The Government has just issued Decree 121/2025/ND-CP dated June 11, 2025, regulating decentralization and delegation of authority in the field of state management of the Ministry of Justice.
This Decree stipulates the authority, order, and procedures for performing tasks and powers of competent agencies and individuals in the field of state management of the Ministry of Justice as prescribed in the law, resolutions of the National Assembly, articles, resolutions of the National Assembly Standing Committee, decrees of the Government, and decisions of the Prime Minister that need to be adjusted to implement decentralization and delegation.
The Decree clearly states decentralization in the fields of: Property auction; commercial arbitration; management of lawyers; notarized documents; state compensation; adoption, dissemination, legal education, legal aid.
The Decree also specifically stipulates decentralization in the fields of: Reversal; commercial arbitration; legal support for small and medium-sized enterprises, legal aid.
In particular, regarding property auctions, the Decree decentralizes the issuance, revocation, and re-issuance of Auction Practice Certificates to the Chairman of the Provincial People's Committee.
Accordingly, the Chairman of the Provincial People's Committee shall issue an Auction Certificate as prescribed in Clause 2, Article 14 of the Law on Property Auction; revoke the Auction Certificate as prescribed in Point b and Point c, Clause 2, Article 16 of the Law on Property Auction; reissue the Auction Certificate as prescribed in Article 17 of the Law on Property Auction.
In the field of lawyer management, the Decree stipulates that the Chairman of the Provincial People's Committee has the authority to: issue a Certificate of Lawyer Practice as prescribed in Clause 3, Article 17 of the Law on Lawyers; revoke the Certificate of Lawyer Practice as prescribed in Clause 2, Article 18 of the Law on Lawyers; reissue the Certificate of Lawyer Practice as prescribed in Article 19 of the Law on Lawyers.
The revocation of the practice certificate of attorney is stipulated in Clause 3, Article 85 of the Law on Lawyers under the authority of the Chairman of the Provincial People's Committee where the lawyer is a member of the Bar Association.
