises uniform control over formsand books
relating to notaries, household registrations, legal statistics and
legalpractice records ; and management over affairs relating to nationalities
in accordancewith stipulations of ordinances.
5. Amicable settlements:
The Ministry shall submit to the
Government for promulgation of, orpromulgate within its authority, documents
guiding the amicable settlements of disputesamong people; direct, supervise and
sum up any the activities of reconcilers’ groups.
6. Training, research,
dissemination and promotion of law education:
Submitting to the Government for
decision on and organizing theimplementation in long-term and annual programmes
in dissemination and law, education ;coordinating with the Ministry of
Education and Training in introducing the programme oflaw teaching in schools.
The Ministry shall design a plan
for the training of civil servants ofthe legal branch for the whole country,
provide training of juridical officers who may beuniversity graduates,
post-graduates or holders of master's degrees in accordance withGovernment
assignments; uniformly managing the improvement of professional skills
forofficials of the Court, law and legislation bodies, lawyers, notaries,
assessors,household registration officials and executors ; organizing legal
researches and promotinglegal information.
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The Ministry shall submit
programmes, plans and projects forinternational cooperation in the legal branch
to the Government for decision ; It shallmanage, organize and monitor the
implementation such programmes, plans and projects.
The Ministry shall also submit
to the Government for decision on thesigning of and approvals for participation
in international treaties or joininginternational organizations in the field of
justice in accordance with Government’sstipulations.
8. Inspection and resolution of
complaints/claims:
Exercising its functions, the
Ministry shall inspect the implementationof policies and laws by offices,
organizations and individuals.
Dealing with any
complaints/claims and denouncements by citizens inaccordance with the
Ministry's authority.
Article 3. The organizational structure of the Ministry of Justiceis
composed of :
a. Bodies assisting the
Minister in exercising State management :
1. The Ministry’s Office;
2. The Department for Planning
and Finance ;
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4. The Department for Execution
of Civil Verdicts ;
5. The Department for Management
of lawyers and legal advisors ;
6. The Department for Management
of notaries, legal assessments,household registration, nationalities, legal
practice records ;
7. The Department for Criminal
and Administrative Laws ;
8. The Department for Civil and
Economic Laws ;
9. The Department for
International Cooperation ;
10. The Department for
Dissemination and Education of Laws ;
11. The Department for
organization personnel and training ;
12. The Inspection Board.
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1. The Institute for Research
into Legal Science;
2. The Law College, Ho Chi Minh
City Branch of the Law College ;
3. The Law Newspaper ;
4. The Democracy and Law
Magazine.
The functions, duties, powers, organization
and strength of staff ofthe units under the Ministry shall be stipulated by the
Minister of Justice.
Article 4. The organization of the local legal system is
stipulatedas follows:
1. At provinces and equivalent
levels are Justice Departments; atdistricts and equivalent levels are Justice
Bureaus; at communes and equivalent levels areJustice Boards.
Such Justice Departments,
Bureaus and Boards are specialized unitsunder the People's Committees at the
corresponding levels, their professional activitiesshall be subject to the
direction from and management by the higher-level units.
2. In agreement with the
Minister-Head of the Government's Organization- Personnel Committee, the
Minister of Justice shall specify the duties, powers andorganizational structure
of local legal units.
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Article 6. The Minister of Justice, other Ministers, the Heads
ofthe Ministerial-level Agencies and offices under the Government and the
Presidents of thePeople's Committees of the provinces and centrally-ruled
cities are responsible for theimplementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet