What standards must legal officers in State agencies meet?
Who Are Legal Affairs Officers in State Agencies?
According to Article 11 of Decree 55/2011/ND-CP, legal affairs officers include:
- Legal affairs civil servants recruited and appointed in legal affairs organizations in Ministries, Ministerial-level agencies, agencies under the Government of Vietnam, and specialized agencies under Provincial People's Committees.
- Legal affairs officers mobilized or recruited into legal affairs organizations in units of the People's Army and People's Public Security.
- Legal affairs public employees recruited and appointed in legal affairs organizations in public service providers.
- Legal affairs staff recruited under labor contract policies into legal affairs organizations in state enterprises.
Who should meet the standards as Legal Affairs Officers at State Agencies?
Who Should Meet the Standards as Legal Affairs Officers at State Agencies?
The standards for legal affairs officers are stipulated in Clause 1, Article 12 of Decree 55/2011/ND-CP. Specifically:
- Legal affairs civil servants recruited and appointed in legal affairs organizations in Ministries, Ministerial-level agencies, agencies under the Government of Vietnam, and specialized agencies under Provincial People's Committees must meet the following standards:
+ Civil servants at the rank of experts or equivalent.
+ Bachelor of Laws degree or higher.
- Legal affairs public employees recruited and appointed in legal affairs organizations in public service providers as public employees:
+ Professional title.
+ Bachelor of Laws degree or higher.
- Heads of legal affairs organizations must:
+ Have a Bachelor of Laws degree or higher.
+ Have at least five years of direct legal work experience.
- Legal affairs officers in the People's Army and People's Public Security:
Ministers of Defense and Public Security, based on the standards of legal affairs officials and public employees stipulated in points a and b, Clause 1, Article 12 of Decree 55/2011/ND-CP, will provide specific guidelines on the standards for legal affairs officers in the People's Army and People's Public Security.
Duties and Powers of Legal Affairs Organizations in Ministries and Ministerial-level Agencies
According to Article 3 of Decree 55/2011/ND-CP (amended and supplemented by Clause 2, Article 8 of Decree 92/2017/ND-CP), the duties and powers of legal affairs organizations in Ministries and Ministerial-level agencies are as follows:
- Regarding Lawmaking:
+ Lead and cooperate with related units to make proposals for law and ordinance development, submitting them to the Minister, head of Ministerial-level agency to send to the Ministry of Justice for the law and ordinance development program of the National Assembly; make proposals for Government decrees and submit them to the Minister, head of Ministerial-level agency to send them to the Office of the Government and the Ministry of Justice for the Government decree development program; organize guidance, follow-up, supervision, inspection, and reporting on the progress of program implementation when approved;
+ Lead and cooperate with related units to draft long-term and annual programs and plans for lawmaking of the Ministry or Ministerial-level agency; organize guidance, follow-up, supervision, inspection, and reporting on the progress once the programs and plans are approved;
+ Lead or participate in drafting legal normative documents as assigned by the Minister or head of Ministerial-level agency;
+ Lead the appraisal of draft legal normative documents drafted by units under the Ministry or Ministerial-level agency or agencies under the Government operating in the sector managed by the Ministry or Ministerial-level agency before submission to the Minister or head of Ministerial-level agency for signing and issuance;
+ Lead or cooperate with related units to organize the preparation of draft legal normative document dossiers for the Minister or head of Ministerial-level agency to request feedback from agencies, organizations, units, or individuals or request the Ministry of Justice for appraisal before submitting to the Government or the Prime Minister;
+ Lead or cooperate with related units to help the Minister or head of Ministerial-level agency provide feedback on draft legal normative documents sent for comments;
+ Lead or cooperate with related units to assist the Minister or head of Ministerial-level agency in negotiating, signing, joining, and implementing international treaties and agreements within the sector managed by the Ministry or Ministerial-level agency as prescribed by law.
- Regarding Revision, Codification of Legal Normative Documents and Systematization of Legal Norms:
+ Lead and cooperate with related units to draft plans for revising and codifying legal normative documents within the sector managed by the Ministry or Ministerial-level agency and guide, supervise, inspect, and implement once approved;
+ Lead and cooperate with related units to organize the revision, codification of legal normative documents related to the sector managed by the Ministry or Ministerial-level agency according to the plan once approved;
+ Every six months and annually, submit to the Minister or head of Ministerial-level agency the results of legal normative document review related to the sector managed by the Ministry or Ministerial-level agency and propose solutions for handling conflicting, overlapping, unlawful, or inappropriate legal norms;
+ Draft reports on the results of revising and codifying legal normative documents for submission to the Minister or head of Ministerial-level agency to send to the Ministry of Justice for compilation and reporting to the Government;
+ Lead the systematization of legal norms related to the sector managed by the Ministry or Ministerial-level agency as prescribed by law.
- Regarding Inspection and Handling of Legal Normative Documents:
Lead and cooperate with related units to help the Minister or head of Ministerial-level agency inspect and handle legal normative documents related to the sector managed as prescribed by law.
- Regarding Legal Dissemination and Education:
+ Lead the drafting of long-term and annual legal dissemination and education programs and plans for submission to the Minister or head of Ministerial-level agency and organize the implementation once approved;
+ Lead and cooperate with related units to organize legal dissemination and education on the sector managed; guide and inspect the legal dissemination and education of units under the Ministry or Ministerial-level agency and specialized agencies under Provincial People's Committees;
+ Every six months and annually, conduct inspections, preliminary reviews, and final reviews on legal dissemination and education reporting to the Minister or head of Ministerial-level agency;
+ Every six months and annually draft reports on the results of legal dissemination and education for submission to the Minister or head of Ministerial-level agency to send to the Ministry of Justice for compilation and reporting to the Government.
- Regarding Monitoring Law Implementation and Legal Compliance:
Lead and cooperate with related units to help the Minister or head of Ministerial-level agency inspect and monitor law implementation within the sector managed by the Ministry or Ministerial-level agency as prescribed by law.
- Regarding State Compensation Work:
Lead and cooperate with related units to help the Minister or head of Ministerial-level agency manage state compensation work within the sector managed by the Ministry or Ministerial-level agency as prescribed by law.
- Regarding Legal Support for Enterprises:
Lead and cooperate with related units to organize or participate in legal support activities for enterprises under the responsibility of the Ministry or Ministerial-level agency as prescribed by law.
- Regarding Legal Consultation and Litigation Participation:
+ Provide legal comments on handling issues under the responsibility of the Ministry or Ministerial-level agency; provide legal comments on decisions, important directives, and governing documents of the Minister or head of Ministerial-level agency;
+ Lead or cooperate with related units to advise the Minister or head of Ministerial-level agency on legal issues when participating in litigation to protect the legitimate interests of the Ministry or Ministerial-level agency as prescribed by law;
+ Lead or cooperate with related units to participate in addressing, proposing, and recommending preventive and remedial measures for legal violations, internal regulations, and rules as assigned by the Minister or head of Ministerial-level agency.
- Regarding Professional Guidance and Operations in Legal Affairs:
Guide and inspect professional and operational work in legal affairs for legal organizations in General Departments and equivalent units, Departments under the Ministry or Ministerial-level agency, specialized agencies under Provincial People's Committees, and enterprises in which the Ministry or Ministerial-level agency represents the State's capital contribution in the enterprise.
- Regarding Commendation in Legal Affairs Work:
Coordinate with related units to propose to the Minister or head of Ministerial-level agency for rewarding or submitting to competent authorities for rewarding individuals and collectives with outstanding achievements in legal affairs work.
- Regarding International Cooperation in Legal Affairs:
Lead or cooperate with related units to implement international cooperation programs, plans, and projects on legal affairs as assigned by the Minister or head of Ministerial-level agency and as prescribed by law.
- Perform other tasks assigned by the Minister or head of Ministerial-level agency or as prescribed by law.
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