What are the tasks and powers of the Legal Department under the Ministry of Health of Vietnam?

What are the tasks and powers of the Legal Department under the Ministry of Health of Vietnam? (Internet image)

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

What are the tasks and powers of the Legal Department under the Ministry of Health of Vietnam?

The Legal Department under the Ministry of Health of Vietnam has the following tasks and powers:

(1) Legislative work

- Assuming the prime responsibility for, and coordinating with units in, formulating plans for the preparation of annual legislative documents of the Ministry of Health and submitting them to the Minister for approval and monitoring, urging, inspecting, and reporting on the situation and progress of the plan's implementation;

- Assuming the prime responsibility for developing a list of legislative documents to be included in the annual work program of the Government and the Prime Minister and sending it to the Office of the Ministry for synthesis; monitoring, urging, inspecting, and reporting on the status and progress of the program implementation under their charge;

- Guiding and coordinating with relevant units to prepare draft legislative documents for the Minister to request agencies, organizations, units, and individuals to contribute comments or request the Ministry of Justice to appraise it before submitting it to the Government or the Prime Minister;

- Assuming the prime responsibility for internal appraisal of dossiers of requests for formulation of legislative documents and draft legislative documents before submitting them to the Minister for deposit at the Ministry of Justice for appraisal;

- Presiding over the appraisal of draft legislative documents drafted by agencies and units under the Ministry of Health before submitting them to the Minister of Health for signing and promulgation;

- Assuming the prime responsibility for elaborating legislative documents in the specialized fields under his/her charge and as assigned by the Minister;

- Contributing comments on draft legislative documents sent for comments.

(2) Review and systematization of legislative documents on health

- Acting as the focal point for developing annual and periodical plans to review and systematize legislative documents on health by the Ministry of Health; the plan to review and systematize thematic and irregular topics within the assigned functions and tasks and guide, monitor, urge, and inspect the implementation of the plan after it is approved;

- Assuming the prime responsibility for reviewing and systematizing legislative documents on health within their assigned functions and tasks;

- Assuming the prime responsibility for formulating documents announcing annual legislative documents that expire or cease to be effective;

- The focal point for summarizing and reporting the results of the review and systematization of legislative documents of the Ministry of Health;

- Contributing comments on the draft results of review and systematization sent for comments.

(3) Legislative work of the legal system

- Acting as the focal point for formulating the annual legal plan on the legal system of health care and to guide, monitor, and urge the implementation of the plan after it is approved;

- Presiding over the implementation of the legal system of the medical legal system and updating legislative documents into the legal titles of the assigned functions and tasks;

- The focal point for summarizing and reporting on the results of the implementation of the work on codification of the legal system on health by the Ministry of Health;

- Participating in commenting on legal items sent to the legal system for comments.

(4) Consolidation of legislative documents on health

- Acting as the focal point for formulating the annual plan on consolidation of legislative documents on health and to guide, monitor, and urge the implementation of the plan after it is approved;

- Presiding over the consolidation of legislative documents on health within their assigned functions and tasks;

- Summarizing and reporting on the results of the consolidation of legislative documents on health by the Ministry of Health;

- Contributing and commenting on draft documents on the consolidation of legislative documents submitted for comments.

(5) Inspection and handling of legislative documents

- Assuming the prime responsibility for inspecting legislative documents promulgated by ministries, ministerial-level agencies, People's Councils, and People's Committees of provinces on health-related matters; reporting inspection results and proposing to the Minister of Health for handling according to the provisions of law;

- The focal point to assist the Minister of Health in conducting self-inspection of legislative and administrative documents issued by the Ministry of Health, units, and organizations issued by the Ministry of Health showing signs of illegality according to reflections and recommendations of agencies, organizations, and individuals; report the results of self-inspection and propose to the Minister of Health for handling according to the provisions of law.

(6) Law dissemination and education

- Acting as the focal point for formulating the annual plan for law dissemination and education and organizing the implementation of the plan after it is approved;

- Presiding over the dissemination and education of laws within their assigned functions and tasks;

- Guiding and inspecting the dissemination and education of the law on health by units under and under the Ministry of Health and Departments of Health of provinces and centrally run cities;

- The focal point for urging, implementing, and inspecting the organization of Law Day in the Socialist Republic of Vietnam;

- Assuming the prime responsibility for organizing training and fostering the team of legal rapporteurs of the Ministry of Health;

- Organizing the construction, management, and exploitation of the Law Bookcase of the Ministry of Health; the focal point to guide the updating of legal books and documents compiled by agencies and affiliated units on the National Electronic Law Bookcase;

- Participating in answering medical laws within their assigned functions and tasks.

(7) Law enforcement monitoring and law enforcement inspection

- Acting as the focal point in formulating plans to monitor law enforcement and inspect the implementation of the law annually; guiding, urging, and organizing the implementation of the plan after it is approved;

- Assuming the prime responsibility for organizing the monitoring of the law enforcement situation and inspecting the implementation of the health law within its assigned functions and tasks; proposing that the Minister of Health handle the results of monitoring the law enforcement situation and inspecting the implementation of the law in accordance with the law.

(8) Assuming the prime responsibility for, and coordinating with relevant agencies and units in, assisting the Minister of Health in performing the state management of the State's compensation work within the scope of management of the Ministry of Health.

(9) Assuming the prime responsibility for organizing or participating in the implementation of legal support activities for enterprises under the responsibility of the Ministry of Health in accordance with law.

(10) Presiding over or coordinating with consulting units on legal issues and participating in proceedings within their assigned functions and tasks in accordance with law.

(11) Professional guidance and examination in legal work for legal organizations in units under the Ministry of Health, Departments of Health in provinces, and centrally run cities and enterprises in which the Ministry of Health is the representative of the owner of the State's capital contribution in the enterprise.

(12) The focal point for summarizing and reporting on the results of the legal work in the health sector is to submit it to the Minister of Health for approval before sending it to the competent authority in accordance with the law.

(13) Assuming the prime responsibility for, or coordinating with relevant agencies and units in, implementing programs and projects on legal cooperation with foreign countries as assigned by the Minister of Health and in accordance with law.

(14) Performing other tasks assigned by the Minister of Health according to his/her functions, duties, or provisions of law.

(Article 5 of Decision 1977/QD-BYT in 2023)

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