Duties and powers of the Department of Legal Affairs in Vietnam from October 2, 2024

Duties and powers of the Department of Legal Affairs in Vietnam from October 2, 2024 (Image from the internet)

On October 2, 2024, Vietnam Social Security issued Decision 1689/QD-BHXH regulating the functions, duties, powers, and organization of the Department of Legal Affairs.

Duties and powers of the Department of Legal Affairs in Vietnam from October 2, 2024

In Article 2 of Decision 1689/QD-BHXH 2024, the duties and powers of the Department of Legal Affairs in Vietnam are regulated as follows:

(1) Legal construction and establishment of agency rules and regulations in Vietnam

- Lead, cooperate with relevant units to advise and assist the Director General:

+ Provide opinions on proposals, projects, and drafts of legal normative documents sent for consultation as assigned by the Director General.

+ Propose to competent state agencies to promulgate, amend, or supplement legal normative documents related to Vietnam Social Security as assigned by the Director General.

- Coordinate with the Office of Vietnam Social Security to develop, amend, supplement, or comment on draft regulations and rules of Vietnam Social Security as assigned by the Director General.

- Provide opinions on documents directing and guiding sector-wide operations drafted by units under Vietnam Social Security at the Central level (hereinafter referred to as subordinate units).

(2) Document appraisal work

Appraise documents drafted by subordinate units before submitting them to the Director General or Deputy Director General for signature, including:

- Documents guiding operations, regulations, procedures, rules, programs, and plans applicable throughout the sector.

- Schemes, projects; documents seeking opinions on professional matters sent to the Government of Vietnam, Ministries, and sectors; documents exchanged or cooperated with People's Committees of provinces and centrally managed cities.

- Specific documents such as:

+ Documents related to violation handling, disciplinary actions, dispute resolution;

+ Documents for resolving prolonged and complex complaints and denunciations;

+ Documents related to cases with court judgments;

+ Documents related to deadlines, statute of limitations, document validity;

+ Documents related to legal application issues.

- Other documents as requested by sector leadership.

(3) Examination of legal normative documents

Collaborate with legal organizations in the Ministry of Labor, Invalids and Social Affairs, Ministry of Health, and Ministry of Finance to examine legal normative documents in the fields of social insurance, health insurance, and unemployment insurance.

(4) Review and systematize documents issued by Vietnam Social Security

- Annually, lead the development of plans to review and systematize documents issued by Vietnam Social Security and cooperate with related units to implement the plan after approval; guide, monitor, urge, and inspect plan implementation; submit review results and processing plans for overlapping or inappropriate documents to the Director General, and propose document issuance for unregulated areas.

- Lead and cooperate with units to compile and systematize legal documents on social insurance, unemployment insurance, and health insurance.

(5) Legal education and dissemination work

- Lead, cooperate with relevant units to advise and assist the Director General:

+ Issue annual legal education and dissemination plans according to regulations and organize implementation after approval.

+ Organize legal education and dissemination in the fields of social insurance, unemployment insurance, and health insurance; guide and inspect legal education and dissemination work of Vietnam social insurance in provinces and centrally managed cities (hereinafter referred to as provincial social insurance).

+ Implement policies and report legal dissemination and education results to the Ministry of Justice according to regulations.

- Coordinate with the Ministry of Justice to manage state work on legal dissemination and education.

(6) Monitoring the enforcement of laws

- Lead, cooperate with relevant units to advise and assist the Director General:

+ Issue annual plans to monitor law enforcement according to regulations and organize implementation of the program and plans after approval.

+ Implement plans to monitor the enforcement of laws within the sector; guide and inspect the monitoring work of subordinate units and provincial social insurance; handle violations within authority if any.

- Implement policies and report law enforcement monitoring results to the Director General, who will forward them to the Ministry of Justice according to regulations.

- Lead or cooperate with relevant units to handle, propose, and recommend preventive measures and remedies for legal violations, rules, and regulations as assigned by the Director General.

(7) Management of law enforcement on administrative violation handling

- Lead, cooperate with relevant units to advise and assist the Director General in managing law enforcement on administrative violation handling within the management scope of Vietnam Social Security: Organize dissemination, training, and professional development in applying laws on administrative violation handling within the management authority of Vietnam Social Security; issue and organize annual inspection plans for law enforcement on administrative violation handling according to regulations; inspect law enforcement on administrative violation handling; handle violations within authority if any.

- Implement policies and report law enforcement results on administrative violation handling to the Director General, who will forward them to the Ministry of Justice according to regulations.

- Coordinate with related units in proposing competent authorities to issue normative documents on administrative violation handling.

(8) Legal advisory work to assist the Director General

- Direct and guide provincial social insurance to file and send documents proposing prosecution to competent proceeding bodies upon detection of criminal-signaling acts in social insurance, unemployment insurance, and health insurance fields; monitor, summarize, and report on prosecution proposal results according to regulations.

- Support legal issues for social insurance agencies at all levels when participating in litigation to protect the legal rights and interests of the sector according to law.

- Provide legal opinions on important decisions, directive documents, and contracts presented by subordinate units for sector leaders' signatures upon the sector leaders' request.

(9) State compensation work

- Lead, cooperate with relevant units to advise and assist the Director General: Implement assignments related to state compensation work within the management scope of Vietnam Social Security according to regulations.

- Coordinate with the Ministry of Justice to manage state work on state compensation.

(10) Guidance and inspection on legal operations to provincial social insurance; direct document inspection and handling in the Vietnam Social Security sector and report implementation results according to regulations.

(11) Assist the Director General in monitoring and managing forensic appraisal work by case

- Be the focal point for monitoring forensic appraisal work by case in the Vietnam Social Security sector; receive decisions to requisition forensic appraisal in social insurance, unemployment insurance, and health insurance fields.

- Lead, cooperate with units to advise the Director General to issue decisions recognizing, adjusting, or canceling recognition of forensic appraisers by case, organize forensic appraisals by case in social insurance, unemployment insurance, and health insurance fields, and send to the Ministry of Justice according to regulations.

- Summarize and evaluate the organization, activities of forensic appraisal in the Vietnam Social Security sector and prepare periodic or ad hoc reports to the Ministry of Justice; annually, based on award proposals from units, cooperate with the Department of Emulation and Commendation to promptly propose awards for individuals and organizations with outstanding achievements in forensic appraisal activities in social insurance, unemployment insurance, and health insurance fields.

(12) Lead and cooperate with relevant units to develop administrative reform plans for Vietnam Social Security; compile periodic administrative reform reports to the Ministry of Home Affairs according to regulations.

(13) Participate in international cooperation activities; scientific research; administrative reform; apply quality management systems according to national standards TCVN; emulation, commendation; information, communication; professional training according to unit functions and duties.

(14) Implement policies on information, statistics, reports, documentation, and archiving according to regulations; apply information technology in professional fields under assigned functions and duties.

(15) Manage officials and public employees, unit assets according to regulations.

(16) Perform other tasks as assigned by the Director General or according to laws.

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