What are the duties and powers of the legal sections of enterprises affiliated to Ministry of National Defense of Vietnam?

What are the duties and powers of the legal sections of enterprises affiliated to Ministry of National Defense of  Vietnam? (Illustrative Image)

Article 21 of Circular 79/2013/TT-BQP specifically stipulates the duties and powers of the legal departments in enterprises under the Ministry of National Defense of Vietnam as follows:

1. Leading and cooperating with relevant departments to consult and assist the Members' Council, the Board of Directors, the Company Chairman, the General Director, and the Enterprise Director in formulating, amending, and supplementing the enterprise's charter; establishing and issuing internal rules and regulations of the enterprise; proposing to competent state agencies the issuance, amendment, or supplementation of legal documents related to the enterprise's production and business activities.

2. Leading or participating in drafting various contract templates; providing legal opinions and appraising draft contracts prepared by other departments of the enterprise before submitting them to the Members' Council, the Board of Directors, the Company Chairman, the General Director, and the Enterprise Director; participating in contract negotiations and signing.

3. Leading and coordinating with relevant departments to contribute opinions to draft legal documents sent by agencies and organizations for consultation; summarizing and evaluating laws related to the enterprise's production and business areas.

4. Leading and cooperating with the enterprise's mass organizations to disseminate and educate about the law, the charter, the internal rules, and regulations of the enterprise to employees.

5. Leading and cooperating with relevant departments to assist the Members' Council, the Board of Directors, the Company Chairman, the General Director, and the Enterprise Director in monitoring, urging, and inspecting the implementation of the law, the charter, the internal rules, and regulations of the enterprise; summarizing and evaluating the legal awareness and compliance of employees within the enterprise.

6. Advising or assisting in legal consultancy regarding issues related to the enterprise's production and business activities, assessing investment and business risk environments for the enterprise's overseas investment projects; providing legal opinions on organizational and management decisions of the enterprise.

7. Leading and cooperating with relevant departments to assist the Members' Council, the Board of Directors, the Company Chairman, the General Director, and the Enterprise Director in resolving disputes to protect the legal rights and interests of the enterprise and its employees; participating in legal proceedings or advising on the hiring of lawyers to participate in legal proceedings as the authorized representative of the Company Chairman, the General Director, and the Enterprise Director to protect the legal rights and interests of the enterprise.

8. Performing other duties assigned by the Members' Council, the Board of Directors, the Company Chairman, the General Director, and the Enterprise Director.

More details can be found in Circular 79/2013/TT-BQP which comes into effect in Vietnam from August 14, 2013.

Ty Na

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