Decree 39/2025/ND-CP on the powers and organizational structure of the Ministry of Justice of Vietnam
What are details of the Decree 39/2025/ND-CP on the powers and organizational structure of the Ministry of Justice of Vietnam?
On February 26, 2025, the Government of Vietnam issued Decree 39/2025/ND-CP outlining the authority and organizational structure of the Ministry of Justice.
In Article 1 of Decree 39/2025/ND-CP, it is stipulated that the Ministry of Justice is an agency of the Government of Vietnam tasked with executing state management functions in areas such as legal construction, enforcement of the law, civil judgment execution, judicial administration, judicial support, legal work, and state management of public service activities within the scope of the Ministry's state management.
Decree 39/2025/ND-CP becomes effective on March 1, 2025.
Decree 39/2025/ND-CP on the powers and organizational structure of the Ministry of Justice of Vietnam (Image from the Internet)
What is the organizational structure of the Ministry of Justice of Vietnam?
According to Article 3 of Decree 39/2025/ND-CP, the organizational structure is as follows:
Article 3. Organizational Structure
- Department of Legal Document Construction.
- Department of Criminal and Administrative Law.
- Department of Civil and Economic Law.
- Department of International Law.
- Department of Personnel Organization.
- Department of International Cooperation.
- Ministry Inspectorate.
- Ministry Office.
- Department of Civil Judgment Execution Management.
[...]
According to the above regulation, the organizational structure of the Ministry of Justice includes:
[1] Administrative organizations assisting the Minister in carrying out state management functions
- Department of Legal Document Construction.
- Department of Criminal and Administrative Law.
- Department of Civil and Economic Law.
- Department of International Law.
- Department of Personnel Organization.
- Department of International Cooperation.
- Ministry Inspectorate.
- Ministry Office.
- Department of Civil Judgment Execution Management.
- Department of Document Review and Administrative Violation Management.
- Department of Legal Dissemination, Education, and Legal Aid.
- Department of Judicial Administration.
- Department of Security Transaction Registration and State Compensation.
- Department of Judicial Support.
- Department of Planning and Finance.
- Department of Information Technology.
[2] Public service providers serving state management under the Ministry
- Institute of Legal Strategy and Science.
- Judicial Academy.
- Journal of Democracy and Law.
- Vietnam Law Newspaper.
Additionally, the Department of Legal Document Construction consists of 3 sections, the Department of Criminal and Administrative Law has 3 sections, the Department of Civil and Economic Law has 4 sections, the Department of International Law has 4 sections, the Department of Personnel Organization comprises 5 sections, and the Department of International Cooperation includes 3 sections.
Who has the authority to propose the appointment of the Minister of Justice of Vietnam?
Based on Article 70 of the 2013 Constitution:
Article 70.
The National Assembly has the following tasks and powers:
[...]
- To regulate the organization and activities of the National Assembly, President, Government of Vietnam, People's Court, People's Procuracy, National Election Council, State Audit, local government, and other agencies established by the National Assembly;
- To elect, approve, dismiss the President, Vice President, Chairman of the National Assembly, Vice-Chairman of the National Assembly, Members of the Standing Committee of the National Assembly, Chairman of the Ethnic Council, Chairmen of the National Assembly Committees, Prime Minister of the Government of Vietnam, Chief Justice of the Supreme People's Court, Head of the Supreme People's Procuracy, Chairman of the National Election Council, General State Auditor, heads of other agencies established by the National Assembly; to approve the appointment, dismissal, removal from office of the Deputy Prime Minister of the Government of Vietnam, Ministers, and other members of the Government of Vietnam, Judges of the Supreme People's Court; to approve the list of members of the National Defense and Security Council, National Election Council.
[...]
According to Article 88 of the 2013 Constitution:
Article 88.
The President has the following tasks and powers:
- To announce the Constitution, laws, ordinances; to propose the Standing Committee of the National Assembly reconsider ordinances within ten days from the date of approval; if the Standing Committee still approves, the President reports it to the National Assembly at the next session for a decision;
- To propose to the National Assembly the appointment, discharge, dismissal of the Vice President, Prime Minister of the Government of Vietnam; based on the National Assembly's resolutions, to appoint, discharge, remove from office the Deputy Prime Minister of the Government of Vietnam, Ministers, and other members of the Government of Vietnam;
- To propose to the National Assembly the appointment, discharge, dismissal of the Chief Justice of the Supreme People's Court, Head of the Supreme People's Procuracy; based on the resolution of the National Assembly, to appoint, discharge, remove from office Judges of the Supreme People's Court; to appoint, discharge, remove from office the Deputy Chief Justice, Judges of other Courts, Deputy Head, Prosecutors of the Supreme People's Procuracy; to decide on special amnesty; based on the resolution of the National Assembly, to announce decisions on amnesty;
- To decide to award orders, medals, state prizes, state honorary titles; to decide on naturalization, renunciation, restoration of nationality, or deprivation of Vietnamese nationality;
[...]
According to the regulations above, the National Assembly has the power to approve the proposal to appoint the Minister of Justice.
Additionally, the President has the authority, based on the National Assembly's resolution, to appoint the Minister.
