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									MINISTRY OF JUSTICE                     SOCIALIST REPUBLIC OF VIETNAM
                                         Independence - Freedom - Happiness
    No.306/QĐ-BTP
                                              Hanoi, dated 05 February 2009

                                      DECISION
stipulating functions, duties, powers and organizational structure of the Department
                                  of Judicial Support

                               MINISTER OF JUSTICE

Pursuant to Decree No. 93/2008/ND-CP dated 22 August 2008 of the Government
prescribing the functions, duties, powers and organizational structure of the Ministry of
Justice;

Considering the proposal of the Director of Personnel Department and Director of
Department of Judicial Support,

                                      DECIDES:

Article 1. Functions

The Department of Judicial Support, (hereinafter referred to as the Department) is an
agency attached to the Ministry of Justice that has functions to assist the Minister of
Justice in undertaking the state management in judicial support including lawyers,
legislation consultancy, judicial verification, notarying, asset auction, commercial
arbitration.

Article 2. Duties and powers

The Department has the following duties and powers:

   1. To develop and submit to the Minister long-term, five-year and annual working
      plans of the Department; take part in developing strategy, planning and long-term,
      five-year and annual plans of the Ministry of Justice;
   2. To take a leading responsibility, in coordination with other relevant agencies, in
      developing and submitting the Minister strategies, planning and policies for
      development of lawyers profession, legislation consultancy, judicial verification,
      notarying, asset auction, commercial arbitration.
   3. To take a leading responsibility in developing schemes, projects, drafts of legal
      normative documents under the management extent of the Department for the
      Minister’s promulgation; appraise, take part in appraisal, give comments for
      projects, draft documents in the field of judicial support and other documents as
      assigned by the Minister;
   4. To prepare and submit for Minister’s promulgation of and provide guidance in
      using document formulated for judicial support field in accordance with legal
      regulations;
   5. To review, systemize legal normative documents under the management
      responsibilities of the Department;
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6. To organize the implementation of planning, plans, strategies, programmes,
   projects, legal normative documents under the management responsibilities of the
   Department;
7. To monitor, summarize implementation status and results of guidances, policies,
   solutions, legal normative documents in the field of judicial support;
8. To provide professional guidance on management of lawyers, legislation
   consultancy, judicial verification, notarying, asset auction, commercial arbitration.
9. Regarding lawyers:
   a) To implement approved policies, measures aiming at strengthening
       effectiveness, efficiency in managing lawyers and supportive measures to
       promote lawyer profession;
   b) To receive, verify documents to be submitted for the Minister’s decision on
       granting a license to practicing lawyer profession; license for practicing in
       Vietnam for foreign lawyers; license for establishing organizations of foreign
       lawyers who will practicing the profession in Vietnam;
   c) To submit for the Minister’s revoke of the license of lawyer profession
       practice; license to practicing lawyer in Vietnam of foreign lawyers; license
       for establishing organizations of foreign lawyers practicing in Vietnam;
   d) To receive, verify documents submitting for the Minister’s decision on
       recognizing certificates granted by competent organizations, agencies in
       foreign countries on lawyer graduation;
   e) To receive, verify documents on formulation of professional lawyer training
       foundation for the Minister’s decision on granting a license.
   f) To receive, verify documents on proposing to undertake a control of lawyer
       intern results for the Minister’s decision on the controlled results; to organize
       the control of lawyer intern results:
   g) To appraise draft Rules of Procedures of Vietnam Bar Association for the
       Minister’s approval; to appraise the proposal for organizing periodical
       conference of Vietnam Bar Association; to receive the approved file of results
       of Vietnam Bar Association Conference to submit for the Minister’s approval;
       submit for the Minister’s decision to cease implementation and request to
       change those regulations, decisions and resolutions of National Bar Association
       that are in contradictory with legal regulations.

10. To undertake supportive measures for improving profession, specialties of people
    who implement legal advice and other supportive measures that aim to develop
    organizations and activities on legal advice;

11. Regarding judicial verification:

   a) To receive, verify documents to be submitted for the Minister’s decision on
      granting, revoking the judicial surveyor card;
   h) To draw out and submit for the Minister’s proclamation of list of judicial
      surveyors, list of judicial surveyors in specific cases.

12. Regarding notary public:

   a) To receive and verify documents to be submitted for the Minister’s decisions
      on appointment, dismissal a notary, granting notary card;
   b) To provide guidance on formulation of notary training foundation in Vietnam
      and recognition of notaries graduated abroad.
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   13. To receive, verify documents to be submitted for the Minister’s granting
       Auctionist card.

   14. Regarding commercial arbitrator:

          a) To receive and verify documents to be submitted for the Minister’s
             granting a license on establishment of Arbitrator Centre or revoking the
             license on establishment of Arbitrator Centre;
          b) To appraise draft of Rules of Arbitrator Centre for the Minister’s approval.

   15. To sum-up, summarize and synthesize data, make regular or unscheduled reports
       on the fields, duties under management extent of the Department; prepare a report
       on status of organization and activities of lawyers, legal advice, norary, judicial
       verification, commercial arbitration and assets auction for the Minister’s reporting
       to the Government, Prime Minister as regulated;

   16. To undertake international cooperation in judicial support field in accordance with
       legal regulations and decentralization of the Ministry;

   17. To organize controlling, inspecting the compliance of legal regulations, anti-
       corruption, negatives in the fields under management responsibilities of the
       Department; take part in resolving appeals, denounces other duties in accordance
       with legal regulations and decentralization of the Ministry;

   18. To take part in scientific researches, trainings, improvements of staff capacity,
       legislation dissemination and education under the management responsibilities of
       the Department;

   19. To undertake activities on competition, rewards, management of public servants of
       the Department in accordance with legal regulations and decentralization of the
       Ministry;

   20. To manage budgets, assigned assets in accordance with legal;

   21. To undertake other duties, powers in accordance with legal regulations or as
       assigned by the Minister.

Article 3. Organizational structure, staffing table

   1. Organizational structure of the Department includes :

   a. Department leaders :
      The Department leaders consist of a Director and not more than three Deputies
      Director.
      The Director shall be responsible to the Minister and legislation for exercising of
      assigned duties, powers of the Department.
      The Deputies Director shall assist the Director in managing, executing the
      activities of the Department; be assigned by the Director to directly undertake
      management of several tasks and fields of work; and be accountable to the Director
      and the legislation for their assigned work.
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   b.   Organizations directly attached to the Department:
   -    Division of Lawyers Management, Legislation Consultancy;
   -    Division of Notary Management, Judicial Verification;
   -    Division of Management of Assets Auction Sale, Commercial Arbitration;

        The establishment, mergence, separation and dissolution of divisions attached to
        the Department shall be decided by the Minister at the proposal of the Director of
        Personnel Department and the Director of the Judicial Support Department.

        The functions, duties, powers and working relationships among divisions under the
        Department shall be regulated by the Director.

   2. Staffing table of the Department shall be included in the administrative staffing
      table of the Ministry of Justice that are distributed by the Minister at the proposal
      of the Director of Personnel Department and the Director of the Judicial Support
      Department.

Article 4. Responsibilities and working relationships

    Responsibilities and working relationships between the Department and the Ministry’s
leaders, agencies attached to the Ministry, the Justice Services of provinces, under-central
government cities shall be exercised according to the Rules of Working Procedures of the
Ministry and the following specific regulations:

   1. The Department shall be under the direct steering of the Minister and an assigned
      Vice Minister, and responsible to organize the implementation, make report and be
      accountable to the Minister and the legislation for the fulfillment of its assigned
      work.
   2. The Department shall act as a focal point to assist the Ministry’s leaders in
      functioning relations with other ministries, sectors, localities and other relevant
      agencies and organizations on the fields under the Department’s functions.
   3. During the course of undertaking duties, powers stipulated in Article 2 of this
      Decision, wherever issues concerning the functions, duties and powers of other
      agencies attached to the Ministry arisen, the Department shall play a leading role,
      in coordination with these agencies for resolving. The relevant agencies are
      responsible to coordinate in line with requirement on forms, contents and time of
      the Department of Judicial Support.
      If issues arisen are beyond the Department’s competence or there are different
      views between the Department and other agencies under the Ministry, the Director
      is responsible to report the Minister or the Vice-Minister who is directly in-charge.

   4. Working relations between the Department of Judicial Support and other relevant
      agencies under the Ministry:

        a) To take a leading responsibility or coordinate with Department of Personnel
           and other relevant agencies in developing programmes, professional training
           curricula for legislative consultancy, assets auction sale, commercial
           arbitration; programmes for improving legislative knowledge of judicial
           surveyors;
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       b) To coordinate with Department of Personnel, Justice Academy in managing,
          organizing profession training of lawyers, notary and other judicial professions
          in accordance with legal regulations;
       c) To coordinate with Department of Judicial Administration in providing
          professional guidance of contract certification, transaction in accordance with
          legal regulations;
       d) To take leading responsibility, in coordination with the Representative Agency
          of the Ministry of Justice in Ho Chi Minh City, to implement the duties under
          the management extent of the Department;
       e) To coordinate with Department of International Cooperation undertaking
          international cooperation activities under the management extent of the
          Department.

 Article 5. Implementation effect
        This Decision shall come into effect on the date of its signing. The Decision No.
1483/QĐ-BTP dated 29 July 2005 of the Minister of Justice promulgating Rules of
Procedures of Department of Judicial Support is hereby superseded.

Article 6. Implementation responsibility
       1. Directors of Department of Judicial Support is responsible to receive the work,
            files and documents relating to notary field handed over by Director of
            Department of Judicial Administration upon this Decision comes into effect
       2. Directors of the Ministry Office, Department of Personnel, Department of Plan
            - Finance, Department of Judicial Administration , Heads of agencies attached
            to the Ministry, Directors of the Justice Services and Heads of Civil Judgment
            Execution Agencies at provinces and under-central government cities shall be
            responsible for implementing this Decision./.

                                                         THE MINISTER (Signed)
                                                            Ha Hung Cuong
   To:
   - Names mentioned in Article 6;
   - Ministry’s leaders;
   - Office of Ministry Party Committee;
   - Socio-political organizations under Ministry;
   - IT portal of the Ministry;
   - Files: Register, Departments of Personnel.

								
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