The Legislative Vetting and Advising Department is formed with the following divisions in the Union Attorney General’s Office to perform the functions of legislative vetting and advising effectively:
(a) Legislative Vetting and Advising Division;
(c) Legal Translation Division;
(d) Constitutional Affairs Division.
Processes of the Legislative Vetting and Advising Division
Before enacting the Attorney General of the Union Law (2010), the Union Attorney General’s Office vetted, drafted and translated the laws in accordance with the Attorney General Law, 2001. There is no specific provision for legislative drafting and vetting although translation of laws has been specified in section 12 (j) of the Attorney General of the Union Law enacted on 28 October 2010. However, according to section 12(c) of the Attorney General of the Union Law, it is responsible for giving legal advice when so requested by the President of the Union, the Speaker of the Pyidaugsu Hluttaw, the Speaker of the Pyithu Hluttaw, or the Speaker of the Amyotha Hluttaw, any Union Level Organizations, any Union Ministry or Nay Pyi Taw Council.
Duties of the Legislative Vetting and Advising Division
Legislative Vetting and Advising Division performs the following duties:
(a) vetting and advising on draft laws submitted by the ministries and organizations;
(b) attending meeting, workshops, and seminars on legislative drafting held by ministries and organizations;
(c) discussing bills in the Hluttaw Bill Committee meeting when the Committee invites the Division as the Legislative Joint Committee;
(d) discussing bills with Ministries in the legislative drafting meeting led by the Commission for Assessment of Legal Affairs and Special Issues;
(e) supporting the Attorney General of the Union to discuss the legal matters in Security, Stability and Rule of Law Committee led by the Minister of the President Office in which the Attorney General of the Union is a member;
(f) giving legal advice and remarks when the President of the Union requested for advice before signing a bill into law and promulgating the law under section 105 or 106 of the Constitution;
(g) giving lectures on legislative vetting in the capacity building training;
(h) giving lectures on laws in the training conducted by Ministries;
(i) attending the training on legislative drafting provided by foreign experts, other subject wise training, meetings, workshops and seminars;
(j) advising Ministries and organizations whether their functions conform with the laws when so requested;
(k) performing other duties conferred by the Attorney General of the Union and the Deputy Attorney General.
Duties of Rules, Regulations, Notifications, Orders, Directives and Procedures Vetting and Advising Division
Rules, Regulations, Notifications, Orders, Directives and Procedures Vetting and Advising Division performs the following duties for the matters submitted by the President Office, Ministries, Government departments and organizations:
(a) vetting and advising on draft of rules, regulations, notifications, orders, directives and procedures;
(b) vetting and advising on the remarks on the functions of organizations formed under national policy from time to time;
(c) attending meeting, workshops and seminars on drafting rules conducted by the Working Committee for drafting rules as the Division is a member of the committee;
(d) attending meetings of the Hluttaw Bill Committee;
(e) attending training on legislative drafting provided by foreign experts, other subject wise training, meetings, workshops and seminars;
(f) attending training, meetings, workshops and seminars held in foreign countries;
(g) performing other duties conferred by the Attorney General of the Union and the Deputy Attorney General;
(h) supporting the Attorney General of the Union to discuss the legal matters in the Security, Stability and Rule of Law Committee led by the Minister of the President Office in which the Attorney General of the Union is a member;
(i) giving lectures on subordinate laws vetting in the capacity building training;
(j) giving lectures on subordinate laws vetting in the training provided by ministries.
Laws are enacted in Myanmar as Myanmar is the official language and only the Myanmar text is the original and authentic. The Legal Translation Division translates laws from Myanmar into English for foreigners working in international organizations in Myanmar or in foreign countries and for companies investing and doing business in Myanmar.
The Legal Translation Division performs the duty of translation conferred under section 12 (j) of the Attorney General of the Union Law. It also translates the laws and amendment to them enacted annually by the Pyidaungsu Hluttaw from Myanmar into English. The Pyidaungsu Hluttaw enacted (15) laws in 2011, (24) laws in 2012, (37) laws in 2013, (57) laws in 2014, (74) laws in 2015, (44) laws in 2016 and (29) laws in 2017 and all of them are translated from Myanmar into English by the Legal Translation Division.
When the relevant Ministries request for vetting the translated rules, procedures, ordinances, announcements, notifications, orders and directives such as Anti-Corruption Rules and Civil Service Personnel Rules from Myanmar into English, the Legal Translation Division checks the usage of legal terms in English.
Moreover, the Legal Translation Division checks the usage of legal terms in international conventions and regional or bilateral agreements that have been translated from English into Myanmar or from Myanmar into English by the relevant Government departments and Government organizations. It checks the usage of legal terms in conventions such as International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Bilateral Air Service Agreements between Myanmar – France and between Myanmar – Turkey, Memoranda of Understanding between the Union Attorney General’s Office and the Attorney General’s Chamber of Singapore, Build-Operate-Transfer Contracts (BOT), Records of Decision (ROD) between the Union Attorney General’s Office and Japan International Cooperation Agency (JICA). In accordance with rule 38 of the Attorney General of the Union Rules, the Legal Translation Division discusses with the persons concerned and experts from the relevant Government departments or organizations, and requests necessary documents, references and evidence with regard to legal terms and technical terms for accuracy of translation.
The Legal Translation Division translates news of visits of representatives from international organizations and international partners such as JICA, UNDP, KOICA and IDLO to the Attorney General of the Union, from Myanmar into English to be uploaded on the website.
The Union Attorney General’s Office has to translate the laws enacted annually from 1988 till now and the Legal Translation Division translates enacted laws from Myanmar into English and sends them to the Administration Department to publish as Myanmar Laws yearly.
In addition, the Legal Translation Division prepares curriculum and gives lecture on legal English in recruitment trainings for law officers (grade-4), refresher training and legal English training provided by the Union Attorney General’s Office.
The Legal Translation Division is performing other duties assigned by the Attorney General of the Union, the Deputy Attorney General and Directors General. In addition, the Legal Translation Division checks the usage of legal terms in the Fair Trial Standard Guidebook developed by the Union Attorney General’s Office, in cooperation with United Nations Development Programme (UNDP) and International Development Law Organization (IDLO). It translates the Code of Ethics for Law Officers from Myanmar into English and performs other duties such as translating the terms on the Myanmar Law Information System (MLIS) website of the Union Attorney General’s Office and Korea International Cooperation Agency from English into Myanmar.
Duties of the Constitutional Affairs Division
– giving legal advice on constitutional affairs if so requested by the President of the Union, the Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw or Amyothar Hluttaw and the Union Level Organizations;
– preparing reports on special legal issues to be submitted by the Attorney General of the Union to the Hluttaw meetings;
– Preparing answers for motions or questions moved or raised in the Hluttaw meetings, by itself or in coordination with other ministries or organizations;
– reporting the fulfillment of pledges resulting from answering the motions or questions to the Union Government;
– Giving legal advice or guidance to the Region or State Advocate General’s Office if so requested by them;
– Cooperating with the Prosecution Department to submit proposals to the Constitutional Tribunal of the Union on behalf of the President of the Union;
– Giving legal advice at hearings the note of protest on election as amicus curiae; and
– Performing other duties conferred by the Attorney General of the Union.