Regulations on the organizational structure of the Department of International Legislation in Vietnam

Regulations on the organizational structure of the Department of International Legislation in Vietnam (Internet image)

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

The Department of International Legislation belongs to which Ministry in Vietnam?

The Department of International Legislation is a unit under the Ministry of Justice, with the function of advising and assisting the Minister in carrying out construction work, participating in the formulation, commenting, and appraisal of international treaties and international agreements, proposing to develop legal documents and projects, drafting legal documents related to international law according to the provisions of law; participating in international dispute resolution according to the provisions of law; State managing state-sponsored mutual legal assistance activities.

Thus, the Department of International Legislation is a unit under the Ministry of Justice

(Article 1 of Decision 956/QD-BTP 2018)

Regulations on the organizational structure of the Department of International Legislation in Vietnam

Specifically, Clause 1, Article 3, Decision 956/QD-BTP of 2018 stipulates the organizational structure of the Department of International Legislation as follows:

- Department leaders:

Department leaders include the Director and no more than three (03) Deputy Directors.

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

Deputy Directors assist the Director in managing and operating the Department's activities; assigned by the Director to directly manage a number of areas and work tasks; Responsible to the Director of the Department and to the law for assigned work areas.

- Organizations under the Department:

+ International Public Law and Human Rights Department;

+ Department of International Justice and Mutual Legal Assistance;

+ Department of Foreign Investment Law and International Dispute Resolution;

+ Department of Commercial Law, International Finance, and General Affairs.

The establishment, merger, separation, and dissolution of organizations under the Department are decided by the Minister on the basis of the proposal of the Director of the Department of Personnel and Organization and the Director of the Department of International Legislation in accordance with the provisions of law. .

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

Some tasks and powers of the Department of International Legislation in Vietnam

The Department of International Legislation (hereinafter referred to as the Department) has the following tasks and powers:

- Develop and submit to the Minister long-term, 5-year, and annual work plans of the Department; participate in building strategies, planning, and long-term, 5-year, and annual development plans of the Judicial sector.

- Research and propose strategic issues, projects, and solutions in building and perfecting Vietnamese law to ensure compatibility of domestic law with international treaties to which Vietnam is a member.

- Develop, participate in the development and negotiation, appraisal, and comment on international treaties, international agreements, foreign loan agreements on behalf of the State and Government; other international treaties, and official development assistance (ODA) loan agreements (except international treaties, international agreements on legal cooperation with foreign countries, general cooperative relations between Vietnam and other countries, and international organizations).

- Preside over the implementation of the Ministry's focal point on international treaty work; chair and coordinate with units under the Ministry in implementing international treaties in fields within the Ministry's state management scope (except for international treaties on adoption, legal cooperation with foreign countries, and general cooperation between Vietnam and other countries, international organizations, or international treaties that the Minister assigns to other units under the Ministry).

- Submit to the Minister for legal opinions on international treaties on official development assistance loans and preferential loans; loan agreements on behalf of the State, Government or Ministry of Finance; Government guarantee documents; Agreement to issue international bonds of the Government.

- Chair or participate in developing, commenting on, and appraising proposals for developing and appraising projects; draft legal documents, strategies, programs, and projects in the field related to international law (according to the Appendix issued with Decision 956/QD-BTP) and other construction proposals, projects, and draft legal documents assigned by the Minister.

- Organize and implement strategies, programs, plans, projects, and proposals to develop legal documents, projects, and draft legal documents within the scope of functions of the Department.

- Review, systematize, and consolidate legal documents and legal codes of the legal normative system within the scope of functions and tasks of the Department.

(More details can be found in Article 2 of Decision 956/QD-BTP 2018)

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