Deputy Director General
Pursuant to the Decree No. 123/2016/ND-CP of the Government, dated 01st September 2016, which stipulates roles, duties, authorities and organization structures of Ministries and Ministerial-level organizations;
Pursuant to Decree No. 14/2017/ND-CP of the Government, dated 17th February 2017, which stipulates roles, duties, authorities and organization structures of the Ministry of Labour - Invalids and Social Affairs;
Upon the proposal of the Director General of the Department of Personnel & Organization
Article 1. The Department of Legal Affairs is a unit of the Ministry of Labour - Invalids and Social Affairs, has the responsibilities and duties to assist the Minister to perform state management roles through application of the legal system in the area of labour, the national devotees and social affairs; in performing legal activities & works as assigned by the Ministry and in line with laws.
The Department’s official English name in international cooperation area is Department of Legal Affairs.
Article 2. The Department of Legal Affairs performs the following duties
1. Setting up the system of legal documents
a) Coordinating and cooperating with related units in preparation of documents, dossiers within the Ministry’s responsibilities; preparing long-term & annual plans and programs of legal documents compilation of the Ministry; providing guidelines, monitoring, auditing and preparing reports on implementation of the approved plans and programs.
b) Coordinating & cooperating with related units in drafting, amending the Labour code and other legal documents as assigned by the Minister; providing guidelines and delegating a number of state management duties to local industrial, processing and economic zones;
c) Coordinating the review and assessment of draft legal documents prepared by units of the Ministry before submitting to the Minister for approval.
d) Coordinating or cooperating with related units in preparation of draft legal dossiers for the Minister so that the later could consult, ask for comments or inputs from individuals, organizations, units, or proposes for pre-evaluation of the Ministry of Justice before submitting to the Government or Prime Minister.
e) Coordinating and cooperating with related units to assist the Minister by giving advices so that the Minister, as member of the Government, could provide his/ her comments and inputs to draft legal documents when requested by the Government.
f) Coordinating or cooperating with related units to prepare opinion of the Ministry on social impacts to the recommendation of building legal documents.
g) Coordinating or cooperating with related units to monitor, review and propose to the Ministry to amend and supplement laws, codes, ordinances of labour & the national devotees and social affairs.
2. Activities of checking/ reviewing and systematization of the legal documents.
a) Coordinating and cooperating with related units in compiling plans of review and systematization of legal documents within the assigned area of the Ministry and sector; organizing the implementation after approving and providing the guidelines on monitoring and managing the implementation of the approved plans.
b) Submitting, by annually, to the Minister the findings and outcomes of review and amendment of the Ministry’s legal document systems, proposing solutions and suggestions for settlement of cross-over, over-lap, contradiction or out-of-date issues in the legal document system of the Ministry and sector.
c) Coordinating and cooperating the related units to build the general plan to implement of legal document systematization of the Ministry area; organizing the implementation of the plan after approving and providing guidelines, monitoring, inspecting the implementation.
3. Consolidating of legal documents and updating of National Legal databases:
a / Coordinating and cooperation with related units to build plans and implementing the approved consolidation plans; providing guidelines and foster the skills and professional skills of the consolidation of legal documents;
b / To monitor and inspect the implementation of the consolidation; Proposing the handling of issue arising in the documents consolidation under the promulgating competence of the Minister; To formulate the regime of reporting on annually results of consolidation legal documents of the Ministry;
c / Updating legal documents which the Ministry promulgates or chairs in drafting, consolidating to the National Legal Database and coordinate with relevant units in update on the Official Gazette of the Government, Ministry’s Information Portal according to regulations.
4. On the work of international legal documents:
a/ Coordinating and cooperating with relevant units in assisting the Minister in negotiating, signing and participating into international treaties; Concretizing the contents of the treaty into Vietnamese law and other tasks related to international law as assigned by the Ministry;
b / Reporting on the implementation of treaties periodically or upon request.
5. On activities of legal education and communication
a) Coordinating and preparing annual and long-term programs & plans of legal education and communication for submission to the Minister and implementing the approved plans and programs.
b) Coordinating and cooperating with related units in conducting activities of legal education and communication in the area of labour, the national devotees and social affairs; providing guidelines on reviewing the legal education and communication activities in the area of labour, the national devotees and social affairs performed by the Ministry’s units and specialized units of the People’s committees of provinces.
c) Conducting, by half a year and annually, checks and audits, compiling periodical and synergy reports on implementation of legal education and communication activities and submitting to the Minister.
6. On checking, reviewing and processing legal documents
Coordinating and cooperating with related units to assist the Minister in reviewing and amending legal documents in the area of labour, national devotees and social affairs as specified by laws.
7. On State compensation activities
Coordinating and cooperating with related units to assist the Minister in performing state management role over the compensation activities within the field of labour, national devotees and social affairs as specified by laws.
8. On legal consulting and support to businesses & legal guidance
a) Monitoring and cooperating with related units to organize or take part in legal consultancy support to businesses within the Ministry’s responsibilities as specified by laws.
b) Providing professional guidelines and examination to units of legal affairs of directorates, departments of the Ministry, specialized offices of the Sectors Labour – Invalids and Social Affairs of the provincial People’s Committees.
9. The work of legal consulting and participating in the legal proceedings
a) Providing consultative legal aspect with the process of the issues under the Ministry’s responsibilities; give the opinion on legal aspect with the important decision, direction and executive document of the Minister as the regulation of law;
b) Cooperating with related units to participate in the processing, recommendation the prevention measures, overcome the consequent of law, rule and regulation violation as assigned by the Minister.
10. On the legal processing of administrative violations:
a) Assisting the Ministry in formulating the plans of Ministry’s administrative reform and organizing the implementation the approved plans.
b) Coordinating and cooperating to the related units in performing other tasks under the Ministry's responsibility according to the law on processing of administrative violations which assigned by the Minister.
11. Organizing the implementation of the institutional reform under the Ministry's administrative reform programs and plans.
12. Coordinating and cooperation to the relevant units to assist the Minister in monitoring and inspection the implementation of law in the field of labour, national devotees and social affairs as specified of law.
13. Implementing plans, programs, cooperative projects with foreign partners in legal area as assigned by the Ministry and as specified by laws.
14. Participating in scientific research works, in training of Ministry personnel as assigned by the Ministry.
15. Compiling periodical and accidental reports on evaluation of legal activities within the sector of labour, national devotees and social affairs.
16. Cooperating with related units to submit to the Minister or to authorized offices lists of excellent units and individuals in the legal area proposed for rewards approval.
17. Managing personnel, physical assets, financial resources as specified by laws and assigned by the Ministry.
18. Performing other duties as assigned by the Ministry and specified by laws.
Article 3. The Department’s Organization includes
1. The Department of Legal Affairs has a Director General, not over 03 Deputy Directors General and a number of public servants
2. Functional divisions including:
a) Division of Labour Legal Issues;
b) Division of Social Legal Issues;
c) Division of International Laws;
Article 4. The Department of Legal Affairs 'Director General has duties of setting up and responsible for the execution of the working relation regulations of the Department; specifying roles and duties of the functional divisions, managing and specifying tasks and works within the staff to ensure the completion of the assigned duties and tasks.
Article 5. This Decision comes into force from the date of signing and supersedes the Decision No. 947/QD-LDTBXH dated 25 June 2013 of the Minister of Labour - Invalids and Social Affairs on stipulating the functional, duties, authorities and organization structure of the Department of Legal Affairs.
Article 6. The Chief of the Ministry Office, the Director General of the Department of Organization & Personnel, the Director General of the Department of Planning – Finance, the Director General of the Department of Legal Affairs and heads of the related units bear full responsibility for implementation of this Decision.