Nghị định 94-CP năm 1997 về việc tổ chức pháp chế ở các Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ

DECREE

ORGANIZING LEGAL DEPARTMENTS OF THE MINISTRIES, THE MINISTERIAL-LEVEL AGENCIES, THE AGENCIES ATTACHED TO THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;At the proposals of the Minister of Justice and Minister-Head of the Government Commission on Organization and Personnel,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Legal departments of the ministries, the ministerial-level agencies, the agencies attached to the Government (hereafter commonly referred to as the ministerial legal departments) have the function of assisting the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government in performing the State management through laws within their assigned branches or tasks; doing the legislative work, evaluating, revising and systematizing legal documents, conducting the law dissemination and education, inspecting the enforcement of legal documents.

Article 2.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government shall be responsible for the quality and effectiveness of legal activities of their own ministries or branches; shall set up and consolidate the ministerial legal departments; work out professional training and fostering plans and arrange the legal personnel according to titles and criteria set out by the Minister of Justice after consulting the Minister-Head of the Government Commission on Organization and Personnel.

The Minister of Justice shall have to provide professional guidances for the ministerial legal departments; and provide professional training for the contingent of legal personnel of the ministries.

Chapter II

THE ORGANIZATIONAL STRUCTURE, TASKS AND POWERS OF MINISTERIAL LEGAL DEPARTMENTS

Article 3.- The ministries, the ministerial-level agencies and the agencies attached to the Government having the function of performing the State management over the assigned branches and domains throughout the country shall have their legal departments or legal sections.

Article 4.- In the legislative work, a ministerial legal department shall have the following tasks and powers:

1. To propose, sum up and prepare annual and long-term legislative programs of its ministry, then submit them to the minister, the head of the ministerial-level agency or the head of the agency attached to the Government and oversee the implementation of such legislative programs;

2. To evaluate the legality of documents drafted by other units under the ministry before submitting them to the minister, the head of the ministerial-level agency, the head of the agency attached to the Government for signing for promulgation or submitting them to agencies competent to promulgate;

3. To directly elaborate or take part in the elaboration of draft legal documents as assigned;

4. To act as the main body to assist the minister in contributing comments to legal documents drafted by other ministries or branches or submitted by localities for comments.

Article 5.- In the revision and systematization of legal documents, a ministerial legal department shall have the following tasks and powers:

1. To regularly organize the revision and systematization of legal documents related to the activities of its branch, and propose to the minister, the head of the ministerial-level agency or the head of the agency attached to the Government plans for handling the results of the revision of legal documents;

2. To coordinate with other concerned units of the ministry in suggesting the ministers, the head of the ministerial-level agency or the head of the agency attached to the Government to:

- Propose the Prime Minister to suspend the implementation of resolutions of the People�s Councils of the provinces and cities directly under the Central Government which are contrary to the legal documents of the State and the ministry regarding the branch and domain under the ministry�s management.

- Propose the ministers, the heads of the ministerial-level agencies or the heads of the agencies attached to the Government to suspend or annul regulations issued by such agencies, which are contrary to the legal documents of the State as well as the legal documents issued by its ministry or branch.

- Suspend or propose the Prime Minister to annul regulations of the People�s Committees or the presidents of the People�s Committees of the provinces and cities directly under the Central Government, which are contrary to the documents issued by its ministry or branch regarding the branch and domain under its ministry�s or branch�s management.

Article 6.- In the law dissemination and education and the inspection of law observance, a ministerial legal department shall have the following tasks and powers:

1. To organize by itself or in coordination with the concerned units, the law dissemination and education within its branch;

2. To work out a plan for the inspection of law observance by its ministry;

3. To monitor, supervise and urge the observance of law, review the law enforcement situation in its branch;

4. To make comments on the handling of violations of law in its branch and propose solutions thereto.

Chapter II

IMPLEMENTATION PROVISIONS

Article 7.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government shall, within 3 months from the effective date of this Decree, have to establish or reorganize their ministerial legal departments as prescribed by this Decree.

The Minister of Justice shall coordinate with the Minister-Head of the Government Commission on Organization and Personnel in monitoring and supervising the implementation of this Decree.

Article 8.- This Decree takes effect 15 days after its signing for promulgation. The provisions of Decree No.178-HDBT of June 17, 1985 of the Council of Ministers (now the Government) which are contrary to this Decree are now annulled.

Article 9.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

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