From July 1, 2024, what are the standards for appointment to the position of State Legal Officer in Vietnam?
From July 1, 2024, what are the standards for appointment to the position of State Legal Officer in Vietnam?
In Article 12 of Decree 55/2011/ND-CP (amended by Clause 12, Article 1 of Decree 56/2024/ND-CP), the regulations regarding legal officers and the heads of legal organizations are as follows:
Legal officers and the heads of legal organizations
- Legal officers and the standards for the head of legal organizations
a) A legal officer is a legal official, appointed to the rank of legal officer to perform the duties and powers of a legal organization as prescribed by law;
b) The rank of legal officers includes legal officers, senior legal officers, and principal legal officers;
c) Standards for appointment to the rank of legal officer: A Vietnamese citizen, loyal to the Fatherland, with good moral qualities, a sense of responsibility, integrity, honesty, fairness, objectivity; a bachelor's degree in law or higher; a certificate of legal professional training and other certificates as prescribed by law regarding officials; at least 02 (two) accumulated years performing one of the tasks and powers specified in Chapter II of this Decree, excluding the internship period;
d) Standards for appointment to the rank of senior legal officer: A Vietnamese citizen, loyal to the Fatherland, with good moral qualities, a sense of responsibility, integrity, honesty, fairness, objectivity; a bachelor's degree in law or higher; a certificate of legal professional training and other certificates as prescribed by law regarding officials; a minimum of 09 (nine) years holding the rank of legal officer or equivalent; passed the examination for rank promotion or was considered for promotion from legal officer to senior legal officer or was considered for the rank transfer as per the legal provisions on officials;
dd) Standards for appointment to the rank of principal legal officer: A Vietnamese citizen, loyal to the Fatherland, with good moral qualities, a sense of responsibility, integrity, honesty, fairness, objectivity; a bachelor's degree in law or higher; a certificate of legal professional training and other certificates as prescribed by law regarding officials; a minimum of 06 (six) years holding the rank of senior legal officer or equivalent; passed the examination for rank promotion or was considered for promotion from senior legal officer to principal legal officer, or was considered for the rank transfer as per the legal provisions on officials;
....
Thus, the standards for appointment to the rank of state legal officer are:
- A Vietnamese citizen, loyal to the Fatherland, with good moral qualities, a sense of responsibility, integrity, honesty, fairness, objectivity;
- A bachelor's degree in law or higher;
- A certificate of legal professional training and other certificates as prescribed by law regarding officials;
- At least 02 (two) accumulated years performing one of the tasks and powers specified, excluding the internship period.
From July 1, 2024, what are the standards for appointment to the position of State Legal Officer in Vietnam? (Image from Internet)
Who are the individuals involved in state legal work in Vietnam?
In Article 11 of Decree 55/2011/ND-CP, the individuals involved in legal work include:
(1) Legal officials recruited and appointed to legal organizations in Ministries, Ministry-level agencies, agencies under the Government of Vietnam, and specialized agencies under the Provincial People's Committees.
(2) Legal officers mobilized and recruited into legal organizations in the People's Army and People's Public Security units.
(3) Legal public employees recruited and appointed to legal organizations in public service providers.
(4) Legal staff recruited under labor contract policies into legal organizations in state-owned enterprises.
What are the duties and powers of legal organizations in state-owned enterprises in vietnam?
In Article 7 of Decree 55/2011/ND-CP (amended by Clause 8, Article 1 of Decree 56/2024/ND-CP), the duties and powers of legal organizations in state-owned enterprises are regulated as follows:
- Lead and cooperate with related departments to advise and assist the Board of Members, the Board of Directors, the Chairman of the company, the General Director, the Director of the enterprise in performing tasks related to the internal affairs of the enterprise:
+ Develop, amend, supplement, or give opinions on the charter, internal rules, and regulations of the enterprise;
+ Draft types of contract templates; give legal opinions on draft contracts and agreements prepared by other departments of the enterprise before submitting them to the Board of Members, the Board of Directors, the Chairman of the company, the General Director, and the Director of the enterprise; participate in negotiating and signing contracts and agreements of the enterprise;
+ Disseminate, monitor, urge, and check the implementation of the charter, internal rules, and regulations of the enterprise;
+ Advise and hire legal consultancy for issues related to the production and business activities of the enterprise, evaluate investment environment risks for the enterprise's overseas investment projects; give legal opinions on decisions regarding management organization, reorganization, dissolution, and activities of the enterprise;
+ Participate in resolving disputes and civil, business, commercial, and labor claims to protect the lawful rights and interests of the enterprise; participate in litigation as the authorized representative of the company Chairman, General Director, Director of the enterprise, or advise on hiring lawyers to litigate to protect the lawful rights and interests of the enterprise.
- Lead and cooperate with related departments to advise and assist the Board of Members, the Board of Directors, the Chairman of the company, the General Director, and the Director of the enterprise in implementing laws related to the enterprise:
+ Recommend competent state agencies to issue or amend and supplement legal documents related to the organization, reorganization, dissolution, and operations of the enterprise;
+ Comment on the draft legal documents sent by agencies and organizations for opinions; summarize and evaluate laws related to the organization, reorganization, dissolution, and operations of the enterprise;
+ Disseminate and educate the law;
+ Monitor, urge, and check the implementation of the law; summarize and evaluate the law observance situation, the law compliance consciousness of the employees in the enterprise.
- Perform other tasks assigned by the Board of Members, the Board of Directors, the Chairman of the company, the General Director, the Director of the enterprise, or as prescribed by law.
Respectfully!
