Supplementing the Duties and Powers of the Legal Affairs Organization in Public Service Providers from July 2, 2024

Supplementing the Duties and Powers of Legal Organizations at Public Service Providers

On May 18, 2024, the Government of Vietnam issued Decree 56/2024/ND-CP amending and supplementing several articles of Decree 55/2011/ND-CP stipulating the functions, duties, powers, and organizational structure of legal organizations.

Article 5a of Decree 55/2011/ND-CP, supplemented by Clause 6, Article 1 of Decree 56/2024/ND-CP, stipulates the duties and powers of legal organizations at public service providers as follows:

- Drafting, amending, supplementing, or commenting on the internal regulations of public service providers, documents, and contracts as assigned by the Management Board and the Head of the unit; recommending to competent state agencies the promulgation or amendment and supplementation of legal documents related to the organization and operation of public service providers.

- Advising and consulting on legal matters regarding the organization and operation of public service providers as assigned by the Management Board and the Head of the unit.

- Disseminating and educating public employees and workers about laws, internal regulations, and rules of public service providers.

- Monitoring, urging, and inspecting the implementation of laws, internal regulations, and rules within the unit.

- Performing other tasks assigned by the Management Board, the Head of the unit, or as prescribed by law.

What are the Responsibilities of the Head of a Public Service Provider?

Article 16a of Decree 55/2011/ND-CP, supplemented by Clause 13, Article 1 of Decree 56/2024/ND-CP, stipulates the responsibilities of the Head of a public service provider as follows:

- Building and consolidating the legal organization within the public service provider.

- Directly overseeing legal affairs at the public service provider; directing and inspecting the implementation of legal tasks at the public service provider.

- Organizing the legal department or assigning public employees to ensure legal affairs, budgeting, and necessary conditions for the legal activities at the public service provider.

- Reporting on legal affairs periodically every year or upon sudden request to the supervisory agency for aggregation and submission to the Ministry of Justice.

Supplementing the duties and powers of legal organizations at public service providers from July 2, 2024? (Image from the Internet)

When Does Decree 56/2024/ND-CP Take Effect?

Article 4 of Decree 56/2024/ND-CP stipulates support levels for those performing legal affairs in state agencies as follows:

Effective Date

1. This Decree takes effect from July 2, 2024.

2. Based on the job position for professional legal duty in administrative agencies and organizations, those performing legal affairs at ministries, ministerial-level agencies, and agencies under the Government of Vietnam shall receive support at a rate of 60,000 VND/day of work. Those at specialized agencies under the provincial People's Committee shall receive support at a rate of 40,000 VND/day of work. This support regime is applied until the implementation of the salary policy reform according to Resolution No. 27-NQ/TW dated May 21, 2018, of the Seventh Central Conference of the 12th Central Executive Committee on reforming the salary policy for officials and public employees, armed forces, and employees in enterprises.

3. Legal Departments at specialized agencies under the provincial People's Committee established before this Decree takes effect shall continue to be maintained and consolidated. In cases where specialized agencies have an Office with legal tasks assigned to the Inspectorate or a specialized, professional department, within 12 (twelve) months from the effective date of this Decree, the tasks must be rearranged and assigned to the Office for implementation.

In cases where specialized agencies do not have an Office but legal tasks are assigned to other non-specialized, professional departments, within 12 (twelve) months from the effective date of this Decree, the tasks must be rearranged and assigned to the specialized, professional department for implementation.

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5. In cases where the appointment process of the head of the legal organization is ongoing, it shall continue following the provisions of Decree No. 55/2011/ND-CP dated July 4, 2011, of the Government of Vietnam, stipulating the functions, duties, powers, and organizational structure of legal organizations.

Therefore, Decree 56/2024/ND-CP takes effect from July 2, 2024.

Sincerely!