Duties and powers of the Legal Affairs Department under the Ministry of Education and Training in Vietnam

Duties and powers of the Legal Affairs Department under the Ministry of Education and Training in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Position and functions of the Legal Affairs Department under the Ministry of Education and Training in Vietnam

Legal Affairs Department is a unit under the Ministry of Education and Training, performing the function of advising and assisting the Minister in performing state management functions by law in the Education sector and organizing the implementation of legal work according to regulations.

(Article 33 of Decision 4668/QD-BGDDT 2022)

2. Duties and powers of the Legal Affairs Department under the Ministry of Education and Training in Vietnam

The tasks and powers of the Legal Affairs Department under the Ministry of Education and Training in Vietnam are specified in Article 34 of Decision 4668/QD-BGDDT in 2022 including:

- Regarding legal development in the field of education:

+ Propose the development of a work program for the Government and the Prime Minister within the state management scope of the Ministry of Education and Training; Propose the promulgation of an annual and long-term law-making program of the Ministry of Education and Training; organize the implementation of law-making programs; Monitor and urge the drafting of legal documents for units;

+ Appraise draft legal documents under the Minister's authority;

+ Participate in legal opinions on draft legal documents drafted by the Ministry;

+ Preside over preparing opinions on the content of opinion ballots for Government members;

+ Coordinate with relevant units to comment on international treaties and agreements under the signing authority of the Ministry of Education and Training or the Ministry of Education and Training to submit to the Government for signing;

+ Preside over comments on draft legal documents sent by agencies and units outside the Ministry to seek opinions on the content of the draft document related to the functions and tasks of many units without being able to identify the presiding unit, or whether the draft document is of a general nature.

- Regarding legal work in the Education sector:

+ Advise on building and perfecting the legal system of the Education sector; develop programs and organize knowledge and skills training for legal officers in the Education sector and civil servants and public employees of units under and under the Ministry of Education and Training; guide and inspect sectoral legal work; inspect the implementation of legal documents for departments of education and training and higher education institutions;

+ Preside over the implementation of the legal normative system; Consolidate legal documents under the authority of the Ministry of Education and Training according to the provisions of the law;

+ Focal point to monitor the implementation of laws in the Education sector and monitor the implementation of laws on handling administrative violations in the field of education;

+ Providing legal advice; organizing and guiding the work of disseminating and educating the law; state compensation work; and providing legal support for businesses under the Ministry of Education and Training.

- Regarding the inspection, processing, and review of systematization of legal documents:

+ Assist the Minister in self-inspecting legal documents issued by the Ministry and jointly issued by the Ministry. Check according to authority, legal documents with content related to the field of education; Submit to the Prime Minister and propose to Ministers, Heads of ministerial-level agencies, or other relevant agencies to handle illegal documents on education according to their authority;

+ Carry out the review and systematization of legal documents in the field of education at the request of the Government, Prime Minister, Ministers and ministries and branches.

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