Regulations on organizational structure of the Department of National Legal Aid in Vietnam

Regulations on organizational structure of the Department of National Legal Aid in Vietnam (Internet image)

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

1. Which Ministry does the Department of National Legal Aid belong to in Vietnam?

The Department of National Legal Aid is a unit under the Ministry of Justice, performing the function of advising and assisting the Minister of Justice in the state management and organization of legal aid law enforcement in accordance with the law.

Department of National Legal Aid (hereinafter referred to as the Department) is a unit with legal status, headquartered in Hanoi city, with its own seal and account in accordance with the law.

(Article 1 of Decision 768/QD-BTP in 2018)

2. Organizational structure of the Department of National Legal Aid in Vietnam

Specifically, in Clause 1, Article 3 of Decision 768/QD-BTP in 2018, the organizational structure of the Department of National Legal Aid is as follows:

- Head of Department:

+ Leadership of the Department includes the Director and no more than 03 (three) Deputy Directors.

+ The Director of the Department is responsible before the Minister and before the law for the performance of the functions, 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 and direct a number of fields and tasks; and take responsibility before the Director and before the law for the assigned fields of work.

- Organizations under the Department:

Organizations that assist the Director in performing state management functions include:

+ Office of the Department;

+ Department of Policy and Professional Management of Legal Aid;

+ Department of Finance and Quality Management of Legal Aid;

+ Non-business unit: Legal aid information and data center.

Legal Aid Information and Data Center is a non-business unit under the Department, with its own seal and account in accordance with the law.

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

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

3. Some tasks and powers of Department of National Legal Aid

The Department of National Legal Aid has the following duties and powers:

- Formulate and submit to the Minister the long-term, 5-year, and annual working plans of the Department; participate in the formulation of long-term, 5-year, and annual development strategies, planning and plans of the Justice sector.

- Formulate strategies, plannings, schemes, programs, plans, and projects; draft legal documents on legal aid for the Minister to submit to competent agencies for promulgation or promulgate according to his/her competence; participate in elaborating, appraising, and commenting on projects and draft documents as assigned by the leaders of the Ministry or at the request of units under the Ministry, units of other relevant ministries, and branches.

- Organize the implementation of strategies, plannings, plans, programs, schemes, and projects, as well as legal documents on legal aid, after they are promulgated or approved.

- Formulate and submit to the Minister for promulgation or promulgate according to his/her competence samples of papers in legal aid activities; criteria for defining complex and typical legal aid cases as prescribed by law.

- Guide, organize, and monitor the implementation of legal documents on legal aid; propose policies and solutions to solve problems and perfect the law on legal aid; periodically report to the Minister on the monitoring and enforcement of laws in the domains under the Department's management.

- Assist the Minister in performing the state management of legal aid probation; request the State Legal Aid Center to carry out the legal aid case in accordance with the law.

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

- Assist the Minister-Chairman of the Council for inter-sectoral coordination on legal aid in legal proceedings at the Central level and the assisting group for the Council to perform the duties of the Council's standing agency according to the regulations on organization and operation of the Inter-sectoral Coordination Council on legal aid in legal activities at the central level.

(More details can be found in Article 2 of Decision 768/QD-BTP in 2018)

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