Ministry of Legal Affairs of the Republic of the Union of Myanmar　

Historical Background of the Ministry of Legal Affairs

In Myanmar, the British introduced the Legal system modified their Common Law Legal System at the end of the First Anglo-Myanmar war in 1826 and appointed a Government Advocate General, Government Advocates and Public Prosecutors to conduct criminal and civil cases on behalf of the Government.

When Myanmar regained her independence in 1948, the Office of the Attorney General was established under the Constitution of the Union of Burma, 1947 and the Attorney General of the Union Act, 1948. The Attorney General's Office still existed when the Revolutionary Council took over responsibilities of the State in 1962. Until then, the functions and duties of the Attorney General’s Office were appearing for and conducting criminal and civil cases on behalf of the Government and tendering legal advice to the Government.

When the Attorney General's Office was reformed after abolishing the administrative mechanism in 1972, it was vested responsibilities for prosecution, tendering legal advice, drafting bill and legal translation. Then, the Council of People’s Attorney was formed by adopting the Constitution of the Socialist Republic of the Union of Burma in 1974. The Central Law Office, State and Division Law Offices and Township Law Offices were formed according to the Council of People's Attorney Law, 1974.

When the State Law and Order Restoration Council took over responsibilities of the State in 1988, it promulgated the Attorney General Law,1988 and formed the Attorney General's Office, State and Division Law Offices, District Law Offices and Township Law Offices. Moreover, the Branch Office of the Attorney General (Mandalay), two branches of State Law Offices and one branch of Division Law Offices were formed.

The Attorney General Law, 2001 was a law that was based on historical experience and legal practice to be familiar with situation. It was amended once in 2003. The functions were carried out by appointing the Attorney General and three Deputy Attorney Generals according to the Attorney General Law, 2001.

The Constitution of the Republic of the Union of Myanmar (2008) was adopted through a nation-wide referendum on 29th May, 2008. On 28th October,2010, the Attorney General of the Union Law was promulgated in accordance with section 443 of the Constitution of the Republic of the Union of Myanmar.

Under this Law, the Attorney General of the Union and a Deputy Attorney General were appointed by the President. The Attorney General of the Union is a member of the Union Government and shall be responsible to the President.

The State Administration Council maintained the State responsibilities from Ist February, 2021 by declaring State Emergency in accordance with the Constitution of the Republic of the Union of Myanmar, and has adopted the Five-Point Road Map and Nine objectives. The State Administration Council reformed the Attorney General's Office as the Ministry of Legal Affairs by Order No.176/2021. The functions of the Attorney General of the Union will be carried out in accordance with the Attorney General of the Union Law.

Formation of the Ministry of Legal Affairs

Ministry of Legal Affairs is formed with the following Office and Departments:

a) Minister's Office

b) Legislative Draft Vetting Department

c) Legal Advice Department

d) Prosecution Department

e) Legal Advocacy Department

Formation of Region or State Advocate General's Office and Various Levels of Law Office

The Region or State Advocate General's Office, in order to administer effectively the duties and powers of the Region or State Advocate General, is formed with the following Office and Departments:

a) Staff Office

b) Legislative Draft Vetting Department

c) Legal Advice Department

d) Prosecution Department

e) Legal Advocacy Department

The various level office are formed under the supervision of the Ministry of Legal Affairs and the Region or State Advocate General's Office as follows:

a) Within the relevant Region or State

i) if there is no Self-Administered Area:

aa) District law offices

bb)  Township law offices

ii) if there is Self-Administered Area:

aa) in the Self-Administered Division

- Self-Administration Division law office

- District law offices

- Township law offices

bb) in the Self-Administered Zone

- Self-Administered Zone law office

- Township law offices

cc) in the remaining areas

- District law offices

- Township law offices

b) in the Union Territory;

i) District law Offices

ii) Township law offices

iii) Other law offices established by law.

Functions and Duties of the Ministry of Legal Affairs

The Attorney General of the Union is empowered to translate laws under the Attorney General of the Union Law. Moreover, the Attorney General of the Union tenders legal advice to the Union Level Government Departments and Government Organizations as to whether or not it should be a party to international conventions and regional agreements and on matters in relation to bilateral or multilateral treaties, memorandum of understanding, memorandum of agreement, local and foreign investment instruments and other instruments. The Attorney General of the Union appears on behalf of the Government in criminal cases and civil cases in which the Government involves as the plaintiff or defendant.

Under section 378(a) of the Constitution of the Republic of the Union of Myanmar, the Attorney General of the Union appears in applications to issue writ to the Supreme Court of the Union in relation to fundamental rights and duties of the citizens.

Under section 266 of the Constitution of the Republic of the Union of Myanmar, the President appoints the person nominated by the Prime Minister of Region or State as the Region or State Advocate General with the approval of the relevant Hluttaw to obtain legal advices and assign legal responsibilities.

Moreover, the Ministry of Legal Affairs intends to perform functions such as publishing law books yearly in both Myanmar and English in order to conduct legal studies and researches by law officers from various levels of Law Offices, compiling law journal, English-Myanmar law dictionary and other legal researches, providing service by launching Myanmar Law Information System(MLIS) in order to access updated laws, rules, procedures, orders and directives.

The motto of the Ministry of Legal Affairs is "The Legal Profession is A Noble Profession" and the mission of the Ministry of Legal Affairs are as follows:

- to protect legal rights;

- to be better functions of the Ministry of Legal Affairs;

- to participate in judicial system for promoting public trust;

- to participate in justice sector reform

Legal Advocacy Center

In order to promote the rule of law by disseminating legal knowledge, the Ministry of Legal Affairs established Legal Advocacy Center in 2024.

The objectives of the Legal Advocacy Center are as follows: 

a) To carry out effectively and systematically the matters related to the civil service Personnel's capacity building to perform its functions according to Rule 171 of the Rules of the Attorney General of the Union Law;

b) To provide legal education to those studying law and the legal profession, in order to promote the spread of legal knowledge; and

c) To carry out legal education dissemination activities necessary for strengthening the rule of law in the country and for enabling citizens to access justice.