Joint Circular No. 02/2004/TTLT/UBDSGĐTE-BNV guiding the functions, tasks, powers, and organizational structure of the Population, Family, and Children Committee of provinces and centrally governed cities.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of the Provincial Population, Family, and Children Committee under the Central Government

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Pursuant to Decree No. 94/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Population, Family, and Children Committee;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the provincial People's Committees directly under the Central Government;

The Joint Ministry of the Population, Family, and Children Committee and the Ministry of Home Affairs provides guidelines on the functions, tasks, powers, and organizational structure of the Provincial Population, Family, and Children Committee directly under the Central Government as follows:

1. Position and Functions

The Provincial Population, Family, and Children Committee (hereinafter referred to as the provincial committee) is a specialized agency under the provincial People's Committee; it advises and assists the provincial People's Committee in performing state management functions in the fields of population, family, and children within the province; public services in these fields; and carries out certain tasks and powers according to the delegation of the provincial People's Committee and as prescribed by law.

The Provincial Population, Family, and Children Committee is subject to the direction and management of the organizational structure, staffing, and personnel work of the provincial People's Committee, while also being subject to the direction, guidance, and inspection of business operations by the Central Population, Family, and Children Committee.

2. Tasks and Authorities

2.1. Proposes decisions and directives of the provincial People's Committee regarding population, family, and children issues and bears responsibility for the content of the submitted documents;

2.2. Proposes plans and long-term programs, five-year plans, annual plans, target programs, action programs, and projects in the field of population, family, and children that are consistent with national target programs and overall socio-economic development plans of the locality, and bears responsibility for their content;

2.3. Proposes decisions of the provincial People's Committee on the division of responsibilities, decentralization, or delegation of management authority in the field of population, family, and children to district People's Committees and specialized agencies under the provincial People's Committee in accordance with the provisions of law;

2.4. Organizes, directs, inspects, supervises, and bears responsibility for implementing legal regulations, strategies, plans, programs, and projects on population, family, and children that have been approved and international treaties to which Vietnam is a party;

2.5. Organizes information dissemination, communication, and education on policies and laws related to population, family, and children;

2.6. Develops and proposes to the provincial People's Committee plans for cooperation with relevant departments, political-social organizations, and social organizations at the provincial level in implementing population, family, and children tasks, and bears primary responsibility for organizing the implementation of such cooperation plans after approval; directs and organizes commemorative days and activities for population, family, children, and "Children's Month" in the province;

2.7. On population

a) Takes the lead in coordinating with relevant sectors to guide the implementation of standards and quality criteria, population structure, and the use of contraceptive devices and essential drugs for family planning services as prescribed by law;

b) Bears responsibility for directing and organizing the implementation of family planning work and population registration, compiling, and analyzing population trends;

c) Assists the provincial People's Committee in directing pilot models to improve population quality, summarizes, and disseminates successful models;

2.8. On family

a) Guides the implementation of criteria and standards for families suitable to local conditions and Vietnamese norms;

b) Directs and organizes the construction of warm, equal, progressive, happy, and sustainable family models;

c) Coordinates with relevant agencies to develop and implement projects on family economic development, supporting particularly difficult families; implements policies on gender equality;

2.9. On children

a) Organizes the implementation of models serving child protection, care, and education;

b) Takes the lead in coordinating with relevant agencies to implement criteria and standards for children's rights; prevents and stops violations of children's rights and protects and cares for children in special circumstances;

c) Mobilizes domestic and foreign organizations and individuals to supplement resources for the Child Welfare Fund; manages and uses the Child Welfare Fund at the provincial level; guides and monitors the management and use of the Child Welfare Fund at lower levels in accordance with the law;

2.10. Manages and is responsible for using effectively investment projects for target programs on population, family, and children assigned to them;

2.11. Guides and inspects the operation of public service organizations in the fields of population, family, and children within the province; manages public service organizations under the Committee;

2.12. Assists the provincial People's Committee in managing non-governmental organizations operating in the fields of population, family, and children in accordance with the law;

2.13. Organizes research, application, and dissemination of scientific and technological advancements in population, family, and children work at the provincial level;

2.14. Implements international cooperation in accordance with the law and as delegated or authorized by the provincial People's Committee;

2.15. Takes the lead in coordinating with the Department of Home Affairs to propose detailed guidelines on the functions, tasks, powers, and organizational structure of the District Population, Family, and Children Committee and the tasks and powers of commune-level People's Committees regarding population, family, and children work;

2.16. Inspects and investigates the enforcement of laws; resolves complaints, denunciations, anti-corruption, and handles violations of laws in areas under the Committee's jurisdiction as prescribed by law.

2.17. Periodically and urgently report on the implementation of assigned tasks to the People's Committee of the province, the Central Population, Family, and Children Committee, and other competent authorities as prescribed by law; organize the collection, processing, storage, and construction of databases on population, family, and children;

2.18. Submit to the People's Committee of the province programs and plans for administrative reform in areas under the management of the Committee, and be responsible for directing and organizing their implementation after approval;

2.19. Manage organizational structure, staffing, implement salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials according to the provisions of law and the delegation of the People's Committee of the province; organize vocational training and capacity building for cadres, civil servants, public officials, commune, ward, town cadres, and volunteers working on population, family, and children affairs in the province as prescribed by law;

2.20. Manage finances and assets allocated according to the provisions of law and the delegation of the People's Committee of the province;

2.21. Perform other tasks as assigned by the People's Committee of the province.

2.21. Perform other tasks assigned by the People's Committee of the province.

3. Organization and Staffing

3.1. Leadership of the Committee:

The Provincial Population, Family, and Children Committee has a dedicated Director, not more than three Deputy Directors, and part-time members;

The Director of the Committee is the head of the Committee; is responsible to the People's Committee of the province and the law for all activities of the Committee and the fulfillment of assigned tasks;

The Deputy Director assists the Director in managing one or several fields of work and is responsible to the Director and the law for the tasks delegated according to the provisions of law;

The appointment of the Director and Deputy Directors of the Committee is decided by the Chairman of the People's Committee of the province according to the regulations of the Party and the State on cadre management and professional standards issued by the Minister, Head of the Population, Family, and Children Committee;

The removal, resignation decision, commendation, and disciplinary action against the Director and Deputy Directors of the Committee are decided by the Chairman of the People's Committee of the province according to the provisions of law;

Part-time members are decided by the Chairman of the People's Committee of the province upon the proposal of the Director of the Provincial Population, Family, and Children Committee.

3.2. Organizational Structure of the Provincial Population, Family, and Children Committee, including:

- Office;

- Inspection;

- Specialized and operational departments;

- Affiliated organizations.

The establishment of specialized departments follows the principle of comprehensively covering all fields of work of the Committee; the functions and responsibilities of each department must be clear, without overlapping with those of other departments and organizations within the Committee; they must suit the nature, characteristics, and actual workload at the local level; ensure simplicity in administrative procedures and convenience in handling requests from organizations and citizens.

The number of specialized departments of the Committee shall not exceed four. The Director of the Provincial Population, Family, and Children Committee coordinates with the Director of the Department of Civil Service Affairs to submit to the People's Committee of the province for the determination of the number and names of the specialized departments of the Committee.

Based on specific characteristics, conditions, and requirements for providing public services in the field of population, family, and children at the local level, the People's Committee of the province decides to establish affiliated organizations of the Provincial Population, Family, and Children Committee according to the provisions of law.

The Director of the Committee specifies the functions, responsibilities, and powers of units under the Committee according to the provisions of law.

3.3. Staffing

The staffing of the Office, Inspectorate, and specialized departments is state administrative staffing. The staffing of the Provincial Population, Family, and Children Committee is determined by the People's Committee of the province according to Decree No. 71/2003/ND-CP dated June 19, 2003 of the Government on the delegation of administrative and public service staffing management and Decree No. 112/2004/ND-CP dated April 8, 2004 of the Government on the management mechanism for staffing of state public service units.

The Director of the Committee arranges and uses cadres, civil servants, and public officials of the Committee in accordance with their professional titles and national civil servant and public official grade standards as prescribed by law on cadres and civil servants.

4. Implementation Organization

4.1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Joint Circular No. 32/2001/TTLT/BTCCBCP-UBQGDS&KHHGĐ-UBBV&CSTEVN dated June 6, 2001 of the Ministry of Home Affairs (formerly the Organization and Cadre Management Department of the Government), the National Committee for Population and Family Planning, and the Vietnam Committee for the Protection and Care of Children.

4.2. The People's Committees of provinces and centrally-administered cities shall base this Circular to detail the functions, responsibilities, powers, and organization and staffing of the Provincial Population, Family, and Children Committee; provide detailed guidance on the functions, responsibilities, powers, and organization of the District Population, Family, and Children Committee; guide the People's Communes to perform their duties and powers in managing state affairs related to population, family, and children;

4.3. During the implementation process, if any issues arise or difficulties occur, they should be promptly reported to the Provincial Population, Family, and Children Committee and the Ministry of Home Affairs for study and resolution./.