What is the Ministry of Justice of Vietnam? What is the change in the organizational structure of Ministry of Justice of Vietnam according to the new regulation?
What is the function of Ministry of Justice of Vietnam?
According to the provisions of Article 1 of Decree No. 98/2022/ND-CP, the Ministry of Justice (MOJ) is the government ministry in Vietnam responsible for state administration on:
- Development and implementation of laws and regulations, legal dissemination and education, examination of legal normative documents, control of administrative procedures;
- The execution of civil and administrative judgments, state compensation, judicial-administrative activities, judicial support, legal aid, legal works;
- The other public services of the domains under state management of the Ministry.
Thus, the above regulation adds the function of the Ministry of Justice, which is the function of legal aid and legal works.
What is the Ministry of Justice of Vietnam? What is the change in the organizational structure of Ministry of Justice of Vietnam according to the new regulation?
What is the change in the organizational structure of Ministry of Justice of Vietnam?
One of the new highlights of Decree No. 98/2022/ND-CP is the reduction of 02 units in the organizational structure of the Ministry of Justice from January 1, 2023.
Specifically, in Article 3 of Decree No. 98/2022/ND-CP, the organizational structure of the Ministry of Justice includes:
- Department of General Affairs on Legislative Development.
- Department of Criminal and Administrative Legislation.
- Department of Economic-Civil Legislation.
- Department of International Legislation.
- Department of Personnel and Organization.
- Department of International Cooperation.
- Department of Child Adoption.
- Inspectorate of the Ministry of Justice.
- Office of the Ministry.
- General Department of Civil Judgment Enforcement.
- Department of Legal Dissemination and Education.
- Department of Examination of Legal Normative Documents.
- Department of management of administrative penalties and legal enforcement supervision.
- Department of Civil Status, Citizenship, Authentication
- Department of National Legal Aid.
- Department of National Registry of Secured Transactions.
- Department of State Compensation.
- Department of Judicial Support.
- Department of Planning and Finance.
- Department of Information Technology.
- National Center for Criminal Record.
- Institute of Law research.
- Judicial Academy.
- Democracy and Law Journal.
- Vietnam Law Newspaper.
Organizations from Department of General Affairs on Legislative Development to Department of Information Technology shall, acting as administrative organizations, assist the Minister in providing state management;
Organizations from National Center for Criminal Record to Vietnam Law Newspaper shall, acting as public service providers, organize state management under the Ministry.
The Department of General Affairs on Legislative Development has 4 divisions, the Department of Criminal and Administrative Legislation has 3 divisions, the Department of Economic-Civil Legislation has 4 divisions, the Department of International Legislation has 4 divisions, the Department of Personel and Organization has 5 divisions and the Department of International Cooperation has 3 divisions.
Thus, the organizational structure of the Ministry of Justice has been reduced to 02 units, including: Department of Emulation - Reward and Department of Southern Affairs.
At the same time, the Division of Legal Dissemination and Education shall be adjusted into the Department of Legal Dissemination and Education; Division of Adoption to Department of Adoption; renamed the Institute of Legal Research to the Institute of Strategy and Legal Research.
What are the tasks and entitlements of the Ministry of Justice of Vietnam?
Pursuant to Article 2 of Decree No. 98/2022/ND-CP, the Ministry of Justice has 38 tasks and entitlements.
In which, prominent things are the responsibilities for law formulation, law enforcement, law dissemination and education, judgment enforcement, judicial assistance, legal aid, legal work, as follows:
- Submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, draft decrees and resolutions of the Government, and decisions of the Prime Minister according to approved annual law-making programs and plans, and other projects and schemes as assigned by the Government or the Prime Minister.
- Submit to the Government and/or the Prime Minister long-term, five-year and annual development strategies, planning, programs and plans and important national projects; submit to the Prime Minister draft decisions and directives on the domains under the Ministry's state management.
- Promulgate circulars, decisions, directives and other documents under the Ministry’s state management.
- Direct, guide, examine and organize implementation of approved legal normative document, strategies, planning, programs, plans, projects and schemes under the Ministry’s state management.
- Submit to the Government draft strategies and schemes on formulating and completing the legal system and organizing implementation of law; Appraise, participate in the formulation of, and suggest for formulation of law/ordinance submitted by the Government and request for formulation of decrees;…
- Assist the Government in examining legal normative 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;…
- Regarding civil judgment enforcement and administrative judgment enforcement: Manage the organizational structure, personnel and operation of civil judgment enforcement agencies; decide the establishment and dissolution of civil judgment enforcement agencies as prescribed; supervise, expedite and inspect the compliance with law on administrative procedures by Ministries, ministerial agencies, Governmental agencies and the People's Committees of provinces;…
- Regarding criminal records: Direct, guide, urge and inspect the implementation of regulations of law on criminal records;…
- Regarding judicial affairs support: Provide guidelines for and inspect the organization and operation of lawyers, legal consultancy, notary, judicial expertise, auction of property, commercial arbitration, commercial mediation, bailiff and asset management officers;
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See all 38 tasks and entitlements of the Ministry of Justice in Article 2 of Decree No. 98/2022/ND-CP.
Decree No. 98/2022/ND-CP takes effect from January 1, 2023.
Nguyễn Thị Hồng Nhung
