Joint Circular No. 02/2011/TTLT-VPCP-BNV guiding the functions, tasks, powers, and organizational structure of the People's Committee Office at provincial level and centrally-run city.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the People's Committee Office of the provincial and centrally governed city

 ___________________________________

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 33/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Office;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the provincial People's Committees and centrally governed cities;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decision No. 858/QĐ-TTg dated June 14, 2010 of the Prime Minister approving the Project for Reforming Citizen Reception Work;

The Government Office and the Ministry of Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of the People's Committee Office of the provincial and centrally governed city (hereinafter referred to as the Provincial People's Committee Office) as follows:

Article 1. Position and Functions

1. The Provincial People's Committee Office is a specialized agency at the department level, serving as the administrative machinery of the Provincial People's Committee and the Chairman of the Provincial People's Committee (including Deputy Chairmen of the Provincial People's Committee).

2. The Provincial People's Committee Office has the function of providing comprehensive advice and assisting the Provincial People's Committee in organizing common activities of the Provincial People's Committee, advising and assisting the Chairman of the Provincial People's Committee in directing and managing common activities of the local administrative apparatus; ensuring the provision of information to serve the management, direction, and control work of the Provincial People's Committee and the Chairman of the Provincial People's Committee, and information to the public in accordance with the law; ensuring material and technical conditions for the activities of the Provincial People's Committee and the Chairman of the Provincial People's Committee.

3. The Provincial People's Committee Office has legal personality, its own seal and bank account; it is subject to the direction and management regarding organization, staffing, and personnel work of the Provincial People's Committee, and the direction, guidance, and inspection regarding professional matters of the Government Office.

Article 2. Tasks and Authorities

The Provincial People's Committee Office performs the tasks and powers prescribed in Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the provincial People's Committees and centrally governed cities, and the following specific tasks and powers:

1. Providing comprehensive advice and assisting the Provincial People's Committee

a) Building and managing the work program of the Provincial People's Committee in accordance with the law.

b) Monitoring and urging the Departments, agencies equivalent to Departments, agencies under the Provincial People's Committee (hereinafter referred to as Departments and sectors), District People's Committees, County People's Committees, City People's Committees directly under the province (hereinafter referred to as District People's Committees), related agencies and organizations to implement the work program of the Provincial People's Committee and the Working Regulations of the Provincial People's Committee.

c) Coordinating regularly with Departments and sectors, District People's Committees, related agencies and organizations during the preparation and completion of draft projects, draft regulations, and draft normative legal documents submitted to the Provincial People's Committee for consideration and decision-making in accordance with the law.

d) Reviewing the procedures and processes for preparing and independently evaluating draft projects, draft regulations, important reports according to the work program of the Provincial People's Committee and other tasks submitted by Departments and sectors, District People's Committees, and related agencies and organizations to the Provincial People's Committee.

đ) Preparing draft projects, draft regulations, and important reports according to the assignment of the Provincial People's Committee.

e) Supervising administrative procedures and receiving, processing complaints and suggestions from individuals and organizations regarding administrative regulations within the scope and authority of management of the Provincial People's Committee and the Chairman of the Provincial People's Committee in accordance with the law.

g) Taking the lead and coordinating with Departments and sectors, District People's Committees, related agencies and organizations in preparing content and serving regular, extraordinary meetings, and other specialized meetings of the Provincial People's Committee, and meetings of the Chairman of the Provincial People's Committee.

h) Taking the lead, mediating, and coordinating citizen reception activities among participating agencies at the provincial Citizen Reception Office; managing and ensuring material conditions for the operation of the provincial Citizen Reception Office.

2. Providing comprehensive advice and assisting the Chairman of the Provincial People's Committee

a) Building and submitting to the Chairman of the Provincial People's Committee for approval and urging the implementation of the annual, six-monthly, quarterly, monthly, and weekly work programs of the Chairman of the Provincial People's Committee; recommending to the Chairman of the Provincial People's Committee key tasks that need to be focused on directing and controlling Departments and sectors, District People's Committees, and related agencies and organizations during specific periods.

b) Recommending to the Chairman of the Provincial People's Committee to assign Departments and sectors, District People's Committees, and related agencies and organizations to build mechanisms, policies, projects, draft regulations, and draft laws to be submitted to competent authorities for decision-making.

c) Reviewing the procedures and processes for preparing and independently evaluating draft projects, draft regulations, and reports according to the work program of the Chairman of the Provincial People's Committee and other tasks submitted by Departments and sectors, District People's Committees, and related agencies and organizations to the Chairman of the Provincial People's Committee.

d) Taking the lead and coordinating with Departments and sectors, District People's Committees, and related agencies and organizations in completing content, procedures, files, and draft documents to be submitted to the Chairman of the Provincial People's Committee for consideration and decision-making on other regular tasks.

d) Chair the work with leaders of agencies, organizations, and individuals related to resolve issues within the authority of the Chairman of the Provincial People's Committee that the Departments, sectors, and District People's Committees still have differing opinions according to the authorization of the Chairman of the Provincial People's Committee.

e) Chair the drafting, editing, or final revision of important reports and speeches of the Chairman of the Provincial People's Committee.

g) Assist the Chairman of the Provincial People's Committee in directing the implementation of coordination regulations on work between the Provincial People's Committee and Party agencies, People's Councils, Vietnam Fatherland Front, and other political-social organizations, People's Courts, and People's Procuratorates at the provincial level.

h) Assist the Chairman of the Provincial People's Committee in inspecting the implementation of tasks within the inspection authority of the Chairman of the Provincial People's Committee over Departments, sectors, People's Councils, District People's Committees, and related agencies and organizations to report and propose necessary measures to the Chairman of the Provincial People's Committee for urging implementation and ensuring compliance with administrative discipline.

i) Request Departments, sectors, People's Councils, District People's Committees, and related agencies and organizations to report on the situation and economic implementation of guiding and managing documents issued by the People's Committee and the Chairman of the Provincial People's Committee.

k) Require Departments, sectors, People's Councils, District People's Committees, and related agencies and organizations to provide materials, data, and related documents or attend meetings and work sessions to understand the situation and serve the leadership, guidance, and management work of the People's Committee and the Chairman of the Provincial People's Committee.

3. Ensure information to serve the leadership, guidance, and management work of the People's Committee and the Chairman of the Provincial People's Committee.

a) Implement regular and urgent reporting systems with the Chairman of the Provincial People's Committee; provide information to members of the Provincial People's Committee, heads of agencies under the Provincial People's Committee, Chairmen of People's Councils, District People's Committees, Party and State agencies, and related agencies and organizations about the socio-economic situation of the locality, activities of the Provincial People's Committee, and leadership, guidance, and management work of the Chairman of the Provincial People's Committee.

b) Provide information to the public about the main activities and important decisions of the Provincial People's Committee and the Chairman of the Provincial People's Committee; significant economic, political, and social events of concern to public opinion in accordance with laws and directives from the Chairman of the Provincial People's Committee.

c) Perform the spokesperson duties of the Provincial People's Committee as prescribed by law.

d) Manage, publish, and distribute the Provincial Gazette.

đ) Manage and maintain the operation of the information network of the Provincial People's Committee.

e) Manage the organization and operation of the Provincial People's Committee's Electronic Information Portal.

4. Ensure material and technical conditions for the operation of the Provincial People's Committee and the Chairman of the Provincial People's Committee.

5. Draft and promulgate documents within the authority of the Provincial People's Committee Office as prescribed by law.

6. Organize the issuance and management of documents of the Provincial People's Committee and the Chairman of the Provincial People's Committee.

7. Summarize, guide professional and business operations regarding office work for the Offices of Departments, Sectors, and District People's Committee Offices.

8. Organize research, implementation, and application of scientific research topics.

9. Manage organizational structure and staffing; implement salary systems and incentive policies, rewards, and disciplinary measures; train and enhance professional skills for cadres, civil servants, and officials under the Provincial People's Committee Office.

10. Manage finance and assets assigned according to laws and the delegation of the Provincial People's Committee.

11. Perform other tasks and powers delegated by the People's Committee and the Chairman of the Provincial People's Committee or as prescribed by law.

Article 3. Organizational Structure

1. Lead the Provincial People's Committee Office.

a) The Provincial People's Committee Office has a Director and not more than three Deputy Directors (except for the Office of the People's Committee of Hanoi City and Ho Chi Minh City, which shall not exceed four Deputy Directors).

b) The Director and Deputy Directors of the Provincial People's Committee Office are appointed, relieved, rewarded, and disciplined by the Chairman of the Provincial People's Committee in accordance with the law.

c) The Director of the Provincial People's Committee Office is the head responsible before the Provincial People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Office; concurrently serving as the account holder of the Provincial People's Committee Office.

d) Deputy Directors of the Provincial People's Committee Office are assigned by the Director to oversee specific areas of work and are responsible before the Director and the law for the fields of work they are in charge of. When the Director is absent, one Deputy Director is entrusted by the Director to manage the activities of the Provincial People's Committee Office.

2. Structure

a) Organizations established uniformly in the Provincial People's Committee Offices include: Administrative - Organization Department (including archive and record-keeping work); Management - Financial Affairs Department (including vehicle management): Citizen Reception Department.

b) Research and synthesis departments.

The research specialist team of the Provincial People's Committee Office is organized into departments based on specialized professional fields to ensure comprehensive coverage of all areas, with clear functions and responsibilities, without overlap, suitable to local management characteristics and actual workload. The Chairman of the Provincial People's Committee specifies the names and number of departments in the Provincial People's Committee Office, but not exceeding six departments; for Hanoi City and Ho Chi Minh City, not exceeding seven departments.

Research specialists in the Provincial People's Committee Office directly work with the Director, Deputy Directors of the Provincial People's Committee Office, and the Chairman and Vice Chairmen of the Provincial People's Committee when required.

c) For provinces that do not meet the criteria to establish the Department of Foreign Affairs and the Ethnic Group Board as prescribed, the following shall apply:

- Establish the Foreign Affairs Office under the People's Committee Office at the provincial level.

- Establish the Ethnic Group Office or arrange cadres and civil servants to handle ethnic affairs under the People's Committee Office at the provincial level.

d) Public service units

- Guesthouses;

- Other public service organizations (if any).

The aforementioned public service organizations shall be decided by the People's Committee at the provincial level in accordance with the provisions of the law.

đ) Based on the functions, tasks, and actual conditions of the locality, the Chairman of the People's Committee at the provincial level shall decide on the organizational form to implement information technology and publication tasks appropriately.

3. Staffing

a) The administrative establishment of the People's Committee Office at the provincial level shall be decided by the People's Committee at the provincial level within the total administrative establishment of the province assigned by the central government.

b) The public service establishment of units under the People's Committee Office at the provincial level shall be decided by the People's Committee at the provincial level according to the staffing norms and in accordance with the provisions of the law.

Article 4. Organization of Implementation

1. This Circular takes effect from March 15, 2011. All previous regulations and guidelines that conflict with this Circular are hereby abolished.

2. The Director of the People's Committee Office at the provincial level shall take the lead and coordinate with the Director of the Provincial Department of Home Affairs to submit specific regulations on the tasks, powers, and organizational structure of the People's Committee Office at the provincial level to the People's Committee at the provincial level; guide the People's Committees at the district level to formulate specific functions, tasks, powers of the People's Council and People's Committee Office at the district level or the People's Committee Office at the district level where there is no People's Council at the district level.

3. The People's Committees and Chairmen of the People's Committees of the provinces and centrally governed cities shall be responsible for organizing and implementing this Circular.

4. During implementation, if any issues arise or difficulties occur, agencies and organizations shall report to the Government Office for timely resolution in coordination with the Ministry of Home Affairs within their authority./.