What is the Legal Aid Department? The organizational structure of the Legal Aid Department in Vietnam

What is the Legal Aid Department? The organizational structure of the Legal Aid Department in Vietnam (Source: Internet)

1. What is the Legal Aid Department?

According to Article 1 of Decision 759/QD-BTP dated April 18, 2018, the Legal Aid Department is a unit directly under the Ministry of Justice, with the function of advising and assisting the Minister in state management and organizing law enforcement in the field of judicial assistance, including:

+ Lawyers;

+ Legal counsel

+ Notarization;

+ Legal knowledge;

+ Auction of assets;

+ Commercial dispute resolution;

+ Asset manager;

+ Redundancy;

+ Commercial mediation in accordance with the provisions of the law, as well as decentralization and the Minister of Justice's authorization.

The Legal Aid Department is a legal entity, headquartered in Hanoi, with its own seal and account in accordance with the law.

2. Organizational Structure of the Legal Aid Department in Vietnam

The organizational structure of the Judicial Assistance Department according to Clause 1, Article 3 of Decision 759/QD-BTP dated April 18, 2018 is as follows:

The organizational structure of the department includes:

+ The head of the Department:

The leadership of the Department consists of the Director and no more than three Deputy Directors.

The Director of the Department is responsible before the Minister and before the law for the performance of the assigned tasks and powers of the Department.

The Deputy Directors assist the Director in managing and directing the Department's activities; are assigned by the Director to directly manage a number of fields and tasks; and take responsibility before the Director and before the law for the assigned fields and tasks.

+ Departmental organizations include:

- Office of the Department;

- Lawyer Management Department, legal advice;

- Notary management and bailiffs' office;

- Department of Asset Auction Management, Arbitration, and Commercial Mediation;

- The Division of Inspector of Judicial Assistance and judicial expertise management;

The establishment, merger, division, and dissolution of organizations under the Department shall be decided by the Minister at the request of the Director of the Legal Aid Department and the Director of the Department of Organization and Personnel.

The functions, tasks, powers, and working relationships among the organizations under the Department are prescribed by the Director.

3. Payroll within Legal Aid Department in Vietnam

According to Clause 2, Article 3 of Decision 759/QD-BTP dated April 18, 2018, the administrative payroll of the Department belongs to the administrative payroll of the Ministry of Justice of Vietnam and is allocated by the Minister at the request of the Director of the Legal Aid Department and the Director of Organization and Personnel.

4. Duties and powers of the Legal Aid Department in Vietnam

The duties and powers of the Judicial Assistance Department according to Article 2 of Decision 759/QD-BTP dated April 18, 2018 are as follows:

- Develop and submit to the Minister for approval the Department's long-term, 5-year and annual working plans; participate in the formulation of long-term, 5-year and annual development strategies, plans and plans for the Justice sector.

-Assume the prime responsibility for, and coordinate with relevant units in, formulating and submitting to the Minister the strategy, planning, and policy on the development of the legal profession, notarization, judicial expertise, asset auction, and legal advice; commercial arbitration; arbitrator; bailiff; commercial mediation.

- Preside over the formulation of projects, schemes and draft legal documents under the management of the Department and submit them to the Minister for promulgation according to his/her competence or submit them to competent agencies for promulgation; participate in the appraisal and comment on projects, draft documents in the field of judicial assistance and other documents assigned by the Minister.

- Develop and submit to the Minister for promulgation and guide the uniform use of documents and papers on lawyers, legal counsel, notarization, and judicial expertise; asset auction, commercial arbitration, asset management officer, bailiff, and commercial mediation in accordance with law.

- Review, systematize and consolidate legal documents and the legal system of the legal system under the management of the Department according to the provisions of law and the decentralization of the Ministry.

- Organize the implementation of master plans, plans, strategies, programs, schemes, and legal documents under the management of the Department.

- Monitor and summarize the situation and results of the implementation of guidelines, policies, solutions, and legal documents in the field of judicial assistance.

- Carry out specialized inspections in the fields of lawyers, legal advice, notarization, judicial expertise, property auction, commercial arbitration, and other fields as prescribed by law.

- Specialized management tasks in the field of lawyers and legal advice:

+ To receive and examine dossiers and submit them to the Minister for decision on the grant and revocation of law practice certificates and practice licenses in Vietnam for foreign lawyers;

Renewal of a foreign lawyer's license to practice law in Vietnam, a license to establish a branch for a foreign law firm, and a license to establish a branch of a foreign law firm in Vietnam.

Receive and examine dossiers and submit them to the Minister for decision on recognition of law school graduations granted by competent foreign agencies and organizations;

Receive and verify the application for the establishment of a law-training institution to submit to the Minister for a decision granting a license to establish a law-training institution; guide and supervise the organization of the examination of the results of the law practice probation;

+ Implement measures to direct and administer state management in the field of lawyers and legal advice; monitor, guide, and inspect the performance of state management tasks in the field of lawyers and legal advice in accordance with legal provisions and the Ministry's decentralization;

+ Promulgate, in accordance with its competence documents, professional guidance on the organization and operation of lawyers, as well as legal advice in accordance with the provisions of law and the Ministry's decentralization.

- Specialized management tasks in the field of notarization:

+ Receive and verifying dossiers and submitting them to the Minister for decision on the appointment, re-appointment, and dismissal of notaries;

+ Manage the organization, training, and retraining of the notary profession;

+ Implement measures to direct and administer state management in the field of notarization; monitor, guide, and inspect the performance of state management tasks in the field of notarization according to the provisions of law and the decentralization of the Ministry;

+ Promulgate documents and professional instructions on notarization organization and activities in accordance with the provisions of law and the Ministry's decentralization.

- Specialized management tasks in the field of judicial expertise:

+ Gather, compile, and post a general list of judicial experts and judicial expertise organizations according to the case on the website of the Ministry of Justice in accordance with the law and the Ministry's decentralization;

Receive and examine dossiers and submit them to the Minister for his opinion on the establishment of a public judicial expertise organization under the decision-making competence of the ministry or ministerial-level agency in charge of the specialized field and locality;

+ Implement measures to direct and administer state management in the field of judicial expertise; monitor, guide, and inspect the performance of state management tasks in the field of judicial expertise according to the provisions of law and the decentralization of the Ministry;

+ Promulgate documents and professional instructions on the organization and operation of judicial expertise in accordance with the provisions of law and the Ministry's decentralization. 

- Specialized management tasks in the fields of asset auction and commercial arbitration:

+ Receive and verify dossiers and submit them to the Minister for issuance of the auctioneer practice certificate and revocation of the auctioneer practice certificate; guide and inspect the issuance of auctioneer cards.

+ Receive and examine dossiers and submit them to the Minister for the issuance and revocation of the arbitration center's establishment license and the establishment license of the foreign arbitration institution's branch or representative office in Vietnam; appraise the draft Arbitration Center Charter for submission to the Minister for approval;

+ Implement measures to direct and administer state management in the field of asset auction and commercial arbitration; monitor, guide, and inspect state management tasks in the field of asset auction and commercial arbitration in accordance with the provisions of law and the Ministry's decentralization;

+ Promulgate according to its competence documents and professional guidance on the organization and operation of asset auction and commercial arbitration in accordance with the law and the Ministry's decentralization.

- Specialized management tasks in the field of asset management:

+ Receive and verify dossiers before submitting them to the Minister for asset management practice certificate issuance, revocation, and re-grant;

+ Put in place measures to direct and administer state management in the field of asset management; monitor, guide, and inspect the performance of state management tasks in the field of asset management in accordance with the law and the Ministry's decentralization;

+ Promulgate documents and professional instructions on the organization and operation of asset administrators in accordance with the provisions of law and the Ministry's decentralization;

+ Create, publicize, and manage a national list of asset management officers and businesses that practice asset management and liquidation; create a database of asset management, asset management, and liquidation businesses.

- Specialized management tasks in the field of bailiff:

+ Receive and examine dossiers before submitting them to the Minister for bailiff appointment and dismissal;

+ Implement measures to direct and administer state management in the field of bailiffs; monitor, guide, and inspect the performance of state management tasks on bailiffs according to the provisions of law and the decentralization of the Ministry;

+ Promulgate according to its competence documents and professional instructions on the organization and operation of bailiffs according to the provisions of law and the decentralization of the Ministry;

- Specialized management tasks in commercial mediation:

+ Receive and verify dossiers before submitting them to the Minister for the grant, re-grant, revocation, and change of contents of the commercial mediation center's establishment license, as well as the decision to add commercial mediation activities to the arbitration center.

Issuing, re-granting and revoking the establishment license of a branch or representative office of a foreign commercial mediation organization in Vietnam;

+ Implement measures to direct and administer state management in the field of commercial mediation; monitor, guide, and inspect the performance of state management tasks on commercial mediation in accordance with law and the Ministry's decentralization;

+ Promulgate documents and professional instructions on the organization and operation of commercial mediation in accordance with the provisions of law and the Ministry's decentralization;

+ Publicize the list of commercial mediators and the list of commercial mediation organizations nationwide.

- Monitor and manage the activities of the Vietnam Bar Federation, the Vietnam Association of Notaries, bar associations, notary associations, and other socio-professional organizations in the field of legal aid according to the provisions of law and decentralization of the Ministry.

- Carry out the preliminary, summary, and synthesis of statistics periodically or irregularly on the fields and tasks under the management of the Department;

Prepare reports on the organization and operation of lawyers and legal consultants; notarization; judicial expertise; asset auction; commercial arbitration; asset management officer; bailiff; commercial mediation for the Minister to report to the government and Prime Minister according to regulations.

- Implement international cooperation in the field of judicial assistance in accordance with the law and decentralization of the Ministry.

- Settle or participate in the settlement of complaints and denunciations; receive or participate in receiving citizens; carry out anti-corruption and anti-corruption activities; and handle law violations in the fields under the management of the Department and the decentralization of the Ministry.

- Manage and maintain the operation of the judicial supplement information page; apply information technology; build, update, and manage databases serving state management activities in the field of judicial assistance.

- Participate in scientific research, training and fostering of civil servants and public employees; and disseminate and educate laws in the fields under the Department's management; implement the administrative reform program according to the provisions of law and the decentralization of the Ministry.

- Organize emulation, commendation, and management of the contingent of civil servants and employees of the unit according to the provisions of law and the decentralization of the Ministry.

- Implement the regulations on finance, accounting, management, and use of the Department's budget and assets according to the provisions of law and the decentralization of the Ministry.

- Perform other tasks and exercise other powers as prescribed by law or as assigned by the Minister.

Quoc Dat

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