PREFACE

Toward implementation the recommendations of the sixth ASEAN Senior Law Offi cial Meeting on 3rd - 4th November 1999 on the establishment of an ASEAN Government Law Directory, Cambodia as host country has published an updated version of the ASEAN Government Law Directory to be distributed during the 8th ALAWMM meeting.

Therefor, the 4th Edition contains the updated informations on legal and judicial institutions of ASEAN Member Countries, which have sent the updated relevant information to Cambodia as agreed. For those ASEAN Member Countries that have not provided the updated relevant information, the 4th Edition Keeps the information contained in the 3rd Edition.

It is hoped that the 4th Edition will continue to serve as a useful resource and reference tool for ASEAN Law offi cials and facilitate communications and interaction amongst ASEAN Member States.

CONTENTS

Brunei Darussalam ...... 5 Cambodia ...... 19 Indonesia ...... 31 Laos PDR ...... 43 Malaysia ...... 59 Myanmar ...... 73 Philippines ...... 79 Singapore ...... 97 Thailand ...... 127 Vietnam ...... 147

BRUNEI DARUSSALAM BRUNEI DARUSSALAM ASSISTANT SOLICITOR GENERAL

THE ATTORNEY GENERAL’S CHAMBERS There are at present two Assistant Solicitors General, namely Mohammad Yusree Junaidi Address: The Law Building and Dayang Hajah Nor Hashimah Haji Jalan Tutong Mohammad Taib. Bandar Seri Begawan BA1910 Brunei Darussalam Mohammad Yusree Junaidi is responsible for Tel: (673)-2244872, (673)-2238250 matters related to Advisory and Prosecution, Fax: (673)-2222720 while Dayang Hajah Nor Hashimah Haji Website: http://www.agc.gov.bn Mohammad Taib is responsible for matters Email: [email protected] related to International Aff airs and Intellectual Property. ATTORNEY GENERAL The current Attorney General of Brunei Under Article 81(1) of the Constitution, The Darussalam is the Honourable Datin Seri Attorney General shall advise on all legal Paduka Hajah Hayati binti Pehin Orang Kaya matters connected with the aff airs of Brunei Shahbandar Haji Mohd Salleh. She was Darussalam referred to him by His Majesty the appointed to the position on 4th August 2009. Sultan and Yang Di-Pertuan or by the With eff ect from 29th May 2010, His Majesty the Government. The Attorney General is the Sultan and Yang Di-Pertuan consented to the principal legal adviser to the Government of raising of the post of Attorney General to His Majesty the Sultan and Yang Di-Pertuan of Ministerial level. Brunei Darussalam. He is assisted by the Solicitor General and counsels, in advising the SOLICITOR GENERAL Government and representing the Government in civil and criminal cases. The Attorney General The present Solicitor General is Datin Paduka is also responsible for the drafting of legislation. Magdalene Chong. In carrying out the task of drafting the legislations, the Attorney General’s Chambers LEGAL DRAFTSMAN work closely with other Government Ministries and Departments. The present Legal Draftsman is Dyg Alice Khan binti Ahmad Khan, who is also the Head of the Under section 374(1) of the Criminal Procedure Legislative Drafting Division. Code, the Attorney-General shall be the Public Prosecutor and is vested with the power under

ASEAN Government Law Directory 6 the Constitution to institute, proceed and Intellectual Property Division, discontinue once instituted, any criminal Legislative Drafting Division, proceedings. All criminal prosecutions are Registries Division, instituted in the name of the Public Prosecutor. Research and Law Revision Division, and BRUNEI DARUSSALAM BRUNEI In carrying out this duty, the Attorney General Administration and Finance Division. is not subject to the direction or control of any other person or authority. He is assisted by Head of Civil Division Deputy Public Prosecutors in the conduct of criminal trials held in the Supreme Court and The Civil Division is headed by Dayang Hajah the Subordinate Courts. Rahayu binti Dato Paduka Haji Abdul Razak, Principal Counsel. The Public Prosecutor and his Deputies also advise, and direct prosecution undertaken by Civil Division the police and other law enforcement departments including rendering advice in The work of the Civil Division includes: their investigations. Giving legal advice, when requested, to Government Ministries, Government Apart from carrying out the above duties, the Department, Statutory Bodies and Attorney General’s Chambers also provides Government-Linked Companies (GLCs).; services to the public by maintaining the Drafting and vetting contracts and legal following registries; documents for and on behalf of the Companies, Government; Business Names, Conducting and managing civil litigation Trade Marks, on behalf of the Government; Industrial Designs, Representing the Attorney General in Inventions, meetings with other Government Power of Attorney, Departments/Committees/Municipal Marriages; and Board/Other statutory boards/GLCs; Bills of Sales. Negotiating and drafting international treaties and agreements, memorandum There are currently eight (8) divisions in the of understandings (in addition to those Attorney General’s Chambers: handled by the International Aff airs Civil Division, Division). Criminal Justice Division, Drafting of legislations; International Aff airs Division, Recovery of debts owed to the

ASEAN Government Law Directory 7 Government and statutory bodies; prosecutions and proceedings under this Code Conducting talks and presentations to or under any other written law. other Government departments on matters related to civil laws and The Criminal Justice Division’s Core Mission is matters; and “Safeguarding a fair criminal justice system for Corporate services for GLCs. the public, victims and defendants by maintaining a competent and impartial Head of Criminal Justice Division prosecution service”. The Criminal Justice Division conducts criminal prosecutions at all The Criminal Justice Division is headed by tiers of Courts in Brunei Darussalam as well as Dayang Aldila binti Haji Mohd Salleh, Principal conducting criminal appeals in both the High Counsel. Court and Court of Appeal. The Criminal Justice Division works closely with the various Law Criminal Justice Division Enforcement Agencies in Brunei Darussalam in supervising and evaluating the results of their The Criminal Justice Division comprises of investigations and advising on criminal law Deputy Public Prosecutors who assist the matters. Attorney-General in her role as Public Prosecutor. Aside from the Law Enforcement Agencies, Under Article 81 (3) of the Constitution of offi cers of the Criminal Justice Division also Brunei Darussalam, the Attorney-General shall render advice on criminal justice issues to have power exercisable at his discretion to Ministries and Government Departments. institute, conduct or discontinue any These include the conduct of seminars, proceedings for an off ence other than — lectures and dialogues to facilitate the (a) proceedings before a Syariah Court, subject implementation, application and further to the provisions of any written law to the understanding of criminal laws and related contrary; or matters. The Criminal Justice Division is also (b) proceedings before a Court Martial, subject actively involved in giving public lectures on to the provisions of any written law to the criminal law with the initiative extended to contrary. Schools, Higher Educational Institutions and Private Agencies. Section 374 (1) of the Criminal Procedure Code, Chapter 7 states that the Attorney-General The Criminal Justice Division also works closely shall be the Public Prosecutor and shall have in tandem with the other divisions of the the general direction and control of criminal Attorney-General’s Chambers. The Criminal

ASEAN Government Law Directory 8 Justice Division assists the International Aff airs Taib, who is also the Assistant Solicitor General Division in reviewing and studying the relevant of Brunei Darussalam. international treaties, conventions and other international or regional instruments and CJD Intellectual Property Division BRUNEI DARUSSALAM BRUNEI is actively involved in the negotiation of agreements and treaties on criminal related The work of the Intellectual Property Division matters. Offi cers of the Criminal Justice includes: Division also take part in International and Regional Conferences, Meetings and to administer the intellectual property Workshops on issues concerning Criminal rights (IPR) protection in Brunei Justice. The Criminal Justice Division also Darussalam; regularly assists the Legislative Drafting to formulate and review the IP policies Division in reviewing, drafting and amending and legislation in Brunei Darussalam; criminal law related legislation. to advise the government on matters pertaining to IP; The Criminal Justice Division also performs the to represent the government nationally functions of the Mutual Legal Assistance and internationally on IP matters; Secretariat which handles incoming requests to promote awareness and eff ective use to Brunei Darussalam for Mutual Legal of IP in Brunei Darussalam; Assistance and Extradition as well as facilitating to disseminate information on IP in Brunei the making of such requests by Brunei Darussalam; and Darussalam to foreign countries for such to cooperate with IP offi ces and other assistance. organizations in IP programs and activities. Head of International Aff airs Division International Aff airs Division The International Aff airs Division is headed by Dayang Hajah Nor Hashimah Haji Mohammad The International Aff airs Division mainly Taib, who is also the Assistant Solicitor General provides legal advice to Ministries and other of Brunei Darussalam. Government Departments on Public International Law matters which may include Head of Intellectual Property Division the following areas: International Trade Law The Intellectual Property Division is headed by Bilateral and Multilateral Negotiations Dayang Hajah Nor Hashimah Haji Mohammad Civil Aviation / Outer Space

ASEAN Government Law Directory 9 Treaties and Convention The Legal Draftsman is also involved in the Considering International Conventions revision of the Laws of Brunei. for domestic law Human Rights Registries of Companies/Business Names/ Humanitarian Law Powers of Attorney, and Marriages International Organization (AALCO, ASEAN, ICAO, Commonwealth, UN, WTO, etc) The Head of the Registries is the Attorney International Banking and Finance General and the offi cer-in-charge is Dyg Alice Environment Law Khan binti Ahmad Khan. Maritime and Territorial Matters Military cooperation; and The Registries deal with the following matters – Any other matters as directed by the Attorney General. (a) to provide for the registration of companies under the Companies Act The offi cers within the Division usually (Chapter 39); participate in Conferences, Meetings and (b) to provide for registration of sole Working Groups of International Organisations proprietorships and partnerships under and also regionally and then make the Business Names Act (Chapter 92); recom-mendations as a result of such (c) to provide for the registration, revocation participation. They also make proposals for and renunciation of power of attorney and assist in the drafting of implementing under the Power of Attorney Act legislation resulting from international (Chapter 13); and undertakings and commitments in the form of (d) to provide for the registration of either bilateral or multilateral agreements. customary marriages and marriages solemnised outside Brunei Darussalam Legislative Drafting Division under the Marriage Act (Chapter 76).

The Legislative Drafting Division is headed by Head of Research and Law Revision Division Dayang Alice Khan binti Ahmad Khan, the Legal Draftsman. The Legal Draftsman is The Research and Law Revision Division is responsible for the drafting of all legislation headed by Dayang Zuraini binti Haji Sharbawi, and subsidiary legislation required by the Senior Counsel. Government, and is answerable to the Attorney General. The Research and Law Revision Division undertakes comparative research and studies

ASEAN Government Law Directory 10 on best practices that have been adopted by has been established to assist in implementing countries in specifi c issues. The Division is also the Mutual Assistance in Criminal Matters responsible for the periodic revision of the Order (enacted in January 2005). The purpose Revised Edition of the Laws of Brunei. Law of this legislation is to help facilitate assistance BRUNEI DARUSSALAM BRUNEI Revision is a continuous process and is an in relation to a criminal investigation or exercise to eliminate the accumulation of proceeding, to any requesting foreign country amendments and of newly-made laws in and at the same time, enables Brunei having them all textually updated and Darussalam to make requests for assistance to introduced and reprinted into the Revised other foreign countries for similar reasons. Edition. Assistance includes obtaining of evidence, arranging the attendance of persons to either Head of Administration and Finance Division assist in investigations or to appear as witnesses at proceedings, executing forfeiture The Administration and Finance Division is orders, locating and identifying persons and headed by Pengiran Kamis bin Pengiran the service of documents. Metamin, The MLA Secretariat is responsible for receiving Administration and Finance Division requests from foreign countries and thereafter forwarding the information contained within The Administration and Finance Division is the requests to the relevant Law Enforcement responsible for ensuring the eff ective and Authorities and the Courts. The MLA Secretariat effi cient administration of the Attorney- also acts as the initiating point of request on General’s Chambers. behalf of the Government of Brunei Darussalam in transmitting requests to foreign countries to There are four Units under the Administration help with the investigation or proceedings of a and Finance Division: criminal matter here. Its duties also include ensuring that requests are made in accordance 1. Administration Unit with the legislation and that all the necessary 2. Finance Unit information is included in the request. The 3. Development and Communications Unit MLA Secretariat also handles requests to and 4. Information Technology Unit from Brunei Darussalam concerning Extradition matters pursuant to the Extradition Mutual Legal Assistance Secretariat Order, 2006.

A Mutual Legal Assistance (MLA) Secretariat There are at present two offi cers in charge of

ASEAN Government Law Directory 11 the functioning of the Secretariat, Riana Dewi SUPREME COURT Aji and Christopher Ng Ming Yew and their contact information are as follows: Court of Appeal

Mutual Legal Assistance Secretariat The Court of Appeal is the highest Appellate 3rd Floor, Court. It consists of the President and two Attorney General’s Chambers Judges. It deals with appeal of both criminal The Law Building and civil cases from the High Court and the Brunei Darussalam Intermediate Court. Telephone: (673) 2244872 Fax: (673) 2223100 The Court of Appeal is the highest Appellate Email: [email protected]; Court for criminal cases. [email protected]; or [email protected] In civil cases, the Court of Appeal is the highest Appellate Court unless all parties agree to refer to the Judicial Committee of Her Majesty’s THE JUDICIARY Privy Council in London.

Address: The Supreme Court High Court Jalan Tutong, BA 1910 Bandar Seri Begawan The Chief Justice and Judges of the High Court Negara Brunei Darussalam hear both the Civil and Criminal cases of Tel: (673) – 2 243939 unlimited jurisdiction. It deals with appeal of Fax: (673) – 2 241984 both criminal and civil cases from the Website: www.judicial.gov.bn Subordinate Courts.

The Judiciary is the custodian of Justice and In addition to the usual civil and criminal Rule of Law. It administers justice through the jurisdiction, the Courts also deal with cases of Supreme Court (which consists of the Court of bankruptcy, companies winding up, Appeal and the High Court), the Intermediate applications for Grants of Probate, Letters of Court and the Subordinate Courts. Administration of deceased’s person’s estates, issuing apostilles certifi cates and registration The current Chief Justice is the Honourable of civil marriages. A further function of the Dato Seri Paduka Haji Kifrawi Dato Paduka Haji judiciary is the administration of the admission Kifl i. of advocates and solicitors, who wish to

ASEAN Government Law Directory 12 practice in Brunei Darussalam under the Legal The Magistrate Courts adjudicate both Civil Profession Act Chapter 132, and the issuance and Criminal cases which are within their of annual Practicing Certifi cates. jurisdiction and those which are outside their jurisdiction will be heard by the Intermediate BRUNEI DARUSSALAM BRUNEI Intermediate Court Court or High Court.

Intermediate Court was established by the Juvenile Court Intermediate Court Act Chapter 162. They hear both Civil and Criminal cases. On 1st March 2010, a comprehensive piece of legislation encompassing all aspects relating In Criminal cases, they can hear any cases to the welfare and care of the child as well as where the punishment does not exceed 20 child justice was enforced in the form of the years. They do not have jurisdiction to hear Children and Young Persons Order 2006. The Capital Punishment cases and can impose Children Order 2000 became obsolete and the whipping and fi ne. juvenile justice system in Brunei was born.

In Civil cases, they can hear any claim that does The Juvenile Court is presided by a Juvenile not exceed BND$300,000. Court Magistrate. The Juvenile Court sits in all 4 districts, Bandar Seri Begawan, Tutong, Kuala The decision made by the Intermediate Court Belait and Temburong. The Juvenile Court are appealable to the Court of Appeal. deals with 3 categories of cases, namely criminal off ences committed by juvenile below Subordinate Courts 18 years old, juveniles who are beyond parental control and juveniles who are in need of care The Subordinate Courts include the Magistrate and protection orders. Courts and the Juvenile Courts. The introduction of the juvenile justice system The Magistrate courts is governed by the has empowered Magistrates with alternative Subordinate Courts Act (Chapter 6) which ‘sentencing’ options which include the making came into force on the 1st day of January 1983. of probation orders, community service orders, The majority of cases are heard by the placement in an Approved School and Magistrates’ Courts. They are situated in all Approved Home and placement in a Detention four districts of Brunei Darussalam; Bandar Centre. Before making these orders, the Seri Begawan , Kuala Belait, Tutong and Magistrate participates in discussions with a Temburong. Panel of Advisers who will deliberate over the

ASEAN Government Law Directory 13 best interests of the child in consultation with The Syariah Courts was established on 26th the Probation Unit offi cers. March 2001 under Syariah Courts Act (Chapter 184) which repealed the Court of the Chief With the concept of restorative justice as the Kadi and the Court of Kadi under the Religious underlying philosophy of the establishing Council and Kadis Courts Act (Chapter 77). legislation, the Juvenile Court is committed to rehabilitating and reintegrating young The Syariah Courts also deal with the off enders back into society in order to preserve application for the Adoption of children, and safeguard the future of those who have division of and inheritance of the property lost their way. testate or intestate, approval to sell or auction the article pawned under Pawnbrokers Order SYARIAH COURTS 2002, legalisation of converts under Chapter 77, etc. Address: Brunei Supreme And Syariah Courts Building, A further function of the Syariah Courts is the Jalan Stoney, administration of the admission of Syar’ie Bandar Seri Begawan, lawyers. A committee called the Syar’ie Brunei Darussalam Lawyers Committee was established to assist Tel: (673) 2221600 Chief Syar’ie Judge to deal with matters Fax: (673) 2221467 relating to Syar’ie lawyers.

Syariah Courts are responsible for the The functions of the Committee include administration of Justice through the Syariah issuing the Syar’ie Lawyer Certifi cate and the Court of Appeal, the Syariah High Court and Certifi cate and the Certifi cate of Annual the Syariah Subordinate Courts which sit at Practice, regulating the discipline of the Syar’ie Brunei Muara, Belait, Tutong and Temburong Lawyer as stipulated under Syariah Court district. (Syar’ie Lawyers) Rules 2002. In addition, the Chief Syar’ie Judge is also responsible in All courts hear both criminal and civil cases determining the dates of the new moons on which provided under any written law which which “rukyah” may occur and also to make confers on the Syariah Courts jurisdiction. the enquiry on any specifi ed day the new Appeals from the Syariah Subordinate Courts moon may be sighted and then to determine are heard by the Syraiah High Court. Appeals and confi rm the result of “rukyah” under the from the Syariah Court go to the Syariah Court Syariah Courts Act (Chapter 184). of Appeal.

ASEAN Government Law Directory 14 Under the Chief Registrar of the Syariah Appeal Syariah High Court Court administration, the Syariah Courts consist of four (4) Divisions namely; The The Syariah High Court has unlimited original Registrar Offi ce of the Syariah Court of Appeal, criminal and civil jurisdiction which are BRUNEI DARUSSALAM BRUNEI The Registrar Offi ce of the Syariah High Court, provided under any written law which confers The Registrar Offi ce of the Syariah Subordinate on the Syariah on the Syariah Court jurisdiction. Courts, and the Registry Offi ce of the Muslim The courts hear both criminal and civil cases, Marriage, Divorce, Annulment and Ruju’. which the Syariah Subordinate Courts have no jurisdiction to hear. It also deals with appeal To assist the Syariah Courts in its administration, and revisionary cases from the Syariah the State Judiciary Department was established Subordinate Courts. on 1st May 2002. Its responsible for the administration and management of the Syariah Subordinate Courts supports, provision and fi nancial services for both the Syariah Courts still maintain their The Syariah Subordinate Courts hear both respective judicial procedure as stated in the criminal and civil cases which are provided act and rules provided. under any written law which confers in the Syariah Courts jurisdiction. The Syariah Syariah Court of Appeal Subordinate Courts could be found in Brunei Muara, Belait, Tutong and Temburong District. The Syariah Court of Appeal is the highest In their criminal jurisdiction: trial any off ences Appellate Court. It deals with the appeal and punishable under any written law which revisionary cases from Syariah High Court, provides namely for the syariah criminal both in civil and criminal cases. An appeal or off ences, prescribing off ences where the revisionary in the Syariah Appeal Court shall maximum punishment provided for does be heard and determined by a Chairman not exceed $10,000, or imprisonment for a and any of Syariah Appeal Court Judges as period not exceeding 7 years or both. And in specifi ed by the Chief Syar’ie Judge. The Chief their civil jurisdiction; heard and determine Syar’ie Judge shall be Chairman in every all actions and proceedings which the Syariah proceeding in the Syariah Appeal Court, and High Court is empowered to hear and in case he is unable to perform his duty, he determine where the amount or value of the shall appoint the most senior amongst the subject-matter in dispute does not exceed Syariah Appeal Court Judges to become the $500,000.00 or is not capable of estimation in Chairman. terms of money.

ASEAN Government Law Directory 15 The Registry Offi ce of Muslim Marriage, whole are as follows: Divorce, Annulment and Ruju’ Investingatnig, patrolling and detecting potential locations where commission It deals with the application for marriages, of syari’ah off ences is highly suspected; registrations, issuing marriages certifi cates, Ensuring food and consumable items in divorce certifi cates, annulment and ruju’ market are halal and sacred; certifi cates. It also conducts investigation to all Inspecting and examining meat that are the requirement of “Syara” relating to marriage slaughtered in compliance with syari’ah; and ruju’. In addition, it complies with Carrying out services of family provisions of the Islamic Family Law Order, counseling and pre-marriage courses; 1999 by the Public and “Jurunikah” Ensuring Muslims in the country upholding the Islamic religion according SYARI’AH AFFAIRS SECTION, MINISTRY OF to Ahli Sunnah Wal Jamaah and Mazhab RELIGIOUS AFFAIRS COURTS Syafi ’e; and To carry out talks and briefi ngs with Address: Department of Syari’ah Aff airs regards to the Department’s jurisdictions. Ministry of Religious Aff airs, Jalan Elizabeth II, Their objectives are as follows: Bandar Seri Begawan, BS3510 To ensure Muslims in the country do not Brunei Darussalam. act in contradiction with the Islamic Tel: (673)-2-232202 faith and Syari’ah Law; Fax: (673)-2-235800 To increase public confi dence on the Website: http://www.religious-aff airs.gov.bn/ halalness and the sacredness of food and consumable items in the market; The Department of Syari’ah Aff airs, Ministry of To ensure meats distributed in the Religious Aff airs is headed by a Director and is country conform with halal assisted by an Assistant Director. There are fi ve requirements; (5) sections under the department which have To assist the society in matters pertaining their specifi c functions and jurisdictions. The to Islamic family; sections are Administration, Halal Food To update programmes relating to faith Control, Aqidah Control, Religious Enforcement / aqidah; and and Family Counseling. To step up enforcement and increase the society’s understanding of syariah The functions and responsibilities of the criminal laws. Department of Syari’ah Department as a

ASEAN Government Law Directory 16 Functions and Roles: To draft and prepare law based on To prevent and mange Muslims in the Hukum Syara’; country against suspicious infl uences of To conduct prosecution in Syariah teaching and in contradiction with the Courts; BRUNEI DARUSSALAM BRUNEI Ahli Sunnah Wal Jamaah; and To give legal advice based on Islamic Enforcement of the Islamic Religious Laws presently in force in Brunei Council and Kadi Courts Act (Chapter Darussalam and Hukum Syara’ to 77), the Syariah Courts Act (Chapter government agencies, non- 184), Islamic Family Law Order 1999 and governmental organizations, individuals Islamic Adoption of Children Order and public sectors; and 2001, the Halal Certifi cate and Halal To give clear explanations regarding the Label Order 2005 and the Halal Meat Act Islamic Laws presently in force in Brunei (Chapter 183). Darussalam.

ISLAMIC LEGAL UNIT, MINISTRY OF To ensure the smooth running of its tasks, RELIGIOUS AFFAIRS responsibilities and roles, this Unit has been divided into fi ve (5)) divisions; Administration Address: Islamic Legal Unit Division, Adaptation Division, Drafting Ministry of Religious Aff airs, Division, Prosecution Division, and Legal Jalan Menteri Besar, Berakas Advice Division. Brunei Darussalam. Tel: (673)-2-382525 ; (673)-2-381399 GOVERNMENT PRINTING DEPARTMENT, Fax: (673)-2-371401 PRIME MINISTER’S OFFICE Website: http://www.religious-aff airs.gov.bn/ Address: Government Printing Department Currently the Islamic Legal Unit is Prime Minister’s Offi ce, headed by a Director and is assisted by Old Airport, Berakas, an Assistant Director, the Islamic Legal Bandar Seri Begawan, BB3510, Expert, Chief Syar’ie Prosecutor and Brunei Darussalam several offi cials and staff . Tel: (673)-2- 382541 Fax: (673)-2-381141 The main functions of the Islamic Legal Unit Website: http://www.printing.gov.bn/ are as follows: To bring Brunei Laws into conformity The basic aim for the establishment of the with Hukum Syara’; Government Printing Department is to meet

ASEAN Government Law Directory 17 the printing requirements of law materials such as government gazette, laws and government documents in accordance to the Interpretation and General Clauses (Chapter 4) especially Section 3(1) and Section 46(1)(2) of the Act. It’s responsibilities includes printing law materials e.g. Government Gazettes, Law Revisions of Brunei Darussalam, The Judgment of The Courts of Brunei Darussalam, Deeds, Instruments of Appointment and etc. Its responsibilities also include Printing Mushaf Al Quran and other religious books and articles.

STATE JUDICIARY DEPARTMENT (ADMINISTRATION AND FINANCE DIVISION)

Address: State Judiciary Department (Administration and Finance Division) 1st Floor, Bangunan Bahirah Jalan Menteri Besar, BB3910 Brunei Darussalam Tel: (673) – 2380671 Fax: (673) – 2380675

The Administration and Finance Division of the State Judiciary Department was created in May 2002 and handles all Administration and Finance matters for both the Civil and Syariah Courts. Its responsibilities include managing the annual budget as well as the welfare of all offi cers and staff of the Civil and Syariah Courts.

ASEAN Government Law Directory 18 CAMBODIA CAMBODIA To organize and monitor all level of administrative processes of tribunals and THE MINISTRY OF JUSTICE prosecution institution; To ensure the functioning of all sectors Address: The Ministry of Justice and levels of tribunals and prosecution No 14, St. Sothearos Blvd institution; Phnom Penh, Cambodia To ensure the functioning of the courts Tel: (855-23) 219 570/216 322 and all prosecutors and prepare various Fax: (855-23) 219 570/216 322 laws governing these institutions; E-mail: [email protected] To follow up the execution of laws, Website: www.moj.gov.kh judgments and all level of court and prosecutor rulings; Minister of Justice To inspect in case of there is a complaint from natural person or legal entity which Minister of Justice of Cambodia is currently His appened at all level of court and Excellency Mr. ANG Vong Vathana. He was prosecution institution; appointed to the position on 15th July 2004 To supervise the detention centre and and 25th September 2008, signed and prison for the purpose of law enforcement; promu-lgated by the Royal Decree of His To draft laws in the fi eld of justice; Majesty NORODOM SIHAMONI, King of To review and give opinion on draft law of Cambodia. ministries and other institutions; To manage and make circulars for the The Ministry of Justice’s responsibility involves purpose of law enforcement in the fi eld initiating, formulating and implementing the of justice; broad legal policies of the Royal Government. To search, educate and disseminate laws It is the Ministry’s mission to ensure a sound concerning judicial aff airs; legal infrastructure to support our economic To administer and cooperate with the and social goals. Royal Academy for Judicial Aff airs for the purpose of training bailiff s and offi cials of The Ministry of Justice has the following court assistants; functions and duties: To cooperate with the Royal Academy for To protect the independence of judges in Judicial Aff airs for the purpose of training the court in their duties; judges, prosecutors and court clerks; To assure justice for every one under the To supervise the education and laws; dissemi-nation of laws concerning to

ASEAN Government Law Directory 20 the judicial aff airs; Internal Audit Department To conduct international relationships The Internal Audit Department subordinates

associated with justice and relevant laws; to the Minister of Justice and responsible for CAMBODIA To form, manage and issue extracts of applying its obligation as defi ned in Sub- criminal records; degree No 40 ANK/BK, dated February 15, 2005 To accept, prepare and manage amnesties on the organization and functioning of the or pardons as determined by law; Internal Audit throughout the institutions, To manage civil servants serving at the ministries and public establishment. Ministry of Justice; To control budget of the Ministry of General Inspectorate for Judicial Aff airs Justice, all level of courts and prosecutors; The General Inspectorate for Judicial Aff airs of To write report of trimester and semester, the Ministry of Justice shall act as a mechanism nine month and yearly for royal of the ministry for the following activities: government; To conduct regularly inspections on To perform other duties as assigned by administrative function of entities, which the Royal Government. are under the supervision of the Ministry of Justice; The Ministry of Justice consists of the following To conduct permanence administrative structures: inspections and law enforcement over Cabinet of Minister; the tribunals, prosecution institutions; Internal Audit Department; To resolve the case if there is a complaint General Inspectorate for Judicial Aff airs; against a person or legal entity which is General Department of Administration occurred all tribunals and prosecution and Finance; institutions, make a report to the Minister General Department of Technical Aff airs; and defend their report of the Ministry General Department of Research and before the disciplinary council of the Judicial Development; Supreme Council of Magistracy; To prepare reports to the Minister on the Offi ce of the Cabinet of Minister administrative function and law The cabinet of minister is in charge of enforcement of the all tribunals and undertaking missions that are determined by prosecution institutions and entities the provision of Sub-degree 20/ANK/BK, dated which is under the supervision of the April 30, 1996 as referred to above, concerning Ministry of Justice that has been inspected the organization and functioning of the and proposed measures to the Minister Ministry and the State Secretariat. for improving such functioning;

ASEAN Government Law Directory 21 To review and manage evidence all over mechanism for coordinating and managing on the court and prosecution institutions; administrative, staff , planning, statistic and To review and mediate administrative fi nance of the Ministry and Supreme Council disputes which fall under the authority of for Magistracy. the offi cers and agents of the ministry; The General Department of Administration To perform other duties assigned by the and Finance has three following departments: Minister. Department of Administrative Aff airs; Department of Financial Aff airs; The General Inspectorate for Judicial Aff airs Department of Personnel Aff airs. helps Minister to work with the Supreme Council for Magistracy and helps the A. Department of Administrative Aff airs functioning of Supreme Council for Magistracy The Department of Administrative Aff airs shall and has its roles and obligation as followed: be responsible for: To contact and coordinate the work To coordinate the administrative between the Ministry of Justice and the management at the central level and Supreme Council for Magistracy in order between local institution under its to make the judicial aff airs better and jurisdiction; unity; To manage and circulate administrative To receive complaint concerning to the documents of the ministry; judge and prosecutor and arrange To ensure administrative effi ciency and document for the disciplinary council of safety and social aff airs of the ministry; the Supreme Council for Magistracy; To prepare and disseminate the statistics Responsible for the Administrative Aff airs, of judicial and prosecution aff airs; make report and minute of the meeting To prepare and manage the data system of the Supreme Council for Magistracy and development of the ministry; and Disciplinary Council of Supreme To receive and distribute material for the Council for Magistracy and keeps the court and prosecution institution; report, minutes and as well as other To serve and receive information; documents. To manage keeping document; To organize meetings, conferences, General Department of eminars, protocols, and other ceremonies Administration and Finance within the Ministry; To summarize and make working report The General Department of Administration and other activities of the Ministry; and Finance shall function as the ministerial To write monthly, trimester and semester,

ASEAN Government Law Directory 22 nine month and yearly report for its To propose economic planning project, superiors; social aff airs and public investment of the

To perform other duties as assigned by Ministry; CAMBODIA the Minister. To propose Ministry budget project and follow up and remind the implementation; B. Department of Financial Aff airs To write monthly, trimester and semester, The Department of Financial Aff airs shall be nine month and yearly report for its responsible for: superiors; To manage budget and fi nance for the To perform other duties as assigned by functioning of the Supreme Council of the Minister. Magistracy that is the national separate budget from the Ministry’s budget which C. Department of Personnel Aff airs has the Minister of Justice as Authorized The Department of Personnel Aff airs shall Person for expend; function as following activities: To gather requests, make a list of revenue To administer all civil servants who are and preparing expenditure plans, serving for the Ministry of Justice in managing equipment, managing collaboration with the State Secretariat equipment repairs and construction; for Civil Service; To collect and coordinate all expense of To prepare policies for recruitment, the Ministry; appointment, promotion, removal, and To manage movable and immovable retirement for the ministry as determined property and material stock, and make by law; inventories; To prepare the formality and propose to To manage regularly the list of the give the working medal and honorary invoice…. and physical account; gift to the leaders, ministerial government To manage the budget of the ministry, offi cials and foreign experts to the provincial and municipal courts and Ministry which has good achievement; prosecutors; To determine functions and number of To administer and manage the revenue in civil servants and collect information compliance with the fi nancial law; concerning to all level of tribunals and To organize information technology of prosecution institutions; fi nancial activities and operational To prepare all administrative fi les for account; career management; To implement the ministry’s public To prepare statistics of personnel procurement; management and operational schedules;

ASEAN Government Law Directory 23 To organize planning for determining a of ministries and other institutions; number of judges, prosecutors in To join the discussion, negotiate and proportion with citizen within the participate in signing international provinces and municipality for the agreement connect to the administrative functioning of tribunals and prosecutors; law; To write monthly, trimester and semester, To join the educating, training and nine month and yearly report for its disseminating laws concerns judicial superiors; aff airs; To perform other duties as directed by To propose law making project and other the Minister. legal text of the ministry; To cooperate with foreign countries and General Department of Technical Aff airs organizations on the national and The General Department of Technical Aff airs international legislation work; shall function as a mechanism of the ministry To research and build data system of on coordinate function and manage the national and international criminology; legislation, prosecution, criminal and civil To write monthly, trimester and semester, Aff airs include preparing strategies for the nine month and yearly report for its development of technical work throughout superiors; the whole jurisdiction. To perform other duties as assigned by The General Department of Technical Aff airs the Minister. has four subordinate departments: Department of Legislative Aff airs; B. Department of Prosecution Aff airs Department of Prosecution Aff airs; The Department of Prosecution Aff airs shall be Department of Criminal Aff airs; responsible for: Department of Civil Aff airs. To participate in drafting laws and other regulations that related to prosecution A. Department of Legislative Aff airs institutions; The Department of Legislative Aff airs shall be To join reviewing and provide responsible for: consultations on all draft laws and Draft laws concerning the fi eld of justice regulations prepared by the ministries and make authenticate text which related and other institutions related to the organization and functioning of the prosecution; tribunals and prosecution institution and To monitor the law enforcement of other concerned legal text; detention centre and prison; To review and give opinion on draft laws To supervise the statistics and activities of

ASEAN Government Law Directory 24 all prosecution institutions; related to extradition, the implementation To investigate, monitor the judgment of extradition and ensure the application

application and other rulings of all level of international indictments for criminal CAMBODIA of tribunals and prosecution institutions; cases; To review and preparing complaints that To prepare and enforce measures related to prosecution institutions; preventing the commission of off enses To establish relationships with national by cooperating with relevant ministries and international organizations in the and national organizations; aspect of prosecution and human rights; To receive and forward complaints related To review and provide consultation to the enforcement of criminal related to prosecution matters; punishment; recourses, and actions for To follow up the law enforcement amnesty as provided by law; activities of the prosecution institutions; To collect data of judgment, criminal To prepare statistics and summary report judgment and other rulings concern the of the prosecution aff airs; criminal case of all tribunals; To write monthly, trimester and semester, To review list of statistics of criminal cases; nine month and yearly report for its To manage of criminal records and issue superiors; extracts of criminal records; To perform other duties as assigned by To prepare statistics and achievement the Minister. reports of criminal aff airs; To write monthly, trimester and semester, C. Department of Criminal Aff airs nine month and yearly report for its The Department of Criminal Aff airs shall be superiors; responsible for: To perform other duties as assigned by To participate in drafting laws and the Minister. regulations concern the criminal law; To review and provide consultations D. Department of Civil Aff airs related to criminal Aff airs; The Department of Civil Aff airs shall be To participate with the Ministry or other responsible for: concerned institutions for negotiating the To participate in drafting laws and international treaty, convention or regulations related to civil aff airs; international agreements related to To participate in reviewing and providing criminal cases; consultation on the draft of law and other To review proposals made by foreign regulations which is prepared by the governments and Cambodia prosecutor ministry and other institutions that

ASEAN Government Law Directory 25 concerns with the civil aff airs; order to develop the ministry. To participate in discussions and The General Department of Research and negotiations and enter into international Judicial Development consists of three agreements related to private law, subordinate departments as followed: commercial law, social law include patent, Department of International Relation; intellectual property; Department of Research and Training; To ensure the proper functioning of the Department of Education and cooperation of international courts of Dissemination of Law. civil jurisdiction and ensure the enforcement of international indictments A. Department of International Relation for civil jurisdiction; The Department of International Relation shall To review, manage and prepare all be responsible for: complaints related to civil cases; To coordinate all international aff airs that To collect data of judgments, civil relate to justice aff airs; judgments and other rulings concerning To coordinate international assistance on the civil case of all level of tribunals; justice aff airs; To review the fi ling fee of the tribunals To establish justice relationships with and list of statistic of civil cases; other countries; To review and provide opinions related to To work with international, ministries or civil aff airs; institutions in fi ghting against terrorism, To prepare statistics and summary report illegal drug and money laundering, of the civil aff airs; human traffi cking and transnational To write monthly, trimester and semester, crime; nine month and yearly report for its To be in charge of ASEAN’s justice aff airs; superiors; To hold cooperation programs, MOU and To perform other duties as assigned by agreements on justice aff airs with other the Minister. countries and international organization; To coordinate and prepare oversea General Department of Research mission for high ranking offi cials and and Judicial Development delegate of the Ministry; The General Department of Research and To prepare statistics and achievement Judicial Development shall function as the reports of international aff airs; mechanism of the Ministry on coordination, To write monthly, trimester and semester, international relation, education, dissemi- nine month and yearly report for its nation and research in the fi eld of justice in superiors;

ASEAN Government Law Directory 26 To perform other duties as directed by C. Department of Education and the Minister. Dissemination of Law

The Department of Education and CAMBODIA B. Department of Research and Training Dissemination shall be responsible for: The Department of Research and Training shall To educate and disseminate on justice be responsible for: system; To prepare vision for modernize and To control the education and develop of the whole Ministry; dissemination on justice system; To research and conduct training needs To combine and publish all legal texts assessment and short course of training; that related to justice system; To study and research applicable of legal To prepare and manage the system of other countries for combining a documentation centre of the Ministry; document for the documentation centre To establish and manage information of the Ministry of Justice; system and website of the Ministry; To manage and cooperate with the Royal To propose information strategic plan; Academy for Judicial Aff airs for training To write monthly, trimester and semester, bailiff s and Court Assistants; nine month and yearly report for its To plan and prepare training and short superiors; course of civil servants of the Ministry; To perform other duties as directed by To cooperate with the Royal Academy for the Minister. Judicial Aff airs for training judges, prosecutors and court clerks; Central Authority of Ministry of Justice To coordinate and prepare for offi cials who go to study or training oversea; H.E. Mr. PHOV Samphy To manage all trainees who work on the Director General of Research and Judicial job training at the Ministry of Justice; Development Chairman To coordinate the cooperation between Email: [email protected] the Ministry of justice, civil society and international organizations related to Mr. KU Khemlin training and short course; Deputy Director General of Research and To write monthly, trimester and semester, Judicial Development Vice-Chairman nine month and yearly report for its Email: [email protected] superiors; To perform other duties as directed by Mr. BUNYAY Narin the Minister. Deputy Director General of Administration and

ASEAN Government Law Directory 27 Finance Vice-Chairman act as the focal point to facilitate all legal Email: [email protected] assistance; direct contact or through diplomatic Mr. CHAN Satha channel with national and international Director of International Relation Department agency to facilitate mutual legal Permanent Member assistance; Email: [email protected] organize, review and facilitate the Address: The Ministry of Justice translation of requests, case fi les, No 14, St. Sothearos Blvd evidence, and documents relevant to Phnom Penh, Cambodia legal assistance; Tel: (855-23) 219 570/216 322 manage data of request on mutual legal Fax: (855-23) 219 570/216 322 assistance and organize legal documents E-mail: [email protected] entering to data base and online to Ministry of Justice’s website; The Central Authority of Ministry of Justice keep confi dential requests for assistance, shall be established on 11 January 2011 and their contents, and supporting under the jurisdiction of General Department documents contained in the request, as of Research and Judicial Development to well as the fact of any assistance given facilitate mutual legal assistance, transfer of and any action taken relative to the prisoners, and extradition in criminal, civil, request; and commercial matters. ensure the information and evidence protecting from losing and using, The Central Authority’s mission, roles, and changing, revealing without authorization tasks are as follows: or other improper use; receive, examine, and facilitate requests develop an action plan for facilitation, for extradition, prisoner transfers and expenditure , study tours, workshops and mutual legal assistance in criminal, civil, meetings at national and international and commercial cases; levels; transmitted the requested to relevant contact development partners in order agencies and returned back to requesting to support human resources party; development; organize information to be sent and enhance cooperation with national and monitor all received and sent requests to international agencies to facilitate mutual ensure eff ective and effi cient legal assistance; communication; develop monthly, three month, six-

ASEAN Government Law Directory 28 month, nine month and yearly reports; Judges or Prosecutors upon his or her receive and perform other necessary motion.

duties given by Minister of Justice; CAMBODIA The Composition of SCM: THE SUPREME COUNCIL OF MAGISTRACY (SCM) The Supreme Council of the Magistracy chaired by the King and assisted by the Minister of Address: The Secretariat of the Supreme Justice, the President of the Supreme Court, Council of Magistracy Prosecutor General to the Supreme Court, the Chamkarmon President of Court of Appeals, Prosecutor State House Norodom BLVD, General to Court of Appeals and three other Phnom Penh Cambodia. elected Judges. The King may appoint a Tel: (855-23) 726 151 representative to chair the Supreme Council of Fax: (855-23) 726 150 the Magistracy. E-mail: THE JUDICIARY The King is guarantor of the independence of the Judiciary. The Supreme Council of The Judiciary is one of the three pillars of the Magistracy is an institution to assist the King in State. It administers the law independently of this matter. the legislative and executive bodies. This independence is safeguarded by the King The Power and Function of SCM: according to the Constitution of the Kingdom of Cambodia. To make proposal to the King on the appointment of Judges and the Under the Constitution of the Kingdom of Prosecutors; Cambodia, the judicial power is vested in the To make proposal to the King on Supreme Court and the Lower Courts of all transferring of Judges and Prosecutors sectors and level. from one place to another; To make proposal to the King on The Supreme Court: promotion of status of Judges and Prosecutors; Address: The Chief Justice of The Supreme To take disciplinary actions against any Court Sothearos Blvd, Sangkat delinquent Judges and Prosecutors; Chaktomuk, Khan Daun Penh, To make the decision on suspension of Phnom Penh, Cambodia

ASEAN Government Law Directory 29 Tel: (855-23) 212 826 The Bar Association of Fax: (855-23) 212826 the Kingdom of Cambodia: E-mail: Website: www.supremecourt.gov.kh Address: The Bar Association of the Kingdom of Cambodia The Prosecutor General’s Offi ce No. 10-11 E0E1E2 St. 180, Sangkat of Supreme Court: Boeung Raing, Khan Daun Penh Phnom Penh, Cambodia Address: The Prosecutor General to the Tel: (855-23) 220 237 Supreme Court Fax: (855-23) 213 658 Sothearos Blvd, Sangkat E-mail: [email protected] Chaktomuk, Khan Daun Penh, Website: www.bakc.org.kh Phnom Penh, Cambodia Tel: (855-23) 212 831 Fax: (855-23) 212 831 E-mail:

The Court of Appeals:

Address: The President of the Court of Appeals Sothearos Blvd Phnom Penh, Cambodia Tel: (855-23) 218 460 Fax: E-mail:

The Prosecutor General to the Court of Appeals:

Address: The Prosecutor General to the ourt of Appeals Sothearos BLDV Phnom Penh, Cambodia Tel: (855-23) 218 574 Fax: E-mail:

ASEAN Government Law Directory 30 INDONESIA INDONESIA Stipulate policies that support development at macro-level; THE MINISTRY OF LAW Develop the national-plan in its AND HUMAN RIGHTS respective fi elds; Stipulate the conditions for accreditation Adress Jl. H. R. Rasuna Said, Kav. 6-7, of educational institutions and the Kuningan, Jakarta Selatan certifi cation of professionals or experts Fax: 525367 and occupational conditions; Tel: 5253004 Ensure compliance to treaties or Email: [email protected] international agreements signed on Website: www.kemenkumham.go.id behalf the state; Stipulate the policies relating to the The Ministry of Law and Human Rights has the national information system; duty to assist the President in enforcing the Develop national laws and regulations; Government’s duties in the area of Law and Enact legislation for corporate bodies; and Human Rights. Enact legislation for Intellectual Property Rights In carrying out the above-mentioned The Ministry also oversees; duties, the Ministry’s functions are to: - Operation and development of Speed up the enforcement of Law and correctional institutions, immigration Human Rights. and notaries Develop and co-ordinate the - Detention, state confi scation of enforcement of the Ministry’s duties and goods, state seizure of goods, matters administrative services. relating to the courts, legal counsel, Undertake research and applied registration of fi duciaries, change of development, particularly in the area of name, inheritance, bankruptcy, education and the training and the constitutional matters and citizenry. implementation of regulations - Clemency, amnesty, abolition, promulgated in accordance with rehabilitation, civil servants; and prevailing policies in the fi eld of law and - Protection, enhancement, enforcement human rights, and and the fulfi llment of Human Rights. Enforce functional control The Ministry of Law and Human Rights Besides the above, the Ministry of Law and comprises: Human Rights also has the authority to: The Minister

ASEAN Government Law Directory 32 The Secretariat General; Formulate policies in the fi eld of The Inspectorate General; legislation;

The Directorate General of Legislation; Implement policies in the fi eld of INDONESIA The Directorate General of Public Law legislation in conformity with the Administration; stipulation of prevailing government The Directorate General of Correctional regulations; Facilities; Formulate the standards, norms, The Directorate General of Immigration; guidelines, criteria and procedures in The Directorate General of Intellectual the fi eld of legislation; Property Rights; Provide technical guidance and The Directorate General of Public evaluation; Judicial Agencies and State Judicial Exercise oversight over all the Administration; administrative aff airs pertaining to areas The Directorate General of the Protection under the purview of the Directorate of Human Right; General; The National Law Development Agency; Draft, harmonize, monitor and evaluate The Expert Staff in the Sector of the implementation and formulation of Economics and Foreign Relations; legislation; and The Expert Staff in the Sector of Politics, Process and prepare for the purposes of Social Issues and Security; publication draft bill and supporting The Expert Staff in the Sector of Land material thereon. and Environmental Law; The Expert Staff in the Sector of The Directorate General of Public Law Development of Legal Culture; and Administration The Expert Staff in the Sector of Violation of Human Rights. The Directorate General formulates and exercise policies and technical standardization The Directorate General of Legislation in the area of Public Law Administration.

Duties and function: The Directorate’s functions are to: The Directorate General has the duty to Formulate Ministry’s policies in the area formulate and exercise the policies as well as of Public Law Administration to ensure the technical standardization of Implement policies in conformity with legislation. the prevailing regulations; The Directorate’s functions are to: Formulate the standard, norms, guiding

ASEAN Government Law Directory 33 work, criteria and the procedures; prisoners, to manage property Exercise technical guidance and confi scated by the State; and evaluation; and Ensure safety through enforcing reform, Oversee administrative aff airs rehabilitation, counseling and care of prisoners. The Directorate General of Correctional Institutions The Directorate General of Immigration

The Directorate General of Correctional The Directorate has a duty to formulate and Institutions has a duty to formulate and implement policies in relation to immigration. exercise policies in relation to correctional institutions. The functions of the Directorate General The functions of the Directorate General are to: are to: Prepare and formulate the Ministry’s Formulate the Ministry’s policies in policies in relation to correctional relation to Immigration; facilities, the care of detainees and the Implement the policies in conformity administration of property confi scated with the requirement stipulated in the by the State; government prevailing regulations; Exercise policies in relation to Formulate the standards, norms, correctional facilities involving the care directions, criteria and procedures of detainees and the administration of relating to Immigration; property confi scated by the State in Provide technical guidance and conformity with the requirements evaluation; stipulated in the prevailing governments Handle the Direction General ‘s aff airs; and regulations; Plan, enforce, control and carry out Formulate the standards, norms, immigration operations to ensure safety guidelines, criteria and procedures governing correctional institutions; The Directorate General of Immigration Provide technical guidance and carry comprises: out evaluation; The Secretariat of the Directorate Handle Administrative matters under General; the purview of the Directorate General; The Directorate of Immigration Traffi c; Grant approval and set technical The Directorate of Foreigner Stay standards in the fi eld of reform, to Permits and the Immigration Status; provide counseling and care to The Directorate of Surveillance and

ASEAN Government Law Directory 34 Immigration Measures; The Directorate of Trade Marks; The Directorate of Co-operation of The Directorate of Co-operation and

Foreign Immigration; and Development of Intellectual Property INDONESIA The Directorate Immigration Rights; Information. The Directorate Information Technology.

The Directorate General of Intellectual The National Law Development Agency Property Rights Adress: Jl. Mayjen Sutoyo No. 10-Cililitan, Duties and function: Jakarta Timur The Directorate General has the duty to Tel: 62 21 8011751 formulate and exercise the policies as well as Fax: 62 21 800 2265 to ensure the technical standardization in the Email: [email protected] area of Intellectual Property Rights. Website: http://www.bphn.go.id

The functions of the Directorate The National Law Development Agency has a General are to: duty to oversee the reform and the Formulate Ministry’s policies in the area development of National Law. of Intellectual Property Rights Implement policies in conformity with The Agency’s functions are to: the prevailing regulations; Formulate and implement technical Formulate the standard, norms, guiding policies in the area of National Law work, criteria and the procedures; Development; Exercise technical guidance and Formulate the standards, norms, evaluation; and guidelines, criteria and procedures in Oversee administrative aff airs the area of National Law Development; Award technical guidance and The Directorate General of Intellectual evaluation; Property Rights comprises: Handle the administrative aff airs under The Secretariat of the Directorate the Agency’s purview; General; Reform and Develop the National Law The Directorate of Copyrights, Industrial System; Design, Lay Out of Integrated Circuit Co-ordinate the implementation of the Designs and Commercial Secrets; plan for National Law Development and The Directorate of Patterns; the National Legislative program;

ASEAN Government Law Directory 35 Reform, give guidance and enforce co- arrangement of judicial powers consists of: ordination and co-operation in the The Public Judicial Power: provision of Legal Dissemination; The Court of fi rst instance are: Organize activities to strengthen - The Criminal Court society’s legal structure; and - The Private Court Reform and develop a network of Legal - The Children’s Court information and documentation and - The High Court acting as the Appellate the Law library Court. The Special Judicial Power: The structure and organization of the - The Commercial Court National Law Development Agency - The Religious Court comprises: - The Military Court The Secretariat of the Agency; - The State’s Administration Court The Center of National Law Development - The Human Rights Court Planning; Supreme Court acting as the highest The Center of National Law System Judicial Power Reform; The Center of Legal Dissemination; and SUPREME COURT The Center of Legal Information and Documentation. Jl. Merdeka Utara, Jakarta Pusat Fax: 3454546 THE JUDICIARY Tel: 3454546 Website: www.mahkamahagung.go.id In a democratic state based on law, the existence of the judiciary is very important as it The Structure of the Supreme forms one of the three pillars in the democratic Court consists of: state. In administering the law, the judiciary is The Leader independent of the infl uence of the legislative - The Honorable Justice as the member and executive arms. Judge The mission of the judiciary is to superintend Registrar the administration of justice. Secretary General of the Supreme Court

The Arrangement of Judicial Powers The Leader of the Supreme Court comprises:

In Indonesia, based on the prevailing law, the The Junior Chairman for Judicial Public

ASEAN Government Law Directory 36 Aff airs /Public Criminal Law subordinate courts and the behavior The Junior Chairman for Judicial Public of judges in all the courts;

Aff airs /Private Customary Law - Control the legal counsel and the INDONESIA The Junior Chairman for Judicial Military notaries as long as it relates to a Aff airs/ Army; judicial matter; and The Junior Chairman for Judicial State’s - Give warning, admonition and Administration; and necessary instructions to the The Junior Chairman for Judicial subordinate courts. Religion. May request information from and the consideration of : The Power of the Supreme Court - All the existing Courts The Supreme Court has a duty and - The Attorney General power to examine and decide: - Any other functionary exercising the - A petition appeal fi lled by the duty of crime prosecution. subordinate court to the Supreme Court The Supreme Court has the power to annul - Confl icts concerning the power to the decision or a determination of a judge’s lawsuit; and subordinate court because: - Petition for judicial review. The subordinate court does not possess To give consideration to points of law the authority or exceeds its authority whether or not requested by the State. The subordinate courts are mistaken in To give legal advice to the President as applying or have violated the prevailing the Head of State in relation to the award law. of, or refusal to grant clemency To examine government regulations The Court of First Instance and High Court passed under the law To carry out other duties and authority The Republic of Indonesia comprises thirty– based on the prevailing law three provincial governments and hundreds of regencies and municipal governments. Thus in In order to be able to enforce the above order to preserve the welfare, security and mentioned, the Supreme Court: public order as well as to protect the rights of Has the authority to: people before the law, it is necessary to exert - Superintend the operation of the eff orts to instill orderliness, justice, truth and judiciary; certainty in the enforcement of the law. Under - Superintend the work of the Law Number 2 Year 1986 concerning General

ASEAN Government Law Directory 37 Judiciary, each regency and/or municipality Number 7 year 1998 concerning the Religious government has set up a court of First Instance Court. Under the law, the court is the executors that is vested with a duty to examine, decide of judicial power to mete out justice for the and settle the Criminal and Private Cases for Moslem people in civil cases. people who seek justice. The Military Court The above-mentioned law also requires a High Court to be founded in each provincial The Court was established pursuant to Law government. The High Court is the appellate Number31 Year 1999 concerning the Military for cases decided by the Court of First Instance Court. Under the law, the court is the executor and acts as the fi nal court and authority for the of judicial power in relation to the Army and to resolution of confl icting judgments in the enforce law and justice on military matters, event of confl ict of decisions in two First bearing in mind the interest of State’s security. Instance Courts. The State Administration Court The Court of First Instance and the High Court are the subordinate courts of the Supreme The Court was established pursuant to Law Court. Number 5 Year 1986 concerning the State’s Administration Court. Under the Law, the court The Special Judicial Power’s Executor is the executor of judicial power for cases The Commercial Court where people seek justice regarding confl icts involving the State’s Administration. The Court was founded pursuant to Law Number 4 Year 1998. Based on the law, besides The Human Rights Court having powers to examine and decide on requests of declaration of bankruptcy and the The Court was established pursuant to Law deferment of obligations of the payment of Number 26 Year 2000 concerning the Human debts, the court is also empowered to examine Rights Court. Under the law, the court has a and to decide other lawsuits in the sector of duty and authority to examine and to decide commerce where stipulated by government on issues relating to serious violations of regulations. human rights committed by the Indonesian people either within or outside of Indonesia. The Religious Court The Institution for Non-Judicial Dispute The Court was established pursuant to Law Settlement

ASEAN Government Law Directory 38 At the outset of the year 1999, many reforms and is responsible in part for the development and improvements were made to improve the of the law.

law, one of which was the establishment of INDONESIA various no-judicial disputes. They are: With regard to enforcement, the Attorney has the following functions: The Commission of Consumer‘s Disputes Formulate enforcement and technical policies, to off er guidance and to grant The commission was established pursuant to approvals in accordance with its duties Law Number 8 Year 1999 concerning Consumer prescribed by government regulations Protection. The duty and authority of the and the general policies passed by the agency is to execute the handling and the President; completion of consumer disputes through Organize and enforce the development mediation, arbitration and conciliation. of infrastructure, development, organization, management and The Superintendent’s Commission administration of state property; of Business Competition Enforce laws either by preventive action or repressive action as justice requires in The commission was established pursuant to criminal cases, to enforce public order Law Number 5 Year 1999 concerning the and security, to give assistance in the Prohibition of Practices of Monopoly and enforcement of civil law, administration Unfair Business Competition. Based on the law, law, etc., to carry out duties to ensure the duties and authority of the commission certainty of laws. In accordance with relate to handling of disputes relating to government regulations and general business competition. policies passed by the government; Place suspect and accused persons in THE ATTORNEY OF THE REPUBLIC the hospital or in a place of spiritual care OF INDONESIA or in any other designated place as decided by a judge, where the suspect Jl. Sultan Hasanuddin No. 1 Jakarta Selatan or accused persons is unable to stand Tel: 7208557 Fax: 7250213 trial for himself or because he might Website: http://www. kejaksaan.go.id endanger another person, or his/ herself; Give legal advice at the instance of the The Attorney of the Republic of Indonesia central government or regional constitutes the governmental institution that government, to publicize and enact enforces the power of state in prosecutions regulations and to enhance social

ASEAN Government Law Directory 39 awareness of laws; and - take control of religious sects that Organize the co- ordination, guidance could endanger the society and State and technical direction necessary to - Take measures to prevent the abuse fulfi ll its main duties and stipulated by of or disgrace of religion; and the government and general policies - Undertake research on developments passed by the President. in the law and criminal statistics.

The General Duty and Authority of Attorney The Special Task and Authority of the of the Republic of Indonesia Attorney of the Republic of Indonesia

In criminal cases, the Attorney has duty The special task and authority of the Attorney and authority to: of the Republic of Indonesia come under the - Conduct prosecution in criminal Attorney-General, who has the authority to: cases; Pass and control the policy relating to - Enforce the decision of the judge and law enforcement and justice for matters decision of the court; under his purview; - Control the enforcement of the Co-ordinate the handling of certain decision for conditional release criminal cases in accordance with - Complete additional examinations government regulations, which before submitting it to the court, with enforcement is passed by Presidential the investigating offi cer. decree; - In private and state administration Ignore law suits in the public of interests; cases, the Attorney may by the special Appeal to the Supreme Court to clarify authority take measures either inside points of law arising from criminal, or outside of the court on behalf of private and state administration cases; the State or government. File technical considerations to the Supreme Court in the examination of In the interest of preserving public order appeals of criminal cases to the Supreme and security, the Attorney shall take Court; action to organize activities to: Extend advice to the President petition - Enhance public legal awareness; of clemency for death sentence; and - Secure the publicity of law Prevent or prohibit certain persons from enforcement; entering or leaving the region of the - secure the circulation of printed Republic of Indonesia because of his/ matter; her involvement in a criminal case

ASEAN Government Law Directory 40 The Attorney of the Public of Indonesia The Objectives of Having a National consists of the: Ombudsman are:

Attorney-General; By the active participation of society, INDONESIA Vice-Attorney –General; creating and/or developing conductive Junior Attorney-General in Construction; conditions to enforce the annihilation of Junior Attorney-General in Intelligence; corruption, collusion and nepotism; and Junior Attorney-General in Public To enhance the protection in society in Crime; order to attain better public service, Junior Attorney-General Particular justice and welfare. Crimes; Junior Attorney-General in Civil and To realize its objectives, the National State Administration Cases; Ombudsman has a duty: Junior Attorney-General in Central To disseminate and create wider Control; and awareness of the institutions of the The region Attorney: Ombudsman;

The Chief Public Prosecutor To maintain co-ordination and /co-

The Public Prosecutor operation with government agencies, agencies, university, non-governmental THE NATIONAL OMBUDSMAN organization, experts practitioners and professional organizations; Website: http://www.ombudsman.go.id To take steps to follow up on reports or Jl. HR. Rasuna Said Kav. information relating to the abuse of the C-19 Kuningan, Jakarta Selatan organs of State in carrying out their Tel: +62 21 52960894/95 duties or in giving public services; and +62 21-52960904/05 To prepare drafts of the proposed laws of the National Ombudsman. This Commission was formed on 10 March 2000 by President Abdurrahman Wahid. The The Structure of the National Ombudsman objective of forming this Commission was to comprises: involve society in keeping surveillance and to The Plenary Meeting ; guarantee the creation of a clean government, The Sub-Commission; free of corruption, collusion and nepotism. The Secretariat; The Team of Assistants and Administrative Staff .

ASEAN Government Law Directory 41

LAO PDR LAO PDR The Judgment execution Department; The Notary Department; THE MINISTRY OF JUSTICE The Inspection Department; The Law Research and International Address: Lanexang Avenue, P.O.Box 08 Cooperation Institute; Vientiane, LAO PDR The Judicial Training Institute; Tel: +856-21-414102; The Lao Arbitration Center; Fax: +856-21-414102 The Ministry of Justice has the duties to The Ministry of Justice established by the supervise and provide the facilitation to the Prime Minister Decree No 404/PM, dated 23 Lao Bar Association, the Law offi ces (private November 2007. The Ministry of Justice has law fi rms). the following primary responsibilities include drafting laws, examining the drafted laws The Ministry of Justice also administrate and submitted by line ministries, formulating supervise three Law Colleges, namely the legislative plans, collecting legal information, North Zone Law College, Middle Zone Law training legal and judicial offi cials, local College and Southern Zone Law College. arbitration’ offi ces and village mediation units, considering nationality and citizenship, At the local level, the Ministry of Justice notarizing legal documents and supervising administrates and supervises 17 Provincial the execution of the civil judgments, Justice Departments and 143 District Justice conducting legal research to develop existing Offi ces. laws, disseminating the laws. The Ministry of Justice also supervises legal professions, the Ministerial ranks Lao Bar Association and the development of H.E Chaleune YIAPAOHER legal education. Minister of Justice

The Ministry of Justice comprises of 11 H.E Ket KIETTISAK Departments as follow: Vice-Minister of Justice The Cabinet Offi ce; The Legislation department; H.E La SINGDALA The Judicial Administration Department; Vice-Minister of Justice The Law Dissemination Department; The Personnel and Organization Department;

ASEAN Government Law Directory 44 The Cabinet Offi ce of the Ministry of Justice The Department of Judicial Administration Mr. Phayvi SIBOUALIPHA Mr. Siphan SISOMBATH

Chief of Cabinet Director General PDR LAO

Mr. Vilath PHIOUONE Ms. Bouathong SINGBOUNGANG Deputy Chief of Cabinet Deputy-Director General

Mr. Leexiong LEEXAYTOU Mr. Somboune VONGPHACHANH Deputy Chief of Cabinet Deputy-Director General

Mr. Bountha SONGYERTHAO The Law Dissemination Department Deputy Chief of Cabinet Mr. Phouthone Keoduangmany Director General The Organization and Personal Department Mr. Bounpheng SINAVONGPHONE Mr. Bouaphone DARASENG Deputy-Director General Director General Mr. Bounlome Duangmala Mr. Pasong Vongdeune Deputy-Director General Deputy Director General The Department of Notary Mr. Souvannapha Soukvilay Mr. Khamphone SIPASEUTH Deputy Director General Director General

The Department of Legislation Mr. Sengphet LIEMPHACHANH Mrs. Bounephon HEANGMANY Deputy-Director General Director General Mr. Khamchane Keomanud Mr. Inthaphanya KHIEOVONGPHACHANH Deputy-Director General Deputy-Director General The Department of Court Judgment Mr. Souliya SIDAVONG Execution Deputy-Director General Mr. Bounta S.PHABMIXAY Director General

ASEAN Government Law Directory 45 Mr. Somchay THEPPHAYVONG The Law Research and International Deputy-Director General Cooperation Institute Mr. Ketsana PHOMMACHANH Mr. Kongsy SAISOUTTHA Director General Deputy-Director General Mr. Nalonglith NORRASING The Inspection Department Deputy-Director General Mr. Bounsavad BOUPHA Director General THE JUDICIARY The judiciary is one of the three branches of Mrs. Thai LORBLIAYAO the state, which has independence in making Deputy-Director General its judgments. The constitution of Lao People’s Democratic Republic (Lao PDR) guarantees the Mr. Duangmany LAOMAO independence of the judiciary. In the laws and Deputy-Director General Constitution of the Lao PDR, the courts are called “people’s court” to distinguish them The Lao Arbitration Center from military courts. Lao people’s courts are Mr. BounMek BANNAVONG divided into four tiers. The fi rst tier is comprised Director General of district courts. The second tier is comprised of provincial courts, the Vientiane Capital City Mr. Amnoiphon PANYASAVATH Court in Vientiane Capital City, the appellate Deputy-Director General courts, and the Supreme Court. The fi rst and second tier of courts serves as courts of fi rst Mr. Souphi NORLINTHA instance. Deputy-Director General The courts have function to adjudge cases in The Judicial Training Institute order to augment legality, social order dispose Mr. Dr. Chomkham BOUPHALIVANH of, and to deter wrongful acts and violations of Director General the laws. In Lao PDR, only the courts have the authority Mr. Sisavath MANIVONG to adjudge cases with strict observance of the Deputy-Director General laws.

ASEAN Government Law Directory 46 PEOPLE’S COURTS 5. Judicial Research and Training Institute (JTRI)

THE PEOPLE’S SUPREME COURT 6. Financial Department; PDR LAO 7. Civil Court Chamber; Address: Buongkhayong Village, 8. Criminal Court Chamber; P.O.BOX 6823 9. Commercial Court Chamber; Vientiane, Lao PDR 10. Family Court Chamber; Tel: (856-21) 353584, 353585, 353586 11. Juvenile Court Chamber. Fax: (856-21) 353510 The President and Vice Presidents of the The People’s Supreme Court is the highest People’s Supreme Court judicial organ of Lao PDR. It has power to H.E Khamphan SITHIDAMPHA supervise and examine the application of law President of the People’s Supreme Court and uniformity of court’s proceedings, review The President of the Supreme Court is cases appealed from lower courts regarding appointed and dismissed by the National the question of lawand rehear case decided by Assembly, by the proposal of the President of lower courts as fi nal decisions. The Supreme the State. The president serves for fi ve years. Court has the duty to issue legal instructions 1. H.E Somboun SOUNTHIKUMMAN and monitor cases at all levels of the judiciary Vice-Presidents to ensure uniformity of judicial process. 2. H.E Khampa SENGDARA Other rights and duties of the Supreme Court Vice-Presidents are defi ned in the Constitution and the Law on the People’s Court 3. H.E Khamphang KONGCHANHSENG No 05/NA1, dated 21/10/2003. Vice-Presidents

The People’s Supreme Court consists of6 The Vice-president of the People’s Supreme departments and 5 court’s chambers, as Court is appointed or removed by the President follows: of the State based on the proposal of the 1. The Cabinet Offi ce; President of the People’s Supreme Court. 2. Personnel-Organization Department; 3. Inspection Department The Cabinet Offi ce of the People’s 4. The Administration and Court Statistic Supreme Court Department; 1. Mr. Bouathong CHANTHAMALINH Chief of Cabinet Offi ce

ASEAN Government Law Directory 47 The Personnel-Organization Department THE APPELLATE COURTS 1. Mr. Thongmai SAYASING Director General The Appellate Courts have been recently established by the Law on Amendment of the The Inspection and Court Statistic Department Law on the People’s Court No.05/NA, dated 1. Mr. Khamtanh OUANGLASY 21/10/2003. There are three designated Director General Appellate Courts: the Appellate Court of Northern Region situated in Luangphrabang Judicial Research and Training Institute (JTRI) Province, the Appellate Court of Central Region 1. Mr. Bounkhuang THAVISACK located in Vientiane City, and the Appellate Director General Court of Southern Region which is situated in Champasack Province. The Financial Department 1. Mr. Chaoher HERVANGTOUA The Appellate Courts hear the fi rst-instance Director General cases appealed from the provincial courts and Vientiane Municipal Courts. Civil Court Chamber 1. Mr. Khamsay CHITAKONE The Appellate Courts are divided into Civil President of Civil Court Chamber Chamber, Commercial Chamber, Criminal Chamber, Family Chamber, and Juvenile Criminal Court Chamber Chamber. Each chamber comprises a president, 1. Mr. Bounheng PHIMMANIVONG vice-presidents, judges, assisted judges and President of Criminal Court Chamber court’s registrars.

Commercial Court Chamber All appellate judges are appointed and 1. Mr. Khamphan BOUNPHAKOM removed by the Standing Committee of the President of Commercial Court Chamber National Assembly, upon the proposal of the President of the Supreme Court Judges. Family Court Chamber 1. Mrs. Keson PHANLUCK THE PROVINCIAL COURTS AND President of Family Court Chamber THE VIENTIANE CAPITAL CITY COURT

Juvenile Court Chamber The people’s provincial courts and Vientiane 1. Mr. Bounterm KOMMITAPAB Capital City’s Court are part of the judicial President of Juvenile Court Chamber system of the Lao PDR. They adjudicate the

ASEAN Government Law Directory 48 fi rst-instance cases which are not beyond the Amendment of the Law on People’s Court jurisdiction of the district courts. They also act No.09/NA, dated 26/10/2003. They also have as an appellate court to hear cases appealed jurisdiction to adjudicate petty criminal cases PDR LAO from the district courts. At the moment, there provided in Article 22 of Penal Law No. 29/SP, are 17 provincial courts and Vientiane Capital dated 23/12/1989. City Court. Each court district or municipal court comprises Each people’s provincial court (Vientiane president, judges, and administrative staff . Capital City’s Court is also in this category) consists of a President, Vice-president(s) and PUBLIC PROSECUTORS judges, who are elected or removed by the Standing Committee of the National Assembly, The public prosecutors are responsible for upon the proposal of the President of the monitoring and securing the uniform Supreme Court Judges. implementation of laws and prosecuting cases In this court category, each court is divided before court. Other role and function of the into Civil Chamber, Commercial Chamber, Public Prosecutors are defi ned by the Law on Criminal Chamber, Family Chamber, and Amendment of Law on Public Prosecutor No. Juvenile Chamber. Like appellate courts, each 06/NA, dated 21/10/2003. chamber comprises a president, vice- president, and judges. The Offi ce of the Public Prosecutor is divided into: DISTRICT COURTS AND MUNICIPAL COURTS The Offi ce of the Supreme Public Prosecutor; The main role of the district courts and The Offi ce of the Appellate Public municipal courts is to reconcile and mediate Prosecutor the parties in the dispute. The Offi ce of the Public Prosecutor at provincial and city level; The district courts and municipal courts The Offi ce of the Public Prosecutor at adjudicate minor criminal matters and small district level; and claims. The Offi ce of the military Prosecutor.

The district courts and municipal courts have SUPREME PEOPLE’S PROSECUTOR’S OFFICE jurisdiction to adjudicate civil cases with value not exceeding LKP 300,000,000, and other cases stated in Article 27 of the Law on

ASEAN Government Law Directory 49 THE ORGAN OF THE PEOPLE’S mass organizations, social organizations, PROSECUTOR OF LAO PDR local administrations, enterprises and citizens. These monitors and inspections The Organ of the People’s Prosecutors of the are referred to as general monitoring Lao PDR is an Organization of the State and inspection; responsible for monitoring and inspecting the 2. Monitor and inspect the compliance respect and the proper und uniform adherence with laws by investigation organizations; to laws in the whole country and for the 3. Undertake the whole investigation or prosecution of accused to the court. those portions of it within its authorities as provided by the laws; Other role and function of the Organ of the 4. Prosecute the accused to the court; People’s Prosecutor are defi ned by the Law on 5. Monitor and inspect the adherence to Amendment of Law on the Organ of the laws in court proceedings; People’s Prosecutor No. 10/NA, dated 26 6. Monitor and inspect the implementation November 2009. of the eff ective instruction, decisions [and] judgments of the court; The Organ of the People’s Prosecutor of Lao 7. Monitor and inspect the adherence to PDR is consisted of: laws in places of arrest, places of - The Offi ce of the Supreme of the People’s detention, re-education centers, [and] Prosecutor; prisons during the implementation of - The Offi ce of the Regional People’s deprivation of liberty and the Prosecutor; enforcement of other court measures; - The Offi ce of the Capital City [or] 8. Monitor the examination, proposal and Provincial People’s Prosecutor; the implementation of the amnesty - The Offi ce of the Zoning People’s according to the presidential degree of Prosecutor; and the President of State; - The Offi ce of the Military Prosecutor. 9. Coordinate with the investigation agencies and other organizations to The Organ of the People’s Prosecutor has rights undertake measures to prevent and and duties to: counter crime or off ence and other 1. Monitor and inspect the respect and the violations of the law and to eliminate proper and uniform adherence to laws causes and conditions which result in and regulations by ministries, wrongdoing; organizations, government organizations, 10. Reopen cases after the law in the case Lao Front for National Construction, that there is a new evidence;

ASEAN Government Law Directory 50 11. Exercise such other rights and perform with the laws to such organizations or to such other duties provided by the laws. relevant higher- level authorities;

4. Make proposals to ministries, State PDR LAO PRINCIPAL ROLE AND FUNCTION OF organizations, Lao Front for National THE PEOPLE’S PROSECUTOR Construction, mass organizations, social organizations and enterprises regarding A- General Inspection the restrictions and elimination of For the general inspection, the offi ce of the violations of the law and the causes and people’s prosecutor has the rights and duties the conditions which cause wrongdoing to: to arise; 1. Monitor and inspect the adherence to 5. Exercise such other rights and perform laws by state organizations, Lao Front such other duties as provided by the for National Construction, mass laws. organizations, social organizations, enterprises, civil servants, citizens and B- Monitoring and inspecting the legal acts of the organizations concerned performance of Laws by the based on the complains, proposals of interrogation-investigation agencies individuals and organizations. If it is In monitoring and inspecting the performance found that there is wrongdoing they of Laws by the investigation agencies, and shall propose to the concerned within the scope of their rights and duties, the authorities to deal with issue; if an offi ce of the people’s prosecutor has the rights criminal off ence is found, chief people’s and duties to: prosecutor shall take legal action against 1. Demand criminal case fi les, documents, off enders; evidences and other data relating to any 2. Demanding the legal acts and invite off ense from the investigation agencies; individual or the representative of the 2. Participate in interrogation and concerned organization to provide investigation of criminal cases or in explanations regarding violations of the necessary cases, conduct the laws; investigation themselves; 3. Propose the suspension or cancellation 3. Cancel illegal or unreasonable orders of of the legal acts of the ministries, the interrogation and investigation organizations, Lao Front for National agencies; Construction, mass organizations, social 4. Give instructions in writing regarding organizations, local administrations, and the implementation of investigation enterprises which are not in compliance measures, prevention measures and the

ASEAN Government Law Directory 51 conduct of search for off enders and and duties to: analyst of an off ence; 1. Participate in court hearing of criminal 5. Issue order on arrest, detentions, case at their own (respective) levels to temporary detention, temporary prosecute and give a statement to the releases of the accused [and] on building court, inspect the court hearing to searches relating to off enses not proceed properly after the law; occurring in the presence of relevant 2. Examine the decisions or judgments of offi cials or in cases which are not urgent; the court whether it is rightly or not 6. Extend the time required for rightly responding to its own order, investigations and determine periods of including the imposition of the penalty a temporary detention as provided by and the application of law to that the law; off ence; 7. Send case fi les back to the investigation 3. Submit objections against criminal agencies along with instructions relating instructions, decisions, judgments of the to additional investigation; courts at the low level and at their own 8. Order investigation offi cials who have (respective) levels that are not fi nal, and violated the law in any case proceeding are unreasonable or not in accordance to cease the investigation; with the laws; 9. Order opening investigation, dismissing 4. Propose to withdraw their objection cases or suspending case proceeding; before the issuance of a decision; 10. Exercise such other rights and perform 5. Propose reopening a case upon other duties as provided by the Law. discovering new evidence; 6. Exercise such other rights and perform C. Monitoring and inspecting the such other duties as provided by the performance of the Laws in case laws. processing in the courts C. 2 Monitoring and inspecting the C.1 Monitoring and inspecting the performance of the Laws in civil, performance of the Laws in criminal commercial, family and juvenile case case processing in the courts processing in the courts

In monitoring and inspecting the performance In order to protect the State’s and society’s of the Laws in criminal case processing in the interests or of the Individuals lacking full courts and within the scope of their rights, the capacity in civil proceedings, the offi ce of the offi ce of the people’s prosecutor has the rights people’s prosecutor has the rights and duties

ASEAN Government Law Directory 52 to: 2. Inspect the correctness of the 1. Be civil plaintiff ; enforcement of the court judgment,

2. Collect evidences of the case and sue to especially the enforcement of the PDR LAO the people’s court; law, civil fee, the payment and the 3. Make a statement in writing to the collection of the court fee, tax and fi ne people’s court; to the state budget, the nationalization 4. Participate in court hearing at its own of the properties and the objects and level to make a statement. the enforcement of the criminal sentences; For the case that there is a person who sues or 3. Propose changes to, and the is a civil plaintiff : cancellation or suspension of, any 1. Examine the case fi le and make a improper enforcement of instructions, statement in writing to the people’s orders and decisions. court; 2. Participate in court hearing at its own The court judgment enforcement offi cer shall level to make a statement. implement all proposals of the offi ce of the 3. Exercise such other rights and perform people’s prosecutor within the period of thirty such other duties as provided by the laws. days from the date that the proposals are received. D. Monitoring and inspecting the enforcement of court judgments E. Monitoring and Inspection of the Adherence to Laws at Places of Arrest, In the monitoring and inspection the Places of Detention, Reeducation enforcement of the judgment, and within the Centers and Prisons scope of its responsibilities, the offi ce of the people’s prosecutor has the rights and duties In the monitoring and inspection of the to: adherence to laws at places of arrest, places of 1. Propose to the judgment enforcement detention, re-education centers and prisons, offi cer to: within the scope of their rights and duties, the - Report on the state of the court offi ce of the people’s prosecutors has the rights enforcement instructions, orders, and duties to: decisions or judgments; 1. Get informations regarding the - Execute the fi nal court instructions, detention, arrest, the movement, the orders, decisions or judgments which medical treatment and the release of have not yet been enforced. the suspected, the accused, reeducated

ASEAN Government Law Directory 53 or prisoner whether these are properly selection, classifi cation and in making or not properly implemented as the law the list of the prisoners who have the provided in order to take the immediate possibility to receive amnesty and measures; inspect the enforcement of the amnesty 2. Systematically or at any time, inspect after the presidential degree of the the places of arrest, places of detention, President of the State; re-education centers, prisons, and other 8. Inspect the list of suspected, accused, places of enforcement of court prisoners or persons in re-education, measures; and those who are subject to the 3. Inspect documents relating to arrests, enforcement of other court measures at detention, imprisonment, and reeducation places of arrest, places of detention, and inspect the enforcement of other re-education centers, and prisons, court enforcement measures; persons who have permitted to take 4. Inspect the management of the medical treatment or prisoners who detainees, arrested persons, prisoners have permitted to move from one and persons in re-education and other prison to implement the sentence at who are subject to the enforcement of another prison; other court measures and question 9. Inspect various orders and regulations of them; the committees in charge of the places 5. Inspect the actions of offi cials against of arrest, places of detention, reeducation individuals who have been detained, centers, and prisons to ensure that they arrested, imprisoned, re-educated, or are in compliance with the laws, and ask are subject to the enforcement of other such a committee to explain the reasons court measures. If it is found that any for violations of the laws; action of the offi cial violate the laws, the 10. Exercise such other rights and perform offi ce of the people’s prosecutor shall such other duties as provided by the warn that offi cial. if action constitutes a laws. criminal off ence, they shall take criminal actions against such an offi cial; SUPREME PEOPLE’S PROSECUTOR’S OFFICE 6. Order the immediate release of detainees, arrested persons, prisoners, persons in Address: Thadeua Road km 3 re-education, and those who are subject Vientiane, Lao PDR to the enforcement of other court Tel: (856-21) 353648 measures illegally applied to them; Fax: (856-21) 353855 7. Participate in the research, consideration, Email: [email protected]

ASEAN Government Law Directory 54 SUPREME PEOPLE’S PROSECUTOR OF LAO PDR Mr. Ouma Sisombath Deputy director general

H.E. Khamsane SOUVONG Tel: (856-21) 353861 PDR LAO Supreme People’s Prosecutor of Lao PDR Mobile phone: (856-20) 99731566 Tel: (856-21) 353689 Mr. Lathanaphonxay Vongkhamsao Mr. Lansy SIBOUNHEANG Deputy director general Deputy Supreme People’s Prosecutor of Lao PDR Tel: (856-21) 353861 Tel: (856-21) 353679 Mobile phone: (856-20) 99731566

The Cabinet Offi ce The Personnel Department

Mr. Somboun LATSABOUASY Mr. Xaysana Khodphouthone Cabinet Chief Director General Tel: (856-21) 353685 Tel:(856-21) 353692 Mobile phone: (856-20) 99801224 Mobile phone: (856-20) 99801220

Mr. Bounma PHONSANITH Ms. Bounthai Pankeo Deputy Chief of Cabinet Tel: (856-21) 353654 Tel: (856-21) 353681 Mobile phone: (856-21) 99801226 Mobile phone: (856-20) 99801221 The Supervision and General Inspection Mr. Khammoune Sengouthai Department Deputy Chief of Cabinet Tel: Mr. Chanthy Polivanh Mobile: (856-20)99101575 Director General Tel: (856-21) 353687 The Prison and Rehabilitation Department Mobile phone: (856-20) 55819937

Mr. Phavong Liengnouvong Mr. Amphay Neuvong Director General Deputy Director general Tel: (856-21) 353680 Tel: (856-21) 353857 Mobile phone: (856-20) 99801242 Mobile phone: (856-20) 55695085

ASEAN Government Law Directory 55 The Civil Inspection Department Mr. Bounkong Soukthavy Deputy Director General Mr. Sonsavanh Sengaphay Tel: Director General Mobile: Tel: (856-21) 353691 Mobile phone: (856-20) 55310122 The Institute for Research and Training of People’s Prosecutor Mr. Somkith Deputy Director General Mr. Linthone Saybounma Tel: (856-21) 353691 Director General Mobile phone: (856-20) 55310122 Tel: (856-21) 218582 Mobile: (856-20) 99801225 Ms Phonphet Ounkeo Deputy Director General Mr. Souphasith Lovanxay Tel: (856-21) 353691 Deputy Director General Mobile phone: (856-20) 55310122 Tel: (856-21) 218582 Mobile: The Criminal Inspection Department Mr. Soukkhala Khammanivong Mr. Sisounthone SORPHAPMIXAY Deputy Director General Director General Tel: (856-21) 218582 Tel: (856-21) 353862 MobileL856-20) 99801229 Mobile phone: (856-20) 99801230 Treaty and International Mr. Nosawanh Luanglart Cooperation Department Deputy Director Tel: (856-21) 353 862 Mr. Khamphet Somvolachith Mobile phone: (856-20) 55620577 Director Tel: (856-21) 353683 The Planning and Finance Department Fax: (856-21) 353682

Mr. Sonmphou Phothisa Ms Phonphachane Phouheuanghong Director General Deputy Director Tel: Tel: (856-21) 353683 Mobile: (856-20)99801226 Fax: (856-21) 353682

ASEAN Government Law Directory 56 The Prime Minister’s Offi ce Department of Treaty and Law Department of Secretariat

Address: Lanexang Avenue, PDR LAO Address: Lanexang Avenue, Vientiane, LAO PDR Vientiane, LAO PDR Tel: +856-21-41-4019 Tel: +856-21-22-2362 Fax: +856-21-41-3268 Fax: +856-21-21-3650 Department of International Cooperation The Prime Minister’s Offi ce is a State Organization at central level within the Address: Lanexang Avenue, Government’s structure. It serves as secretariat Vientiane, LAO PDR for the Cabinet and provides support to the Tel: +856-21-41-6628 Prime Minister. It also coordinates and prepares Fax: +856-21-41-6621 studies on detail issues related to the Government’s task and all matters related to the management and administration of the Country. Currently H.E Buason BOUPHAVANH is Prime Minister of the Government of Lao People’s Democratic Republic.

Legal Service at the Line Ministries

In Lao PDR, there is no legal unit or division in the Line Ministries. However, handling in legal matters and legal information in the line Ministries is under the coordination the Cabinet’s Offi ces of each line Ministry.

Ministry of Foreign Aff airs ASEAN’s Department:

Address: Lanexang Avenue, Vientiane, LAO PDR Tel: +856-21-41-5109 Fax: +856-21-41-3268

ASEAN Government Law Directory 57

MALAYSIA MALAYSIA The Attorney General of Malaysia The Attorney General is the principal legal ATTORNEY GENERAL’S CHAMBERS adviser to the Government. The current Attorney General is the Honorable Tan Sri No. 45, Persiaran Perdana, Precinct 4, Abdul Gani Patail. His role and responsibilities 62100 Putrajaya are provided for in Article 145 of the Federal Tel: 603 - 8872 2000 Constitution. Article 145 of the Federal Fax: 603 - 8890 5670 Constitution provides: Website: www.agc.gov.my 1. The Yang di-Pertuan Agong (King) shall, on the advice of the Prime Minister, Objective: appoint a person who is qualifi ed to be a To provide legal services of the highest quality, judge of the Federal Court to be the effi ciently, fairly and equitably in accordance Attorney General for the Federation. with the Constitution and laws. 2. It shall be the duty of the Attorney General to advise the Yang di-Pertuan Functions: Agong (King) or the Cabinet or any To give legal advice and views to the Minister upon such legal matters, and to Malaysian Government in accordance perform such other duties of a legal with the principles of international law character, as may from time to time be taking into account the policy of referred or assigned to him by the Yang Malaysian Government, public policy, di-Pertuan Agong (King) or the Cabinet, interest and domestic laws; and to discharge the functions conferred To advise the Federal and State on him by or under this Constitution or Government on all legal matters any other written law. including Syariah laws; 3. The Attorney General shall have power, To draft all legislations for the Federal exercisable at his discretion, to institute, Government; conduct or discontinue any proceedings To provide prosecution instructions to for an off ence, other than proceedings all related law enforcement agencies for before a Syariah court, a native court or criminal cases; a court-martial. To represent the Government in civil 3a. The Attorney General shall have cases; power, exercisable at his discretion, To revise and reprint the laws of Malaysia to institute, conduct or discontinue and to undertake law reform in identifi ed any proceedings for an off ence, areas. other than proceedings before a

ASEAN Government Law Directory 60 Syariah court, a native court or a This is provided under Section 40A of the court-martial. Eleventh Schedule to the Federal Constitution.

4. In the performance of his duties the Under subsection 376(2) of the Criminal MALAYSIA Attorney General shall have the right of Procedure Code, the Solicitor General shall audience in, and shall take precedence have all powers of a Deputy Public Prosecutor over any other person appearing before, and shall act as a Public Prosecutor in the any court or tribunal in the Federation. absence or inability of the Attorney General to 5. Subject to Clause (6), the Attorney act. General shall hold offi ce during the pleasure of the Yang di-Pertuan Agong The Solicitor General is also responsible for (King) and may at any time resign his civil matters, interviews, intakes, transfers, offi ce and, unless he is a member of the postings and promotions of offi cers and any Cabinet, shall receive such remuneration other duties directed by the Attorney General. as the Yang di-Pertuan Agong (King) The Solicitor General II, Datuk Mohd Yusof bin may determine. Hj. Zainal Abiden is responsible for matters 6. The person holding the offi ce of related to drafting of legislations, law reform Attorney General immediately prior to and revision matters, responsible in overseeing the coming into operation of this Article and supervising the State Legal Offi cers and all shall continue to hold the offi ce on administration matters other than fi nance and terms and conditions not less favorable budget, interviews, intakes, transfers, postings than those applicable to him and promotions of offi cers and any other immediately before such coming into duties directed by the Attorney General. operation and shall not be removed from offi ce except on the like grounds The Prosecution Division and in the like manner as a judge of the Head of Prosecution Division: Federal Court. Datuk Tun Abd Majid bin Tun Hamzah

The Solicitor General of Malaysia Objectives: There are two (2) Solicitors General in the To give advice and instructions to all related Attorney General’s Chambers. law enforcement agencies and to conduct prosecutions in accordance with criminals The Solicitor General, Datuk Idrus bin Harun procedures with the objective of protecting assists the Attorney General and is by law public interest by ensuring that criminals are empowered to perform any of the functions punished in accordance with law. that can be performed by the Attorney General.

ASEAN Government Law Directory 61 The core functions are as follows: treaties and conventions which have To exercise the powers of the Attorney been signed, agreed upon, ratifi ed, General as the Public Prosecutor in acceded to or participated in by the accordance with section 376 of the Government of Malaysia are carried out Criminal Procedure Code [Act 593]; in accordance with constitutional To conduct prosecutions in the Session provisions and its domestic laws, Courts and Magistrate Courts; regulations and policies; To conduct criminal trials, appeals, applications and revisions in the High The core functions are as follows: Court; Providing legal advice to the To conduct appeals and applications in Government of Malaysia and its agencies the Court of Appeal and the Federal on all aspects relating to international Court; law and Malaysia’s existing international To give advice and instructions to all obligations; enforcement agencies in relation to Representing the Attorney General’s investigations and criminal prosecutions; Chambers and the Government of To peruse investigation papers and to Malaysia in the international fora with a decide whether to institute prosecutions view to protect the interest of Malaysia or otherwise. internationally; Carrying out harmonization of Malaysia’s International Aff airs Division domestic laws based on Malaysia’s Head of International Aff airs Division: existing obligations under international Datuk Azailiza binti Mohd Ahad law; Providing legal advice to Government Objectives: Ministries and agencies on To protect and safeguard Malaysia’s implementation of various international rights and interests in the international instruments to which Malaysia has arena; become a party to; To give legal advice and views to the Assisting in the drafting of relevant laws Government of Malaysia in accordance of various legal instruments relevant to with international law and principles Malaysia’s obligations under taking into account domestic laws, international treaties; national policies and public interest; Undertaking relevant research as to To ensure that Malaysia’s international matters pertaining to international law. obligations under any agreements,

ASEAN Government Law Directory 62 Drafting Division Assist Federal Ministries and other Drafting Parliamentary Draftsman: Federal Agencies to table bills in

Dato’ Engku Nor Faizah binti Engku Atek Parliament; MALAYSIA Prepare signature copy for royal assent Objectives: and executive summary for signature To ensure that the drafting of principal copy; legislation and subsidiary legislation is Prepare principal legislation and conducted in an effi cient, fair and just subsidiary legislation to be published in manner and meets the need of the the Government Gazette; client; Translate contracts, domestic and To ensure that the principal legislation international agreements, forms and and subsidiary legislation drafted are other legal documents from the English consistent with the Federal Constitution language to the national language and and the laws and international vice versa. obligations and are in accordance with legislative drafting forms; Advisory Division To ensure that the principal legislation Head of Division : and subsidiary legislation are published Dato’ Khadijah binti Idris in the Government Gazette in accordance with the clients’ instructions; Objectives: To ensure that the translation of legal To provide quality and professional legal documents from the English language advice in accordance with the Federal to the national language and vice versa Constitution and the laws of Malaysia to the are accurate and in accordance with Government within the stipulated time. linguistic norms. The core functions are as follows: The core functions are as follows: This Division is divided into two separate Draft and vet principal legislation and divisions namely the Advisory Division and the subsidiary legislation in the national International Aff airs Division. language and English language; Give opinion on the drafting of principal Municipal Section legislation and subsidiary legislation; Provide legal advice on all areas of law, Prepare bills in the national language other than international laws and Islamic and English language to be tabled in laws, in respect of matters referred to it Parliament; by the Government;

ASEAN Government Law Directory 63 Assist in the interpretation of laws as referred to it by the Government; and when required by the Government; Provide comments from the perspective Draft or vet legal documents such as of Islamic law on legal documents such legal notices, agreements and memo- as conventions, muamalat contracts and randum of understanding to which the proposed legislation referred to it by the Government is a party to ensure that the Government; interest of the Government is protected; Conduct studies on Federal laws to Conduct research or studies on legal determine whether the implementation matters as and when required by the of the laws would be in confl ict with Government; Islamic laws and to propose any Provide advice on matters in which the amendment or reform, if necessary, to Government intends to regulate and the laws to bring it in line with Islamic prepare draft bills on such matters, if laws; any, to refl ect the policy decisions as Provide assistance in legal research on may be made by the Government and Islamic laws, to the Civil and Prosecution submit the draft bills to the Parliamentary Divisions of the Attorney Generals Draftsman for approval; Chambers (including the Syarie Participate in contract negotiations in Prose-cutors in the States); respect of Government projects in Attend meetings upon the invitation of particular privatization and ICT projects; the Government agencies, and to Attend meetings upon the invitation of provide legal advice from the Islamic Government agencies, and to provide laws perspective to the Government legal advice on matters discussed to agencies; ensure that any policy decision made by Participate in knowledge sharing or training the Government is in accordance with sessions on Islamic laws by providing legal the law; expertise, to both the Government and non Participate in knowledge sharing or government agencies. training sessions in legal matters by providing legal expertise, to both the Appellate and Trial Division Government and non government Head of Division: agencies. Dato’ Kamaludin bin Md. Said

Syariah Section Objectives: Provide legal advice from the perspective To protect public interest through the of Islamic law in respect of matters delivery of the highest standards of

ASEAN Government Law Directory 64 advocacy in the conduct of trials before Government Of Malaysia; the High Courts and appeals before the To provide legal opinion on matters of

Court of Appeal and Federal Court; confl ict arising from the Federal and MALAYSIA To adhere to the due process of law in State Constitutions; accordance with the Federal Constitution To provide legal opinion on the conduct and the laws of Malaysia. of elections; To prepare and deliver the written The core functions are as follows: opinion of the Attorney-General to the Conducting trials and appeals of all Pardons Board constituted under the public interest, high profi le, complex Federal Constitution for the Federal and sensitive cases and all other matters Territories of Kuala Lumpur, Labuan and as may be assigned by the Head of Putrajaya and the respective Pardons Department; Board constituted for each State; Providing legal advice to law enforcement To establish a database constituting agencies on all aspects to ensure the adequate legal materials e.g. of opinions regarding preparation of cases for trial and appeals. Constitutional matters prepared by the Attorney Generals Chambers; Research Division To facilitate legal knowledge management; Head of Division: To plan, implement, monitor and Vacant improve certain Attorney Generals Chambers training programs including Objectives: training program for newly appointed To undertake a comprehensive, quality legal offi cers. and professional research; To provide a quality, accurate and Civil Division precise legal advice on Constitutional Head of Division : issues; Datin Azizah binti Nawawi To give eff ective public relations service. Objectives: The core functions are as follows: To protect the interests of the Gover- To provide research services to the AGC nment of Malaysia in all civil actions; and the Government of Malaysia in To protect the public interest; accordance with domestic and To ensure the appointments of com- international laws and also taking into petent notaries public; consideration the policies of the To ensure that the quality of advocates

ASEAN Government Law Directory 65 and solicitors accords with established The core functions are as follows: standards; Reprint laws in both the national and To protect the interests of benefi ciaries English language; of public, religious, social or charitable Publish revised texts of laws; trusts. Extend laws of Peninsular Malaysia to Sabah and Sarawak and the Federal The core functions are as follows : Territories; Represent the Government of Malaysia Translate English texts of pre-1967 laws in all civil proceedings; to the national language; Represent the Attorney General in Review archaic and obsolete laws; matters of public interest; Modernize laws to be in tandem with Process applications for appointments the changing needs of society. as notaries public pursuant to Notaries Public Act 1959 (Revised 1973); Management Division Represent the Attorney General in Head of Management Division : petitions for admission as advocate and Puan Norsham binti Rahin solicitor under the Legal Profession Act 1976; Objectives: Process applications for Special To ensure the Management Division is provides Admission Certifi cates and Certifi cates the highest quality and most effi cient support of Renewal under Part II A of the Legal services in terms of General Administration, Profession Act 1976; Human Resource Management, Financial Represent the Attorney General in cases Management, Resource Centre and ICT concerning public, religious, social or Management to other Divisions in accordance charitable purposes. with rules and procedures that are in force.

Law Revision and Law Reform Division The core functions are as follows : Commissioner of Law Revision and Law To provide support services to the Department Reform: in General Administration, Human Resource Dato’ Ilani Mohamad Ibrahim Management, Financial Management, Resource Centre and ICT Management matters; Objectives: Acting as Secretariat for Judicial and To ensure every Malaysia law is up to date, Legal Scheme, Financial and Account accurate and in tandem with current needs. Management Committee, Governance Committee, Management Integrity

ASEAN Government Law Directory 66 Committee, Government Asset Palace of Justice, Management Committee, Revision and Presint 3

Monitoring Allocation Expenditure 62506 Putrajaya MALAYSIA Committee, Training Committee, Search Tel: +60388803566 Committee, Joint Departmental Councils, Fax: +60388803596 ICT Steering Committee, Portal Email: [email protected] Management Committee, Human Resource Development Panel, Chief Judge of the High Court in Malaya: Disciplinary Board, Promotional Board, Honorable Tan Sri Zulkefl i Ahmad Makinudin and other Committees at Departmental Level; Federal Court of Malaysia Execute Service Circulars and Gover- Palace of Justice, nment Orders. Presint 3 62506 Putrajaya 2- THE JUDICIARY Tel: +603 88803552 Fax: +603 88803556 Chief Justice Of The Federal Court Malaysia: Email: [email protected] Honorable Tan Sri Arifi n bin Zakaria Chief Justice’s Chambers Chief Judge of the High Court of Sabah & Sarawak: Federal Court of Malaysia Honorable Tan Sri Richard Malanjum Palace of Justice, Chief Judge’s Chambers Precinct 3 62506 Putrajaya High Court, Tel: +603 8880 3502 Jalan Gersik, Fax: +603 8880 3507 93050 Petra Jaya, Email : [email protected] Kuching, Sarawak Tel: 082-442 228/449 782/446 830 Alamat email ini dilindungi dari Spambot. Fax: 082-311 575 Perlukan JavaScript untuk melihatnya Chief Registrar for Federal Court of President of the Court of Appeal: Malaysia:

Honorable Tan Sri Md Raus Sharif Honorable Dato’ Hashim Bin Federal Court of Malaysia Hamzah

ASEAN Government Law Directory 67 Federal Court of Malaysia effi ciently, accurately and eff ectively to those Level 3, Presint 3,\ who are qualifi ed. Palace of Justice, 62506 Putrajaya The core functions are as follows: Tel: +603 8880 3782 Legal Aid Department was established in Fax: +603 8880 3886 September 1970 and its primary objective is to Email: [email protected] provide legal aid and advisory service to persons of limited means. The functions of the Objectives: Legal Aid Department are as follows: Ensure support services are effi cient and To give legal advice on all legal matters eff ective legislation to enable the court (Fourth Schedule); to resolve cases swiftly and smoothly; To represent or provide legal assistance Ensure that courts have the human in proceedings in all courts in Malaysia resources, fi nance, physical facilities, within the jurisdiction as provided in the information technology equipment and Second Schedule (criminal jurisdiction) services are adequate and appropriate and the Third Schedule (civil jurisdiction) for perform its functions and duties. Legal Aid Act 1971; To provide mediation services; THE LEGAL AID DEPARTMENT To promote legal awareness members of the public on their rights under the Director General: law. Puan Siti Zawahir binti Mohamed LEGAL AID DEPARTMENT THE MALAYSIAN DEPARTMENT Prime Minister’s Department OF INSOLVENCY Level 1, Legal Aff airs Building, Precint 3, Federal Government Director General of Insolvency: Administrative Centre, Datuk Abdul Karim bin Abdul Jalil 62692 Putrajaya Malaysia Department of Insolvency Telephone: 03-88851396 Level 2-3, Legal Aff airs Building, Facsimile: 03-88851829/1830/1831 Precint 3, Federal Government Email: [email protected] Administrative Centre, 62692 WP Putrajaya Objective: Tel: 03-88851250 To provide legal aid and advice, and mediation Fax: 03-8885 1303 services and to promote legal awareness Email: [email protected]

ASEAN Government Law Directory 68 Objectives: Act 1965; Aims to protect the integrity of the insolvency To be the reference for the Government system and committed in providing excellent of Malaysia and its departments on any MALAYSIA services to clients in parallel with our core legal issues related to bankruptcy, values. companies winding-up, deregistered societies and trade unions; The core functions are as follows: To represent the Government of To administer the aff airs of debtors and Malaysia, its departments, bankrupts, bankrupts pursuant to Bankruptcy Act and wound-up companies in all civil 1967 and Bankruptcy Rules 1969; proceedings in court; To act as Provisional Liquidator or To provide search services on individual appointed Liquidator for companies bankruptcy status and companies status; that has been wound up pursuant to the To manage and supervise the Companies Act 1965 and Companies admini-stration of the headquarters and Rules (Winding-up) 1972; all state and branch offi ces of the To administer the aff airs of societies that Department of Insolvency throughout has been deregistered pursuant to the Malaysia. Societies Act 1966 and Societies Rules 1984; THE COMPANIES COMMISSION: To administer the aff airs of trade unions that has been deregistered pursuant to Chief Executive Offi cer : the Trade Unions Act 1959 and Trade Dato’ Azmi bin Ariffi n Unions Rules 1959; Menara SSM@Sentral To conduct investigation and No 7, Jalan Stesen Sentral 5 enforcement of relevant laws in relation Kuala Lumpur Sentral to any off ences allegedly done by 50623 Kuala Lumpur. bankrupts pursuant to the Bankruptcy Tel : 03-2299 4400 Act 1967, company directors pursuant Fax : 03-2299 4411 to the Companies Act 1965, the Societies Hotline : 03-22995500 Act 1984, the Trade Unions Act 1959 and E-mail : [email protected] any laws in relation to bankruptcy and winding-up; Objectives: To conduct prosecution of all criminal Promoting and driving good governance and quasi-criminal cases pursuant to the to enhance conducive business Bankruptcy Act 1967 and the Companies environment;

ASEAN Government Law Directory 69 Delivering innovative products and companies, businesses, industry groups services to meet stakeholder needs; and professional bodies in the corporate Providing superior service delivery sector in order to ensure that all through operational excellence; corporate and business activities are Generating synergies through strategic conducted in accordance with collaborations; established norms of good corporate governance; Evolving to a knowledge driven organization To enhance and promote the supply of to develop competitive corporate information under any of the intelligence; laws administrated, and create and Driving high performance culture develop a facility whereby any corporate through capacity and capability information received by the Companies building; Commission may be analyzed and supplied to the public; Optimizing ICT to enhance effi ciency, eff ectiveness and enterprise agility. To carry out research and commission studies on any matter relating to corporate and The core functions are as follows: business activities; To ensure that the provisions of the To advise the Minister generally on matters Companies Commission of Malaysia Act relating to corporate and business activities and laws are administered, enforced, in relation to the laws administered; given eff ect to, carried out and complied with; To carry out all such activities and do all such To act as agent of the Government and things as are necessary or advantageous and provide services in administering, proper for the administration of the Companies collecting and enforcing payment of Commission or for such other purpose as may prescribed fees or any other charges be directed by the Minister. under the laws administered; To regulate matters relating to THE JUDICIAL AND LEGAL TRAINING corporations, companies and businesses INSTITUTE in relation to laws administrated; To encourage and promote proper Director General : conduct amongst directors, secretaries, Madam Azian Binti Mohd Aziz managers and other offi cers of a Lot 5, Persiaran Universiti, Seksyen 15, corporation, self-regulated corporations, 43650 Bandar Baru Bangi,

ASEAN Government Law Directory 70 Selangor Darul Ehsan THE KUALA LUMPUR REGIONAL Tel: 03-89243400 CENTRE FOR ARBITRATION

Fax: 03-89261231 MALAYSIA Email: [email protected] Director: Mr. Sundra Rajoo Objective: Kuala Lumpur Regional Centre for To enhance the knowledge, expertise and Arbitration quality of offi cers in public service, statutory No. 12, Jalan Conlay bodies and local authorities who are engaged 50450 Kuala Lumpur, Malaysia in judicial, legal and law enforcement duties in Tel: +603 – 2142 0103 order that a service that is fair, effi cient and Fax: +603 – 2142 4513 eff ective through systematic and planned training is established The core functions are as follows: To promote international commercial The core function are as follows: arbitration in the Asia-Pacifi c region; Plan and conduct training programmes, To co-ordinate and assist the activities of colloquiums, seminars and workshops; existing arbitral institutions in the Asia- To conduct relevant surveys on training Pacifi c region; needs and impact analysis on organizations and offi cers in the public service, statutory To render assistance in the conduct of ad hoc bodies and local authorities engaged in arbitrations, particularly judicial, legal and law enforcement duties; those held under the UNCITRAL Rules; To undertake studies on current To assist in the enforcement of arbitral developments in judicial, legal and law awards; enforcement areas with a view towards To provide for arbitration under the publication; auspices of KLRCA; To organize general administrative, To carry out the functions envisaged in the personnel and fi nancial matters; agreement with the International Centre To develop a resource and information for the Settlement of Investment Disputes centre aimed at providing eff ective (ICSID); support to the smooth implementation of To provide alternative options for the ILKAP’s training and research programmes. settlement of disputes such as mediation/ conciliation under the Conciliation Rules of the KLRCA; To administer international and domestic

ASEAN Government Law Directory 71 .my domain name disputes under MYDRP Rules and Policy and the Supplemental Rules of KLRCA; To administer generic top level domain name disputes under an MOU signed with the Asian Domain Name Dispute Resolution Centre (ADNDRC) and Hong Kong International Arbitration Centre (HKIAC);

To appoint arbitrators for disputing parties, as and when requested, under the Rules for Arbitration of KLRCA and the Malaysian Arbitration Act, 2005.

ASEAN Government Law Directory 72 MYANMAR MYANMAR Restoration Council emerged to take the responsibilities of the State, it promulgated UNIONATTORNEY GENERAL’S OFFICE the Attorney General Law on 26 September, 1988. An Attorney-General and a Deputy Address : Building 25, NAYPYITAW, Attorney-General were appointed under the Republic of the Union of Myanmar said Law. The appointing authority of the Fax : 95-67-404099, 95-67-404106 Attorney-General and the Deputy Attorney- Tel : 95-67-404051, 95-67, 404097, General was the State Law and Order 95-67-404170, 95-67-404107 Restoration Council. The State Law and Order e-mail : [email protected] Restoration Council also appointed the Director-General. The Attorney General Law, The Union Attorney General’s Offi ce of the 1988 continued to exist until 27 February 2001 Republic of the Union of Myanmar plays a vital when the Attorney General Law, 2001 was role in running the machinery of justice in the enacted. Republic of the Union of Myanmar. Its role not only has deep historical roots but is a strong The Attorney- General, three Deputy Attorneys- and substantial machine its role is geared to General and Director-General have been stand as a pillar of justice in the country. The appointed by the State Peace and Development history of the formation of the Attorney Council under the Attorney General Law, 2001. General Offi ce is that under section 12 of the Government of Myanmar (the then Burma) Act At present, the Constitution of the Republic of 1935, one Advocate-General was appointed to the Union of Myanmar has been adopted by act for and on behalf of the Government in the Referendum on 29th May, 2008. The both criminal and civil cases. Attorney General of the Union Law was promulgated in accord with section 443 of the In 1948, when Myanmar regained her Constitution of the Republic of the Union of Independence, the Attorney General’s Offi ce Myanmar on 28th October, 2010. was constituted under the 1948 Myanmar Attorney General Act where an Attorney- It has seven chapters, namely, Title, General, an Assistant Attorney-General, Enforcement and Defi nition, Formation of the Government Advocate and legal draftsmen Union Attorney General’s Offi ce and various were appointed. levels of Law Offi ces, Appointment of the Attorney General of the Union and the Deputy Legal history continued with the times. In Attorney General, Advocate General of the 1988, when the State Law and Order Region or State, Functions and Duties of Law

ASEAN Government Law Directory 74 Offi cers and Miscellaneous. Under this Law, Attorney General of the Union. the Attorney General of the Union and Deputy

Attorney General shall be appointed. The Union Attorney General’s Offi ce MALAYSIA Attorney General of the Union is a member of the Union Government and is responsible to The Head of the Union Attorney General’s the President of the Union. The Term of the Offi ce is the Director-General and is also the Attorney General of the Union and the Deputy Head of Service Personnel appointed by the Attorney General is fi ve years. It is the same as Union Government. There are four specifi c that of President. departments which are formed under the direct control of the Union Attorney General’s It is promulgated that the Chief Minister of the Offi ce. Besides controlling these four Region or State has the power to appoint and departments, the Union Attorney General’s assign duty to the Advocate General of the Offi ce, supervises all legal and administration Region or State in order to obtain legal advice matters of all Law Offi ces in the entire Myanmar, and assign duties on legal matters under acts as the Head Offi ce. section 266 of the Constitution of the Republic of the Union of Myanmar. Therefore, the Legislative Drafting and Vetting provisions in respect of the appointment of Department relevant Advocate General of the Region or State are stated in section 22 of the Attorney The Union Attorney General, under sub- General of the Union Law. It is the distinctive section (j) of section 12 of the Attorney General provision and not the same as the previous of the Union Law, has the duty to translate Attorney General Laws. laws and under sub-section (q) of section 12 of the Law, has to carry out other duties assigned According to section 296 of the Constitution of by the Union of Government. the Republic of the Union of Myanmar, the Supreme Court of the Union has the power to In so performing the responsibilities of the issue Writ of Habeas Corpus, Writ of Mandamus, Union Attorney General under the Attorney Writ of Prohibition, Writ of Quo Warranto and General of the Union Law, this Department Writ of Certiorari. It is provided in sub-section carries out vetting and advising the draft laws (e) of section 12 of the Attorney General of the initially drafted and sent by the relevant Union Law that in so applying to issue writs, Ministry and vetting the draft laws sent by the the Attorney General of the Union has relevant Ministry to amend, add and substitute responsibility to appear on behalf of the Union. in respect of any existing law under the This duty can be called the unusual duty of the guidance of Union Attorney General. Similarly,

ASEAN Government Law Directory 75 the draft of rules, procedures, notifi cations, under sub-section (m) of section 12 are to be orders and directives are vetted and advised. carried out. The powers of the Union Attorney Translating laws is also carried out by this General are calling for necessary orders, Department. decisions, directives, activities, proceedings and other documents from the relevant Union Legal Advice Department level organizations if it is necessary to scrutinize relating to the legal matters under sub-section The President appointed the Union Attorney (e) of section 13, guiding and supervising the General under sub-section (a) of section 237 of relevant Advocate General of the Region or the Constitution of the Republic of the Union State, relating to the performances of the of Myanmar in order to obtain legal advice and various levels of Law Offi ces in the Region or assign duties on legal matters. In accordance State as may be necessary under sub-section with sub-section (f) of section 240 of the (f) of section 13. Constitution and sub-section (c) of section 12 of the Attorney General of the Union Law, the In order to implement the said duties and Union Attorney General has the duty to tender powers of the Union Attorney General, this legal advice when so requested by the Legal Advice Department is formed with three President of the Union, the Speaker of the Divisions. They are International Law and PyidaungsuHluttaw, the Speaker of the ASEAN Legal Aff airs Division, Commercial PyithuHluttaw or the Speaker of the Contracts Division and General Legal Advice AmyothaHluttaw, any organization of the Division. Pyidaungsu level, any Ministry of the Union or Nay Pyi Taw Council. Tendering legal advice to Prosecution Department the Union Level organizations on matters relating to international, regional or bilateral This department is an oldest department in or multilateral treaties under sub-section (k) of the Offi ce of the Attorney General. Since the section 12, tendering legal advice to the Union formation of the Offi ce, this Department is level organizations on matters relating to responsible for prosecution on behalf of the memorandums of understanding, State and to appeal in both criminal and civil memorandums of agreement, local and cases for and on behalf of the Government. foreign investment instruments and other The duties and powers of the Attorney General instruments under sub-section (1) of section are also included in the Attorney General of 12, tendering legal advice when so requested the Union Law as those were included in by the Advocate-General of the Region or former Attorney General Laws. Thus it is found, State on matter relating to legal problem in sub-section (d) of section 12 of the Attorney

ASEAN Government Law Directory 76 General of the Union Law, “appearing on behalf this duties and powers, has formed the Union of the State in original, appeal, revision and Attorney General’s Offi ce, Offi ces of the special appeal cases relating to the Union Advocate General of the Region or State, Self- MALAYSIA under the jurisdiction of the Supreme Court of Administered Division Law Offi ce, Self- the Union”, in sub-section (e) of section 12, Administered Zone Law Offi ce, District Law “appearing on behalf of the State in Offi ces, other Law Offi ces established by law applications to issue writs to the Supreme under section 3 of the Attorney General of the Court of the Union”, in sub-section (f) of section Union Law. In delegation his duties, the Union 12, “prosecuting criminal cases at the Court in Attorney General delegated the Law Offi cers accord with law”, in sub-section (g) of section to appear in criminal and civil cases under sub- 12, “appearing in criminal cases on behalf of sections (d) and (e) of section 36 and to carry the Union”, in sub-section (h) of section 12, out other criminal and legal matters under “appearing on behalf of the Union in original sub-sections (f), (g), (i), (j) and (k) of section 36. civil case, civil appeal case, civil revision case and special civil appeal case in which the Under sub-section (l) of section 36, Law Offi cers Union is involved as the plaintiff or defendant”, are responsible for hiring a lawyer to appear in sub-section (i) of section 12, “fi ling appeal or for the accused in poverty who is accused of a revision, if it is necessary to fi le appeal or criminal off ence punishable with death. Law revision to the Supreme Court of the Union on Offi cers carry out supervising the practicing judgment, order or decision passed by any lawyer hired by the complainant in accordance High Court of the Region or State, in cases with the stipulations in criminal cases in which relating to the Union”, in sub-section (b) of the Law Offi cer appears under sub-section (m) section 13, “carrying out in accord with law if it of section 36, fi ling revision under sub-section is necessary to withdraw the entire case, any (n) of section 36 and submitting in accord with charge or any accused in a criminal case fi led the stipulations if it is considered that an at the Court,” in sub-section (c) of section 13, appeal should be fi led against the acquittal “making decision to close the criminal case order passed by the Court under sub-section that cannot be prosecuted at the Court,” in (o) of section 36. sub-section (d) of section 13, “fi ling appeal against acquittal order to the Supreme Court Administration Department of the Union if it is considered appropriate to fi le appeal against an acquittal order passed It can be seen from the above discussion that by any High Court”. the machinery of the Union Attorney General’s Offi ce is a very huge one that requires eff ective The Union Attorney General, in carrying out management. As a result of this huge set-up,

ASEAN Government Law Directory 77 the Union Attorney General’s Offi ce forms and implement in practice through the carries out the Administration Department. implementation of the law by various Departments under the Union Attorney Under the Administration Department, Civil General’s Offi ce. Service Personnel Aff airs and Inspection Division, Training and Information Technology Division, Budget and Accounts Division and Research and Logistics Division were formed and carried out.

These Divisions carry out the functions relating to civil service personnel aff airs, inspection, budget and accounts, logistics and building, training, legal research, compiling and publishing law books and information technology. Staff Offi ce is also formed in the Union Attorney General’s Offi ce.

Conclusion

History is indeed a subject that is fi lled with ideas and expectations for the future. If one looks at the legal history of the Attorney General of the Union Law, one can see that this Law is the product and result of various turns and experience of legal history of the offi ce.

The Attorney General of the Union Law has been tailored systematically; methodically and effi ciently to meet the demands of the modern Attorney General’s Offi ce. It was promulgated to refl ect that the best legal machinery be put into practice so as to tender legal advice and run the machinery of justice smoothly. One can see that it is not the law in name but

ASEAN Government Law Directory 78 PHILIPPINES PHILIPPINES naturalization regulatory services and implement the laws governing DEPARTMENT OF JUSTICE citizenship and admission and stay of aliens; Padre Faura St., Ermita, Manila 1000 To provide legal services to the national Trunkline: (+632) 523-8481 to 98 government and its functionaries, Fax: (+632) 525-2218 including government-owned or Website: www.doj.gov.ph controlled corporations and their subsidiaries; and The Department of Justice (DOJ) is the To perform such other functions as may principal law agency of the government of the be provided by law. Philippines which is both its legal counsel and prosecutorial arm. It administers the criminal The Department pursues its mandate through justice system consisting of the investigation the Offi ce of the Secretary and the bureaus, of crimes, prosecution of off enders and agencies and offi ces attached to it. The Offi ce administration of the correctional system. of the Secretary is composed of the Secretary of Justice, three (3) Undersecretaries, two (2) The Department also implements the laws on Assistant Secretaries - one for Financial Service the admission and stay of aliens, citizenship, and the other for Administration, the Chief and provides free legal services to indigent State Counsel, Prosecutor General, and other members of the society. offi cials.

Powers and Functions The Secretary of Justice provides overall To act as principal law agency of the management and direction of the Department, government and as legal counsel and including its attached bureaus, agencies and representative thereof, whenever offi ces. The Secretary of Justice acts as the required; Attorney General of the Philippines and ex- To investigate the commission of crimes, offi cio legal adviser of all government-owned prosecute off enders and administer the and -controlled corporations. probation and correction systems; To extend free legal assistance/ DEPARTMENT PROPER representation to indigents and poor litigants in criminal cases and non- Offi ce of the Chief State Counsel commercial/ civil disputes; (Legal Staff ) To provide immigration and

ASEAN Government Law Directory 80 3rd Floor, DOJ Main Bldg. partners; Padre Faura St., 1000 Manila To prepare for and on behalf of the

Tel: (+632) 523-1505 Secretary of Justice, replies and/or legal PHILIPPINES (+632) 523-8481 to 98 loc. 316, 341 advice at the instance of private parties Fax: (+632) 525-2218 and/or local government offi cials or Website: www.doj.gov.ph employees and conduct legal studies as well as working drafts for ad hoc bodies, Functions committees or task forces seating as To prepare opinions, memoranda, members or representatives of the comments, legal studies on diffi cult Secretary or of the Department; questions of law upon the request of To assist the Secretary of Justice in national government functionaries, the performance of her duties as including the Offi ce of the President, Attorney-General of the Philippines, various legislative committees, as well as ex-offi cio legal adviser of as senior offi cials of the Department of government-owned or controlled Justice; corporations or enterprises and their To prepare decisions, orders, resolutions subsidiaries; in aid of the Secretary of Justice’s exercise To maintain and supervise the operation of adjudicatory power or jurisdiction of the Department Law Library as well as or appellate or revisory authority its personnel; concerning controversies between To participate in inter-agency committee or among government agencies; meetings, particularly those being constitutionality/legality of municipal conducted by the various tax ordinances; grant of special non- offi ces of the Executive Arm, such as the immigrant visas and exemption from Department of Foreign Aff airs (DFA), the the Anti-Dummy Law; issuance or Department of Trade and Industry (DTI), lifting of hold departure orders (HDO) the Board of Investments (BOI) and the or watchlist orders (WLO); citizenship Board of International Trade Relations cases transmitted by the Bureau of (BITR), particularly those involving the Immigration to the Department for negotiations of free trade agreements review, and applications for recognition (FTAs); of refugee status; as well as requests To take charge in the negotiations for extradition, mutual legal assistance abroad, both economic, political, social in criminal matters and transfer of and security matters; and sentenced persons to or from treaty To perform such other functions as

ASEAN Government Law Directory 81 are now or may hereafter be provided justice, all when so directed by the by law or assigned by the Secretary of Secretary of Justice as public interest Justice. may require; Act as counsel for the People of the The Offi ce of the Prosecutor General Philippines in any case involving or (Prosecution Staff ) arising from a criminal complaint investigated by any of its prosecutors DOJ Annex Bldg., Padre Faura and pending before any trial court; St., 1000 Manila Investigate administrative charges against Tel: (+632) 523-8481 loc. 219, 281 prosecutors, other prosecution offi cers Telefax: (+632) 525-0952 and members of their support staff ; Email: [email protected] Prepare legal opinions on queries Website: www.doj.gov.ph involving violations of the Revised Penal Code and special penal laws; and Mandate Monitor all criminal cases fi led with the Offi ce of the Prosecutor General; To assist the Secretary of Justice in the maintain an updated record of the performance of the powers and functions status of each case, and adopt such of the Department relative to its role as the systems and procedures as will expedite prosecution arm of the government. the monitoring and disposition of cases Perform such other functions as may Functions be provided by law or assigned by the Secretary. The Prosecution Staff , headed by the Prosecutor General, has the following Board of Pardons and Parole functions: DOJ Agencies Building, Assist the Secretary of Justice in the NIA Road cor. East Avenue, exercise of his/her appellate jurisdiction; Diliman, 1101 Quezon City Conduct the preliminary investigation Tel: (+632) 927-2688 and prosecution of criminal cases Fax: (+632) 927-2739 involving national security, those for Website: www.doj.gov.ph which task forces have been created and criminal cases whose venues are transferred to avoid miscarriage of

ASEAN Government Law Directory 82 Mandate than those entitled to parole.

To uplift and redeem valuable human material A majority of the members of the Board, PHILIPPINES to economic usefulness and to prevent constituting a quorum, shall be necessary to unnecessary and excessive deprivation of recommend: personal liberty by way of parole or through The grant of executive clemency or to executive clemency. grant parole; To modify any of the terms and Organizational Structure conditions appearing in a Release Document; The Board of Pardons and Parole (BPP) is To order the arrest and recommitment composed of the Secretary of Justice, or his of a parolee/pardonee; and representative, and six (6) members consisting To issue certifi cate of Final Release and of: (1) the Administrator of the Parole and Discharge to a parolee/pardonee. Probation Administration as ex-offi cio The Board may recommend the grant member; (2) a sociologist; (3) a clergyman; of executive clemency or grant parole (4) an educator; (5) a person with training to a prisoner who is an alien. In such and experience in correction work, and (6) a a case, the alien who is released on member of the Philippine Bar. parole or pardon shall be referred to the Bureau of Immigration for disposition, Functions documentation and appropriate action. To look into the physical, mental and moral records of prisoners who ATTACHED AGENCIES are eligible for parole or any form of executive clemency and determines the BUREAU OF IMMIGRATION proper time of release of such prisoners on parole; Magallanes Drive, Intramuros, Manila To assist in the full rehabilitation of Tel: (+632) 527-3248 individuals on parole or those under Website: www.immigration.gov.ph conditional pardon with parole conditions, by way of parole supervision; Mandate and To recommend to the President of the To administer and enforce immigration, Philippines the grant of any form of citizenship and alien admission and registration executive clemency to prisoners other laws in accordance with the provisions of the

ASEAN Government Law Directory 83 Philippine Immigration Act of 1940, as amended supervises, directs and coordinates the overall (C.A. No. 613, as amended). operations of the Bureau of Immigration.

Organizational Structure (2) Board of Commissioners; and

The Bureau of Immigration (BI) is composed The Board of Commissioners is a quasi-judicial of the following units: body, composed of the Commissioner of Immigration and two deputy commissioners. It (1) Offi ce of the Commissioner and has exclusive jurisdiction over all deportation Associate Commissioners cases, and appellate jurisdiction over decisions of the Board of Special Inquiry. It also decides The Offi ce of the Commissioner consists applications for pre-arranged employment, of the Commissioner of Immigration, two and requests of aliens deported as indigents Associate Commissioners; and the personnel to return to the Philippines. in their immediate offi ces. It is responsible for the implementation of all laws, rules and (3) Board of Special Inquiry. regulations promulgated to carry out the policies and objectives of the Commission, and The Board of Special Inquiry is also a quasi- for exercising general supervision and control judicial body. In addition to resolving admission over the staff services and operating branches cases, it assists the Board of Commissioners and units of the Commission. in evaluating deportation cases. It also investigates claims to Philippine citizenship The Commissioner of Immigration is in-charge and submits its fi ndings and recommendations of the administration of all laws relating to to the Board of Commissioners. the immigration of aliens into the Philippines and has immediate control, direction and General Functions supervision of all offi cers, clerks and employees To act as the primary enforcement arm of the Bureau of Immigration. He has the of the Department of Justice and the power to issue, subject to the approval of the President of the Philippines in ensuring Department Head, such rules and regulations that all foreigners within its territorial and prescribe such forms of bond, reports and jurisdiction comply with existing laws; other papers, and to issue from time to time To assist local and international law such instructions, not inconsistent with law, enforcement agencies in securing the as he shall deem best calculated to carry out tranquility of the state against foreigners the provisions of the immigration laws. He whose presence or stay may be deemed

ASEAN Government Law Directory 84 threats to national security, public safety, To monitor and execute the public morals and public health; and implementation of the Bureau of

To act as chief repository of all Immigration Alert Lists (Watchlist, PHILIPPINES immigration records pertaining to Blacklist, Hold Departure Orders); entry, temporary sojourn, admission, To cancel immigration documents residence and departure of all foreigners upon violation of immigration laws and in the country. procedures; To investigate, arrest, and detain Specifi c Functions foreigners in violation of immigration To regulate the entry (arrival), stay regulation and other Philippine laws; (sojourn), and exit (departure) of foreign To accredit schools and learning nationals in the country. Monitors the institutions that can offi cially accept and entry and exit of Filipino citizens, in enroll foreign students; compliance with Philippine laws and To accredit law fi rms, liaison offi cers, other legal procedures; travel agencies, and other individuals To issue immigration documents and and organizations transacting with the identifi cation certifi cations on the Bureau of Immigration. following visa categories: (1) Non- immigrant Visas; (2) Immigrant Visas and NATIONAL BUREAU OF INVESTIGATION (3)Special Immigrant Visas; To issue special permits in relation to the NBI Building, Taft Avenue, 1000 Manila enforcement of immigration laws (e.g. Tel: (+632) 523-8231 to 38 Special Work Permit (SWP), Provisional Fax: (+632) 526-1216, 523-7414 Permit to Work (PPW), Special Study Email: [email protected] Permit (SSP), re-entry permits, Website: www.nbi.gov.ph clearances, etc.; To extend the stay of temporary visitors Mandate and implements applications of changes of statuses as provided by law; To investigate crimes and other off enses against the laws of the Philippines, and to To conduct administrative determination establish and maintain a modern, eff ective of citizenship and related statuses; and effi cient investigative service and research To investigate, hear, decide, and agency for the purpose. execute orders pertaining to exclusion, deportation, and repatriation of aliens;

ASEAN Government Law Directory 85 Organizational Structure enforcement entities in the Philippines; To maintain identifi cation records of The National Bureau of Investigation (NBI) identifying marks, characteristics and is a government entity that is civilian in ownership or possession of all fi rearms character and national in scope. It is headed and test bullets fi red therefrom; by a Director with an Assistant Director and To give technical assistance to all six (6) Deputy Directors for the following: prosecuting and law enforcement (1) Special Investigation Services (SIS); (2) offi ces, agencies of the government, and Regional Operations Services (ROS); (3) courts which may ask for its services; Intelligence Services (IS); (4) Technical Services To extend its services in the investigation (TS); (5) Administrative Services (AS), and; (6) of cases of administrative or civil in Comptroller Services (CS). nature in which the government is interested; The Two-Pillar Rule (thoroughness and legality) To establish and maintain an up-to-date has always been adhered to by the NBI, which scientifi c crime laboratory and conduct is to keep the standard of professionalism in researches in furtherance of scientifi c the investigation of cases. The legality of the knowledge in criminal investigation; Bureau’s activity is assured by its “Legal and To coordinate with other national or Evaluation Division”, which provides legal local agencies in the maintenance of counsel to the Director, legal services to the peace and order; and entire Bureau; evaluates investigation reports To undertake the instruction and of the Agents, and fi nally conducts legal training of a representative number of researches and studies. city and municipal peace offi cers at the request of their respective superiors Functions along eff ective methods of crime To investigate crimes and other off enses investigation and detection in order to against the laws of the Philippines, insure greater effi ciency in the discharge both on its own initiative and as public of their duties. interest may require; To assist, when offi cially requested, in BUREAU OF CORRECTIONS the investigation or detection of crimes and other off enses; NBP Reservation, 1770 Muntilupa City To act as national clearing house of Tel: (+632) 850-5002 or 807-2368 criminal records and other information Fax: (+632) 805-3282 for use of all prosecuting and law Email: [email protected]

ASEAN Government Law Directory 86 Website: www.bucor.gov.ph Functions of the Director and Assistant Directors

Mandate PHILIPPINES The Director has the following functions: To carry out institutional rehabilitation To act as adviser of the Secretary of programs of the government for national Justice on matters relating to the off enders. formulation and execution of penal policies, plans, programs and projects; Organizational Structure To administer and execute the laws relating to prisons and its inmates The Bureau of Corrections (BuCor) is composed and enforce the rules and regulations of seven operating institutions strategically governing the operations and located all over the country, namely: management of prisons; To exercise administrative supervision 1- New Bilibid Prison (NBP), Muntinlupa of prisons; City; To recommend to the Board of Pardons 2- Correctional Institution for Women and Parole inmates who are qualifi ed for (CIW), Mandaluyong City; the grant of parole, pardon and other 3- Leyte Regional Prison, Leyte; forms of executive clemency; 4- Davao Prison and Penal Farm, Davao To exercise supervision and control over del Norte; the constituents units and personnel of 5- San Ramon Prison and Penal Farm, the Bureau, and Zamboanga City; To issue directives and instructions 6- Sablayan Prison and Penal Farm, in accordance with laws, rules and Mindoro Occidental; and regulations that will eff ectively and 7- Iwahig Prison and Penal Farm, Palawan. effi ciently govern the activities of the Bureau and its personnel. The Bureau is headed by the Director of Corrections who is assisted by the: (1) Assistant The Assistant Directors perform the following Director for Administration and Rehabilitation functions: and (2) Assistant Director for Prisons and To assist the Director in the formulation Security. The Director and Assistant Directors and implementation of the Bureau’s of the Bureau are appointed by the President objectives and policies; of the Philippines upon recommendation of To coordinate and ensure the the Secretary of Justice. economical, effi cient and eff ective

ASEAN Government Law Directory 87 administration of the programs and are likely to respond to individualized, projects of the Bureau; community-based treatment programs; To assume the duties of the Director in To promote the correction and the latter’s absence; and rehabilitation of an off ender by providing To perform such other function as may him with individualized treatment; be assigned by the Director. To provide an opportunity for the reformation of a penitent off ender PAROLE AND PROBATION which might be less probable if he were ADMINISTRATION to serve a prison sentence; and To prevent the commission of off enses. DOJ Agencies Building, NIA Road cor. East Avenue, The Administration is headed by the Probation Diliman, 1101 Quezon City Administrator, appointed by the President of Tel: (+632) 927-6826 or 929-3145 the Philippines. His powers and duties include: Fax: (+632) 928-0235 Website: www.probation.gov. ph To act as the executive offi cer of the Administration; Mandate To exercise supervision and control over all probation offi cers; To exercise general supervision over all To make annual reports to the Secretary probationers. of Justice, in such form as the latter may prescribe, concerning the operation, Functions administration and improvement of the To establish a more enlightened and probation system; humane correctional system that will To promulgate, subject to the approval promote the reformation of off enders of the Secretary of Justice, the necessary and thereby reduce the incidence of rules relative to the methods and recidivism; procedures of the probation process; To recognize that confi nement of To recommend to the Secretary of Justice all off enders in prisons and other the appointment of the subordinate institutions with rehabilitation programs personnel of his/her Administration; constitutes an onerous drain on the and fi nancial resources of the country; To perform such duties and exercise To provide a less costly alternative to such powers as may be necessary or the imprisonment of off enders who incidental to achieve the objectives

ASEAN Government Law Directory 88 of Probation Law of 1976 (Presidential responsible for special and appealed Decree No. 968) cases; legal research; and fi eld services

and statistics upon the designation by PHILIPPINES PUBLIC ATTORNEY’S OFFICE the Chief Public Attorney. One of the deputies shall be designated as Deputy 4th & 5th Floors, DOJ Agencies Chief Public Attorney for Luzon and the Building, NIA Road corner East other Deputy Chief Public Attorney for Avenue, Diliman, Quezon City Visayas and Mindanao; Tel: (+632) 929-9436 2- Six (6) line divisions in the Central Email: [email protected] Offi ce, namely: Administrative, Website: www.pao.gov.ph Financial Planning and Management, Special and Appealed Cases, Legal Mandate Research and Statistics, Field Services and Statistics, and Executive Division; To provide free legal assistance to indigent and persons in criminal, civil, labor, administrative 3- Regional, Provincial, City, and Municipal and other quasi-judicial cases. District Offi ces.

Organizational Structure OFFICE OF THE GOVERNMENT CORPORATE COUNSEL The PAO is an independent and autonomous offi ce attached to the Department of Justice 3rd Floor. MWSS Administration Bldg., for the purposes of policy and program Katipunan Road, Quezon City coordination. It has the following constituent Tel: (+632)927-0030 loc. 219 and units: (+632)927-0035 loc. 201 1- Offi ce of the Chief Public Attorney and Telefax: (+632)436-4405 and (02)436-4429 two (2) Deputy Chief Public Attorneys Website: www.ogcc.gov.ph to serve as a “Deputy Chief Public Attorney for Administration” and Mandate placed in charge of three divisions, namely; Administrative; Financial To act as the principal law offi ce of all Planning and Management; and government-owned and -controlled Executive Division, while the other corporations (GOCCs), their subsidiaries, to serve as “Deputy Chief Public other corporate off -springs and government- Attorney for Operations” and shall be acquired asset corporations.

ASEAN Government Law Directory 89 Organizational Structure render legal opinions; (3) review contracts; (4) investigate administrative cases against The Offi ce of the Government Corporate offi cials of Government Corporations; and Counsel (OGCC) is composed of the (5) act as hearing offi cers in disputes among Government Corporate Counsel (“GCC”), Government Corporations. the Deputy Government Corporate Counsel (“DGCC”), ten (10) Assistant Government LAND REGISTRATION AUTHORITY Corporate Counsels (“AGCC”), and forty-fi ve (45) Government Corporate Counsels (“GCA”). DOJ Agencies B ldg., NIA Road corner East Avenue, Diliman, Quezon City The OGCC is strategically divided into teams Telefax: (+632) 925-6601; (+632) 925-6603 to meet the specialized needs of about six Website: www.lra.gov.ph hundred (600) Government Corporations classifi ed into the following sectors: (1) Mandate Gaming; (2) Economic Zones; (3) Information and Energy; (4) Environment and Water; (5) The Land Registration Authority (LRA) is Banking; (6) Infrastructure and Transportation; mandated to issue decrees of registration and (7) Agriculture and Trade; and (8) Housing. An certifi cates of titles and register documents, additional team has been organized to handle patents and other land transactions for the Special Concerns. benefi t of landowners, Agrarian Reform- benefi ciaries and the registering public in Specifi c Functions general; to provide a secure, stable and To exercise control and supervision over trustworthy record of land ownership and all legal departments or divisions of the recorded interests therein so as to promote various government corporations; social and economic well-being and contribute To ensure consistency and/or harmony to national development. of the legal positions of the various GOCCs; Functions To arbitrate issues between GOCCs; and Implement and protect the Torrens To issue rules and regulations to system of land titling and registration; eff ectively implement its objectives. Issue decrees of registration pursuant to fi nal judgment of the courts in land In addition, lawyers of the OGCC: (1) registration proceedings and causes represent Government Corporations before the issuance by a registrar of deeds the the courts and quasi-judicial bodies; (2) corresponding certifi cate of title;

ASEAN Government Law Directory 90 Issue all subsequent or transfer subordinates and close associates, whether certifi cates of title which may either be located in the Philippines or abroad, including

issued judicially or administratively; the takeover or sequestration of all business PHILIPPINES Keep the title history or records of enterprises and entities owned or controlled transaction involving titled or registered by them, during his administration, directly lands; or through nominees, by taking undue Exercise control over the disposition advantage of their public offi ce and/or using or alienation of registered lands in their powers, authority, infl uence, connection accordance with existing government or relationship; the investigation of such cases rules and regulations; of graft and corruption as the President may Provide legal and technical assistance assign to the Commission from time to time; to the courts on land registration cases; and the adoption of safeguards to ensure and that the above practices shall not be repeated Extend assistance to other agencies of in any manner under the new government, the government in the implementation and the institution of adequate measures to of the agrarian program. prevent the occurrence of corruption.

PRESIDENTIAL COMMISSION ON OFFICE FOR ALTERNATIVE GOOD GOVERNMENT DISPUTE RESOLUTION

82 EDSA, IRC Building, Mandaluyong Department of Justice Building City 1550 Padre Faura, Ermita, Manila 1000 Tel: (+632) 727-2927 Tel.: (+632) 523-8481 to 98 Fax: (+632) 727-2926 Website: www.pcgg.gov.ph The Offi ce for Alternative Dispute Resolution (OADR) is headed by an Executive Director, The Presidential Commission on Good appointed by the President, taking into Government (PCGG) is a quasi-judicial body consideration the recommendation of the composed of a Chairperson and four (4) Secretary of Justice. Commissioners. Objectives It is charged with the task of assisting the President in the recovery of ill-gotten wealth Promote, develop and expand the use accumulated by former President Ferdinand of alternative dispute resolution (ADR) E. Marcos, his immediate family, relatives, in the private and public sectors; and

ASEAN Government Law Directory 91 Assist the government to monitor, study Mandate and evaluate the use by the public and the private sector of ADR, and recommend To represent the Government of the to Congress needful statutory changes Philippines, its agencies and instrumentalities to develop, strengthen and improve and its offi cials and agents in any litigation, ADR practices in accordance with world proceeding, investigation or matter requiring standards. the services of lawyers.

Powers and Functions Organizational Structure To formulate standards for the training of the ADR practitioners and service The Offi ce of the Solicitor General is an providers; independent and autonomous offi ce attached To certify that such ADR practitioners to the Department of Justice. It is headed by and ADR service providers have the Solicitor General, who is the principal law undergone the professional training offi cer and legal defender of the Government. provided by the offi ce; The Solicitor General is assisted by the Legal To coordinate the development, imple- Staff composed of fi fteen (15) Assistant mentation, monitoring, and evaluation Solicitors General, who in turn head the thirty of government ADR programs; (30) Legal Divisions with ten (10) Solicitors and To charge fees for their services; and Trial Attorneys for each division. To perform such acts as may be necessary to carry into eff ect the provisions of the Functions “Alternative Dispute Resolution Act of To represent the Government in the 2004”. Supreme Court and the Court of Appeals in all criminal proceedings; represent OFFICE OF THE SOLICITOR-GENERAL the Government and its offi cers in the Supreme Court, the Court of Appeals, OSG Building, 134 Amorsolo and all other courts or tribunals in all St., Legaspi Village, Makati City civil actions and special proceedings in Tel: (+632) 818-6301 to 09; which the Government or any offi cer Fax: (+632) 817-6037 thereof in his offi cial capacity is a party; Email: [email protected] To investigate, initiate court action, or in Website: www.osg.gov.ph any manner proceed against any person, corporation or fi rm for the enforcement of any contract, bond, guarantee,

ASEAN Government Law Directory 92 mortgage, pledge or other collateral of any function or discharge of any executed in favor of the Government; duty incumbent upon him, within the

To appear in any court in any action jurisdiction of the aforesaid provincial or PHILIPPINES involving the validity of any treaty, law, city fi scal; executive order or proclamation, rule To deputize legal offi cers of government or regulation when in his judgment departments, bureaus, agencies and his intervention is necessary or when offi ces to assist the Solicitor General and requested by the Court; appear or represent the Government in To appear in all proceedings involving cases involving their respective offi ces, the acquisition or loss of Philippine brought before the courts, and exercise citizenship; supervision and control over such legal To represent the Government in all land offi cers with respect to such cases; registration and related proceedings. To call on any department, bureau, Institute actions for the reversion to offi ce, agency or instrumentality of the the Government of lands of the public Government for such service, assistance domain and improvements thereon and cooperation as may be necessary in as well as lands held in violation of the fulfi lling its functions and responsibilities Constitution; and for this purpose enlist the services To prepare, upon request of the of any government offi cial or employee President or other proper offi cer of in the pursuit of his tasks; the National Government, rules and To represent, upon the instructions guidelines for government entities of the President, the Republic of the governing the preparation of contracts, Philippines in international litigations, making of investments, undertaking of negotiations or conferences where the transactions, and drafting of forms or legal position of the Republic must be other writings needed for offi cial use, defended or presented; with the end in view of facilitating their To act and represent the Republic and/ enforcement and insuring that they are or the people before any court, tribunal, entered into or prepared conformably body or commission in any matter, action with law and for the best interests of the or proceeding which, in his opinion, public; aff ects the welfare of the people as the To deputize, whenever in the opinion ends of justice may require; and of the Solicitor General the public To perform such other functions as may interest requires, any provincial or city be provided by law. fi scal to assist him in the performance

ASEAN Government Law Directory 93 The Supreme Court of the Philippines and criminal cases involving graft and corrupt practices and such other off enses committed Padre Faura St., Manila 10000 by public offi cers and employees, including www. sc.judiciary.gov.ph those in government-owned or -controlled Tel.: (6-32) 522-5090 to 94 corporations, in relation to their offi ce as may be Telefax: (6-32) 526-8129 determined by law. It is clear that the tribunal Email: [email protected] is charged with the direct responsibility of maintaining morality, integrity and effi ciency Judicial power is vested not only with the in the public service. Supreme Court of the Philippines as the highest judicial body but also in lower courts The Sandiganbayan consists of a Presiding as may be established by law. The Supreme Justice, and eight Associate Justices sit in Court heads the systems of courts in the divisions of three Justices each, who shall be judiciary and is the court of last resort. necessary to constitute a quorum and whose unanimous vote shall be required for ht The diff erent lower courts under the Judiciary pronouncement of a judgment. Reorganization Law are the following: Court of Appeals (CA) The Offi ce of the Ombudsman is a constitutional Regional Trial Courts (RTC) offi ce. The Ombudsman, as protector of the Metropolitan Trial Courts (MeTC) people, shall act promptly on complaints fi led Municipal Trial Courts (MTC) in any form or manner against public offi cials Municipal Circuit Trial Court (MCTC) or employees of the Government, or any subdivision, agency or instrumentality thereof, Not included in the reorganization were including government-owned or controlled the Court of Tax Appeals (CTA) and special corporation, and shall, in appropriate cases, statutory court known as the Sandiganbayan notify the complainants of the actions taken and constitutional offi ce known as the and the result thereof. Ombudsman, as well as the Shari’ah Courts for Muslims. Together with the Supreme To maintain the independence of the Judiciary, Court, the aforementioned tribunals make the following safeguards have been embodied up the judicial department of the Philippine in the Constitution: government. The Supreme Court is a constitutional body. It cannot be abolished nor may The Sandiganbayan is the anti-graft court of its membership or the manner of its the Philippines. It has jurisdiction over civil meetings be changed by legislation.

ASEAN Government Law Directory 94 The members of the Supreme Court temporary detail of judges. may not be removed except by The Supreme Court can appoint all

impeachment. offi cials and employees of the judiciary PHILIPPINES The Supreme Court may not be deprived of its minimum original and appellate jurisdiction as prescribed under Article VIII, Section 5, of the 1987 Philippines Constitution. The appellate jurisdiction of the Supreme Court may not be increased by law without its advice and concurrence. Appointees to the judiciary are now nominated by the Judicial and Bar Council and no longer subject to confi rmation by the Commission on Appointments. The Supreme Court has administrative supervision over all lower courts and their personnel. The Supreme Court has exclusive power to discipline judges of lower courts. The members of the Supreme Court and all lower courts have security of tenure, which cannot be undermined by a law reorganizing the judiciary. They shall not be designated to any agency performing quasi-judicial or administrative functions. The salaries of judges may not be reduced during their continuance in offi ce. The judiciary shall enjoy fi scal autonomy. The Supreme Court alone may initiate rules of court. Only the Supreme Court may order the

ASEAN Government Law Directory 95

SINGAPORE SINGAPORE jurisdiction. The High Court also has general supervisory and revisionary jurisdiction and THE JUDICIARY power over all subordinate courts in any civil or criminal matter. The following matters are The Judiciary is one of the three pillars of the also dealt with by the High Court: State. It administers the law independently of the Legislative and Executive arms. This Admiralty matters; independence is safeguarded by the Company winding-up proceedings; Constitution of the Republic of Singapore. Bankruptcy proceedings; and Applications for the admission of The mission of the Judiciary is to superintend advocates and solicitors. the administration of justice. Under the Constitution of the Republic of Singapore, The High Court is empowered to hear civil judicial power in Singapore is vested in the appeals from District Courts, Magistrates’ Supreme Court and in such subordinate courts Courts and Small Claims Tribunals. It also hears as may be provided for by any written law for appeals from the decisions made in criminal the time being in force. cases heard before the District Courts, Magistrates’ Courts and Juvenile Courts, as 1- THE SUPREME COURT well as points of law reserved by special cases submitted by Address: 1 Supreme Court Lane these Courts. In addition, it can try off ences Singapore 178879 committed outside Singapore in certain Tel: (65) 6336 0644 circumstances. Generally, the Court of Appeal Fax: (65) 6337 9450 hears appeals from the High Court. Website: http://www.supcourt.gov.sg Email: [email protected] The Registrar of the Supreme Court has both judicial and administrative functions. He has, The Supreme Court consists of the Court of subject to the provision of any written law, Appeal and the High Court. The Court of similar powers as the Masters of the Queen’s Appeal consists of the Chief Justice, who is also Bench Division of the High Court of England the President of the Court of Appeal, and the and Wales and, in addition, such further Judges of Appeal. The High Court consists of jurisdiction, powers and duties as may be the Chief Justice, Judges and Judicial prescribed by the Rules of Court. The Registrar Commissioners. The Court of Appeal hears is also the Sheriff of the Supreme Court. both criminal and civil cases and has appellate

ASEAN Government Law Directory 98 A. The Honourable the Chief Justice B. Registrar, Supreme Court

The Honourable the Chief Justice is the Head The Registrar is the administrative head of the SINGAPORE of the Judiciary, where the judicial power of Judicial Branch of the Legal Service and the Singapore is vested in the Supreme Court and head of the Registry of the Supreme Court. He the Subordinate Courts. The Chief Justice also also exercises the powers and duties of the concurrently holds the following appointments Permanent Secretary for the Judiciary. The as: Chairman, Presidential Council for Minority current Registrar is Mr Foo Chee Hock. Under Rights; President, Legal Service Commission; the sterling leadership of the Chief Justice and as well as President, Singapore Academy of the active involvement of the Registrar, the Law. The current Chief Justice of Singapore is Supreme Court has continued to maintain Mr Chan Sek Keong. Born in 1937, Chief Justice high standards of excellence in the Chan Sek Keong graduated from the University administration of justice, through the of Malaya in Singapore with a Bachelor of Laws institution of electronic litigation and proactive (Hons) in 1961, and was called to the Bar a year case management measures. The Registrar is later. He practised in the Federation of Malaya committed to the enhancement of access to and Singapore for 24 years before being justice and the promotion of effi ciency in the appointed a Judicial Commissioner of the administration of justice. Mr Foo Chee Hock Supreme Court of Singapore in July 1986. He holds an LLM from the University of Cambridge. was a Judge of the Supreme Court from July He is a member of the Integrated Electronic 1988 to April 1992, and then served as Litigation System (iELS) Steering Committee Attorney-General of Singapore from May 1992 and the LawNet Management Committee. to April 2006. He was also a Member of the Prior to working in the Supreme Court, he was Military Court of Appeal from 1971 to 1986, a Subordinate Courts Judge where he chaired and was one of the Government’s nominees to the Committee to study the video-taping of the Panels of Arbitrators and Conciliators of trials, and was Vice-Chairman of the Technology the International Centre for Settlement of Court Committee which constructed the Investment Disputes from 1980 to 1992. He Courts’ fi rst Technology Court, Technology was appointed the Chief Justice of Singapore Chambers and four Digital Recording Courts in April 2006, and is concurrently the President of the Legal Service Commission, Chairman of 2- THE SUBORDINATE COURTS the Presidential Council for Minority Rights and the President of the Singapore Academy Address: 1 Havelock Square of Law. Singapore 059724 Tel: 1800-JUSTICE (1800-5878423)

ASEAN Government Law Directory 99 Fax: (65) 6435 5983 matrimonial assets and custody matters. With Website: www.subcourts.gov.sg eff ect from 1 March 2010, the Family Court also Email: [email protected] handles all proceedings under the Mental Capacity Act. The Subordinate Courts are a critical component of the judiciary, with the mission Since 1992, the Subordinate Courts introduced of providing an eff ective and accessible system a series of judicial reforms to ensure that justice of justice, inspiring public trust and confi dence. administration is in tandem with the rapid The Subordinate Courts had undergone a socio-economic development of Singapore. reorganisation in September 2009, creating Strategic application of management best three distinct justice divisions, i.e. the Criminal, practices is now part of judicial administration Civil and Family and Juvenile Justice Divisions to ensure the relevance of the courts in the and two supporting divisions, i.e. the Corporate New Economy. The Subordinate Courts have and Court Services Division, and the Strategic institutionalised the judicial reform measures Planning and Training Division. and now share this knowledge through the International Consortium for Court Excellence, More than 95% of all judicial matters in of which the Subordinate Courts are one of the Singapore are dealt with in the Subordinate founding members. The Consortium conceived Courts, which hear civil, criminal, juvenile the International Framework for Courts cases, and family matters. Under the law, the Excellence (IFCE) to provide guidance for other Subordinate Courts comprise District Courts, courts to improve their performance through Magistrate’s Courts, Coroner’s Court, Juvenile seven areas of excellence. The IFCE was Court and the Small Claims Tribunals. The launched in Singapore at the Asia-Pacifi c District Courts and Magistrate’s Courts exercise Courts Conference in October 2010. original criminal and civil jurisdiction. Some of Domestically, the Subordinate Courts have the District Courts and Magistrate’s Courts are tapped community resources to enrich various also designated as specialist courts - these justice-related programmes and strengthen include the Family Court, Criminal Mentions community links with community-focussed Courts, Community Court, Traffi c Court, Bail agencies, to better serve society. Court and Night Courts. The Small Claims Tribunals exercise civil jurisdiction for claims A Chief District ]udge up to S$10,000 (or with consent of parties, up to S$20,000). The Family Court deals with all Under the Subordinate Courts Act, the Chief types of family proceedings in Singapore, District Judge has seniority over all other including divorce, maintenance, division of District Judges, Magistrates and staff of the

ASEAN Government Law Directory 100 Subordinate Courts. He is the administrative of the Service Relations Unity to ensure head of the Subordinate Courts, having sustainable quality services to court users, the

oversight of all the judicial offi cers and court introduction of centralised pre-trial SINGAPORE offi cers therein. He is directly accountable to conferences for optimal use of court resources, the Chief Justice. He may, with the concurrence and the reduction of bail waiting time to 15 of the Chief Justice, make directions of a minutes from 5 to 6 hours. Two HELP Centres general or particular nature on the distribution for litigants-in-person who may be unfamiliar of business in the Subordinate Courts. He is with the legal processes and procedures were also responsible for the apportionment of set up, and pro bono lawyers were co-opted to work among the offi cers of the Courts. In his render legal advice to these court users. IT is judicial capacity, the Chief District Judge critical to the everyday functions of the exercises the jurisdiction and powers under Subordinate Courts. Trial courts are now the written laws in adjudicating criminal, civil, equipped with digital recording and and family cases. He also sits on the Probation transcription services to replace manual Committee constituted under the Probation of recording of proceedings. Wireless access in Off enders Rules, the Rules Committee the courtrooms is provided to lawyers and constituted under the Supreme Court of prosecutors. Judicature Act, and the LawNet Management Committee constituted under the Singapore B Deputy Chief District Judge and Academy of Law Rules. Senior District Judges

The current Chief District Judge is Mr Tan Siong In the administration of the Subordinate Thye, who took offi ce on 28 August 2008. The Courts, the Chief District Judge is assisted by a Chief District Judge led the Subordinate Courts Deputy Chief District Judge and Senior District from being court-centric to service-centric Judges, each of whom oversees the with emphasis on quality of justice. A court- management of one the following divisions: centric culture had previously enabled the the Corporate and Court Services Division, the Subordinate Courts to have an eff ective case Criminal, Civil, and Family and Juvenile Justice management that cleared the backlog of cases Divisions. In addition, a senior judicial offi cer in the past. With a service-centric culture, the oversees the Strategic Planning and Training goal now is to provide the highest quality of Division of the Subordinate Courts. service while maintaining the effi cient functioning of the Courts. Various initiatives C Registrar, Subordinate Courts have since been undertaken to better serve court users. These include the establishment The Registrar of the Subordinate Courts is a

ASEAN Government Law Directory 101 legally trained person appointed by the Chief Government. It is the Ministry’s mission to Justice under the Subordinate Courts Act. He ensure a sound legal infrastructure, optimise performs both judicial and administrative land resources and promote intellectual functions. In his judicial capacity, he has power property to support Singapore’s economic and to transact all such business and exercise all social goals. such authority and jurisdiction under the Subordinate Courts Act or the Rules as may be The key portfolio of the Ministry of Law transacted and exercised by a Judge in comprises the following: Chambers with certain exceptions. He also has the statutory duties to control and supervise Legislation Aff airs; the various Registries of the Subordinate Law Reform; Courts, and to keep the books, indexes and General Civil Law matters; registers of these Registries in whatever Legal Profession and Legal Industry; medium or mode he may determine. Legal Aid; Bankruptcy and Companies Winding-Up; The Registrar works closely with, and is Public Trustee and Administration of accountable to, the Chief District Judge. The Estates of Deceased Persons; current Registrar is Deputy Chief District Judge Regulation of Moneylenders and Ms Jennifer Marie, who assumed offi ce on 1 Pawnbrokers; September 2011. Payment of Motor Accident Compensation; Intellectual Property; THE MINISTRY OF LAW Alternative Dispute Resolution; Community Mediation; Address: The Treasury Administration of State Lands; 100 High Street #08-02 Compulsory Acquisition of Private Land; Singapore 179434 Registration of Land Transactions; Tel: (65) 6332 8840 Foreign Ownership of Residential Property; Fax: (65) 6332 8842 Land Surveys; Website: http://www.minlaw.gov.sg Sale of Maps and Land Data; and Email: [email protected] Regulation of Land Surveyors.

The Ministry of Law’s primary responsibility A- Minister for Law and Senior involves initiating, formulating and Parliamentary Secretary for Law implementing the broad legal, land and intellectual property policies of the The Minister for Law, K Shanmugam is charged

ASEAN Government Law Directory 102 with the responsibility of overseeing the divisions, the Legal Group undertakes to bring overall development and formulation of about a strong rule of law framework and legal

Singapore’s legal and land policies. His role is services infrastructure. The Legal Group is SINGAPORE distinct from the Attorney-General, who is the headed by Ms Valerie Thean, Director-General Government’s legal advisor and Public (Legal Group). Prosecutor. In discharging his duties, the Minister for Law is accountable to Cabinet and 1- LEGAL POLICY AND INTERNATIONAL Parliament for the matters under the Ministry’s LEGAL DIVISIONS portfolio. The Minister for Law is deputed by the Senior Parliamentary Secretary for Law, Ms The Legal Policy and International Legal Sim Ann. Divisions provide the Minister for Law and Senior Parliamentary Secretary for Law with B- Permanent Secretary for Law and staff support on all legal matters. The Legal Deputy Secretary for Law Policy Division carries out law reform for laws coming under the Ministry of Law’s direct The Permanent Secretary for Law, Mr Pang Kin purview. The Division also formulates legal Keong is responsible for the effi cient policy and scrutinises all proposed draft Bills administration of the Ministry of Law. The from other government ministries before they Permanent Secretary adopts what he considers are tabled in Parliament. The International the best organisation, methods and procedures Legal Division deals with international law for carrying out the functions of the ministry. matters and seeks to promote and protect Singapore’s international legal interests. The Permanent Secretary is also responsible for reviewing the organisation, functions and Directors activities of the ministry, and for taking steps Mr Francis Ng is Director (Legal Policy Division) to improve effi ciency in every way he can. The while Ms Cheng Pei Feng is Director Permanent Secretary is assisted by a Deputy (International Legal Division). They are Secretary, Mr Hugh Lim. supported by a multidisciplinary team of offi cers. LEGAL GROUP 2- LEGAL INDUSTRY DIVISION The Legal Group comprises the Ministry’s three legal divisions, namely the Legal Policy The Legal Industry Division is responsible for Division, the International Legal Division and the overall policy, regulatory framework, the Legal Industry Division. Through its promotion and strategic development of

ASEAN Government Law Directory 103 Singapore’s legal services industry. Areas policies to promote effi cient and eff ective use under the Division’s portfolio include: the of State land to maximize economic and social regulatory policy and framework for local and opportunities for all. foreign lawyers and law fi rms in Singapore, admission to the Singapore Bar, supply of 4- PLANNING AND PERFORMANCE lawyers, promotion and development of DIVISION Singapore’s legal and dispute resolution services, as well as development of Singapore’s The Planning and Performance Division (PPD) legal services and dispute resolution capacity works with the Ministry’s divisions, and capabilities. departments and statutory boards to formulate overall strategies for the Ministry. The division Director is responsible for managing the Ministry’s Ms Gloria Lim is Director (Legal Industry strategic and futures planning processes, Division) and she is supported by a multi- developing the Ministry’s strategic governance disciplinary team of offi cers. systems, and formulating policies in the areas of insolvency, public trustee, moneylending, 3- LAND POLICY DIVISION pawnbroking, legal aid and mediation.

The Land Policy Division is responsible for Director policy on land-related issues and seeks to The Planning & Performance Division is headed optimise the use of scarce land resource. It by Mr Darius Lim. He is also concurrently the assists the Permanent Secretary to oversee the Ministry’s Chief Data Offi cer. operations of the Singapore Land Authority, which is the operational arm of the State in 5- INTELLECTUAL PROPERTY POLICY land-related administration and management DIVISION matters. The Intellectual Property Policy Division The scope of areas covered by the Division formulates policies pertaining to the creation includes the policies pertaining to optimisation of intellectual property infrastructure, of land resources in Singapore and the environment and services, with the aim to management of State Land and buildings. establish Singapore as a hub that encourages creation, protection and exploitation of Director intellectual property. The Division works Mr Calvin Phua heads the Land Policy Division. closely with the Intellectual Property Offi ce of In recent years, the Division has reviewed land Singapore.

ASEAN Government Law Directory 104 Director the provision of trustee services, and in Mr Jason Chen, Director (Intellectual Property building an insolvency regime that promotes a

Policy Division) and his team review, formulate debt recovery system which supports both SINGAPORE and develop policies to promote intellectual enterprise and ensures fi nancial discipline. In property in Singapore. its relentless pursuit to make IPTO a world class organisation, it adopts the Business Excellence DEPARTMENTS OF THE MINISTRY OF LAW Framework for organisational excellence. Its eff ort was rewarded when it received the The two departments of the Ministry of Law Public Service Award for Organisational are the Insolvency and Public Trustee’s Offi ce Excellence, in recognition of its achievement in and the Legal Aid Bureau. attaining certifi cation to Singapore Quality Class, IS0 9001:2000 Quality Management 1- INSOLVENCY AND PUBLIC TRUSTEE’S System and other Business Excellence niche OFFICE (IPTO) standards for innovation, service and people (i.e. Innovation Class, Service Class and People Address 45 Maxwell Road #05-11/#06-11 Developer Standard). The URA Centre (East Wing) Singapore 069118 Offi cial Assignee and Public Trustee Tel (65) 6325 1500 (65) 6325 1415 IPTO is headed by Ms Sia Aik Kor, who holds Website http://www.ipto.gov.sg the appointments of Offi cial Assignee, Offi cial E-mail [email protected] Receiver, Public Trustee and Registrar of Moneylenders and Pawnbrokers. She is The Insolvency & Public Trustee’s Offi ce (IPTO) assisted by a team of legal offi cers, managers administers the aff airs of individual and and support staff . corporate insolvency, the estates of deceased persons and proceeds of crime confi scated 2- LEGAL AID BUREAU (LAB) under specifi c legislation, and assesses the adequacy of motor accident compensation Address: 45 Maxwell Road #08-12 monies for accident victims. It also regulates The URA Centre, East Wing the activities of moneylenders and Singapore 069118 pawnbrokers in order to protect the interests Tel: (65) 1800-3251424 of borrowers and pawners. IPTO plays an Fax: (65) 6325 1402 important role in ensuring that a good and Website: http://www.lab.gov.sg progressive legal framework is emplaced in Email: [email protected]

ASEAN Government Law Directory 105 The Legal Aid Bureau, which is a department including legal offi cers, para-legals, interpreters within the Ministry of Law, provides legal aid and other support staff as well as a panel of and advice to persons of limited means. It private solicitors. handles a wide variety of civil matters such as divorce, maintenance, custody of children, 3- COMMUNITY MEDIATION UNIT (CMU) separation, wrongful dismissal, motor and industrial accident claims, probate, adoption, Address: The URA Centre, East Wing tenancy disputes and monetary claims. 45 Maxwell Road #01-13 Singapore 069118 To be eligible for legal aid, a person must: Tel: (65) 6325 1600 (Hotline) Fax: (65) 6227 9201 (a) be a Singapore citizen or permanent Website: http://www.minlaw.gov.sg/cmc resident; Email: [email protected] (b) satisfy a Means test; and (c) have Merits in his/her case. The Community Mediation Unit is a Unit set up to oversee the promotion and development of Guided by the Bureau’s Core Values which are: community mediation in Singapore. It oversees Trust and Integrity, Passion and Compassion, public education and outreach initiatives, Teamwork and Innovation and driven by its manages the activities of the Community motivated staff , the Bureau has attained the Mediation Centres (CMCs) and is also following recognition: The Singapore Quality responsible for the selection, training, Class Star Award, ISO 9001:2008 standard and accreditation and appointment of volunteer the Singapore Service Class Award. mediators for the CMCs. The Unit is run by a team led by its current General Manager, Ms Director Elsie Tjoeng, who is also the Director of three The Bureau is headed by the Director of Legal CMCs. Aid who is a legally qualifi ed person. The position is currently held by Mr Tan Puay Boon. Community Mediation Centres The Director administers the Legal Aid and Advice Act and the Regulations made Governed by the provisions of the Community thereunder. He provides leadership, policy Mediation Centres Act, the Community directions and promotes a service-oriented Mediation Centres (CMCs) were set up since culture in the department in accordance with 1998 to encourage the use of mediation in the objectives of the Ministry of Law. The Singapore to settle social, community and Director is assisted by a dedicated team relational disputes. The CMCs handle

ASEAN Government Law Directory 106 neighbourhood disputes, family disputes and the re-registration authority of UK- (excluding those involving family violence) registered patents. Over the years, the role of

and other relational confl icts. There are the Registry grew in importance as did the SINGAPORE currently three main CMCs established in increasing relevance and signifi cance of diff erent parts of Singapore. intellectual property in society. It expanded its activities beyond the traditional regulatory 4- STATUTORY BOARDS OF THE MINISTRY functions to include a policy department, law OF LAW reform, public education and the facilitation of IP initiatives. The two statutory boards of the Ministry of Law are the Intellectual Property Offi ce of On 1 April 2001, IPOS was converted to a Singapore and the Singapore Land Authority. statutory board under the Ministry of Law. The conversion gave IPOS greater autonomy and A Intellectual Property Offi ce of resources to better meet the challenges of Singapore (IPOS) maximising intellectual property as a critical resource in the new economy. Address: 51 Bras Basah Road #04-01 Manulife Centre As IP regulator and policy advisor, IPOS is Singapore 189554 committed to maintaining a robust and pro- Tel: (65) 6339 8616 business IP regime for the protection and Fax: (65) 6339 0252 commercial exploitation of IP in Singapore. Website: http://www.ipos.gov.sg Email: [email protected] As promoter for IP, IPOS works closely with public and private sector partners to raise Our profi le: awareness, and create capabilities and The Intellectual Property Offi ce of Singapore business opportunities for IP in Singapore. (IPOS) is the lead government agency that formulates and administers intellectual Our core functions: property (IP) laws, promotes IP awareness and To provide a sound legal and provides the infrastructure to facilitate the administrative framework for the greater development of IP in Singapore. promotion and protection of intellectual property; It had its origins in 1937 as the Registry of To formulate and review intellectual TradeMarks and Patents where it then property rights’ policies and legislation; functioned largely as a regulator of trademarks To maintain and disseminate intellectual

ASEAN Government Law Directory 107 property information and documents; on all land-related matters including To represent the Singapore Government acquisition, allocation, tenures and disposal of internationally on intellectual property State Lands. As the custodian of Government matters; land, SLA is responsible for the management To train and nurture intellectual property of all State Land and buildings, for agents; implementing more effi cient land To collaborate with other organisations administration functions such as land and IP offi ces on intellectual property alienation, leasing, land acquisition, programmes; and management of tenancies and vacant lands, To promote awareness, respect and the and for maintaining the national land eff ective use of intellectual property information database. rights. In this role, SLA makes available land for Chief Executive of IPOS residential, commercial, educational, institutional, social and other purposes. It The head of the offi ce is the Chief Executive of manages and optimises land use. The SLA the Intellectual Property Offi ce of Singapore. works with the planning agencies as well as The position is currently held by BG(NS) Tan Yih private sector business partners to identify San. He is also concurrently the Director- new uses, develop rights concerning State General, and Registrar of TradeMarks, Patents, Land, optimise effi ciencies of every transaction Designs and Plant Varieties Protection. and allocate more land based on sound economic principles. It also helps to better B- SINGAPORE LAND AUTHORITY achieve a balance between economic development, fl exibility for physical renewal of Address: 55 Newton Road properties, social growth and cohesion and #12-01 Revenue House the protection of our nature reserves and Singapore 307987 parklands. Tel: (65) 6323 9829 Fax: (65) 6323 9937 The SLA also acts as the national land Website: http://www.sla.gov.sg registration authority. In this capacity, it Email: [email protected] administers the legal infrastructure for land administration (e.g. issuance of strata titles, The Singapore Land Authority (SLA) is the registration of all land dealings and provision national land authority for all State land. Its of land-ownership information services). It is broad functions are to advise the Government also responsible for providing a regulatory

ASEAN Government Law Directory 108 framework and maintaining the infrastructure Address: 2nd Level, Supreme Court Building for the survey of all lands in Singapore. SLA St. Andrew’s Road

provides updated survey maps for use in land Singapore 178957 SINGAPORE transactions. In addition, it manages and Tel: (65) 6883 0530 operates “Geospace” i.e. the government-wide Fax: (65) 63340246 geospatial information clearinghouse Website: http://www.gov.sg/minlaw / developed as part of Singapore’s national appeal/ appeal.html spatial data infrastructure which SLA co-leads Email: [email protected] with the Infocomm Development Authority (IDA). Being a leading geospatial agency, SLA The Appeals Board (Land Acquisition) was provides authoritative, comprehensive and established under the provisions of the Land easily accessible geospatial and land Acquisition Act, 1966, which came into force information. Better geospatial and land on 17 June 1967. The Board hears appeals in information together with eff ective land respect of awards of compensation made by management in turn enhances the State’s the Collector of Land Revenue for land ability to optimise land use, ensure appropriate acquired under the Act. Under the previous returns on the land and maintain confi dence legislation, appeals in respect of the Collector’s in the land administration system. awards were heard by the court. The Board may confi rm, reduce, increase or annul the Chief Executive of SLA Collector’s award or make any other order it sees fi t. An appeal against the decision of the SLA’s Chief Executive is Mr Vincent Hoong. He Board lies to the Court of Appeal upon any is responsible for the proper administration question of law. and management of the functions and aff airs of the Authority in accordance with the policy (a) Commissioner of Appeals and Assessors laid down by the Authority to whom he is accountable. The Authority consists of a The Board consists of the Commissioner of Chairman and members drawn from the public Appeals sitting with two assessors where the and private sectors. appeal is against an award of S$250,000.00 or more and of the Commissioner sitting alone or 5- BOARDS AND TRIBUNAL OF THE with two assessors as he thinks fi t where it is MINISTRY OF LAW against an award of less than S$250,000.00. The Commissioner is appointed by the A- Appeals Board (Land Acquisition) President and the assessors are selected by him from a panel, the members of which are

ASEAN Government Law Directory 109 appointed by the Minister. The current licences. The procedures for submitting Commissioner is Ms Foo Tuat Yien. applications to the Tribunal are set out in the Copyright Tribunal (Procedure) Regulations. (b) Registrar (a) President and Members The principal offi cer of the Board is the Registrar who is appointed by the Minister. The The Copyright Tribunal is headed by a President Registrar is the head of administration and in and comprises four members, all of whom are addition hears interlocutory applications and appointed by the Minister. The current gives directions to facilitate the hearing of President is Judge Thian Yee Sze, the District appeals subject to an appeal to the Judge of the Singapore Subordinate Courts. Commissioner. The current Registrar is Ms Chee Min Ping. She (b) Secretary concurrently holds offi ce as an Assistant Registrar of the Supreme Court. The Secretary of the Copyright Tribunal, Mr Sum Ying Yew provides administrative B- Copyright Tribunal assistance to the Tribunal in the hearing and determining of applications received by the Address: Intellectual Property Offi ce of Tribunal. Singapore 51 Bras Basah Road #04-01 Plaza by the Park C- Land Surveyors Board Singapore 189554 Tel: (65) 6339 8616 Address: c/o Singapore Land Authority Fax: (65) 6339 0252 55 Newton Road Website: http://www.ipos.gov.sg #12-01 Revenue House Email: [email protected] Singapore 307987 Tel: (65) 6323 8176 The Copyright Tribunal is a forum for resolving Fax: (65) 6323 9791 certain disputes between copyright owners Website: http://www.tninlaw.gov.sg/lsb and users of copyright materials concerning Email: [email protected] the payment of equitable remuneration to copyright owners under the provisions of the The functions of the Land Surveyors Board are Copyright Act. The Tribunal will also enquire to register surveyors, license corporations and into licence schemes which have been referred partnerships which supply survey services in to it by licensors or persons wishing to acquire Singapore, approve assistant surveyors,

ASEAN Government Law Directory 110 regulate the conduct of surveys, conduct THE ATTORNEY-GENERAL’S CHAMBERS examinations for registration as surveyors and

develop and maintain the standard of Address: 1 Coleman Street #10-00, SINGAPORE professional conduct and ethics of the The Adelphi surveying profession. Singapore 179803 Tel: (65) 6336 1411 (a) President Fax: (65) 6332 5984 Website: http://www.agc.gov.sg The Land Surveyors Board comprises fi ve Email: [email protected] members. The President leads the Board in administering the Land Surveyors Act. His role The Attorney-General’s Chambers is a vital covers policy formulation and review, strategic component of Singapore’s legal system. As issues and professional matters. By virtue of principal legal advisor to the government, the Section 4 of the Land Surveyors Act, the Chief Attorney-General plays an important role in Surveyor, is the President of the Board. The upholding the Rule of Law in Singapore, and incumbent President is Mr Soh Kheng Peng. thus contributes to one of the key aspirations The Board meets once a month. of her people: to build a democratic society based on the fundamental ideals of justice and (b) Registrar equality.

The Board appoints a Registrar under Section 8 The mission of the Attorney-General’s of the Act. The incumbent Registrar is Mr Chambers is to enhance the rule of law and Chuah Kian Seng. He attends all meetings of constitutional government in Singapore by the Board and records the proceedings. He providing sound legal advice and assistance in conducts the correspondence and deals with developing a fair and responsive legal system, such matters assigned by the President or by furthering good public administration and the Board. He signs all certifi cates of protecting the interests of the state and of the registration, practising certifi cates and people. licences. He records all entries of registration, cancellations and reinstatements in the Article 35(7) of the Constitution of the Republic registers. He maintains the Board’s accounts of Singapore states that it is the duty of the and prepares the statement of accounts. The Attorney-General to “advise the Government Registrar carries out the day-to-day functions upon such legal matters and to perform such of the Board. other duties of a legal character, as may from time to time be referred to or assigned to him

ASEAN Government Law Directory 111 by the President or the Cabinet and to Mr Menon was admitted as an advocate and discharge the functions conferred on him solicitor of the Supreme Court of Singapore in under the Constitution or any other written 1987 and as an Attorney and Counsellor-at-law law”. of the Bar of the State of New York in 1992. He was a partner in private practice with leading The Attorney-General is also the Public law fi rms from 1990 to March 2006 and was Prosecutor and is vested with the power by the appointed Senior Counsel in January 2008. Constitution, exercisable at his discretion, to institute, conduct or discontinue any During his term as Judicial Commissioner of proceedings for any off ence. The Public the Supreme Court from April 2006 to March Prosecutor has the control and direction of 2007, Mr Menon presided over several criminal prosecutions and proceedings, prominent criminal and civil cases in the High including the power to discontinue further Court. He has also served as the Deputy prosecution at any stage of proceedings before Chairman of the Singapore International the delivery of judgement. Arbitration Centre and has represented Singapore at UNCITRAL. There are six legal divisions in the Attorney- After his stint at the Bench, Mr Menon returned General’s Chambers: Civil Division, Criminal to a leading law fi rm as its Managing Partner Justice Division, State Prosecution Division, until his appointment as the Attorney-General Economic Crimes and Governance Division, on 1 October 2010. International Aff airs Division, and Legislation and Law Reform Division. (b) Solicitor-General

(a) Attorney-General The Solicitor-General works closely with the Attorney-General, in providing legal advice to Under Article 35 of the Constitution, the the Government of Singapore. The Attorney- Attorney-General is appointed by the General and Solicitor-General are the Law President, acting on the advice of the Prime Offi cers and Chief Legal Advisers of the Minister. The Attorney-General is selected from Government. among persons who are qualifi ed for appointment as a Judge of the Supreme Court. Under Section 11(2) of the Criminal Procedure Code, the Solicitor-General also has all the The present Attorney-General of Singapore is powers of a Deputy Public Prosecutor and acts Mr Sundaresh Menon SC. He was appointed to as the Public Prosecutor in the absence of the the position on 1 October 2010. Attorney-General.

ASEAN Government Law Directory 112 There are presently two Solicitors-General. The Government’s procurement of goods and/or Solicitor-General is Mrs Koh Juat Jong, who has services, the Civil Division also advises the

held the appointment since 11 April 2008. The Government on its obligations under the SINGAPORE Second Solicitor-General is Mr Lionel Yee, who Government Procurement Act and its was appointed to offi ce on 1 January 2011. subsidiary legislation. The Civil Division represents the Government A- Civil Division in civil proceedings commenced by or against the Government or which otherwise involve The Civil Division provides the Government the Government’s interests or the public with a wide range of legal services. The Civil interest. These proceedings include judicial Division is the primary Division in AGC review proceedings, Constitutional challenges, responsible for the Attorney-General’s function tortious actions, contractual claims, State land of advising the Government of Singapore proceedings, land acquisition appeals, under Article 35(7) of the Constitution of the adoption and child protection proceedings, Republic of Singapore. In the role of the proceedings involving charities, disciplinary Government’s legal adviser, the Civil Division inquiries against public offi cers, mediations advises the Government on a myriad of issues and other dispute resolution proceedings. relating to, amongst other things, the The main areas of the Civil Division’s legal formulation and implementation of public practice include Constitutional & policies and Government initiatives, the Administrative Law, Civil Litigation, Land Government’s regulatory and governance Acquisition, Government Procurement & functions, the Government’s legal rights and Contracts, Government Finance and liabilities, domestic legal disputes involving Community & Personal Law. the Government or the Government’s interests The Chief Counsel of the Civil Division is Mr and amendments to the law. David Chong (Senior Counsel).

The Civil Division is also in charge of the CRIME CLUSTER DIVISIONS drafting and vetting of contracts, memoranda of understanding and other legal The Crime Cluster Divisions, namely the documentation involving the Government or Criminal Justice Division, the State Prosecution the Government’s interests. The Division also Division and, the Economic Crimes and assists with negotiations of contracts, Governance Division, support the work of the memoranda of understanding and other Attorney-General as Public Prosecutor. transactions involving the Government or the The offi cers in the Crime Cluster Divisions who Government’s interests. In respect of the are gazetted as Deputy Public Prosecutors or

ASEAN Government Law Directory 113 appointed as Assistant Public Prosecutors, The Chief Prosecutor of the Criminal Justice assist the Attorney-General in his offi ce as the Division is Mr Aedit Abdullah. Public Prosecutor in discharging a key constitutional function by providing an C- State Prosecution Division impartial and eff ective prosecution service committed to professional excellence and The State Prosecution Division’s (“SPD”) integrity. mission is to provide an impartial and eff ective State Prosecution service committed to B- Criminal Justice Division professional excellence and integrity.

The Criminal Justice Division’s (CJD) mission is There are 4 Directorates in SPD, namely, High to promote a just criminal justice system by Court Litigation, Crimes Against Persons, pursuing a fair and impartial policy in the Property Crime & Public Order Off ences and prosecution of off enders. The work of CJD can Appellate Litigation. be broadly divided into criminal litigation and SPD legal offi cers prosecute serious sexual appeals, the rendering of advice on criminal off ences in the High Court, assist the Coroner justice matters to government departments in Medical Negligence and other cases and and agencies and the oversight of prosecution handle prosecutions in the Subordinate Courts conducted by Government Ministries. for a range of off ences such as causing grievous CJD legal offi cers deal with all capital cases in hurt, cheating, rioting, etc. SPD offi cers also the High Court and prosecutions related to handle any appeals arising from these cases. drugs and other specialist crime in the Subordinate Courts. They also handle any The SPD legal offi cers also evaluate evidence appeals from these cases. disclosed during the course of investigations, CJD legal offi cers also render legal advice on a render legal advice to enforcement agencies myriad of criminal justice matters to and where necessary, direct further government departments and agencies, and investigations to be carried out. oversee prosecutions conducted by Ministries The Chief Prosecutor of the State Prosecution and Statutory Boards. Division is Mr Ong Hian Sun. The CJD also houses Crime Cluster Directorates which provide operational and administrative D- Economic Crimes & Governance support to the legal and advisory functions of Division the three Crime Divisions in the areas of litigation support, training and development, The Economic Crimes & Governance Division and knowledge management. (“EGD”) is responsible for prosecutions in the

ASEAN Government Law Directory 114 Subordinate Courts and High Court, and all The International Aff airs Division (IAD) provides related appeals in respect of fi nancial crimes legal advice to Ministries and Statutory Boards

and corruption cases investigated by the on international law, trade law, civil aviation SINGAPORE Commercial Aff airs Department (CAD) and the law, maritime law and other international legal Corrupt Practices Investigation Bureau (CPIB), issues. The lAD also represents the Singapore respectively. EGD also deals with regulatory Government in international disputes, bilateral enforcement matters aff ecting the fi nancial and multilateral negotiations, trade-related services sector, judicial review relating to proceedings, and drafts bilateral and criminal law proceedings and contempt of multilateral legal instruments as well as assists court cases. and advises on the domestic implementation EGD legal offi cers also exercise the Attorney- of Singapore’s international legal obligations. General’s control and direction of criminal prosecutions by directing the CAD and CPIB in The Director-General of the International their investigations based on an evaluation of Aff airs Division is Mr Lionel Yee.\ evidence presented. In addition, DPPs provide advice concerning fi nancial regulatory F- Legislation and Law Reform Division enforcement matters, and work closely with the relevant agencies. The Legislation and Law Reform Division (LLRD) is the central legislative drafting offi ce EGD maintains a satellite offi ce in the CAD, to of Singapore. It drafts and vets Government provide on-the-spot legal advice to their Bills and subsidiary legislation to give eff ect to investigators, and to facilitate the disposition Government policies, and maintains the offi cial of cases involving complex economic crimes. Government website for online publication of legislation. The LLRD also identifi es and carries The DPPs of the Division are also concurrently out law reform projects through systematic State Counsel, and in that capacity represent research, study and consultation with the Attorney-General in judicial review of stakeholders. In addition, the LLRD assists the criminal matters and contempt cases, Law Revision Commission in revising preparing the necessary papers, arguing in legislation and publishing revised editions of court as well as having conduct of any appeals. the laws. The Chief Prosecutor of the Economic Crimes and Governance Division is Ms Mavis Chionh. The Parliamentary Counsel of the LLRD is Mr Charles Lim. E- International Aff airs Division

ASEAN Government Law Directory 115 LEGAL SERVICE IN MINISTRIES & the Singapore Legal Service and the STATUTORY BOARDS representative of the Attorney-General as legal adviser to MINDEF and the SAF. He is appointed 1- Legal Services, Ministry of Defence by the Armed Forces Council (on the advice of the Attorney-General) and is responsible for all Address: Legal Services, Ministry of Defence legal matters in the SAF. By virtue of his offi ce, 303, Gombak Drive the Director, Legal Services is also the Chief #B 1-20, Legal Services Military Prosecutor for the SAF. The current Singapore 669645 Director, Legal Services is Mr Hui Choon Kuen. Tel: (65) 67682492 Fax: (65) 6768 4433 2- Law Division, Inland Revenue Website: http://www.mindef.gov.sg/ Authority of Singapore (IRAS), Email: [email protected] Ministry of Finance

The Legal Services, Ministry of Defence Address: 55 Newton Road (MINDEF) provides legal support to MINDEF Revenue House and the Singapore Armed Forces (SAF) in legal Singapore 307987 matters. These include: Tel: (65) 6351 2028 Fax: (65) 6351 2077 advising on civil law, contracts, Website: http://www.iras.gov.sg/ international law and military law; Email: Liu_Hern_Kuan drafting legislation and regulations pertinent to MINDEF and the SAF; The Division renders legal advice to the other advising the Armed Forces Council on all divisions within the Inland Revenue Authority legal aspects of military discipline and of Singapore (IRAS) on the taxes administered personnel matters; by IRAS, of which the main ones are Income negotiating, drafting and vetting Tax, Goods and Services Tax, Property Tax, contracts and international law Stamp Duties and Casino Tax. Offi cers of the agreements; Division represent IRAS in various civil conducting military prosecutions; and proceedings before the tribunals (e.g. the raising awareness of legal issues through Income Tax Board of Review, the GST Board of briefi ngs, lectures and publications. Review and the Valuation Review Board) and courts, draft tax legislation, prosecute tax Director off enders, and institute various processes to The Director of Legal Services is a member of recover unpaid taxes. Besides advising on tax

ASEAN Government Law Directory 116 laws, legal offi cers in the Division also advise regulatory framework to foster a sound and on a broad range of legal issues aff ecting IRAS progressive fi nancial centre in Singapore, and

as a corporate entity. to maintain fi nancial stability. SINGAPORE

Chief Legal Offi cer GCO advises MAS as a whole but with special The Chief Legal Offi cer is Mr Liu Hern Kuan, emphasis on supervisory and regulatory who is a member of the senior management matters. This includes assisting in the review, team in IRAS. As Chief Legal Offi cer, Mr Liu formulation and development of legal and supervises the legal and tax matters conducted regulatory frameworks in accordance with by legal offi cers of the Law Division. He also international best practice. renders legal and tax advice on corporate and tax matters and appears as counsel for IRAS in Head tax related civil litigation cases before the As the General Counsel, Mr Ng Heng Fatt various tax tribunals, the High Court and the oversees all the activities in GCO. The work Court of Appeal. Mr Liu has authored and co- ethos of GCO is to perform as a dynamic team authored books on income tax and annotated of legal professionals in supporting MAS to Singapore tax statutes. fulfi l its mission and objectives. GCO aims to provide legal services of outstanding quality 3- General Counsel’s Offi ce, Monetary which are creative and solution-oriented, to Authority of Singapore (MAS) support MAS in developing Singapore as a world-class fi nancial centre. Address: 10 Shenton Way MAS Building 4- Accounting and Corporate Regulatory Singapore 079117 Authority (ACRA), Ministry of Finance Tel: (65) 6225 5577 Fax: (65) 6227 5453 Address: 10 Anson Road Website: http://www.mas.gov.sg/ #05-01/15 International Plaza Email: [email protected] Singapore 079903 Tel: (65) 6248 6028 The Monetary Authority of Singapore (MAS) is Fax: (65) 6225 1676 the central bank and the integrated supervisor Website: http://www.acra.gov.sg of the fi nancial services industry. The mission Email: http://appiqs.acra.gov.sg/iqs/ of the General Counsel’s Offi ce (GCO) is to ask_acra.asp provide proactive legal advice to MAS and, in particular, assist in developing a best practice

ASEAN Government Law Directory 117 The Accounting and Corporate Regulatory with access to such documents and Authority (ACRA) is the national regulator of information; businesses and public accountants in (d) To represent the Government Singapore. ACRA also plays the role of a internationally in matters relating to facilitator for the development of businesses the registration and regulation of and the public accountancy profession. business entities and public accountants; ACRA was established as a statutory board on (e) To promote public awareness about 1 April 2004, as a result of a merger between new business structures, compliance the then- Registry of Companies and requirements, corporate governance Businesses (RCB) and Public Accountants practice and any matter under the Board (PAB). purview of ACRA; and (f) To promote, facilitate and assist in the The mission of ACRA is to provide a responsive development of the accountancy and trusted regulatory environment for sector including study, report, make businesses and public accountants in recommendations to and advise the Singapore. Government on all matters relating to the development and promotion of ACRA’s main functions are: the accountancy sector.

(a) To administer the Accounting and Chief Executive Corporate Regulatory Authority Act, Ms Juthika Ramanathan is the Chief Executive the Accountants Act, the Business of ACRA. She is legally trained and also Registration Act, the Companies Act, appointed as the Registrar of Companies, and the Limited Liability Partnership Registrar of Businesses, Registrar of Public Act; Accountants, Registrar of Limited Liability (b) To report and make recommendations Partnerships and Registrar of Limited to, and advise the Government on, Partnerships, which are statutory appointments matters relating to the registration and made under the respective legislation. As the regulation of business entities and Chief Executive of ACRA, she directs and public accountants; oversees the operations of ACRA, formulates (c) To establish and administer a repository policies and considers law reforms related to of documents and information relating businesses and public accountants to ensure to business entities and public that the regulatory structure facilitates accountants and to provide the public businesses. In addition to her statutory

ASEAN Government Law Directory 118 appointments, Ms Juthika Ramanathan also legislation, press statements, contracts, serves as a member of the ACRA Board, the tenders and MOUs, review disciplinary cases

Accounting Standards Council, the Pro-Tem and appeals, vet executive detention orders, SINGAPORE Singapore Accountancy Council, the Corporate attend quasi-judicial hearings and perform Governance Council, the Corporate secretariat functions. Governance Regulatory Committee and the Executive Committee of the Corporate Senior Director Registers Forum (International). MHA Legal Division is headed by Senior 5- Legal Unit, Ministry of Home Aff airs Director/ Legal, Ms Teoh Ai Lin. She supervises a team of legal offi cers and support staff and Address: New Phoenix Park manages the operations of the Legal Division. 28 Irrawaddy Road Singapore 329560 6- Legal Services Department, Ministry Tel: (65) 64787010 of Manpower Fax: (65) 62546250 Website: http://www.mha.gov.sg/ Address: 18 Havelock Road, MOM Building Email: [email protected] #05-16, Singapore 059764 Tel: (65) 63171341 Legal Division, Ministry of Home Aff airs Fax: (65) 63171340 provides legal services and legal support to Website: http://www.gov.sg/mom/ the Ministry HQ divisions and the MHA Email: [email protected] agencies (the Singapore Police Force, Prisons, the Singapore Civil Defence Force, the The mission of the Legal Services Department Immigration and Checkpoints Authority, is to prosecute off enders for infringements Registry of Societies, the Internal Security under the Acts administered by the Ministry Department and the Home Team Academy) in and to provide legal advice and support to the the performance of their statutory functions various departments in the Ministry and its and duties. There are more than 50 statutes Statutory Boards. under the administration and policy oversight of MHA. The functions of the Department include: conduct of prosecutions; Besides providing legal advice on policy and advice the Ministry on legal issues in the operational matters, Legal Division offi cers vet conduct of enforcement activities and and draft amendments to statutes, subsidiary criminal matters;

ASEAN Government Law Directory 119 advice the Ministry and statutory boards legislation and the provision of legal advice/ (CPF Board, Workforce Development opinions on manpower issues, he also Agency) under the purview of the supervises a team of legal service offi cers who Ministry on legal issues arising out of assist in the provision of such services. policies and operational matters; Concurrently, he presides as the Commissioner provide legal advice, in particular, on under the Workmen’s Compensation Act and employment law, workmen Employment Act to adjudicate on workmen’s compensation claims, industrial compensation and employment terms matters relations and other manpower-related in the Labour Court. He is also a member of issues and commercial/ contractual various committees concerning the review of matters concerning the Ministry; legislation and policies in the Ministry. assist the Ministry in drafting and vetting of commercial documents, Cabinet 7- Legal Services Department, Central memos and other legal documents; Provident Fund Board (CPF), Ministry assist in the review and drafting of of Manpower legislation administered by the Ministry; assist and advise the Ministry on Address: 79 Robinson Road international labour/ manpower issues; CPF Building #32-00 and Singapore 068897 provide legal education. Tel: (65) 6229 3650 Fax: (65) 6224 5869 Director Website: http://www.cpf.gov.sg Mr Kenneth Yap was appointed as Director, Email: [email protected] Legal Services since 1 January 2010. Legal Services has a current strength of 45 staff The Central Provident Fund (CPF) Board is the including 5 support staff . He supervises the trustee of the CPF, and is a statutory board conduct of prosecutions under the various under the purview of the Ministry of Manpower. Acts administered by the Ministry which The CPF is a fully-funded defi ned contribution include the Employment of Foreign Manpower scheme with individualised accounts. Over the Act, the Employment Act, the Employment years, the CPF system has evolved into a Agencies Act, the Work Injury Compensation comprehensive social security savings scheme, Act and the Workplace Safety and Health Act providing for three essential elements of amongst others. Besides providing legal fi nancial security: retirement, healthcare and services to the Ministry, which includes the home ownership. The CPF Board’s mission is to drafting of legal documents, review of enable Singaporeans to have a secure

ASEAN Government Law Directory 120 retirement, through lifelong income, Fax: (65) 6226 3543 healthcare fi nancing and home fi nancing. Website: http://www.ura.gov.sg/

Email: [email protected] SINGAPORE The Legal Services Department (LSD) renders legal advice in support of the Board’s The Urban Redevelopment Authority (URA) is implementation of CPF policies. LSD’s the national planning authority of Singapore. functions include: Its mission is to make Singapore a great city to advising on CPF legislation and general live, work and play in. The URA carries out its law; mission by planning and facilitating the advising on divorce matters involving a physical development of Singapore, in division of CPF-related matrimonial partnership with the community to create a assets; vibrant, sustainable and cosmopolitan city of drafting, vetting and advising on distinction. agreements, deeds and various other documents; URA is a statutory board under the Ministry of drafting legislation for implementing National Development. This Ministry is various CPF policies and schemes; and responsible for Singapore’s physical providing legal education. development through long-term land-use planning, public housing, public works, urban Principal Legal Offi cer redevelopment, parks and recreation and other aspects of the physical development of LSD is headed by Ms Naina Parwani, Principal Singapore. URA has a crucial role in planning Legal Offi cer. She leads a team of legal offi cers the nation’s future. It prepares long-range, as in providing legal support and ensuring that well as more detailed, local area plans for CPF Board’s interests and objectives are legally physical development and then co-ordinates protected and achieved. and guides eff orts to bring these plans to reality. 8- Legal Department, Urban Redevelopment Authority (URA), The Legal Department within the Corporate Ministry of National Development Development Group of URA provides legal support and services to all Groups and Address: 45 Maxwell Road Departments of URA to ensure that the The URA Centre activities and functions of URA are eff ectively Singapore 069118 carried out on a sound legal basis, and that the Tel: (65) 6221 6666 interests and objectives of URA are legally

ASEAN Government Law Directory 121 protected and achieved. Its main areas of work and Government schools with advice on include giving legal advice on national legal matters arising in their day-to-day planning issues, reviewing and preparing operations, in areas such as Government legislation pertaining to URA work areas, and policies, the exercise of regulatory and preparing and vetting legal documents such statutory functions, intellectual as leases, building agreements, agency and property, personnel and fi nance matters; other contracts. assisting the Ministry in vetting and drafting contracts such as tenders, Deputy Director licences and other forms of agreements, as well as memoranda of understanding, The URA’s Legal Department is headed by a Cabinet Memoranda and other Deputy Director Ms Loretta Fung Wai Ling. She documents; is responsible for planning, directing and assisting the Ministry in its dealings with controlling the operations of the Legal the 10 statutory boards under its Department in the provision of legal support purview; and services for URA. providing advice on, and assisting in the review of, legislation administered by 9 Legal Services Branch, Ministry of the Ministry, and in the drafting and Education vetting of amendments thereto; and providing legal education. Address: 1 North Buona Vista Drive Level 3, T3 Legal Services, Director Singapore 138675 Ms Toh Hwee Lian was appointed as Legal Tel: (65) 6879 5855 Services Director in June 2009. She and her Fax: (65) 6879 7496 team of legal offi cers provide in-house legal Email: [email protected] advisory services to the Ministry and the team also serves as instructing solicitors to the The mission of the Legal Services Branch is to Attorney-General’s Chambers in litigation provide quick, accurate legal advice and cases involving the Ministry. assistance to the various departments in the Ministry Headquarters and to Government 10- Legal Branch, Ministry of Health schools. Address: 16 College Road The functions of the Branch include: College of Medicine Building providing the Ministry Headquarters Singapore 169854

ASEAN Government Law Directory 122 Tel: (65) 6325 9220 drafting and vetting of amendments Fax: (65) 6224 1677 thereto;

Email: [email protected] providing advice on legal issues arising SINGAPORE from regulatory and enforcement The mission of the Legal Branch is to provide activities and criminal matters; and quick, accurate and eff ective legal advice and conduct of prosecutions. assistance to the Ministry and its various departments. Deputy Director

The functions of the Branch include: Mr Stanley Kok was appointed as Deputy Director, Legal Branch in September 2011. providing the Ministry Headquarters and its various departments with inputs 11- Legal Services , Ministry of and comments on legal matters arising Information, Communication and from policies and day-to-day operations, the Arts in areas such as healthcare policies, biomedical research and ethics, ethical Address: 140 Hill Street (MICA building), standards for healthcare professionals 5th storey, and the exercise of regulatory and Singapore 179369 statutory functions; Tel: (65) 6837 9485 assisting the Ministry in vetting and Fax: (65) 6837 9444 drafting commercial documents such as Email: [email protected] tenders, licences and other forms of agreements, memoranda of Legal Services/MICA was established on 15 understanding and other legal June 2011 to provide legal advice and documents; assistance to all divisions and departments in assisting the Ministry with legal issues MICA on various matters arising in the course arising in its dealings with the statutory of their work. boards under its purview, as well as the It also assists these divisions and departments various professional boards responsible in the vetting and drafting of Bills and for the conduct and discipline of subsidiary legislation under the purview of the healthcare professionals; Ministry, and gives legal inputs on proposed providing advice on and assisting in the legislative amendments and policy matters. drafting, vetting and review of legislation It is currently headed by Ms Daphne Chang administered by the Ministry, and in the (Director, Legal Services/MICA).

ASEAN Government Law Directory 123 12- Legal Services, National Heritage under the charge of the NHB. Board Legal Services/NHB was established on 1 January 2011 and is currently headed by Mr Address: 61 Stamford Road #03-08 Eric Chin (General Counsel). Legal Services/ Stamford Road Singapore 178892 NHB provides legal advice to support all the Tel: (65) 6332 5493 programmes and activities of the museums, Fax: (65) 6332 3568 institutions and divisions of the NHB such as Email: [email protected] exhibitions, outreach and training programmes, seminars, merchandising and The National Heritage Board (NHB) is a publications. The legal work done includes statutory board under the Ministry of drafting agreements for the commissioning, Information, Communications and the Arts. Its acquisition or loan of artworks and artefacts mission is to foster nationhood, identity and and for joint projects on exhibitions, training, creativity through heritage and cultural multimedia applications and other forms of development while making heritage an collaboration with local and international enriching part of everyone’s life. The NHB partners. operates seven leading museums and heritage interpretative centres as follows:

Asian Civilisations Museum Memories at Old Ford Factory National Museum of Singapore Peranakan Museum Refl ections at Bukit Chandu Singapore Art Museum Singapore Philatelic Museum

The NHB also manages the National Archives of Singapore, which preserves and shares both public and private records of national or historical signifi cance; as well as the Heritage Conservation Centre that provides state-of- the-art conservation services. The identifi cation, preservation and protection of the national monuments of Singapore is also

ASEAN Government Law Directory 124 THAILAND THAILAND justice personnel based on the principle of good governance. MINISTRY OF JUSTICE Minister of Justice “Justice for All, All for Justice” H.E. Police General Pracha Promnog Tel.: 66 2 141 5409 Government Complex, , Fax: 66 2 143 9881 Rajaburi Direkriddhi Bldg., (Bldg. A) Chaeng Watthana Rd. Laksi , Secretary to the Minister of Justice Bangkok 10210, Thailand Mr. Thirachai Wutitham Tel.: 66 2 141 5128 Fax : 66 2143 8247 Tel.: 66 2 141 5408 Website: www.moj.go.th Fax: 66 2 143 9882

Ministry of Justice is the main organization in Advisor to the Minister of Justice justice system entrusted with the important Police Major General Kasem Ratanasunthorn missions that include: upholding, protecting Tel.: 66 2 141 4949 and promoting the rights and liberties and well-being of people at all levels; ensuring There are 10 agencies under the Ministry of public access to justice; specializing in the Justice belonging to two slightly diff erent suppression and investigation of special cases, categories: those under direct supervision of corruption as well as drugs related off enses; the Minister of Justice; and those under the developing standards for the application of regular control of the Ministry. forensic science and for the administration of the criminal justice for off enders, drugs users This section introduces the agencies under the and addicts; promoting restorative justice and fi rst category: namely the Offi ce of the Minister alternative dispute resolution process for the and the Offi ce of the Narcotics Control Board. public; enhancing the eff ectiveness of the execution of court’s ruling, depository of Offi ce of the Minister pro-perty, insolvency and business Ministry of Justice Government Complex, reorganization; promoting justice network in Rajaburi Direkriddhi Bldg., (Bldg. A), fl 9 all sectors of society; strengthening Chaeng Watthana Rd. Laksi , infrastructure for the legal and justice system Bangkok 10210, Thailand development based on study, research and Tel.: 66 2 141 6435 analysis; and developing standard for justice Fax: (66) 2143 9883 aff airs and justice administrations as well as Website: www.moj.go.th

ASEAN Government Law Directory 126 The Offi ce of the Minister serves as a supporting strategy in response to existing drug situation; unit to the Minister of Justice in administration administer drug control eff orts with rounded and political performances by coordinating approach; supervise, follow up and evaluate THAILAND with other Ministries on policy-matters; the national drug control eff orts in accordance conducting research and analysis; making with the national drug control strategy; recommendation; and reviewing petitions and administer drug law enforcement within the complaints submitted to the Minister for rule of law; perform crop monitoring along consideration. with sustainable development to reduce supply reduction; carry out asset seizure Offi ce of the Narcotics Control Board (ONCB) measures; act as a focal point of anti-drug campaigns and public relations and discharge Dindaeng Rd. other demand reduction activities; coordinate Payathai District with international communities and Bangkok 10400 Thailand organisations; carry out development of Tel. (66) 2 247 0901-9 human resources, technical support and website: www.oncb.go.th information technology on drug control work; and strengthen drug control networks among The Offi ce of the Narcotics Control Board acts communities, NGOs and POs as a national coordinating agency pertaining to well-rounded drug control matters in ONCB Secretary-General Thailand by monitoring and examining over The current secretary-general of the ONCB is the national drug epidemic; formulating Police General Adul Saengsingkaew. national drug control strategy; supervising Tel. (66) 2 245 9401 and directing drug law enforcement as stipulated in the codifi cation of drug control This section lists all agencies under the Ministry laws; managing drug control work ranging of Justice which belong to the second category. from supply reduction, sustainable development, crop monitoring to demand Offi ce of the Permanent Secretary of Justice reduction; and cooperating with international Ministry of Justice Government Complex communities and organisations in fi ghting Rajaburi Direkriddhi Bldg., (Bldg. A), fl 8 against illicit drugs. Chaeng Watthana Rd. Laksi , Bangkok 10210, Thailand Key roles and responsibilities of the ONCB Tel.: 66 2 141 include monitor the national drug epidemic; Fax: (66) 2143 8247 develop and review national drug control website: www.moj.go.th

ASEAN Government Law Directory 127 The Offi ce of the Permanent Secretary of guidelines for agencies in the justice process; Justice serves a central role in coordinating promoting collaboration on technical and policy development works of the Ministry by justice issues between both domestic and implementing and formulating the Ministry’s international agencies; and organizing forums policies and strategies; and also providing to give an opportunity for public hearing upon support to Provincial Justice Offi ces and the the development of law and justice process. Justice Service Link, which is set up to provide legal assistance, information to the public, and Director-General of the Offi ce to provide appropriate response to petitions of Justice Aff airs and complaints. The current Director-General of the Offi ce of Justice Aff airs is Mr. Vitaya Suriyawong Permanent Secretary of Justice Tel. (66) 2 141 3678 The current Permanent Secretary of Justice is Dr. Kittipong Kittayarak. Rights and Liberties Protection Department Tel. (66) 2 502 6887, (66) 2 502 6884 Government Complex Rajaburi Direkriddhi Bldg., (Bldg. A), fl 3 Offi ce of Justice Aff airs Chaeng Watthana Rd. Laksi, Government Complex Bangkok 10210, Thailand Ratthaprasasanabhakti Bldg.,(Bldg.B), fl 9 120 Cheangwattana Road, Thungsonghong, Chaeng Watthana Rd. Laksi , Laksi,Bangkok 10210, Thailand. Bangkok 10210, Thailand Telephone: (+66) 2 141 2999 Tel. (66) 141 3699 Fax: (+66) 2 143 9660 Fax: (66) 2 143 8933 website: www.rlpd.go.th website: www.oja.go.th E-mail: [email protected]

The Offi ce of Justice Aff airs serves a central The Rights and Liberties Protection agency in promoting integration and Department has the following roles and coordination among organizations in the responsibilities: developing the administration justice system to achieve the eff ectiveness of systems for the promotion and protection of the justice administration by developing the people’s rights and liberties by raising policy and justice system; conducting study public awareness of their own rights and research and evaluation of law enforcement; liberties; designing the systems and measures serving as secretariat of the National for assisting victims of crimes; providing Commission for Justice Administration fi nancial assistance for innocent injured Development in setting up the operation persons and victims of crime in criminal cases;

ASEAN Government Law Directory 128 promoting mechanisms for dispute settlement Department of Probation in the society; providing witness protection Government Complex service in criminal cases in accordance with Rajaburi Direkriddhi Bldg., (Bldg. A) 4th & 6th Fl., THAILAND the Witness Protection Act; coordinating with Cheangwattana Road, Laksi,Bangkok 10210, the public and private sectors at both national Thailand. and international levels on the protection or Telephone: (66) 2 141 4749 rights and liberties; and monitoring and Fax: (66) 2 143 8826 evaluating the eff orts to protect the rights and E-mail: infocenter@probation. go.th liberties. Website: www.probation.go.th

Director-General of the Rights and Liberties Responsibilities: The Department of Probation Protection Department is responsible for administering, by law, The current Director-General of the Rights probation sanction: social investigation, and Liberties Protection Department is supervision, rehabilitation, aftercare services Mr. Pithaya Jinawat in pre-trial, trial and post-trail stages of the Tel. (66) 2 141-2705,141-2707 criminal justice system; executing the drug rehabilitation in accordance with the Drug Legal Execution Department Addicts Rehabilitation Act; promoting the 189/1 Bang khunnon Rd., community-based corrections; developing Bangkok Noi District, system, measures and best practices for the Bangkok 10700 Thailand community-based treatment of off enders; Tel: (66) 2 881 4999 developing and administering the Department Website : www.led.go.th of Probation’s policy and operation plan to coincide with the Ministry of Justice’s as well as The Legal Execution Department provides monitoring and evaluating the work services regarding enforcement of judgments, performance of the Department’s agencies; administration of bankruptcy cases and enhancing, encouraging, cooperating and deposit of property. coordinating the community involvement in crime prevention and best practices for The current Director-General of the Legal off enders under supervision measure of the Execution Department is Department of Probation by means of Mr. Wisit Wisitsora-at. community justice network or others; and Telephone: (66) 2 435 7396, (66) 2 881 4800 operating any other duties and responsibilities Fax: (66) 2 433 6011 authorized by law and assigned by the Ministry E-mail: [email protected], [email protected] of Justice or the Cabinet.

ASEAN Government Law Directory 129 Director-General of the Department human resources and administrative system to of Probation comply with the standard of public The current Director-General of the administration. Department of Probation is Mr. Charnchao Chaiyanukij. Director-General of the Department of Tele 66 2 141 4929 Juvenile Observation and Protection Fax: 66 2 143 8800 The current Director-General of the Department of Juvenile Observation and Department of Juvenile Observation and Protection is Thawatchai Thaikeaw Protection Address: Government Complex Department of Corrections Rajaburi Direkriddhi Bldg., (Bldg. A) Address: Nonthaburi 1 Rd., Suan Yai District, 5th Fl., Cheang Watthana Rd, Muang District, Nonthaburi Province Laksi,Bangkok 10210, Thailand 11000 Telephone 0 2141 6473 – 4 Telephone: 662 967 2222 Fax 0 2143 8473 Fax: 662 967 2222 ext. 821 Website: www.djop.moj.go.th Email: foreign_aff [email protected] Website: www.correct.go.th Responsibilities : The Department of Juvenile Observation and Protection is responsible for Responsibility: The Department of Corrections promoting and protecting the rights and is responsible for taking-in custody and liberties of juvenile off enders; strengthening providing treatment for off enders according family and community; performing legal to the court sentences under the principles of proceedings in criminal and family cases; criminology, penology and in compliances carrying out the administration related to the with the UN Standard Minimum Rules for the protection and rehabilitation of juveniles; Treatment of Prisoners by providing the encouraging cooperation from the community; off enders with education, vocational training, establishing community network with public mental development and welfare in order to and private sectors at both domestic and rehabilitate and support them to be decent international level to enhance participation citizens to the society. and support in the juvenile justice system; conducting research and proposing legislation Director-General of Department related to protection of juvenile’s rights and of Corrections liberties as well as the system and procedures The current Director-General of the for juveniles cases and treatment; and develop Department of Corrections is Police Colonel

ASEAN Government Law Directory 130 Suchart Wong-ananchai, Central Institute of Forensic Science Telephone: 662 967 3333 Government Complex

Fax: 662 967 3335 Ratthaprasasanabhakti Bldg (Blg B), THAILAND 8th Floor (East),) Department of Special Investigation ChaengWathtana Rd, Laksi District, 128 Building, Moo 3, Chaeng Watthana Rd., Bangkok 10210 Thailand Tunmgsong-Hong Sub-District, Tel. (66) 2 142 3491-2 Lak-si District, Bangkok 10210 Website: www.cifs.moj.go.th Tel. (66) 2 831 9888 Fax: (66)2 975 9888 Responsibility: The Central Institute of website: www.dsi.go.th Forensic Science has the following duties and responsibilities: conducting and developing Responsibility: The Department of Special the data-base in forensic science; supporting Investigation (DSI) is a law enforcement agency the prevention and suppression of special specialized in the investigation of the criminal crimes; managing crime scene evidence as cases designated as “Special Cases” by the law. well as conducting crime scene investigation The missions of the DSI are to prevent, and postmortem in areas as requested by suppress, and control serious crimes, which inquiry offi cers; establishing integrated have adverse eff ects on the nation’s economy, network both at the domestic and international social stability, national security as well as levels; developing the central system of those unlawful activities that may pose a threat evidence examination up to international to international aff airs, in order to enhance standard; proposing the legislations and and maintain the public’s trust, confi dence, regulations related to forensic practices; acting and welfare. as a central agency in receiving petitions and complaints from injures person with the Director-General of the Department cooperation from the Department of Special of Special Investigation Investigation; promoting public awareness The current Director-General of the Department and cooperation regarding the role of forensic of Special Investigation is Mr.Tarit Pengdith science in justice process; and establishing the Tel. (66) 2 831 9888 Missing Person Identifi cation Centre and Fax: 0 2975 9888 National DNA Centre in order to integrate and E-mail: [email protected] develop the data base of all anti-crime agencies.

ASEAN Government Law Directory 131 Director-General of the Central Institute This section lists the agencies which are not of Forensic Science under the Ministry of Justice, but are under the The current Director-General of the Central supervision of the Minister of Justice. Institute of Forensic Science is Khunying Porntip Rojanasunan. Anti Money Laundering Offi ce (AMLO) Phayathai Rd., Patumwan, Offi ce of the Public Sector Counter Bangkok 10330 Thailand Corruption Commission Tel. (66) 2 219 3600 Ministry of Justice Building, Fax: (66) 2 219 3622 Software Park Building, Chaeng Wattana Rd., website: www.amlo.go.th Pak Kret, Nonthaburi, 11120 Thailand Tel. (66) 2 502 8299 Responsibility: The Anti Money Laundering Fax: (66) 2502 8289 Offi ce is responsible for the investigation of Website: www.moj.go.th fi nancial transactions and undertaking of all possible measures to stop money laundering Responsibility: The Offi ce of the Public Sector by taking action to prevent off enders from Counter Corruption Commission has been enjoying the proceeds derived from their recently established to conduct an criminal acts or corrupt activities; preventing investigation and inquiry to prevent and and suppressing the off enders of money suppress corruption in the public sector. The laundering in the public and private sectors at Offi ce is also mandated with the responsibilities both domestic and international levels; to promote public participation from all building and strengthening regional and sectors of the society in preventing and international cooperation amongst law suppressing corruption in the public sector; enforcement agencies through mutual legal and set up the standards of practices according assistance to fi ght money laundering. to the ethics of public sector offi cials. Secretary-General of the Anti Money Secretary-General of the Offi ce of the Public Laundering Offi ce Sector Counter Corruption Commission The current Secretary-General of the Anti Money The current Secretary-General of the Offi ce of the Laundering Offi ce is Pol. Col. Sihanart Prayoonrat Public Sector Counter Corruption Commission is Tel. (66) 2 219 3600 ext 3001 Pol.Col. Dutsadee Arayawuth Tel. (66) 2 502 8299 Offi ce of the Attorney General Email : [email protected] Na-huppei Rd., Phra Nakorn District, Bangkok, 10200 Thailand

ASEAN Government Law Directory 132 Tel.: (66) 2 224 1505, (66) 2 224 8666 Thai Bar Association Fax: (66) 2 224 1505 Address: 32/2-8 Moo 16 Kanjanapisek Road,

Website: www.attorney-general.go.th Khet Taling Chan, Bangkok 10170 THAILAND THAILAND Telephone: 66 2 887 6801-7 Responsibility: The Offi ce of the Attorney Fax: 66 2 887 6839 General is an independent agency responsible Website: www.thethaibar.org for criminal prosecution, provision of legal advice to state agencies, and representation of Responsibilities : government in court. Moreover, the OAG’s The Thai Bar under the Royal Patronage was other functions include administration of established in 1904 as an independent criminal justice, safeguarding national professional organization. The objects of the interests, protection of civil rights, provision of Thai Bar are generally to promote legal legal aid, research and legal development as education and legal profession; to maintain well as international cooperation in all criminal the honour and independence of the bar; and matters, especially extradition, mutual legal to strengthen good relations and assistance in criminal matters together with understanding within the legal profession. The international justice in all mutual legal concern Thai Bar is governed by an executive committee as the Attorney General being the Central know as the Bar Council which consists of the Authority of the Kingdom of Thailand. President, the Vice-President, the Honorary Secretary and directors representing diff erent Attorney General standings at the Bar. The President of the The current Attorney General is Mr. Chulasingh Supreme Court serves the President of the Thai Vasantasingh Bar while the President of the Court of Appeal Tel.: (66) 2 142 4598, (66) 2 224 7240, and the Attorney-General serve as Vice- (66) 2 142 1556 President. Fax (66) 2 224 7045 E-mail : [email protected] In 1948, the Institute of Legal Education Thai Bar Association was founded under the Finally the following section introduces a umbrella of the Thai Bar in order to provide number of independent agencies that are high quality training and professional entitled to receive support from the Ministry development of all lawyers to ensure the of Justice as provided by the law. highest standards of practice and ethical behaviors. Lawyer or graduated law student who can successfully pass the bar examination can be called “barrister-at-law”.

ASEAN Government Law Directory 133 President of the Thai Bar The Court of Justice Of Thailand The current president of Thai Bar Association is Hon. Chief Justice Sobchok Sukharomna, Directory of the Courts of Justice of Telephone: 66 2 887 6826 Thailand Fax : 66 2 887 6839 E-mail: [email protected] The Kingdom of Thailand adopts a democratic regime of government with the King as the The Lawyers Council Of Thailand Head of State and the Constitution is the Address : 7/89 Mansion 10, Rajdamnoen Avenue, supreme law of the state. The Constitution of Pranakorn District, Bangkok 10200, Thailand the Kingdom of Thailand vests that the trial Telephone : 662-629-1430 and adjudication of cases are the powers of Fax : 662-282-9908 the courts. Judges perform their duties in the E-mail : [email protected] name of the King assuring independence in Website : www.lawyerscouncil.or.th adjudication of cases in accordance with the law. Responsibilities : The Lawyers Council of Thailand (LCT) is a lawyers’ profession body The structure of the Courts of Justice is divided under the Lawyers Act B.E. 2528 (1985). LCT is into two parts: administration and adjudica- an independent public organization which has tion. Before August 20, 2000, the Ministry of the duty to provide legal aid to the public, Justice, responsible for the court administra- providing lawyers to represent the tion, was to provide supports including bud- underprivileged and providing legal advice to get, personnel and facilities. At present, the the people under distress as protection of Offi ce of the Judiciary, an independent organi- rights and liberties under the Constitution. LCT zation and a juristic person, is the organization is also the body to issue/revoke lawyer’s license responsible for the administration of the nationwide and take disciplinary action for Courts of Justice. This change will guarantee violation of lawyer Code of Ethics. independence of the Thai Judiciary from politi- cal interference. Secretary-General of the Lawyers Council Of Thailand With respect to adjudication in judicial service, The current President of the Lawyers Council the Courts of Justice have power to try and ad- Of Thailand is Mr. Dej-udom Krairit. judicate criminal, civil, bankruptcy and all cas- Tel. (66) 2 629 1430 es that are not under the jurisdiction of other types of courts. When there is a problem of whether a particular case will fall under the ju-

ASEAN Government Law Directory 134 risdiction of which type of courts, the Commis- courts, the offi ces of the court of justice of sion on Jurisdiction of Courts chaired by the region headed by the chief judges of that

President of the Supreme Court is authorized particular region, is responsible for the courts THAILAND by the Constitution to make a decision. Such in the region in some extents. In the case decision is fi nal. where the offi ce of the court of justice of a region becomes vacant or the chief judge’s The Courts of Justice are classifi ed into three inability to perform offi cial duties, the Presi- levels comprising the court of fi rst instances, dent of the Supreme Court will appoint a judge the courts of appeal and the Supreme Court. to be the chief judge of the offi ce of the court The Courts of Justice have occasionally devel- of justice of that region. oped effi ciency in handling cases. The devel- opments fall into three ways, i.e., increase of A chief judge of any region is regarded as a number of courts, emergence of special divi- judge of any court within the region having sions and branches in courts, establishment of judicial power to try and adjudicate specifi c specialized courts and promotion of alterna- cases, such as cases concerning off ences tive dispute resolution by setting up the Dis- against public security, serious criminal off enc- pute Resolution Offi ce. es, cases with large amount of claim and con- tempt of court. When it is necessary, the chief The courts of fi rst instance are categorized as judge of the region has power to order a judge general courts, juvenile and family courts and in the region who shall also agrees to work specialized courts. The general courts are em- temporarily for not exceeding three months in powered to try and adjudicate typical criminal another general court. The chief judge, how- and civil cases. Those courts are the Civil Court, ever, shall inform the President of the Supreme the Criminal Court, the Bangkok South Civil Court immediately concerning such order. Court, the Bangkok South Criminal Court, the The list below is for the key general courts Thon Buri Civil Court, the Thon Buri Criminal located in Bangkok Metropolitan: Court, provincial courts and municipal courts. Civil Courts In the general courts, except the municipal Under Thai law, the plaintiff shall bring a civil courts, at least two judges form a quorum. An litigation to the court where the cause of appeal against a judgment on questions of law action arises or where the defendant is domi- and, subject to some conditions, questions of ciled. Where an immovable property is fact or an order of the general courts lies to the involved, the plaintiff shall bring a lawsuit to courts of appeal. With respect to the adminis- the court where such property is located, or tration of the provincial courts and municipal where the defendant is domiciled. In Bangkok,

ASEAN Government Law Directory 135 the court of fi rst instance having jurisdiction Chief Judge of the Bangkok South Civil over civil litigation include the Civil Court, the Court Bangkok South Civil Court, the Thon Buri Civil Mr. Chaiyuth Srijumnong Court, the Min Buri Provincial Court, the Taling Tel.: 66 2211 5654 Chan Provincial Court and the Phra Khanong Fax: 66 2210 4570 Provincial Court depending on a certain dis- trict where the cause of action arises or where The Thon Buri Civil Court the defendant is domiciled. However, the Civil Address: Ekachai Road., Jomthong, Bangkok Court has full discretion either to try and adju- 10150, Thailand dicate civil cases occurring outside its territo- Tel. 66 2415 0040-44 rial jurisdiction or to transfer the cases to a par- Fax: 66 2416 7146 ticular court having territorial jurisdiction. E-mail: [email protected] Website: www.civiltbc.coj.go.th The Civil Court Address: Court Complex, Ratchadapisek Rd., Chief Judge of the Thon Buri Civil Court Chatuchak, Bangkok 10900, Ms. Boonmee Thitasiri Thailand Tel.: 66 2415 1434 Telephone 66 2541 2420-9 Fax: 66 2416 7146 Fax: 66 2541 2383 E-mail: [email protected] Criminal Courts Website: www.civil.coj.go.th As regards criminal cases, the court in a district where an off ence has been committed, alleged Chief Judge of the Civil Court or believed to have been committed, or where Mr. Kasem Kasempanya an accused is domiciled or arrested, or where Tel.: 66 2541 2521 an inquiry offi cial making an inquiry has juris- Fax: 66 2541 2520 diction over the cases. In Bangkok, courts of fi rst instance handling criminal litigation The Bangkok South Civil Court include the Criminal Court, the Bangkok South Address: Charoenkrung 63 Road, Satorn, Criminal Court, the Thon Buri Criminal Court, Bangkok 10120, Thailand the Min Buri Provincial Court, the Taling Chan Telephone 66 2210 4005-6 Provincial Court and the Phra Khanong Provin- Fax: 66 2210 4530 cial Court depending on a certain district E-mail: [email protected] where an off ence has been committed, alleged Website: www.scvcourt.com or believed to have been committed, or where an accused is domiciled or arrested, or where

ASEAN Government Law Directory 136 an inquiry offi cial making an inquiry. The Crim- The Thon Buri Criminal Court inal Court also has discretion either to try and Address: Ekachai Road, Jomthong, Bangkok adjudicate criminal cases arising outside its 10150, Thailand THAILAND territorial jurisdiction or to transfer the cases to Telephone 66 2416 7246 Fax: 66 2415 3383 a particular court having territorial jurisdiction E-mail: [email protected] over such cases. Website: www.crimtbc.go.th

The Criminal Court Chief Judge of the Thon Buri Criminal Court Address: Court Complex, Ratchadapisek Mr. Vacharin Patjekvinyusakul Road, Chatuchak, Bangkok 10900, Tel.: 66 2415 1855 Thailand Fax: 66 2415 3383 Tel.: 66 2541 2284-91 Fax: 66 2541 22042 Municipal Courts E-mail: [email protected] The primary function of municipal courts is to Website: www.crimc.coj.go.th dispose of small cases quickly with a minimum formality and expense. The jurisdiction of Chief Judge of the Criminal Court these courts covers both criminal and civil Mr. Boon Tapanadul matters. Criminal litigation under municipal Tel.: 66 2541 0191 courts involves any criminal off ences punish- Fax: 66 2541 2141 able by a maximum of three years imprison- ment, or fi ne not exceeding 60,000 Baht or The Bangkok South Criminal Court both. For civil litigation, the amount of claims Address: Charoenkrung 63 Road, Satorn, shall not exceed 300,000 Baht. The proceeding Bangkok 10120, Thailand in municipal courts is emphasized on the Telephone 66 2210 9200 speedy trial, therefore, the trial is uncompli- Fax: 66 2210 9233 cated and oral judgment or summarized judg- E-mail: [email protected] ment can be rendered. There are currently 26 Website: www.crimsb.coj.go.th municipal courts throughout the country and 5 of those are in Bangkok. Chief Judge of the Bangkok South Criminal Court Provincial Courts Mr. Wichai Eua-angkanakul Provincial courts exercise unlimited jurisdic- Tel.: 66 2210 9210 tion in all normal civil and criminal matters Fax: 66 2210 9233 within their own provincial districts. For the purpose of expansion of services of the court

ASEAN Government Law Directory 137 to remote areas, some provinces may have Tel.: 66 2622 0763 more than one provincial court. Each provin- Fax: 66 2622 0763 cial court has a Chief Judge who is the head and responsible for the judicial matters. The Specialized Courts director of the administrative offi ce of a par- There are 4 specialized courts in Thailand in- ticular provincial court is responsible for court cluding the labour court, the tax court, the in- administration, under supervision of the Chief tellectual property and international trade Judge. At present, there are 110 provincial court and the bankruptcy court. The establish- courts nationwide. ment of the specialized court is to ensure that legal diffi culties concerning specifi c or techni- Juvenile and Family Courts cal issues will be solved by a judge who pos- sesses extensive knowledge of specifi c mat- The juvenile and family courts consist of the ters. Central Juvenile and Family Court and the A quorum of two specialized courts, namely, provincial juvenile and family courts. In order the intellectual property and international to form a quorum, two career judges and two trade court and the labour court consists of lay judges, provided that one of them shall be both career judges and lay judges. A lay judge a woman. An appeal against a judgment or or- is a layman recruited to work with career judg- der of juvenile and family courts lies to the es in adjudication of cases. At present, a single courts of appeal. At present, 77 juvenile and specialized court comprises the Central Tax family courts conduct adjudication and judg- Court, the Central Intellectual Property and In- ment over juvenile and family matters through- ternational Trade Court and the Central Bank- out the country. ruptcy Court. Except the labour courts that consist of the Central Labour Court and the The Central Juvenile and Family Court Labour Court of Region I – IX. An appeal against Address: Rachinee Road, Pranakorn, Bangkok the judgment or order of a certain specialized 10200, Thailand court can be submitted directly to the Su- Tel. 66 2221 3161-70 preme Court where specialized divisions are Fax: 66 2225 2134 established, namely, the Labour Division, the E-mail: [email protected] Tax Division, the Intellectual Property and In- Website: www.jvnc.coj.go.th ternational Trade Division and the Bankruptcy Division within the Supreme Court. Chief Judge of the Central Juvenile and Family Court The Central Labour Court Mrs. Pussapa Panomyunt Address: Rama IV Road, Bangrak, Bangkok

ASEAN Government Law Directory 138 10500, Thailand Chief Judge of the Central Intellectual Tel: 66 2235 2471 Property and International Trade Court

Fax: 66 2237 8269 Mr. Maitree Sutapakul THAILAND E-mail: [email protected] Tel.: 66 2354 5106 Website: www.lbc.coj.go.th Fax: 66 2644 7213

Chief Judge of the Central Labour Court The Central Bankruptcy Court Mr. Somchit Thongsri Address: Government Complex Commemorating Tel.: 66 2235 2476 H.M. the King’s 80 Birthday Anniversary Fax: 2237 8269 Building A., Floor 2 – 4, Laksi, Bangkok 10210, Thailand The Central Tax Court Tel: 66 2286 1270 Address: Court Complex, Ratchadapisek Fax: 66 2433 1581 Road, Chatuchak, Bangkok 10900, E-mail: [email protected] Thailand Website: www.cbc.coj.go.th Tel: 66 2541 2420 Fax: 66 2541 2542 Chief Judge of the Central Bankruptcy E-mail: [email protected] Court Website: www.taxc.coj.go.th Mr. Anan Wongpraparatana Tel.: 66 2141 1643 Chief Judge of the Central Tax Court Fax: 66 2148 8700 Mr. Chantavat Voratat Tel.: 66 2541 2538 Courts of Appeal Fax: 66 2541 2542 Courts of appeal consist of the Court of Appeal and the Court of Appeal Region I – IX. The The Central Intellectual Property and Court of Appeal handles an appeal against the International Trade Court judgment or order of all courts of fi rst instance Address: Government Complex Commemorating located in Bangkok, except the specialized H.M. the King’s 80 Birthday Anniversary courts. Meanwhile, the 9 regional courts of ap- Building A., Floor 5 – 7, Laksi, peal handle an appeal against the judgment or Bangkok 10210, Thailand order of all courts of fi rst instance within cer- Tel.: 66 2354 5150 tain respective region. This means that the ju- Fax: 66 2644 7213 risdictions of the regional courts of appeal E-mail: [email protected] shall be consistent with the jurisdictions of the Website: www.ipitc.coj.go.th courts of fi rst instance in the same region.

ASEAN Government Law Directory 139 The Court of Appeal also has the power to try The President of the Court of Appeal Region I and adjudicate cases relevant to election and Ms. Ploenchit Tungpulsakpul revocation of election rights in the election of Tel: 66 2541 2880 local councils and local administrators. Each Fax: 66 2541 2980 court of appeal is headed by the president of the court assisted by vice-presidents of the The Court of Appeal Region II court. At least three justices form a quorum. Address: Sukhumvit Road, Noen Phra Sub- Each court of appeal has a research justice District, Mueang District, division that is to assist justices of the courts of Rayong Province 21000, Thailand appeal by examining of all relevant factual and Tel: 66 3861 0545-50 legal issues of the cases and conducting legal Fax: 66 3861 0556 researches to ensure uniformity and fair results. E-mail: [email protected] Website: www. appealc2.coj.go.th The Court of Appeal Address: Court Complex, Ratchadapisek The President of the Court of Appeal Region II Road, Chatuchak, Bangkok 10900, Mr. Chartchai Akkaravibul Thailand Tel: 66 3861 0555 Tel: 66 2541 2436-50 Fax: 66 3861 0553 Fax: 66 2512 8307 E-mail: [email protected] The Court of Appeal Region III Website: www.appealc.coj.go.th Address: Court Complex, Ratchadapisek Road, Chatuchak, Bangkok 10900, President of the Court of Appeal Thailand Mr. Chaisit Trachoetham Tel: 66 2541 22284-91 Tel: 66 2541 2621 Fax: 66 2512 8353 Fax: 66 2541 2628 E-mail: [email protected] Website: www. appealc3.coj.go.th The Court of Appeal Region I Address: Court Complex, Ratchadapisek The President of the Court of Appeal Region III Road, Chatuchak, Bangkok 10900, Mr. Surasak Keereevichien Thailand Tel: 66 2541 2348 Tel: 66 2541 2436-55 Fax: 66 2512 8353 Fax: 66 2513 0714 E-mail: [email protected] The Court of Appeal Region IV Website: www.appealc1coj.go.th Address: Court Complex, Ratchadapisek

ASEAN Government Law Directory 140 Road, Chatuchak, Bangkok 10900, The President of the Court of Appeal Region VI Thailand Mr. Borworn Kulthanan

Tel: 66 2541 2436-50 Tel: 66 2512 8310 THAILAND Fax: 66 2541 0157 Fax: 66 2512 8309 E-mail: [email protected] Website: www. appealc4.coj.go.th The Court of Appeal Region VII Address: Court Complex, Ratchadapisek Road, The President of the Court of Appeal Region IV Chatuchak, Bangkok 10900, Thailand Mr. Preeda Phoonkam Tel: 66 2541 2106-14 Fax: 66 2512 8395 Tel: 66 2541 2714 E-mail: [email protected] Fax: 66 2541 0157 Website: www. appealc7.coj.go.th

The Court of Appeal Region V The President of the Court of Appeal Region VII Address: 242 Superhighway Road, Wat Ket Mr. Chaiwat Viengteerawat Sub-District, Mueang District 50000, Tel: 66 2512 8390 Chiang Mai Province, Thailand Fax: 66 2512 8340 Tel: 66 5392 1940 Fax: 66 5392 1943 The Court of Appeal Region VIII E-mail: [email protected] Address: Court Complex, Ratchadapisek Website: www.appealc5coj.go.th Road, Chatuchak, Bangkok 10900, Thailand The President of the Court of Appeal Region V Tel: 66 2541 2436-50 Mr. Sriamporn Saligupta Fax: 66 2541 2760 Tel: 66 5392 1999 E-mail: [email protected] Fax: 66 5392 1948 Website: www.appealc8.coj.go.th

The Court of Appeal Region VI The President of the Court of Appeal Region VIII Address: Court Complex, Ratchadapisek Mr. Eakachai Chinnapongse Road, Chatuchak, Bangkok 10900, Tel: 66 2541 2753-4 Thailand Fax: 66 2541 2757 Tel: 66 2541 2109-10 Fax: 66 2512 8275 The Court of Appeal Region IX E-mail: [email protected] Address: Ekachai Road, Jomthong, Bangkok Website: www. appealc6.coj.go.th 10150, Thailand Tel: 66 2416 0756

ASEAN Government Law Directory 141 Fax: 66 2416 0329 becoming unusual wealthy, committing mal- E-mail: [email protected] feasance specifi ed in the Criminal Code, per- Website: www.appealc9.coj.go.th forming duties dishonestly or being corrupted. During trial, a member or the House of Repre- The President of the Court of Appeal Region IX sentative or a senator will be unable to claim Mr. Pinij Sai Sa-ard the immunity. The quorum of the Division Tel: 66 2416 2646 comprises nine justices of the Supreme Court Fax: 66 2416 0166 whom will be selected by a plenary session of the Supreme Court on a case by case basis. A The Supreme Court judgment shall be made by a majority of votes, The Supreme Court is the fi nal court of appeal provided that each justice constituting the for all cases. The Supreme Court consists of the quorum shall prepare a written opinion and President a maximum of six Vice-Presidents, give oral statement in the case deliberation. the Secretary and Justices. The President of the The judgment of the Division becomes fi nal Supreme Court is also the head of the Courts except when there is new evidence. In such of Justice. The Supreme Court also has the Re- case, the appeal shall be fi led with the plenary search Justice Division that functions similar to session of the Supreme Court. the research justice divisions in the courts of appeal. The Supreme Court 6 Ratchadamnoen Nai Road, Phra Nakhon, At least three justices of the Supreme Court Bangkok 10200, Thailand form a quorum. The Court may, however, sit in Tel. 66 2221 3161-70 a plenary session to determine cases that have Fax: 66 2226 6005 exceptional impotence and have reasons for E-mail: [email protected] reconsideration or overruling of its own prec- Website: www.supremecourt.or.th edents. The quorum for the plenary session is no less than half of the total number of justices President of the Supreme Court in the Supreme Court. Mr. Sobchock Sukharomna Tel. 66 2224 1465 The Criminal Division for Persons Holding Po- Fax: 66 2224 1440 litical Position was set up as a result of the 2007 Constitution in order to act as a trial court in a Vice- President of the Supreme Court case where the Prime Minister, a minister, a Mr. Withawit Hirunruchipong member of the House of the Representative, a Tel. 66 2225 0521 senator or other political offi cial is accused of Fax: 66 2225 7369

ASEAN Government Law Directory 142 Mr. Oung-art Rojanasupot sions. The central administration comprises 12 Tel. 66 2226 4386 offi ces and 6 divisions. In the regional adminis-

Fax: 66 2225 0520 tration, there are 9 administrative offi ces of the THAILAND ML. Riddhidheb Davakul courts of justice region I – IX and 248 court Tel. 66 2224 1516 administrative offi ces nationwide. Undertak- Fax: 66 2224 6443 ing administration of personnel and budget of the Courts of Justice, the Offi ce of the Judiciary Mr. Montri Yodpanya has done through three commissions, namely, Tel. 66 2224 1488 the Judicial Commission, the Judicial Adminis- Fax: 66 2221 0477 tration Commission and the Commission for Judicial Service. Mr. Pairoj Wayuparb Tel. 66 2224 1489 The Offi ce of the Judiciary Fax: 66 2225 0644 Address: Court Complex, Criminal Court Building, Ratchadapisek Road, Mr. Peerapol Pichayawat Chatuchak, Bangkok 10900, Thailand Tel. 66 2225 0519 Tel. 66 2541 2861 Fax: 66 2225 0646 Fax: 66 2512 8468 E-mail: [email protected] The Offi ce of the Judiciary Website: www.coj.go.th Under the Constitution, the Offi ce of the Judi- ciary is an independent secretariat of the Secretary-General Courts of Justice. The Offi ce of the Judiciary is Mr. Wirat Chinwinigkul headed by the Secretary-General who will re- Tel. 66 2541 2307 port directly to the President of the Supreme Fax: 66 2541 2306 Court. The Secretary-General shall be appoint- ed from a career judge under approval of the Deputy Secretary-General Judicial Commission. In the process of ap- Mr. Sarawut Benjakul pointment of the Secretary-General, the Presi- Tel. 66 2541 2315 dent of the Supreme Court is empowered to Fax: 66 2541 2317 instate and proceed to the King for the Royal Command of Appointment. The Offi ce of the Mrs. Siriporn Kruapu Judiciary has autonomy in personnel adminis- Tel. 66 2541 2044 tration, budget and other activities provide by Fax: 66 2541 2044 law. It is divided into several offi ces and divi-

ASEAN Government Law Directory 143 Mr. Banharn Chongcharoenprasert The Administrative Court is an independent ju- Tel. 66 2541 2270 dicial organization separated from the Court of Fax: 66 2541 2313 Justice. The Court has the competence to try and adjudicate the case involving a dispute The Constitutional Court of Thailand between administrative agency or State offi - Address : Government Complex cial and private individual, either a dispute be- Rajaburi Direkriddhi Bldg., (Bldg. A) tween an administrative agency, a State offi - Cheang Watthana Rd, cial themselves in connection with: Laksi,Bangkok 10210, Thailand the issuance of a rule or order or in Telephone: 0-2141-7777 connection with other unlawful acts, Fax: 0-2143-9522 the negligence offi cial duties required E-MAIL: [email protected] by the law to performed or performing Website : http://www.constitutionalcourt.or.th such duties with unreasonable delay, a wrongful act or other liabilities arising Responsibilities : The Constitutional Court of from the exercise of power under the the Kingdom of Thailand has powers and du- law or from a law, an order, ties in adjudicating and ruling constitutional neglecting of offi cial duties or the cases. performance of such duties with unreasonable delay, Administrative : Mr. Chaowana Traimas the case involving a dispute in relation Secretary-General of offi ce of the Constitu- to an administrative contract, tional Court. the case prescribed by law to be Telephone : 0-2141-7777 submitted to the Court by an Fax: 0-2143-9522 administrative agency or State offi cial E-MAIL: [email protected] for mandating a person to do a particular act or refraining there from. The Administrative Court of Thailand Address 120 Moo 3, Chaeng Watthana Rd., The administrative case is normally initiated in Laksi, Bangkok 10210, Thailand an Administrative Court of First Instance. An Telephone (66)-2141-1111 appeal made against a judgment or order of Fax (66)-2143-9822 an Administrative Court of First Instance is to Hotline 1355 be fi led directly at the Supreme Administrative Website www.admincourt.go.th Court. Responsibilities

ASEAN Government Law Directory 144 VIETNAM VIETNAM Deputy Minister of Justice H.E. Ms. Nguyen Thuy Hien MINISTRY OF JUSTICE Deputy Minister of Justice No 58-60 Tran Phu Street, Ha Noi, H.E. Mr. Pham Quy Ty Vietnam Tel: 844-62739321 The organisations and units assisting the Fax: 844-6279360 Minister in performing the State management Website: www.moj.gov.vn functions include:

The Ministry of Justice is the government Department of International Cooperation agency performing the state management over legislative work and execution, law Director: document supervision, law dissemination and Mr. Nguyen Khanh Ngoc education, civil judgment execution, judicial Deputy Directors: administration, legal support and other judicial Ms. Ha Phuong Lan, Ms. Dang Hoanh Oanh, activities nationwide; and public services in Ms. Nguyen Thi Hao the branches or domains under the Ministry’s Tel: 844-62739525 state management. Fax: 844-62739359

MINISTERIAL LEADINGS The Department of International Cooperation is an agency attached to the Ministry of Justice Minister of Justice that has functions to assist the Minister of H.E. Mr. Ha Hung Cuong Justice in undertaking the unifi ed management of cooperation activities with foreign countries Deputy Minister of Justice in legislation and justice; be a focal point for H.E. Mr. Hoang The Lien undertaking external aff airs of the Ministry as prescribed legislation. Deputy Minister of Justice H.E. Mr. Dinh Trung Tung Department of International Law Director: Deputy Minister of Justice Dr Hoang Phuoc Hiep H.E. Mr. Nguyen Van Chinh Deputy Directors: Mr. Hoa Huu Long, Mr. Bach Quoc An and Mr. Nguyen Thanh Tu

ASEAN Government Law Directory 146 Tel: 844-62739445 Standing Director: Fax: 844-62739359 Ms. Nguyen Thi Kim Thoa

Deputy Directors: VIETNAM The Department of International Law is an Mr. Nguyen Van Hoan agency attached to the Ministry of Justice that Tel: 844-62739405 has functions to assist the Minister of Justice in Fax: 844-62739359 undertaking the development of and participation in developing laws and The Department of Criminal and Administrative appraising projects, drafts of international Legislation is an organization attached to the treaties, agreements and legal normative Ministry of Justice that has functions to assist documents relating to international legislation the Minister of Justice in undertaking the in accordance with legal regulations. development of, taking part in formulation of legislation and in appraisal of projects, drafts Department of General Aff airs on Legislative of legal normative documents on criminal Development matters, criminal procedures, administration, state apparatus, public aff airs, non- Director: governmental organizations and security, Mr. Le Thanh Long national defence; to perform administrative Deputy Directors: reform under the Ministry’s competence in Mr. Vo Van Tuyen and Mr. Nguyen Hong Tuyen accordance with legal regulations. Tel: 844-62739385 Fax: 844-62739359 Department of Civil and Economic Legislation The Department of General Aff airs on Legislative Development is a body under the Director: Mr. Duong Dang Hue Ministry of Justice that performs the advisory Deputy Directors: Mr. Luong Duc Tuan and Mr. function to the Minister in state management Nguyen Am Hieu over legislative development, law implemen- Tel: 844-62739425 tation, and management over departments/ Fax: 844-62739359 units of legal aff airs under government agencies in accordance with law. The Department of Economic-Civil Legislation is an organization attached to the Ministry of Department of Criminal and Administrative Justice that has functions to assist the Minister Legislation of Justice in undertaking the development and appraisal of projects, drafts of legal

ASEAN Government Law Directory 147 normative documents on civil, economic Tel: 844-62739485 matters; state management over legal support Fax: 844-62739359 for enterprises and the Club of enterprise legislation in accordance with legal regulations. The Department of Judicial Administration is an organization attached to the Ministry of Department of Law Dissemination Justice that has functions to assist the Minister and Education of Justice in undertaking the State mana- gement over the fi eld of judicial administration Director: including civil status, nationality, judicial Mr. Nguyen Duy Lam records and certifi cation. Deputy Directors: Ms. Nguyen Thi To Hoa and Ms. Nguyen Thi Hoa Department of Judicial Support Tel: 844-62739465 Fax: 844-62739359 Director: Ms. Do Hoang Yen The Department of Legal Dissemination and Deputy Directors: Education is an agency attached to the Ministry Mr. Nguyen Van Bon, Ms. Nguyen Thi Minh of Justice that has functions to advise, assist and Mr. Nguyen Khai Hung the Minister of Justice in undertaking the state Tel: 844-62739507 management in legal dissemination and Fax: 844-62739359 education, conciliation at grassroots level, and management, exploitation of legal bookcases The Department of Judicial Support is an in communes, wards, towns, organizations, agency attached to the Ministry of Justice that units, enterprises, schools; management of has functions to assist the Minister of Justice in press, publishing work of the Ministry, and undertaking the state management in judicial undertaking dissemination programs on support including lawyers, legislation justice sector. consultancy, judicial verifi cation, notarying, asset auction, commercial arbitration Department of Judicial Administration Department of Planning and Finance Director: Mr. Tran That Director: Deputy Directors: Mr. Nguyen Dinh Tap Mr. Nguyen Quoc Cuong and Deputy Directors: Mr. Nguyen Van Toan Mr. Pham Van Trong, Ms. Le Hai Yen,

ASEAN Government Law Directory 148 Mr. Nguyen Tien Hung Mr. Nguyen Van Luyen Tel: 844-62739547 Deputy General Directors:

Fax: 844-62739359 Mr. Nguyen Thanh Thuy, Mr. Hoang Sy Thanh VIETNAM and Mr. Nguyen Van Son The Department of Planning and Finance is an Tel: 844-62739597 organization attached to the Ministry of Justice Fax: 844-62739359 assisting the Minister in performing the State management over planning and statistics; The General Department of Civil Judgment fi nance and accountancy; management and Enforcement is an organization attached to use of State’s assets and investment in capital the Ministry of Justice which performs the construction of the Ministry of Justice functions of assisting the Minister of Justice in according to provisions of law. exercising the uniform management over civil judgment enforcement nationwide; exercising Department of Personnel and Organization specialized management over civil judgment enforcement as stipulated by law. Director: Dr. Tran Van Quang Department of Examination of Legal Deputy Directors: Normative Documents Mr. Dinh Van Loc, Mr. Hoang Ngoc Thinh, Mr. Nguyen Do Kien and Ms. Phan Thi Hong Ha Director: Tel: 844-62739365 Mr. Le Hong Son Fax: 844-62739359 Deputy Directors: Ms. Mai Thi Hoa and Mr. Dong Ngoc Ba The Department of Personnel and Organization Tel: 844-62739655 is an organization attached to the Ministry of Fax: 844-62739359 Justice assisting the Minister in performing the State management over organizational The Department of Examination of Legal apparatus; payroll; offi cials, public employees Normative Documents is an organization and servants; training and fostering under the attached to the Ministry of Justice which scope of management of the Ministry. performs the functions of assisting the Minister in exercising the uniform management over General Department of Execution of Civil examination, review and systematization of Judgments legal normative documents; examining legal normative documents within the examining General Director: competence of the Ministry of Justice;

ASEAN Government Law Directory 149 organizing the review and systematization of Ministry of Justice which performs the legal normative documents according to the functions of assisting the Minister in exercising provisions of law. the uniform management over registration of secured transactions; organizing the Department of Emulation and registration of and information supply for Commendation secured transactions and other cases according to the provisions of law. Director: Mr. Nguyen Ba Yen National Legal Aid Agency Deputy Directors: Mr. Pham Thai Ha, Mr. Le Van Duyen Director: and Mr. Nguyen Anh Tuan Ms. Ta Minh Ly Tel: 844-62739565 Deputy Directors: Fax: 844-62739359 Mr. Tran Huy Lieu, Mr. Cu Thu Anh and Mr. Tran Quang Dai The Department of Emulation and Tel: 844-62739635 Commendation is a body under the Ministry of Fax: 844-62739359 Justice that performs the advisory function to the Minister in state management over the The National Legal Aid Agency is a body under cause of emulation and commendation that the Ministry of Justice that performs the fall into the Ministry’s jurisdiction in accordance advisory function to the Minister in state with law. management over legal aid in the national dimension; in implementation of professional Department of National Registry of Secured management on legal aid in accordance with Transactions law.

Director: Department of Child Adoption Mr. Vu Duc Long Deputy Directors: Director: Mr. Tran Dong Tung and Mr. Pham Tuan Ngoc Mr. Nguyen Van Binh Tel: 844-62739675 Vice Directors: Fax: 844-62739359 Mr Nguyen Cong Khanh and Ms. Le Thi Hoang Yen The Department of National Registry of Tel: 844-62739695 Secured Transactions is an organization of the Fax: 844-62739359

ASEAN Government Law Directory 150 The Department of Child Adoption is an Director: organization of the Ministry of Justice which is Mr. Le Hong Son established on the basis of the Department of Deputy Directors: VIETNAM International Child Adoption, and which Mr. Dam Van Tuan, Mr. Tran Tien Dung performs the functions of assisting the Minister and Mr. Do Duc Hien in excercising the State management over Tel: 844-62739321 adoption; handling matters related to child Fax: 844-62739359 adoption involving foreign elements according to the provisions of law. The Offi ce of the Ministry of Justice is a body under the Ministry of Justice that performs the Inspectorate advisory function to the Minister in leading, guiding, monitoring and management over Director: the activities of the Ministry, the Branch; in Mr. Ha Ke Vinh formulation, synthesization, monitoring and Deputy Directors: supervision over the performance of the Mr. Nguyen Hong Dien, Mr. Nguyen Thang Loi Ministry, of the Branch; It shall organize the and Mr. Hoang Quoc Hung performance of administrative work, to Tel: 844-62739575 manage the in-and-out documents; to archive; Fax: 844-62739359 to manage the technical infrasructure, assets, budget; to ensure working facilities, conditions The Inspectorate of the Ministry of Justice is an to serve all performance of the Ministry and organization of the Ministry of Justice, which the internal management.The Offi ce has its performs the functions of assisting the Minister own seal and account in accordance with law. in exercising the State management over the works of inspection, reception of citizens, Representative Offi ce of the Ministry of handling of complaints and denunciation, Justice prevention and combat against corruption within the management competence of the Deputy Director: Ministry of Justice; undertake administrative Mr. Nguyen Thai Phuc inspection and specialized inspection in Tel: 848-38224543 domains under the State management of the Fax: 848-38224543 Ministry of Justice as prescribed by law. The Representative Offi ce of the Ministry of Offi ce of the Ministry of Justice Justice in Ho Chi Minh City is the unit under the Ministry of Justice. The Representative

ASEAN Government Law Directory 151 Offi ce was established on the basis of the of the Ministry of Justice; to contribute to Permanent Unit of the Ministry’s Offi ce in Ho carrying out the administrative reform, judicial Chi Minh City. The Representative Offi ce’s reform and building-up Vietnamese socialist functions are : To represent the Ministry of State based on Rule of Law; to advise and assist Justice in operations, in working relationship the Minister of Justice to manage legal with organizations, agencies, individuals in scientifi c research as provided by laws. provinces, centrally managed cities from Ninh Thuan upwards in the scope mentioned in this Hanoi Law University Decision and in specifi c tasks assigned by the Minister; to advise, assist the Minister to Rector: perform State management tasks over judicial Mr. Hoang The Lien fi elds in the Southern area as provided in this Vice Rectors: Decision and as assigned by the Minister; to Ms. Nguyen Ngoc Hoa, Mr. Truong Quang Vinh cooperate with units under the Ministry to and Ms. Nguyen Kim Phung perform tasks in the fi elds of work falling with Tel 844-8344018 the management scope of the Ministry; and to Fax: 844-8343266 ensure the conditions, working facilities in accordance with the working plan of the Hanoi Law University, a public university in the Ministry in the Southern area system of national education of the Socialist Republic of Vietnam, is a unit of the Ministry of Institute of Law Science Justice, having the functions of training law at Director: undergraduate and postgraduate levels; Mr. Le Hong Hanh doing scientifi c research, disseminating and Deputy Directors: consulting law. Mr. Vo Dinh Toan and Mr. Nguyen Van Hien Tel: 844- 35739006 Judicial Academy Fax: 844-38237473 Director: The Institute of Law Science is the State Mr. Phan Chi HIeu scientifi c research body subordinate to the Deputy Directors: Ministry of Justice. The Institute’s function is to Dr. Nguyen Van Huyen, Mr. Chu Hai Thanh study strategies, mechanisms, policies for and Dr. Nguyen Van Dung development, improvement and implemen- Tel: 844-38360451 tation of law; development of the justice Fax: 844-38361267 branch to meet the needs of State management

ASEAN Government Law Directory 152 Vietnam Law Newspaper Democracy and Law Journal is an agency of the Ministry of Justice, which performs

Editor in Chief: information function and is a research forum VIETNAM Mr. Dao Van Hoi for discussion about jurisprudence, theoretical Vice Editors in Chief: and practical information on drafting and Mr. Dang Ngoc Luyen, Mr. Vu Hoang Diep implementing laws and judicial missions, and Ms. Tran Huong Mai contributing to dissemination of the Party’s Tel: 844-37245180 policies and law of the State, serving the Fax: 844-37245466 requirements of state management, meeting the people’s demand on legal research and Vietnam Law Newspaper is the organ of understanding so as to enhance the Ministry of Justice that has functions to inform eff ectiveness and effi ciency of state about activities of the Ministry and Judicial management by law, to strengthen legal sector, internal and international issues on system, to promote democracy, to implement politics, economic, socio-cultural; to social equality and to build a Vietnam socialist disseminate and popularize directions, policies rule of law state. and laws of the Party and the State, activities of drafting and implementing laws and judicial Informatics Center missions to serve management requirement of the Ministry of Justice, to meet with society’s Director: demand on information, research and study Mr. Nguyen Tien Dung on laws and operation of Judicial Branch, Deputy Director: contributing to improve eff ectiveness and Mr. Nguyen Chi Dung effi ciency of state management by law, to Tel: 844-62739715 promote democracy and to build Vietnam Fax: 844-62739359 socialist rule-of-law state. The Department of Information Technology is Democracy and Law Journal an organization attached to the Ministry of Justice which is established based on the Editor in Chief: Informatics Center of the Ministry of Justice, Mr. Nguyen Van Tuan and which performs the functions of assisting Vice Editors in Chief: the Minister in exercising the uniform Ms. Phan Thi Tuyet Mai and Mr. Dang Vu Huan management over application of information Tel: 844-62739737 technology within the justice sector, organizing Fax: 844-62739359 the application of information technology in

ASEAN Government Law Directory 153 the domains under the management of the Buon Ma Thuot Law Junior College Ministry, and providing information technology services in accordance with the Rector: provisions of law. Mr. Hoang Ngoc Thinh Deputy Rector: Judicial Publishing House Mr. Nguyen Hung Vua Tel: 84500-3977379 Director: Fax: 84500-3977379 Mr. Nguyen Tat Vien Deputy Directors: Buon Ma Thuot Law Junior College, a unit Mr. Nguyen Kim Tinh and Mr. Tran Manh Dat under the Ministry of Justice, has the functions Tel: 844-37676755 to provide junior law training and professional Fax: 844-37676745 training for offi cials and staff s of judicial sector, and legal research. The Judicial Publishing House is a publishing agency operating in the cultural and spiritual National Centre for Criminal Records fi elds with the function of publications serving the requirement of state management of the Director: Ministry of Justice, so as to satisfy the demand Mr. Nguyen Thanh Son to study, understand laws, train, foster law Deputy Directors: offi cials, disseminate and educate laws Mr. Ngo Ngoc Thanh and Ms. Do Hoang Lan contributing to build up the State based on Tel: 844-62739489 Rule of Law in Viet Nam Fax: 844-62739359

Vi Thanh Law Junior College The National Centre for Criminal Records assists the Minister in development, Rector: management of the national criminal record Mr. Le Tien Chau data. Tel: 84-7113870188 Department of State Compensation Vi Thanh Law Junior College, a unit under the Ministry of Justice, has the functions to provide Director: junior law training and professional training Mr. Nguyen Thanh Tinh for offi cials and staff s of judicial sector, and Deputy Director: legal research. Mr. Tran Viet Hung

ASEAN Government Law Directory 154 Tel: 844-62739438 Mr. Tran Van Tu Fax: 844-62739359 Deputy Chief Justice VIETNAM

Department of State Compensation assists the Mr. Tu Van Nhu Minister of Justice in performing the state Deputy Chief Justice management on the compensation in the fi elds of administrative management and Mr. Tran Van Do judgment execution; in cooperating with the Deputy Chief Justice Supreme People’s Court and the Supreme People’s Procuracy in conducting the Mr. Bui Ngoc Hoa management of compensation in legal Deputy Chief Justice proceedings; and performing the administration of the (state) compensation. Mr. Tuong Duy Luong Deputy Chief Justice SUPREME PEOPLE’S COURT Mr. Tong Anh Hao No 48 Ly Thuong Kiet, Ha Noi, Vietnam Deputy Chief Justice Tel: 844-39363528 Fax: 844-32321095 Mr. Nguyen Son Deputy Chief Justice Under the Law on Organisation of the People’s Courts, the Supreme People’s Court is the The Chief Justice of the Supreme People’s Highest judicial body of the Socialist Republic Court shall be elected, dismissed or removed of Vietnam. by the National Assembly on the Proposal of the State President; and is responsible before ORGANISATION the National Assembly and is to report to the National Assembly. During the time when the Supreme People’s Court National Assembly is not in session, he/she is responsible and reports to the Standing Mr. Truong Hoa Binh Committee of the National Assembly and the Chief Justice State President; and answers questions of the members of the National Assembly. Mr. Dang Quang Phuong Standing Deputy Chief Justice The Deputy Chief Justices of the Supreme People’s Court are appointed, dismissed and

ASEAN Government Law Directory 155 removed by the State President on the To hear cases in reviewing or re-opening proposal of the Chief Justice of the Supreme proceedings for judgments and People’s Court. decisions that have come in force and are protested under the provisions of The term of the Chief of Justice of the Supreme the procedural law; People’s Court is the term of the National To hear appeals and protests against Assembly which is fi ve years. judgments and decisions of the directly lower courts that have not yet come into Justices’ Committee force but have been appealed or protested; and Central Military Court, Criminal Division, Civil To deal with other matters as provided Division, Economic Division, Labour Division, by law. Administrative Division and Appellate Division. SUPREME PEOPLE’S PROCURACY In any necessary, the Standing Committee of the National Assembly may establish other No 48 Quang Trung Street, Ha Noi, specialised courts on the request of the Chief Vietnam Justice of the Supreme People’s Court. Tel: 844-38255058 Fax: 844-38255400 Function Website: ww.vksndtc.gov.vn

The Supreme People’s Court is responsible for In accordance with the 2002 Law on guiding other lower courts to apply laws Organisation Supreme People’s Procuracy, the uniformly and consistently; summarising court Supreme People’s Procuracy is a state body experiences; reviewing judgments of all level that exercise the right to prosecution and courts; reviewing judgments of the special control of judiciary activities, and the right to court and other courts, unless otherwise contribute to the strict and uniform provided by law when such courts are implementation of laws. established; submitting draft laws to the National Assembly; and draft ordinances to Organisation the Standing Committee of the National The Supreme People’s Procuracy Assembly in accordance with the provisions of the law. Mr. Nguyen Hoa Binh Procuractor General Powers of the Supreme People’s Court

ASEAN Government Law Directory 156 Mr. Hoang Nghia Mai the Supreme People’s Procuracy. Standing Deputy General Procuractor

The People’s Procuracies of the provinces VIETNAM Mr. Tran Phuoc Toi and centrally-run cities; Deputy General Procuractor The People’s Procuracies of the rural districts, urban districts, provincial Ms. Nguyen Thi Thuy Khiem capitals, provincial cities Deputy General Procuractor The Military Procuracies.

Mr. Le Huu The Functions Deputy General Procuractor Exercising the right to prosecution and Mr. Tran Cong Phan control of law observance in the Deputy General Procuractor investigation of criminal cases by investigating bodies and other agencies The Procuractor General of the Supreme tasked to conduct a number of People’s Procuracy shall be elected, dismissed investigating activities; or removed by the National Assembly on the Investing some types of off ences against proposal of the State President; responsible judiciary activities, committed by before and report to the National Assembly. offi cials of judicial bodies; During the time when the National Assembly Exercising the right to prosecution and is not in session, he (she) is responsible and control of law observance in adjudication reports to the Standing Committee of the of criminal cases; National Assembly and the State President; Controlling the settlement of civil, answers the questions of the members of the marriage and family, administrative, National Assembly. economic and labour cases as well as other matters under the provisions of The term of the Procurator General of the law; Supreme People’s Procuracy is the term of the Controlling the law observance in the National Assembly. execution of judgments and decisions of the People’s Courts; The Deputy General Procurators of the Controlling the law observance in the Supreme People’s Procuracy are appointed, custody, detention, management and dismissed and removed by the State President education of imprisonment debtors. on the proposal of the Procurator General of

ASEAN Government Law Directory 157 In Charge of Publication

H.E. MR. PHOV SAMPHY

In Charge of Contents and Editors

MR. CHAN SATHA

Reviews MR. KU KHEMLIN MR. BUNYAY NARIN MRS. PEN SOMETHEA

Assistant MR. KHIM TONGKHUONG

Founded

MINISTRY OF JUSTICE OF THE KINGDOM OF CAMBODIA

Printing House

KIM LONG PRINTING HOUSE