Article 1.
Position and functions
1. The Department of Justice is a specialized
agencies belonging to Ha Nam Province People’s Committee, which
perform the function of advising and assisting Ha Nam Province People’s Committee in
performing the state
management over the following: building and enforcing the law; monitoring law enforcement; inspecting
and handling legal documents; control of administrative procedures; legislation;
dissemination and education of law; conciliation at locally level; civil;
nationality; authentication; adoption; judicial records; state compensation;
legal aid; lawyer; legal advice; notarized; judicial expertise; auction of
assets; commercial arbitration; supervising the implementation of the law on
handling of administrative violations and other judicial work in accordance
with the provisions of law.
2. Department of
Justice has legal
entity, seal and separate account; subject to the direction and management of
the organization, staffing and work of the Ha Nam Province People’s Committee;
and under the direction, guidance, control and inspection of the professional
service of the Ministry of Justice.
Article 2. Responsibilities and powers
1. Submitting to
the Ha Nam Province
People’s Committee:
a) Draft decisions, directives and other documents under the
promulgation competence of provincial-level People's Council and People's
Committee in the judicial;
b) Draft long-term,
five-year and annual plans and schemes, projects, programs and measures to
implement the responsible
of state administrative reform, judicial reform, legal aid under
the deciding competence of the provincial-level People's Councils and People's
Committees in the judicial;
c) Draft plans on development of lawyer's profession,
notarization, auction of property and other legal professions in the localities
under the state
management scope of the provincial-level People's Committee;
d) Draft the document which specifíe the conditions and criteria for title
of heads and deputy heads of units under the Department of Justice; head and deputy head of the office
of justice of the district-level People's Committee or centrally-run cities
(hereinafter collectively referred to as the district-level People's Committee).
2. Submitting to Chairman of the People’s
Committee:
a) Draft decisions on the establishment, merge,
split or dissolution of organizations and units under the Department of Justice in accordance with
provisions of law;
b) Draft special
decisions and directives under the promulgating competence of the Chairman of the People’s
Committee on judicial work in their respective localities.
3. Organizing the implementation of legal
documents, plans, programs, schemes and projects in the judicial, which have
been decided and approved by competent authorities.
4. Building legal
documents:
a) Coordinatting with the provincial People's Committee's Office in
submitting to the provincial-level People's Committee
for approval and adjustment of the program on elaboration of legal documents of
the provincial People's Committee; drafting the program on building resolutions of the
provincial-level People's
Council so that the provincial-level People's Committee can submit to the People's Council in
accordance with the provisions of law;
b) Participatting in the
elaboration of draft legal documents under the promulgation competence of the
provincial-level
People's Committee presided over by other professional agencies of the
provincial-level
People's Committee;
c) Evaluating
draft legal documents under the promulgating competence of provincial-level
People's Councils and People's Committee in accordance with the provisions of law;
d) Organizing the
gathering of people's opinions on projects and draft legal documents under the
direction of the provincial-level People's Committee and the Ministry of Justice.
5. Law enforcement
follow-up:
a) Elaboratting and submitting to the provincial-level People's Committee for promulgation,
and organize the implementation of, plans on monitoring the law enforcement
situation in their respective localities;
b) Guiding, urging and inspecting the professional agencies under the provincial-level
People's Committee and district-level People's Committee in observing the law
enforcement situation in their respective localities; propose the provincial
People's Committee to handle the results of monitoring the implementation of
the law;
c) Summing up and making reports on the situation of law enforcement in
their respective localities and propose measures to settle difficulties and
problems in law enforcement with the provincial-level People's Committee and the Ministry of Justice;
d) Monitoring the implementation of law in the
judicial domains falling under the State management scope of the provincial
People's Committees.
6. Inspecting and handling of
legal documents:
a) Assisting the provincial-level People's
Committee in examining documents promulgated by provincial-level People's
Committee;
b)
Examining legal documents of provincial-level People's Council and People's Committee; guiding professional
agencies under district-level People's Committee to examine by themselves the
legal documents and examine legal documents of People's Council and People's
Committee of communes, wards and townships collectively referred to as commune-level
People's Committee) in
accordance with the provisions of law;
c) Advising the Chairman of the People's Committee on the
handling of unlawful documents detected; inspect and urge the application of
measures to handle unlawful documents in accordance with the provisions of law.
7. Organizing the review and
systematization of legal documents of People's Council and People's Committee in accordance with the
provisions of law; urge, guide and sum up the results of review and
systematization of the specialized agencies under the provincial-level People's
Committee and the district-level People's Committee.
8. Controlling of
administrative procedures:
a) Providing professional guidance and training on
administrative procedures and administrative procedure reform; organizing the
review and assessment of administrative procedures within the scope of settling
competence of the local administrations at all levels in accordance with the
provisions of law;
b) Giving opinions and evaluate administrative
procedures in draft legal documents under the promulgating competence of the
provincial-level People's
Council and People's Committee;
c) Urging the concerned departments, agencies and
units to make statistics on new administrative procedures issued, to amend or
supplement administrative procedures; abolished; quality controlling and data entry
of administrative procedures, related documents already published in the
National Database of Administrative Procedures; create a connection between the
provincial People's Committee's website and the national database on
administrative procedures;
d) Organizing the receipt, research and proposal of
the handling of reports and petitions of individuals and organizations on administrative
regulations under the competence of the People's Committee and Chairman of the People's
Committee; mornitoring and
urge the handling of complaints and petitions of individuals and organizations
on administrative regulations at departments, district-level People's
Committees, communal-level People's Committees and other related units;
đ) Organizing the research, proposing and
submitting to the provincial People's Committees initiatives on administrative
procedure reform and relevant regulations; monitor, urge and guide the
concerned units in organizing the implementation thereof after they are
approved by the Chairman
of the People's Committee;
e) Assisting the provincial-level People's
Committee in inspecting the implementation of administrative procedure control
activities at the departments, district-level People's Committee and communal-level
People's Committee;
g) Proposing the provincial-level People's
Committee to set up the system of focal office employees to perform the responsibility of controlling
administrative procedures according to the part-time regime at the departments,
provincial,
district and commune-level
People's Committee and related units in the locality;
h) Performing the responsibility of controlling administrative
procedures and reforming administrative procedures for the domains under the
jurisdiction of the Department
of Justice.
9. Law dissemination, education and
local conciliation:
a) Elaborating and submit to the People's Committee for
promulgation programs and plans on law dissemination and education and organize
the implementation thereof after such programs and plans are promulgated;
b) Monitoring and guiding the work of law dissemination and
education in localities; urge and inspect specialized agencies under the
People's Committee, concerned agencies and organizations as well as
district-level People's Committee in organizing the Law Day of the Socialist
Republic of Vietnam;
c) Performing the responsibilities of the standing agencies of the People's
Council in coordination with the provincial law dissemination and education;
d) Building and managing the contingent of law rapporteurs and law
dissemination activists; join the concerned agencies in standardizing the
contingent of civil education teachers and lecturers in accordance with the
provisions of law;
đ) Guiding the building, management and exploitation of law
bookcases at the commune-level
and at agencies and units in accordance with the provisions of law;
e) Guiding the organization and operation of local
conciliation activities in accordance with the provisions of law; professional
guidance and mediation skills at the local level for conciliators in accordance with the regulation on
coordination between the Government and the Central Committee of the Vietnam
Fatherland Front and guidance of the Ministry of Justice.
10. Directing and coordinating with the provincial / municipal Department of Culture, Sports
and Tourism and concerned Department in assisting the People's Committee in guiding the
elaboration of village conventions and rules (collectively referred to as
villages ); residential quarters, neighborhoods and other forms (collectively
referred to as residential quarters) in accordance with the provisions of law.
11. Assisting the People's
Committee in carrying out the task of building up communes, wards and townships
in accordance with regulations.
12. Civil status,
nationality, endorsement and adoption:
a) Directing and guiding the organization of the work of
registration and management of civil status and nationality in their respective
localities; provide professional guidance for specialized agencies under district-level
People's Committee and civil status-judicial officials under communal-level
People's Committee for the issue of copies from master registers,
authentication of copies from originals and authentication signature;
b) Building a system of civil status registration
and management; manage, update and exploit the electronic civil status database
according to regulations; perform the task of civil status registration
according to the provisions of law;
c) Settling matters involving child adoption involving
foreign elements under their respective competence in accordance with the provisions of law and the
direction of the People's Committee;
d) Evaluating the documents and submitting
them to the People's Committee for settlement of child adoption matters under
the competence of the People's Committee in accordance with the provisions of law; request the
People's Committee to revoke or cancel civil status certificate granted by district-level
People's Committee in contravention of law (except for cases of illegal
marriage);
đ) Performing responsibilities in
settling documents of
application for naturalization, resignation or
restoration of Vietnamese nationality; certification of Vietnamese nationality;
apply for
certification of Vietnamese nationality; notice of Vietnamese nationality; manage and archive
the documents on
nationality in
accordance with the provisions of law.
13. Judicial records:
a) Building, managing, exploiting, protecting and using the judicial record database in
localities according to the provisions of law;
b) Receiving and process
judicial record information supplied by the court, civil judgment-executing
agency, concerned agencies and organizations and the National Center for
Judicial Records; providing
judicial records and additional information to the National Center for Judicial
Records; providing
judicial background information to other Department of Justice;
c) Making judicial records, update judicial
record information in
accordance with the provisions of law;
d) Issuing judicial record
certificate
according to its competence.
14. State
compensation:
a) Guiding the state
compensation professional skills to state employees performing the state
compensation work by professional agencies under the People's Committee and
district-level People's Committee;
b) Proposing and submitting to the People's
Committee the agencies responsible for state compensation in cases where the
victims request or fail to reach agreement on the determination of the agencies
responsible for state compensation according to regulations of the law; monitoring, urge and
inspect the settlement of compensation and payment of compensations and fulfill
the responsibility for the refund information in accordance with the provisions of law;
c) Providing information and guide procedures to
assist the victims in exercising their right to claim compensation in
administrative management activities.
15. Legal aid:
a) Managing and guiding the organization and operation of
centers and branches of state legal aid centers; participating in legal aid activities of
lawyer's offices, law firms and legal consultancy centers in accordance with the provisions of law;
b) Performing the responsibilities of the standing agencies of the People's
Council in coordinating the inter-branch legal aid in the legal proceedings;
c) Requesting the Chairman of the People's Committee to appoint or
dismiss legal aid professionals; recognize, grant and withdraw legal aid
collaborators' cards; grant, change and withdraw the registration papers for
participation in legal aid services of lawyer's offices, law firms and legal
consultancy centers.
16. Lawyers and
legal consultants:
a) Advising and proposing the People's
Committee to take measures to support the development of law-practicing
organizations, organization and operation of legal consultancy in their
respective localities;
b) Evaluating
the document and submitting
it to the People's
Committee for decision to permit the establishment and ratification of results
of congresses of bar associations or dissolution of bar associations; Directing and coordinating with
the Department of Home
Affairs in
appraising and submitting to the People's Committee for consideration and
approval of the scheme on organization of term congresses and plans for the
establishment of the Management Board, the new term Commendation and Discipline Council;
c) Issuing and withdrawing operation
registration certificate of
Vietnamese law-practicing organizations, Vietnam-based foreign lawyer's
profession-practicing organizations and legal consultancy centers; granting and
withdrawing legal counsel's cards;
d) Supplying information on the registration of
operation of Vietnam-based lawyers' organizations and foreign law-practicing
organizations to state agencies, organizations and individuals according to law
provisions. Requesting the bar
association to supply information on the organization and operation of lawyers
and request the law-practicing organizations to report on their organization
and operation when necessary;
đ) Making lists and follow up practicing registrars at local bar
associations.
17.
Notarization:
a) Organizing the implementation of the master plan
on development of notarization-practicing organizations approved by the Prime
Minister in the localities;
b) Proposing the Minister of
Justice to appoint or dismiss the notaries; decide to suspend notarization practice for
notaries;
c) Submitting to the People's Committee for decision
the establishment, transformation or dissolution of the Notary Public offices
and permit the establishment, change, consolidation, merger, transfer and
withdrawal of decisions on the establishment of notary public offices in accordance with the provisions of
law;
d) Granting and withdrawing of operation
registration papers of notarial offices; recording the change of the list of notary public members of
the notary office; considering and
notifying in
writing the notary public of the registration of the list of notaries working
under the contractual regime.
đ) Building, exploiting and using the notarization database according to regulations.
18. Judicial
expertise:
a) Submitting to the People's
Committee for decision permitting the setting up of judicial expertise offices;
changing the
operation type, change and / or supplementation of the assessment domain of the
Judicial Assessment Office;
b) Granting the operation
registration certificate to
judicial expertise offices; coordinating with specialized agencies under the People's
Committee in appointing and dismissing judicial experts in localities;
c) Evaluating the
organization and quality of judicial assessment activities in localities;
proposing solutions
to ensure the quantity and quality of the contingent of judicial assessors Directing and coordinating witwith
specialized agencies in, assisting the People's Committee in performing the state management
over the operation of judicial expertise offices in accordance with the provisions of law;
19. Asset auction:
a) Organizing the implementation of the planning on development
of local auction organizations after they are approved by the People's
Committee; advising and proposing to the People's
Committee measures to support the development of the organization and the
contingent of local auctioneers;
b) Guiding the asset auctioning activities to the
property auction organizations in their respective localities.
20. Assisting the
People's Committee in performing the state management over the commercial arbitration work
according to the provisions of law.
21. Registration of
secured transactions:
a) Conducting periodical inspections of land use
right registries in their respective localities in accordance with the provisions of law;
b) Periodically reporting to the Ministry of Justice on the
registration of security transactions for land use rights and assets attached
to land in their localities.
22. Legal work:
a) Elaborating and submitting to the People's Committee for promulgation annual
programs and plans on legal work in localities and organize the implementation
thereof after the programs and plans are promulgated;
b) Managing and inspecting the legal work
of full-time law-enforcement officials and the Legal Department in the
organizational structure of specialized agencies under the People's Committee;
c) Assisting the People's
Committee in presiding or coordinating with the ministries and branches in
guiding and organizing the professional skill training for full-time and / legislation in
the organizational structure of specialized agencies under the People's
Committee;
d) Managing, inspecting, guiding and organizing the skill fostering, professional skills in the
legal work of legal organizations of the state enterprises in their respective localities;
đ) Advising and proposing to the People's Committee the building and
consolidation of legal organizations and the implementation of solutions to
raise the efficiency of legal work in their respective localities.
23. Organizing the implementation or
co-ordinating with the specialized agencies under the People's Committee to
carry out legal support activities for enterprises in accordance with the provisions of
law.
24. Managing the enforcement
of the law on handling of administrative violations:
a) Assisting the People's Committee in monitoring,
guiding, urging, inspecting and reporting on the enforcement of law on handling
of administrative violations in their respective localities; proposing the study and
handling of regulations on handling of administrative violations which are not
feasible or inconsistent with reality or overlapping or contradictory in accordance with the provisions of
law.
b) Popularizing and providing professional training on the application of the law
on handling of administrative violations falling under the scope of management
by localities;
c) Making statistics on the handling of
administrative violations within the local management scope; building and managing a database on
handling of administrative violations and integrate them into the national
database on handling of administrative violations at the Ministry of Justice.
25. Assisting the People's
Committee in performing the tasks and exercising the powers regarding the
enforcement of civil and administrative judgments in accordance with the
provisions of law and the working coordination regulations between the judicial
bodies and the civil judgment-executing agencies by the Ministry of Justice.
26. Organizing training and
professional fostering on judicial and legal work for district-level Justice
Sections, commune-level civil servants, other organizations and individuals in accordance with the provisions of
law.
27. Examining and inspecting agencies,
organizations and individuals in the implementation of law under the
jurisdiction of the Department
of Justice; settling
complaints and denunciations and prevent corruption in accordance with the provisions of
law or the delegation and authorization of the Chairman of People's Committee.
28. Undertaking the international
cooperation on law and judicial work in accordance with the provisions of law and under the
assignment or authorization of the presidents of the Chairman of People's
Committee.
29. Organizing the research
and application of science and information technology in the domains under the
State management scope of the Department of Justice.
30. Specifying the functions, responsibilities, powers and
working relationships of the People's Committee Office, specialized bureaus and
public non-business units under the Department of Justice; the organizational structure,
the payroll of civil servants, the structure of civil servant's rank, the
position of employment, the structure of civil servants according to their
professional titles and the number of people working in public non-business
units; implement the wage regime and policies, treatment regimes, training,
fostering, commendation and disciplining of officials, public servants and
laborers under the management of the Department of Justice Department of Justice and the assignment or
authorization of the People's Committee.
31. Managing and taking
responsibility for the assigned finance and assets in accordance with the provisions of
law and according to the assignment, decentralization or authorization of the People's
Committee.
32. Undertaking the work of
information, statistics, summing up, periodical and extraordinary reports on
the performance of tasks in the areas of work assigned to the People's
Committee and the Ministry of Justice.
33. Guiding and inspecting the
implementation of the mechanism of autonomy and self-responsibility of
non-business organizations under the Department of Justice Department of Justice.
34. Performing other responsibilities assigned by the
People's Committee or in accordance with the law.
