Main Functions
 
Legal Affairs Department
10/24/13 1:18 PM

Position, function: The Legal Affairs Department is an agency belong the Ministry of Construction, performing the function to advise the Minister management by law in the fields under function state management of Ministry state delivery by the Government; perform legal activities of Ministry of Construction in accordance with law; to carry out the controling administrative procedures in the field of state management of Ministry.

Duties, powers:

1. Regarding the legislation:

1.1. Chair, coordinate with the relevant organizations research, making annually programs, long-term programs to building legal documents of Ministry of Construction; monitor, supervise implementation after approval;

1.2. Chair or participate in drafting legal documents as assigned by the Minister;

1.3. Evaluation of legal documents under the isue authority of the Minister;

1.4. Comments documents by other agencies editing assigned by the Minister.

2. Regarding legal dissemination, legal education :

2.1. Chaired to making programs, long-term, annually plan of legal education submit to the Minister for approval; chaired implementation of the program, plan after approval;

2.2 . Every 6 months, annual conduct inspection, preliminary and final review of implementation of dissemination, legal education report to the Minister and the Government as prescribed.

3. Regarding the inspection and handling of legal documents :

3.1. To chair and coordinate with relevant agencies to inspect the legal documents of the Ministry of Construction, the other ministries, local issue related to the field of state management of the Ministry of Construction prescribed by law;

3.2. Synthesis report of inspection results of legal documents to the Minister and the Government as prescribed.

4. Regarding the review, systematized of legal documents and code of legal system :

4.1. To chair, coordinate with the relevant agencies review, systematization of legal documents related to the field of state management of the Ministry submit to Minister approved; guide, monitor, supervise and inspect the implementation of the plan after approval;

4.2. To chair, coordinate with the relevant agencies review, systematization of legal documents related to the field of state management of the Ministry as plan after the approval; report of results of review, systematized of legal documents and code of legal system to the Minister and the Government as prescribed.

5. Regarding the control administrative procedures: To chair, coordinate with the relevant agencies to control administrative procedures in the field of state management of the Ministry as prescribed by law.

6. Regarding the monitoring of the implementation of law and inspection of the implementation of the law :

6.1. To chair to make program, working plan for monitoring the implementation of law and to inspect the every year implementation of law for submit to Minister approved; chair to implement program, plan after approval;

6.2. To chair, coordinate with relevant agencies to assist the Minister performing the inspection, monitoring the implementation of law in the field of state management of the Ministry as prescribed by law;

6.3. Synthesis, report of the monitoring results of implementation of the law and inspect the implementation of the law with the Minister and the Government as prescribed.

7. Regarding the compensation of the State: To Chair, coordinate with relevant agencies to assist the Minister performing state management of the compensation of the State in the field of state management of the Ministry as prescribed by law.

8. Regarding the legal support for enterprises: To Chair, coordinate with relevant agencies to organize or participate in activities to support legal for enterprises with responsibility of the Ministry as prescribed by law.

9. On the advice of legal issues and procedural participate:

9.1. To chair or coordinated legal suggestion for handling matters under the responsibility of management of Ministry; legal consulting for decisions, important guidance - operating documents of the Minister;

9.2. To Chair or coordinate with relevant agencies to advise Minister on the legal issues involved in the proceedings in order to protect the legitimate interests of the Ministry as prescribed by law;

9.3. To Chair or coordinate with the relevant agencies participated process, propose, propose measures for prevention, remediation consequence of violations of the law, rules and regulations as assigned by the Minister.

10. On the professional guidance and professional in legal work : Guide, inspect on the professional services of legal work for legal organizations in the Department, the state-owned enterprise under the Ministry, the Department of planning - Architecture of Hanoi city, the Department of planning - Architecture of Ho Chi Minh city and Department of Construction of provinces and cities belong Central.

11. In emulation of legal work : Coordinate with the relevant agencies proposed to Minister reward or edition documents for submiting to the Minister requesting the authorities to reward individuals, collectives outstanding achievements in the legal work.

12. In cooperation with foreign on law : To chair or coordinating with relevant agencies implement programs and plans, project cooperation with foreign on law as assigned by the Minister and as prescribed by law.

13. Legal Affairs Department has right :

13.1. Require agencies and organizations active in the field of state management of the Ministry to provide documents and data necessary for the legal work of the Ministry;

13.2. Explaining laws on the field of state management of the Ministry as assigned by Minister;

13.3. Ministers are authorized to sign several of documents about the field of work of the Department as assigned, delegated by the Ministry.

14. Perform other duties, powers as assigned by the Minister.

Structure:

1. Legal Affairs Department have the Head of Department, Deputy Head of Department and a number of professional staffing norms consistent with the needs, tasks of the Department in each period.

2. The Head of Department, Deputy Head of Department to appointment, dismissal, demotion by Minister of Construction in accordance with the Party and the law.

3. Based on the functions, tasks, powers and organizational structure of Legal Affairs Department, the Head of Department is responsible for the planning stages, identify staffing needs of the Department, build and working regulations issued by the Department; assign tasks, clearly define authority and responsibility of each individual in the the Department and report to the Minister.

4. Head of Department is responsible to the Minister and the law on the entire operation of the Department, Deputy Head of Department is responsible to the Head of Department and the law on the areas assigned.


Source: Decision 991/QD-BXD.
(This translation is for reference only)


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