Department of Justice

REGULATION ON FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE AND STAFFING OF THE DEPARTMENT OF JUSTICE OF DONG HOA TOWN

(Issued together with Decision No. 02/2022/QD-UBND, dated January 17, 2022 of the People's Committee of Dong Hoa town)

Chapter I

POSITIONS, FUNCTIONS, DUTIES AND POWER

Article 1. Positions and functions

1. The Department of Justice is a specialized agency under the People's Committee of Dong Hoa town, advising and assisting the town People's Committee in performing the state management function of: law-making and enforcement; monitoring the situation of law enforcement; inspecting, handling, reviewing, and systematizing legal documents; disseminating and educating the law; mediation at the grassroots level; legal aid; adoption; civil status; authentication; managing the enforcement of laws on handling administrative violations and other judicial work according to the provisions of law.

2. The Department of Justice has legal status, its own seal and account; is subject to the direction and management of the organization, job positions, civil servant payroll, and civil servant rank structure of the town People's Committee according to its authority, and is subject to the direction, inspection, examination, and guidance on professional expertise of the Department of Justice of Phu Yen province.

Article 2. Duties and powers

1. Submit to the town People's Committee to issue resolutions, decisions, and medium-term and annual development plans on the judicial sector under the authority of the town People's Council and the People's Committee; programs and measures to organize the implementation of administrative reform tasks, judicial reform, development and improvement of laws on fields under the authority of the town People's Council and the People's Committee in the judicial sector; draft documents specifying the functions, duties, powers and organizational structure of the Department of Justice.

2. Submit to the Chairman of the town People's Committee draft documents on the judicial sector under the authority of the Chairman of the town People's Committee.

3. Organize the implementation of legal documents, programs, plans and other documents in the judicial sector after they have been approved by competent authorities.

4. Direct, guide, and inspect professional expertise in judicial work in communes and wards.

5. Regarding the drafting of legal documents:

a) Coordinate the drafting of resolutions and decisions under the authority of the town People's Council and the People's Committee, which are chaired by other specialized agencies under the town People's Committee;

b) Appraise draft resolutions of the People's Council and draft decisions of the People's Committee of the town according to legal regulations.

6. Regarding monitoring the implementation of the law:

a) Develop and submit to the town People's Committee for promulgation and implementation of a plan to monitor the implementation of the law in the town;

b) Guide, urge and inspect the specialized agencies under the town People's Committee and specialized civil servants under the People's Committees of communes and wards in monitoring the implementation of the law in the town;

c) Synthesize and propose to the town People's Committee on handling the results of monitoring the implementation of the law;

d) Monitor the implementation of the law in the judicial field under the state management of the town People's Committee.

7. Regarding the inspection of legal documents:

a) Be the focal point to help the town People's Committee self-inspect documents issued by the town People's Committee;

b) Assist the Chairman of the town People's Committee in inspecting documents of the People's Council and the People's Committees of communes and wards; Submit to the Chairman of the town People's Committee to decide on measures to handle illegal documents according to regulations; c) Inspect and handle documents containing legal norms issued by the People's Council and the People's Committees of communes and wards but not issued in the form of resolutions of the People's Council or decisions of the People's Committee; documents issued by the Chairman of the People's Committee of communes and wards or other positions in communes and wards containing legal norms.

8. Regarding the review and systematization of legal documents:

a) Be the focal point to assist the People's Committee and the Chairman of the People's Committee of the town in organizing the review and systematization of legal documents of the People's Council and the People's Committee of the town in accordance with the law;

b) Urge, guide, and summarize the results of the review and systematization of common documents of the People's Council and the People's Committee of the town.

9. Regarding the dissemination, education of law and mediation at the grassroots level:

a) Develop and submit to the town People's Committee for promulgation a program and plan for the dissemination and education of law and organize its implementation after the program and plan are promulgated;

b) Monitor, guide, and inspect the dissemination and education of law in the town; Urge and inspect specialized agencies under the town People's Committee, relevant agencies and organizations and People's Committees of communes and wards in organizing the Legal Day of the Socialist Republic of Vietnam in the town;

c) Perform the tasks of the standing agency of the Council for coordinating the dissemination and education of law in the town;

d) Build and manage a team of legal reporters and legal propagandists according to the provisions of law;

dd) Guide the construction, management and exploitation of legal bookcases in communes, wards and other agencies and units in the area according to the provisions of law;

e) Organize the implementation of legal provisions on mediation at the grassroots level.

10. Assist the town People's Committee in performing the task of building communes and wards that meet legal access standards; be the standing body of the Legal Access Assessment Council.

11. Perform legal aid tasks according to legal regulations.

12. Regarding civil status management and registration:

a) Assist the town People's Committee in directing, inspecting, and guiding the organization of civil status registration and management in the town;

b) Assist the town People's Committee in performing civil status registration according to legal regulations; request the town People's Committee to decide to withdraw and cancel civil status papers issued by the People's Committees of communes and wards in violation of legal regulations (except for cases of illegal marriage);

c) Assist the town People's Committee in managing, updating, exploiting the Civil Status Database and issuing copies of civil status extracts according to regulations;

d) Manage and use Family Registers and civil status forms; store the Family Registers and family registration records according to the law.

13. Perform the task of managing adoption according to the law.

14. Regarding authentication:

a) Perform authentication of paper copies, electronic copies from originals, authentication of signatures (including the translator's signature) and authentication of contracts and transactions under the authority of the Department of Justice according to the provisions of law;

b) Manage and use the Authentication Books, store the Authentication Books and authentication records according to the provisions of law;

c) Provide guidance and inspection on professional matters for Justice - Civil Status officials under the People's Committees of communes and wards in authenticating paper copies, electronic copies from originals, authentication of signatures and authentication of contracts and transactions; manage and use the Authentication Books; store the Authentication Books and authentication records under the authority of the People's Committees of communes and wards according to the provisions of law.

15. Regarding the management of law enforcement on handling administrative violations:

a) Assist the town People's Committee in monitoring, urging, inspecting and reporting on the enforcement of law on handling administrative violations in the town;

b) Propose the town People's Committee to recommend competent authorities to study and handle regulations on handling administrative violations that are not feasible, not suitable for practice or overlap or conflict with each other;

c) Provide professional guidance in the implementation of laws on handling administrative violations.

16. Assist the town People's Committee in performing its duties and powers on civil judgment enforcement and administrative judgment enforcement in accordance with the provisions of law and the regulations on coordination between judicial agencies and the Town Civil Judgment Enforcement Sub-Department in accordance with the provisions of the Ministry of Justice.

17. Assist the town People's Committee in organizing training and professional development in state management of judicial work for Justice - Civil Status officials of the People's Committees of communes, wards, other relevant organizations and individuals according to the provisions of law.

18. Organize the application of science and technology; build information and archive systems to serve state management in the fields under the management of the Department of Justice.

19. Carry out information, statistics, periodic and ad hoc reporting on the implementation of assigned tasks according to the regulations of the town People's Committee and the Department of Justice of Phu Yen province.

20. Preside over and coordinate with relevant agencies to inspect and participate in the inspection of law enforcement in the management fields of organizations and individuals in the town; resolve complaints and denunciations; prevent and combat corruption and waste in judicial activities in the town according to the provisions of law and the assignment of the town People's Committee.

21. Manage the organization, job positions, civil servant payroll, civil servant rank structure, implement salary regimes, policies, incentives, rewards, disciplines, training and professional development for civil servants under the management of the Department of Justice according to the provisions of law and the assignment of the town People's Committee.

22. Manage and be responsible for the assets and finances of the Department of Justice according to the provisions of law and the assignment of the town People's Committee.

23. Perform other tasks according to the provisions of law.

Chapter II

ORGANIZATIONAL STRUCTURE AND STAFFING

Article 3. Organizational structure and staffing

1. The Department of Justice has a Head, no more than 02 Deputy Heads and specialized civil servants performing the tasks prescribed herein and according to the job positions approved by competent authorities:

a) The Head of the Department is responsible to the town People's Committee, the Chairman of the town People's Committee and before the law for the performance of the functions, duties and powers of the Department of Justice and the assignment of the town People's Committee;

b) The Deputy Head of the Department is the person who assists the Head of the Department in charge of and monitors certain aspects of work, is responsible to the Head of the Department and before the law for the assigned tasks. When the Head of the Department is absent, a Deputy Head of the Department is authorized by the Head of the Department to run the activities of the Department;

c) The appointment, transfer, rotation, commendation, discipline, dismissal, resignation, implementation of regimes and policies for the Head of the Department and Deputy Head of the Department are decided by the Chairman of the town People's Committee in accordance with the provisions of law.

d) Professional civil servants perform the tasks specified in Article 2 of this regulation according to the job position and assignment of the Head of the Department.

2. The Chairman of the town People's Committee decides to allocate the staffing quota to the Department of Justice to ensure the number and structure of civil servant ranks according to job positions approved by competent authorities to meet the tasks of judicial work in the town.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 4. The Head of the Department of Justice and Heads of relevant agencies and units are responsible for implementing this regulation. During the implementation process, if there are any amendments or supplements to functions and duties, the People's Committee of Dong Hoa Town shall propose to amend or supplement the regulations accordingly./.