Department of Criminal and Administrative Laws

According to Decision No.958/QD-BTP dated April 26, 2018 of the Minister of Justice on the functions, responsibilities, power and organizational structure of the Department of Criminal and Administrative Law (hereinafter referred to as the Department), the Department has the following functions, responsibilities, power and organizational structures:

I. Functions

The Department of Criminal and Administrative law is a unit of the Ministry of Justice with the functions of providing consultation to assist the Minister of Justice in drafting, participating in drafting, providing comments and assessing proposals for drafting of legal normative documents and projects and draft legal normative documents in criminal and administrative law and the state apparatus.

II. Responsibilities and power

The Department of criminal and administrative law has the following responsibilities and power:

1. Drafting and submitting to the Minister long-term, five-year and annual plan of the Department; participating in drafting long-term, five-year and annual strategies, projects and plans of the Justice sector.

2.   Carrying out research and proposing strategic issues, projects and solutions in drafting and completing criminal, administrative and state organization law.

3.   In charge of or participating in drafting, providing comments and assessing proposals and projects and draft legal normative documents, strategies, programs and projects in criminal, administrative and state organization law (detailed in the Appendix) and other proposals, projects and draft legal normative documents assigned by the Minister.

4.   In charge of and coordinating with Ministry's agencies in implementing the Constitution.

5.   Organizing the implementation of strategies, programs, plans, projects and draft legal normative documents under the management scope of the Department.

6.   Reviewing, systemizing, consolidating and codifying legal normative documents under the management scope of the Department.

7.   Monitoring law implementation and proposing policies and solutions to solve systematic and inter-agency issues in law implementation under the management scope of the Department.

8.   In charge of and coordinating with the Ministry's agencies in assisting the Minister to comment on law application and other issues relating to criminal, administrative and organizational law.

9.   Carrying out administrative reforms under the management scope of the Department and as assigned by the Minister.

10.       Other tasks:

a)         Monitoring law implementation and commenting on law application under the management scope of the Department;

b)         Participating in carrying out scientific research, training of cadres and civil servants, legal dissemination and education under the management scope of the Department in accordance with law and assigned by the Ministry; applying scientific research in legal, administrative and judicial reforms under the management scope of the Department;

c)         Organizing preliminary and final reviews; reporting and collecting statistics on within the responsibilities of the Department as stipulated;

d)         Reviewing and participating in inspecting the implementation of legal regulations under the responsibilities of the Department; carrying out prevention of corruption and other unlawful activities under the responsibilities of the Department; participating in handling complaints and denunciations as stipulated by law and assigned by the Ministry;

đ) Carrying out IT application in areas under the responsibilities of the Department;

e) Organizing remunerations and awards and management of personnel and properties of the Department in accordance with law and as assigned by the Ministry.

g) Carrying out international cooperation under the responsibilities of the Department in accordance with law and as assigned by the Ministry.

h) Carrying out other tasks as assigned by the Minister.