Provincial Party Commitee
Thứ 3, Ngày 08/09/2020, 10:00
Department of Justice
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08/09/2020 | Nguyen Trang

LEADERSHIP

    

(Ms.) Nguyen Anh Hoa
Position: Director

Email:hoana@binhduong.gov.vn

 ​

(Mr.) Nguyen Quoc Tri

Position: Deputy Director

Email: trinq@binhduong.gov.vn

      

 

DIVISIONS AND CENTERS 
Department Secretariat  : (+84-274) 3.859.068;

Documentation and Accounting : (+84-274) 3.833.477; 
Department Inspectorate : (+84-274) 3.848.407; 
Division of Legal Document Construction and Implementation: (+84-274) 3.859.923;

Division of Document Examination: (+84-274) 3.855.220; 
Law Dissemination and Education: (+84-274) 3.821.654; 
Division of Judice and Administration : (+84-274) 3.820.705;

Division of Judicial Support : (+84-274) 3. 822.881;

Notary Public Of​fice Number 1: (+84-274) 3.820.236;

Notary Public Office Number 2 : (+84-274) 3.783.066; 
Center of Legal Assistance : (+84-274)  3.858.116,  3.858.266;
  
Telephone line of legal consultancy : (+84-274) 1088; 
Center of Asset Auction Services: (+84-274) 3.859.653.
       

FUNCTIONS

Department of Justice acts as a professional agency  which counsels and supports the Provincial People's Committee in state management over: law development and enforcement; monitoring law enforcement; inspecting and handling legal documents; control of administrative procedures; legislation; law dissemination and education; grassroots conciliation; civil status; nationality; authentication; child adoption; judicial records; state compensation; legal aid; lawyer; legal advice; notarization; judicial examination; property auction; commercial arbitration; managing the implementation of law on handling of administrative violations and other judicial tasks in accordance with law.


TASKS AND POWERS

1. Submitting to the Provincial People's Committee:

a) The drafts of decisions, directives and other documents under its promulgating authority of the Provincial People's Council and People's Committee in the field of justice;

b) The drafts of long-term, five-year, annual plans and schemes, projects, programs and measures to organize the implementation of tasks of state administration reform, judicial reform, law development and completion under the deciding authority of the People's Council and Provincial People's Committee in the field of justice;

c) The drafts of master plan on development of the professions of lawyer, notarization, property auction and other judicial professions in the province under the state management of the Provincial People's Committee;

d) The drafts of written documents specifying conditions and criteria for titles of the Heads and Deputy Heads of units of the Department of Justice; Heads and deputy heads Department of Justice under People's Committees of districts, towns and provincial cities (hereinafter collectively referred to as district-level People's Committee).

2. Submitting to the Chairman of the Provincial People's Committee:

a) The drafts of decision on establishment, merger, division, dissolution of organizations and units under the Department of Justice as prescribed by law;

b) The drafts of decisions and directives under the promulgating authority of the Chairman of the Provincial People's Committee on judicial work in the province.

3. Organizing the implementation of legal documents, planning, plans, programs, schemes and projects in the judicial field decided and approved by competent authorities.

4. In terms of legal documents formulation:

a) Coordinating with the Office of the Provincial People's Committee in submitting to the Provincial People's Committee for approval and adjustment of legal document formulation program of the Provincial People's Committee; coordinating with the Office of the Provincial People's Committee in drafting the resolution development program of the Provincial People's Council so that the Provincial People's Committee submit it to the People's Council in accordance with law;

b) Participating in drafting of legal documents under its promulgating authority of the Provincial People's Committee drafted by other specialized agencies of the Provincial People's Committee;

c) Appraising the drafts of legal documents under its promulgating authority of the Provincial People's Council and People's Committee in accordance with law;

d) Organizing the collection of people's opinions on projects and drafts of legal documents under the direction of the Provincial People's Committee and the Ministry of Justice.

5. In terms of law enforcement monitoring:

a) Formulating and submitting to the Provincial People's Committee for promulgation and organization of the implementation of plans to monitor the law enforcement in the province;

b) Guiding, urging and inspecting specialized agencies of the Provincial and District-level People's Committees in monitoring the law enforcement in the respective localities; proposing to the Provincial People's Committee on handling of results of monitoring the law enforcement;

c) Reviewing and preparing a report on the law enforcement in the locality and proposing measures to solve difficulties and problems in law enforcement to the Provincial People's Committee and the Ministry of Justice;

d) Monitoring the law enforcement in the fields of justice within the state management of the Provincial People's Committee.

6. In terms of the inspection and handling of legal documents:

a) Assisting the Provincial People's Committee in self-examining documents promulgated by the provincial People's Committee;

b) Examining legal documents of People's Councils and People's Committees of districts; guiding the specialized agencies of the district-level People's Committees to self-examine legal documents and examining legal documents of People's Councils and People's Committees of communes, wards or towns (Hereinafter collectively referred to as commune-level People's Committee) in accordance with law;

c) Advising with the Chairman of the Provincial People's Committee on handling the detected illegal documents; inspecting and urging the implementation of measures to handle illegal documents in accordance with law.

7. Organizing the review and systematization of legal documents of the Provincial People's Councils and People's Committees in accordance with law; urging, guiding and synthesizing the results of the review and systematization of specialized agencies under the Provincial People's Committees and district-level People's Committees.

8. In terms of administrative procedures control:

a) Providing professional guidance and training on administrative procedure control and reform; organizing the review and assessment of administrative procedures under the authority of local administrative levels in accordance with law;

b) Giving comments and assessments on administrative procedures in drafting legal documents within the promulgating authority of the Provincial People's Council and People's Committee;

c) Urging relevant departments, committees, branches, agencies and units to make statistics of newly promulgated administrative procedures, the amended, supplemented or replaced administrative procedures, and the  abrogated or abolished administrative procedures; quality control and data entry of administrative procedures, related documents published into the National Database on administrative procedures; creating a link between the Provincial People's Committee website and the National Database on administrative procedures;

d) Organizing the receipt, study and proposing the assignment of handling feedbacks and proposals of individuals and organizations on administrative regulations under the authority of the Provincial People's Committee and the Chairman of the Provincial People's Committee; monitoring and urging the handling of feedbacks and proposals of individuals and organizations on administrative regulations at departments, committees, branches, district-level People's Committees, commune-level People's Committees and other relevant units;

e) Organizing the research, proposing and submitting to the Provincial People's Committee initiatives on reforming administrative procedures and related regulations; monitoring, urging and guiding relevant units to organize the implementation after obtaining approval by the Chairman of the Provincial People's Committee;

f) Assisting the Provincial People's Committee in inspecting the implementation of administrative procedure control activities at the provincial departments, committees, branches and district-level People's Committees;

g) Proposing to the Provincial People's Committee to establish a system of focal public servants for performing the task of administrative procedures control according to the part-time regime at the departments, committees, branches and People's Committees of districts and communes. and relevant local units;

h) Performing tasks of administrative procedures control and reforming in the fields under the management of the Department of Justice.

9. In terms of law dissemination, education and grassroots conciliation:

a) Formulating and submitting to the Provincial People's Committee for promulgation of the programs and plans on law dissemination, education and organization of the implementation after such programs and plans have been issued;

b) Monitoring and guiding the law dissemination and education in the province; urging and inspecting specialized agencies under the Provincial People's Committees, relevant agencies and organizations and the district-level People's Committees in organizing the Law Day of the Socialist Republic of Vietnam;

c) Performing the tasks of the standing agency of the Provincial People's Council to coordinate for law dissemination and education of the province;

d) Establishing and managing a contingent of law reporters and propagandists; participating with relevant agencies in standardizing the contingent of civic educators, law teachers and lecturers in accordance with law;

e) Guiding the development, management and application of legal bookshelves at the commune level, agencies and units in accordance with law;

f) Guiding the organization and activities of grassroots conciliation in accordance with law; providing professional guidance and grassroots conciliation skills to conciliators in accordance with a Regulation on coordination between the Government and the Central Committee of the Vietnam Fatherland Front and instructions of the Ministry of Justice.

10. Presiding and coordinating with the Department of Culture, Sports and Tourism and other related Departments to assist the Provincial People's Committee in guiding the formulation of conventions of residential groups, quarters, hamlets and some other forms (collectively referred to as residential group) in accordance with law.

11. Assisting the Provincial People's Committee in performing tasks of building communes, wards and towns in access to law as prescribed.

12. In terms of civil status, nationality, authentication and adoption:

a) Directing and guiding the organization of implementation of civil status and nationality registration and management in respective localities; providing professional guidance to the specialized agencies under the district-level People's Committees and the civil status-justice officials under the commune-level People's Committees on the issuance of copies from original registers, authentication of copies from originals and signature authentication;

b) Establishing a system of organization of civil status registration and management; managing, updating and exploiting the database of civil status as prescribed; performing the tasks of civil status registration in accordance with law;

c) Settling the child adoption issues involving foreign elements under its authority in accordance with law and direction of the Provincial People's Committee;

d) Evaluating dossiers and submitting to the Provincial People's Committees the settlement of the child adoption issues involving foreign elements within the authority of the Provincial People's Committees in accordance with law; requesting the Provincial People's Committee to decide on revocation and cancellation of civil status papers decided by the Provincial People's Committee to revoke, cancel the civil status papers issued by the district People's Committees in contravention of the law's regulations (except for illegal marriages);

e) Performing tasks to handle dossiers of application for admission, resignation, or restoration of Vietnamese nationality; certification of Vietnamese nationality; application for a certificate of Vietnamese nationality; notice of Vietnamese nationality; management and archive of nationality records in accordance with law.

13. In terms of judicial records:

a) Developing, managing, exploiting, protecting and using local judicial record database in accordance with law;

b) Receiving and processing judicial record information provided by the Court, civil judgment enforcement agencies, relevant 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 record information to other Departments of Justice;

c) Making judicial records, updating additional judicial record information according to regulations;

d) Issuing the criminal record certificates under its authority.

14. In terms of state compensation:

a) Guiding the skills and profession of the state compensation work for public employees who perform the state compensation work of specialized agencies of the provincial and district-level People's Committees;

b) Proposing and submitting to the Provincial People's Committee to identify the agency in charge of state compensation if requested by the victims or there is no agreement on the identification of the agency in charge of state compensation in accordance with law; monitoring, urging and inspecting the settlement and payment of compensation and performing the repayment responsibility in accordance with law;

c) Providing information and guiding procedures to assist the aggrieved persons in exercising their right to claim compensation in administrative management.

15. In terms of legal aid:

a) Managing and guiding the organization and operation of centers and branches of state legal aid centers; activities of legal aid of lawyer's offices, law firms, legal consultancy centers in accordance with law;

b) Performing the tasks of the standing agency of the Interdisciplinary Coordinating Council on legal aid in provincial proceedings;

c) Proposing the Chairman of the Provincial People's Committee to appoint and dismiss legal aid officers; decisions on recognition, granting and revocation of the certificates of legal aid collaborators; granting, changing and revoking the registration papers for participation of legal aid of lawyer's offices, law firms and legal consultancy centers.

16. In terms of lawyers and legal advice:

a) Advising and proposing to the provincial People's Committee to implement measures to support the development of law-practicing organizations, organizations and legal consultancy activities in the locality;

b) Examining the dossiers and submitting them to the provincial People's Committee for permission to establish and approve the congress results of the Bar Association, dissolution of Bar Association; presiding and coordinating with the Department of Home Affairs for appraisal and submission to the provincial People's Committees for consideration and approval of the Scheme on organization of the term-based congress, the plans to establish the Steering Board, Council of Reward and Discipline in the new term;

c) Issuing and revoking the operation registration papers of domestic law-practicing organizations, foreign law-practicing organizations, legal consultancy centers; issuing and revoking the certificate of solicitor;

d) Providing information on the registration of activities of domestic law-practicing organizations, foreign law-practicing organizations to state agencies, organizations and individuals at the request of law; requesting the Bar Association to provide information on the organization and operation of lawyers, requesting the law-practicing organization to report on the organization and operation when necessary;

e) Making a list and monitoring the register for practicing at the local Bar Association.

17. In terms of notarization:

a) Organizing the implementation of the Master Plan on development of notarization-practicing organizations approved by the Prime Minister in the locality;

b) Proposing the Minister of Justice to appoint and exempt the Notaries; decisions to suspend notarization practice for notaries;

c) Submitting to the Provincial People's Committee for decision on establishment, conversion and dissolution of the Notary Public Office and permitting the establishment, change, consolidation, merger, transfer and revocation of decisions on the establishment of Notary Offices according to regulations;

d) Issuing and revoking the operation registration certificate of notary offices; recognizing the change of list of notaries known as general partners of the Notary Office; considering and notifying in writing the Notary Office on the registration of the list of notaries working under the contract regime;

e) Developing, exploiting and using the notarization database according to regulations.

18. In terms of judicial examination:

a) Submitting to the Provincial People's Committee for decision to permit the establishment of judicial examination office; conversion of operation type, changing or supplementing the examination fields of the judicial examination office;

b) Issuing the operation registration certificates to judicial examination offices; coordinating with specialized agencies under the Provincial People's Committee in appointing and dismissing judicial assessors in the locality;

c) Assessing the organization and quality of judicial examination in the locality; proposing solutions to ensure the quantity and quality of judicial assessors at the request of local procedural activities;

d) Presiding and coordinating with specialized agencies in, assisting the Provincial People's Committees in state management over the operation of judicial examination office in accordance with law.

19. In terms of property auction:

a) Organizing the implementation of the Planning on development of local auction organizations after obtaining the approval by the Provincial People's Committee; advising and proposing to the Provincial People's Committee to implement measures to support the development of the organization and contingent of auctioneers in the locality;

b) Guiding the property auction operation for the property auction organizations in the respective localities.

20. Assisting the Provincial People's Committee in state management over commercial arbitration in accordance with the law.

21. In terms of security transactions registration:

a) Conducting periodic inspections of local offices of land use right registration in accordance with law;

b) Making periodical reports to the Ministry of Justice on the registration of security transactions related to land use rights and properties attached to land in the respective localities.

22. In terms of legal work:

a) Formulating and submitting to the Provincial People's Committee for promulgation of annual legislative programs and plans in the locality and organizing the implementation after the programs and plans have been issued;

b) Managing and inspecting the legal work of specialized legal officers and the Legal Department in the organizational structure of specialized agencies under the Provincial People's Committee;

c) Assisting the Provincial People's Committee in presiding or coordinating with other ministries and sectors in guiding and organizing the fostering of skills, profession in legal affairs for specialized legal officers and Legal Department in the organizational structure of specialized agencies under the Provincial People's Committee;

d) Managing, inspecting, guiding and organizing the fostering of skills, profession in legal affairs for legal organizations of local State-owned enterprises;

e) Advising and proposing to the provincial People's Committee in establishing and strengthening legal organizations, implementing measures to improve the efficiency of legal work in the locality.

23. Organizing the implementation or coordinating with the specialized agencies of the Provincial People's Committees in performing the legal support activities for enterprises in accordance with law.

24. In terms of management of law enforcement in handling administrative violations:

a) Assisting the Provincial People's Committee in monitoring, guiding, urging, inspecting and reporting on the implementation of laws on handling of administrative violations in the locality; proposing the study and addressing of administrative violations handling regulations that are infeasible and inconsistent with reality or in overlaps and contradictions in accordance with law;

b) Disseminating and providing the professional training on the application of the law on handling of administrative violations under local management;

c) Making statistics on handling of administrative violations under local management; establishing and managing a database on handling of administrative violations and integrating it into a national database on handling of administrative violations at the Ministry of Justice.

25. Assisting the Provincial People's Committee in performing tasks and powers of the execution of civil and administrative judgments in accordance with law and the Regulation on the working coordination between judicial agencies and civil judgment enforcement agencies under promulgation of the Ministry of Justice.

26. Organizing training and fostering of professional skills in the legal and judicial work for the Department of Justice at district-level, the civil status- justice officials at the communal level, other relevant organizations and individuals in accordance with law.

27. Examining and inspecting agencies, organizations and individuals in law enforcement under the management of the Department of Justice; settling complaints, denunciations and fighting against corruption in accordance with law or the decentralization and authorization of the Chairman of the Provincial People's Committee.

28. Performing international cooperation on legal and judicial work in accordance with law and the decentralization and authorization of the Chairman of the provincial People's Committee.

29. Organizing the study and application of science and information technology in fields under the state management of the Department of Justice.

30. Specifying the functions, tasks, powers and working relations of the Offices, specialized departments and public non-business units under the Department of Justice; managing organizational structure, staffing of civil servants, structure of civil servant ranks, job positions, public employees' structure according to job titles and number of members in public non-business units; implementing salary and policies, remuneration, training, fostering, rewards and disciplines for cadres, civil servants, public employees under the management of the Department of Justice in accordance with law and the decentralization and authorization of the Provincial People's Committee.

31. Managing and taking responsibility for assigned finance and properties in accordance with law and the assignment, decentralization and authorization of the Provincial People's Committees.

32. Performing the provision of information, statistics, synthesis, making regular and irregular reports on the status of task performance in the fields assigned to the Provincial People's Committee and the Ministry of Justice.

33. Guiding and inspecting the implementation of the autonomy and self-responsibility mechanism of non-business organizations under the Department of Justice in accordance with law.

34. Performing other tasks assigned by the Provincial People's Committee or as prescribed by law.​

(The above functions, tasks and powers issued together with Decision No. 08/2015/QD-UBND dated March 23, 2015 by Binh Duong Provincial People's Committee).



ADDRESS

Floor 15 – Tower A, Provincial Building of Administrative Center, Le Loi Street, Hoa Phu Ward, Thu Dau Mot City, Binh Duong Province; 

Telephone: (+84-274) 3.855.667;  

Email: sotp@binhduong.gov.vn

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