On May 18, 2024, the Government issued Decree No. 56/2024/ND-CP amending and supplementing certain provisions of Decree No. 55/2011/ND-CP dated July 4, 2011, which stipulates the functions, tasks, powers, and organizational structure of legal departments. Accordingly, the Decree introduces new regulations on the functions and powers of legal departments in state-owned enterprises.
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Photo 1: The functions and powers of the legal organization in state-owned enterprises according to Decree No. 56/2024/ND-CP _ Hotline: 097 211 8764
Specifically, Decree No. 56/2024/ND-CP stipulates the tasks and powers of legal departments in state-owned enterprises as follows:
(1) Preside over and coordinate with relevant departments to advise and assist the Members' Council, the Board of Directors, the Chairman of the company, the General Director, and the Director of the enterprise in performing internal tasks:
- Developing, amending, supplementing, or commenting on the enterprise's charter, regulations, and rules;
- Drafting contract templates; providing legal opinions on draft contracts and agreements prepared by other departments of the enterprise before submission to the Members' Council, the Board of Directors, the Chairman of the company, the General Director, or the Director of the enterprise; participating in the negotiation and signing of the enterprise's contracts and agreements;
- Disseminating, monitoring, urging, and inspecting the implementation of the enterprise's charter, regulations, and rules;
- Advising on or hiring legal consultants for matters related to the enterprise's production and business activities, assessing investment and business environment risks for the enterprise's overseas investment projects; providing legal opinions on decisions regarding organizational management, reorganization, dissolution, and the enterprise's operations;
- Participating in the resolution of disputes and civil, commercial, and labor claims to protect the lawful rights and interests of the enterprise; acting as the authorized representative of the Chairman of the company, the General Director, or the Director of the enterprise in legal proceedings or advising on hiring lawyers to participate in litigation to protect the lawful rights and interests of the enterprise.
(2) Preside over and coordinate with relevant departments to advise and assist the Members' Council, the Board of Directors, the Chairman of the company, the General Director, and the Director of the enterprise in organizing the implementation of laws related to the enterprise:
- Recommending that competent state agencies issue, amend, or supplement legal documents related to organizational management, reorganization, dissolution, and the enterprise's operations;
- Commenting on draft legal documents sent for consultation by other agencies and organizations; summarizing and evaluating laws related to organizational management, reorganization, dissolution, and the enterprise's operations;
- Disseminating and educating about the law;
- Monitoring, urging, and inspecting the implementation of laws; summarizing and evaluating the compliance with laws and the legal awareness of employees within the enterprise.
(3) Performing other tasks assigned by the Members' Council, the Board of Directors, the Chairman of the company, the General Director, or the Director of the enterprise, or as prescribed by law.
Thus, the regulations on the tasks and powers of legal departments in state-owned enterprises under Decree No. 55/2011/ND-CP have been amended by Decree No. 56/2024/ND-CP.
Decree No. 56/2024/ND-CP shall take effect on July 1, 2024.
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