Consolidated Document number 02/VBHN-BNV guiding the implementation of special allowances for officials, civil servants, public employees, and armed forces personnel.

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
___________

DECREE

||| Regulations on functions, tasks, powers, and organizational structure of B||| ministries and ministerial-level agencies B|||

___________

||| Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulates the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, which took effect from October 15, 2016, has been amended and supplemented by:

||| Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, which took effect from November 15, 2020.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

||| Based on the proposal of the Minister of Home Affairs;

||| The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies.[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope and objects regulated

1. This Decree provides general regulations on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies (hereinafter referred to collectively as "ministries"); the tasks, powers, and responsibilities of ministers and heads of ministerial-level agencies (hereinafter referred to collectively as "ministers").

2. Specific functions, tasks, and powers regarding management of sectors and fields by ministries shall be implemented according to the Decree stipulating the functions, tasks, powers, and organizational structure of each ministry.

3. Provisions on the organizational structure of ministries in this Decree do not apply to the Ministry of National Defense and the Ministry of Public Security.

4. The names of ministries and organizations under ministries shall be translated into foreign languages for international transactions in accordance with the guidelines of the Ministry of Foreign Affairs.

Article 2. Position and function of ministries

Ministries are organs of the Government, implementing state management functions over one or several sectors and fields and public services within those sectors and fields throughout the country.

Article 3. Ministers

1. Ministers are members of the Government and are the heads of ministries, leading the work of ministries; they are responsible for state management over the sectors and fields assigned to them; organizing the implementation and monitoring the enforcement of laws related to the sectors and fields entrusted to them throughout the country.

2. Ministers operate under the chief executive system and the Working Regulations of the Government, ensuring the principle of democratic centralism.

Article 4. Deputy Ministers and Deputy Heads of ministerial-level agencies

1. Deputy Ministers and Deputy Heads of ministerial-level agencies (hereinafter referred to collectively as "Deputy Ministers") assist Ministers in performing specific tasks assigned by the Ministers and are responsible to the Ministers and to the law for the tasks assigned to them. Deputy Ministers shall not concurrently hold the position of head of an organization or unit under the ministry, except in special cases.

When the Minister is absent, a Deputy Minister may be authorized by the Minister to take charge of and resolve the affairs of the ministry.

2. The number of Deputy Ministers shall be implemented in accordance with the provisions of the Law on Organization of the Government.

Article 5. Principles of organization and operation of ministries

1. Clearly define the tasks, powers, and responsibilities of ministries and ministers; emphasize the responsibility of ministers in all activities of the ministry.

2. Organize the machinery of ministries towards multi-sector, multi-field management, streamlined, effective, and efficient; only establish new organizations when meeting the conditions stipulated by law.

3. Clearly define the tasks and powers of agencies, organizations, and units under ministries to ensure that there is no overlap or omission of tasks.

4. Make the operations of ministries transparent, fair, and modernized.

Chapter II. DUTIES AND LIMITS OF THE MINISTRY

Article 6. Regarding laws

1. Submit to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative construction program of the Government and resolutions, projects, programs assigned by the Government, the Prime Minister.

2. Submit to the Government for comments on draft laws, ordinances proposed to the National Assembly, the Standing Committee of the National Assembly related to the sector and field under the Ministry's management.

3. Submit to the Government for decisions on measures to organize the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President of the State according to the assignment of the Government, the Prime Minister.

4. Submit to the Prime Minister draft decisions, directives and other documents according to the assignment.

5. Issue circulars and other documents on state administration over the sector and field under the Ministry's state administration; guide and inspect the implementation of these documents.

6. Issue joint circulars with the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy to regulate the coordination between the Ministry and the Supreme People's Court, the Supreme People's Procuracy in implementing procedural steps and procedures related to the Ministry's state administration.

7. Direct and organize the implementation of legal publicity, dissemination, and education work within the scope of the Ministry's state administration.

8. Inspect regulatory legal documents issued by Ministries, Provincial People's Councils, Provincial People's Committees that relate to the sector and field under the Ministry's state administration; if discovering regulations issued by these agencies showing signs of contravening regulatory legal documents in the sector and field managed by the Ministry, propose handling according to the law.

Article 7. Regarding strategies, plans, programs

1. Submit to the Government, the Prime Minister strategies, plans for long-term, medium-term, and annual development, and important national projects and programs in the sector and field as prescribed by law; announce (except for contents classified as state secrets) and organize the implementation of strategies, plans after approval.

2. Review the content of preliminary feasibility study reports and feasibility study reports of programs, projects, proposals under the Ministry's management; approve and decide on investment in projects within the Ministry's authority according to the law.

Article 8. Regarding international cooperation

1. Submit to the Government for decisions on policies and measures to strengthen and expand relations with foreign countries and international organizations; signing, ratifying, approving or joining international treaties and measures to ensure their implementation in the name of the State or the Government regarding the sector and field under the Ministry's state administration.

2. Organize negotiations, sign international treaties according to the authorization of competent state agencies and implement international cooperation plans, international treaties of which Vietnam is a member within the scope of the Ministry's state administration.

3. Participate in international organizations according to the assignment of the Government; sign and organize the implementation of international agreements in the name of the Ministry according to the law; organize international cooperation to promote the effectiveness and efficiency of the Ministry's operations.

Article 9. On Administrative Reform

1. Submit to the Government and the Prime Minister for decision on the delegation of state management tasks and functions to local authorities within the industry and sector.

2. Decide on the delegation or authorization to local authorities to perform one or several tasks and powers under the authority of the Ministry.

3. Decide and organize the implementation of plans for administrative reform, publicize administrative procedures within the industry and sector; decide on the delegation or authorization to subordinate agencies and units to perform one or several tasks and powers under the authority of the Ministry.

4. Reform the organizational structure of the Ministry to ensure efficiency, rationality, reduction in the number of entities, and comprehensive coverage of the Ministry's functions, tasks, and powers according to the division of labor by the Government.

5. Implement changes in working methods, modernize office operations, civil service culture, and apply scientific research and technological results to the activities of the Ministry.

Article 10. On State Management of Public Services and Utilities in the Industry and Sector

1. Submit to the Government for issuance of mechanisms and policies on the provision of public services and utilities; implement socialization of activities providing public services and utilities; autonomy mechanisms of public service organizations under the sectoral management.

2. Submit to the Prime Minister for planning the network of public service organizations by industry and sector; list of public services funded by the state budget under the sectoral management.

3. Issue economic and technical standards applicable in the fields of public services and utilities; regulations on bidding, ordering, and assigning tasks for the provision of public services and utilities under the sectoral management.

4. Specify quality criteria and standards for public services and utilities; supervision, evaluation, and certification mechanisms for the quality of public services and utilities and the effectiveness of operations of public service organizations under the sectoral management.

5. Guide the implementation of policies and laws and support organizations in carrying out public utility activities in the industry and sector according to legal provisions.

Article 11. On Enterprises, Cooperatives, and Other Forms of Collective and Private Economy

1. Submit to the Government for issuance of mechanisms and policies to encourage, support, and programs and strategies guiding the development of enterprises, cooperatives, and other forms of collective and private economy within the economic sectors in the industry and sector.

2. Inspect compliance with regulations for industries and services requiring conditions according to the law and handle violations within the authority.

Article 12. On Associations and Non-Governmental Organizations

1. Recognize the organizing committee for the establishment of associations and non-governmental organizations operating nationwide or across provinces; provide written comments to competent state agencies regarding permission to establish, divide, split, merge, dissolve, rename, and approve the charter of associations and non-governmental organizations according to the law.

2. Guide and create favorable conditions for associations and non-governmental organizations to participate in activities within the industry and sector under the national management scope of the Ministry.

3. Inspect, check, and handle violations of association laws within the industry and sector management or refer to competent state agencies for handling violations according to the law.

Article 13. On organizational structure, civil service establishment, and number of staff working in public non-business units

1.[2] Submit to the Government:

a) Regulations on functions, tasks, powers, and organizational structure of the Ministry and of government agencies assigned to manage;

b) Decisions on establishing, restructuring, and dissolving agencies and organizations under the Ministry, including: General Departments and equivalent organizations (hereinafter referred to collectively as general departments), departments and equivalent organizations (hereinafter referred to collectively as departments), bureaus and equivalent organizations (hereinafter referred to collectively as bureaus).

2.[3] Submit to the Prime Minister:

a) Decisions on establishing, restructuring, and dissolving public non-business units within the Prime Minister's decision-making authority;

b) Regulations on functions, tasks, powers, and organizational structure of general departments under the Ministry;

c) Decisions on establishing, restructuring, and dissolving agencies and organizations under general departments, including: departments and equivalent organizations (hereinafter referred to collectively as departments), bureaus and equivalent organizations (hereinafter referred to collectively as bureaus).

3. Decide on establishing, restructuring, and dissolving public non-business units within the authority stipulated by law.

4. Guide the classification and ranking of public non-business units within the sector and field assigned to manage.

5. Specify functions, tasks, powers, and organizational structure of departments, bureaus, inspection bodies, offices, and public non-business units under the Ministry; sub-offices, public non-business units under bureaus; departments, bureaus, offices, and public non-business units under general departments in accordance with the provisions of law.

6.[4] Guide the functions, tasks, and powers of specialized agencies in sectors and fields under provincial People's Committees directly under the Central Government and district-level People's Committees, urban districts, towns, and cities directly under provincial People's Committees.

7.[5] Manage job positions, civil service structure by rank, career function structure by profession, civil service establishment, and number of staff working in public non-business units in accordance with the provisions of law.

8.[6] (Amended to Clause 7).

Article 14. On cadres, civil servants, and public officials

1. Submit to the Prime Minister for decisions on appointing, dismissing, removing from office, accepting resignation, and temporarily suspending work for Deputy Ministers.

2. Specify professional standards for civil service ranks and career function standards for specialized public officials in the assigned management field after reaching consensus with the Ministry of Home Affairs.

3.[7] Specify specific leadership and management position standards for agencies and units under the Ministry.

4. Manage cadres, civil servants, public officials, and employees under the Ministry in accordance with the provisions of law. Implement specific measures to strengthen administrative discipline and rules for cadres, civil servants, public officials, and employees under the Ministry; practice thrift, prevent waste, combat corruption, bureaucracy, arrogance, and favoritism in organizations and units under the Ministry.

5. Develop and implement training and development plans for cadres, civil servants, public officials, and employees, recruitment, utilization, transfer, rotation, assignment, retirement, salary system, rewards, disciplinary actions, and other systems for cadres, civil servants, public officials, and employees under the Ministry in accordance with the provisions of law.

Article 15. On inspection and supervision

1. Inspection and supervision of the implementation of policies and laws concerning the sector and field under the State management authority of the Ministry.

2. Inspection and supervision of Ministries, agencies under the Government, People's Committees at all levels in the implementation of laws concerning the sector and field under the State management authority of the Ministry.

3. Handling complaints, denunciations, and suggestions from organizations and individuals related to the sector and field under the State management authority of the Ministry; organizing citizen reception in accordance with the provisions of the law.

Article 16. On financial management and assets

1. Preparing, allocating, managing, and settling the annual budget of the Ministry; inspecting the implementation of the budget within the sector and field under its responsibility in accordance with the provisions of the State Budget Law.

2. Cooperating with relevant agencies to establish regulations, standards, and expenditure norms for the budget within the sector and field.

3. Managing and being responsible for state assets assigned in accordance with the provisions of the law.

Chapter III. THE ORGANIZATIONAL STRUCTURE OF THE MINISTRY

Article 17. The organizational structure of the Ministry

1. The organizational structure of the Ministry includes:

a) Departments;

b) Office;

c) Inspectorate;

d) Bureaus (if any);

đ) General Departments (if any);

e) Public service units.

2. Public service units specified in the Decree stipulating the functions, tasks, powers, and organizational structure of each Ministry include:

a) Units researching strategies and policies on the sector and field;

b) Newspapers, magazines; Information Centers;

c) Schools or Training Centers for cadre, civil servants, and public officials; Academies under the Ministry.

3. The number of deputy heads of the office, inspectorate, departments, bureaus, general departments, and public service units shall be implemented in accordance with the provisions of the Law on the Organization of the Government.

Article 18. Departments under the Ministry

1. A department is an organization under the Ministry, performing the function of providing comprehensive or specialized advice on state administration for the sector and field or providing advice on internal administrative work of the Ministry.

2. A department does not have legal personality, does not have a seal, and does not have an account. The head of the department may sign on behalf of the Minister directives, solutions, notifications, and other issues related to the professional duties of the department.

3.[8] No divisions shall be organized within a department. In cases where a department has multiple areas of work and requires at least 30 civil servant positions, such positions may be established by the competent authority (hereinafter referred to as civil servant positions). The number of divisions within a department under the Ministry (if any) must be stipulated in the Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry.

4. Departments operate under the chief executive system combined with the specialist system.

5.[9] Criteria for establishing departments:

a) A department is established when it meets the following criteria:

Having the function of providing advice on state administration for the sector and field under the Ministry's functions and tasks;

Having a scope and object of management according to the sector and field;

Requiring at least 15 civil servant positions.

b) A department providing advice on internal administrative work is established when requiring at least 15 civil servant positions.

Article 18a. Criteria for establishing divisions and equivalent organizations (hereinafter referred to as divisions), and the number of deputy heads of division leaders[10]

1. Divisions under bureaus under the Ministry are established when meeting the following criteria:

a) Having the function of providing advice on state administration for the sector and field under the bureau's functions and tasks or being entrusted to provide advice on internal administrative work of the bureau;

b) Requiring at least 7 civil servant positions.

2. Divisions under sub-bureaus under bureaus under the Ministry are established when meeting the following criteria:

a) Having the function of providing advice on state administration for the sector and field under the sub-bureau's functions and tasks or being entrusted to provide advice on internal administrative work of the sub-bureau;

b) Requiring at least 5 civil servant positions.

3. Regarding the number of deputy heads of division leaders:

a) Divisions under bureaus under the Ministry with 7 to 9 civil servant positions are allocated 1 deputy head; with 10 to 15 civil servant positions are allocated no more than 2 deputy heads; with 16 civil servant positions or more are allocated no more than 3 deputy heads;

b) Divisions under sub-bureaus under bureaus under the Ministry with 5 to 7 civil servant positions are allocated 1 deputy head; with 8 civil servant positions or more are allocated no more than 2 deputy heads.

4. Criteria for establishing divisions and the number of deputy heads of division leaders under the inspectorate, office, and departments under the Ministry, and divisions under offices and bureaus under general departments under the Ministry shall be implemented in accordance with the provisions on criteria for establishing divisions and the number of deputy heads of division leaders under bureaus under the Ministry.

5. Criteria for establishing divisions and the number of deputy heads of division leaders under sub-bureaus under bureaus under general departments under the Ministry shall be implemented in accordance with the provisions on criteria for establishing divisions and the number of deputy heads of division leaders under sub-bureaus under bureaus under the Ministry.

Article 18b. Criteria for establishing divisions and equivalent units (hereinafter referred to collectively as divisions) and the number of deputy heads of division leaders[11]

1. A division under a bureau under a Ministry shall be established when it meets all of the following criteria:

a) It has a specialized management object within the sector or field under the functions and tasks of the bureau as prescribed by specialized laws;

b) It is delegated authority by the Director of the Bureau to decide on matters within the scope of decision-making power of the Director of the Bureau;

c) The workload requires at least 15 civil servant positions.

2. Regarding the number of deputy heads of division leaders under bureaus under Ministries:

a) Divisions with from 01 to 03 rooms shall be allocated 01 deputy head; those with 04 rooms or more shall be allocated not more than 02 deputy heads;

b) Divisions without rooms shall be allocated not more than 02 deputy heads.

3. The criteria for establishing and the number of deputy heads of division leaders under bureaus under general bureaus under Ministries shall be implemented according to the regulations on the criteria for establishing and the number of deputy heads of division leaders under bureaus under Ministries.

Article 19. Office under the Ministry

1. The Office is an organization under the Ministry, performing the function of advising on comprehensive programs and plans of work and serving the activities of the Ministry; assisting the Minister in summarizing, monitoring, and urging organizations and units under the Ministry to implement the Ministry's programs and plans of work.

2. The Office performs tasks related to administrative work, documentation, archives; managing material and technical infrastructure, assets, operational funds, ensuring working conditions; providing common services for the activities of the Ministry and internal management work; performing other tasks prescribed by law or assigned by the Minister.

3.[12] The Office may establish rooms in accordance with the criteria for establishing rooms and the tasks assigned.

4. The Office has its own seal; the Director of the Office signs administrative documents on behalf of the Minister when authorized by the Minister; the Director of the Office signs documents and stamps the Office seal for matters within the Office's jurisdiction.

Article 20. Inspectorate under the Ministry

1. The Inspectorate is an organization under the Ministry, performing the function of assisting the Minister in state management of inspection work; handling complaints and denunciations and preventing corruption; conducting inspections, handling complaints and denunciations, and preventing corruption within the industry or field managed by the Ministry as prescribed by law.

2. The tasks and powers of the Inspectorate are carried out in accordance with the provisions of the law on inspection.

3.[13] The Inspectorate has its own seal and account; it may establish specialized rooms in accordance with the provisions of the law.

4. The Director of the Inspectorate signs administrative documents on behalf of the Minister when authorized by the Minister and may impose administrative penalties in accordance with the law on administrative violations; the Director of the Inspectorate signs documents and stamps the Inspectorate seal for matters within the Inspectorate's jurisdiction as prescribed by the law on inspection.

Article 21. Bureaus under the Ministry

1. A Bureau is an organization under the Ministry, performing the function of advising comprehensively and resolving specific issues in one or several fields, assisting the Minister in implementing state management tasks and organizing the enforcement of laws in specialized sectors or fields within the scope of the Ministry's state management as delegated by the Minister.

In cases where the Ministry manages technical infrastructure systems vertically from central to local levels, a Bureau under the Ministry may be established to perform internal management functions.

2. A Bureau has legal personality, its own seal and account; the Director of the Bureau may issue individual documents and professional guidance documents on specialized sectors or fields within the Bureau's management scope.

3.[14] The establishment of a Bureau must meet the following criteria:

a) It has a specialized management object within the scope of the Ministry's state management as prescribed by specialized laws;

b) It is delegated authority by the Minister to decide on matters within the scope of state management over specialized sectors or fields;

c) The workload requires at least 30 civil servant positions.

4.[15] The organizational structure of a Bureau includes:

a) Rooms;

b) Office;

c) Inspectorate (if any);

d) Division (if any);

đ) Publicly funded institutions (if any).

Article 22. General Departments under the Ministry

1. A General Department is an organization under the Ministry, performing advisory functions, assisting the Minister in state management and organizing the enforcement of laws in specialized fields, large and complex areas nationwide according to the classification and delegation of authority by the Minister.

2. A General Department has legal personality, its own seal and separate account. The Director of the General Department may issue individual documents and professional guidance documents concerning the specialized fields and areas within the scope of management of the General Department.

3.[16] The establishment of a General Department must meet the following criteria:

a) There must be objects of state administration in large, complex and important specialized fields and areas for economic and social development;

b) Specialized fields and areas requiring centralized and unified management at the central level, in special cases decided by the Government;

c) Delegation of authority by the Minister to decide on matters within the scope of state administration in specialized fields and areas.

4.[17] The organizational structure of a General Department includes:

a) Departments;

b) Office;

c) Bureau (if any);

d) Inspectorate (if any);

đ) Publicly funded institutions (if any).

The establishment of bureaus and departments under a General Department shall apply the same criteria as for the establishment of bureaus and departments under the Ministry. No offices shall be established within bureaus under a General Department.

For General Departments organized vertically, the number of bureaus under the General Department and sub-bureaus under bureaus under the General Department (if any) located in localities shall be specified in the decision detailing the functions, tasks, powers, and organizational structure of the General Department.

5.[18] The number of deputy heads of bureaus, departments, inspectorates, and offices under the General Department under the Ministry:

a) A bureau under a General Department with up to 20 civil servant positions shall have no more than two deputy heads; with over 20 civil servant positions, no more than three deputy heads shall be appointed;

b) A department (excluding those located in localities), inspectorate, and office under a General Department with fewer than four organizations shall have no more than two deputy heads; with four or more organizations, no more than three deputy heads shall be appointed;

c) For General Departments organized vertically with departments directly under them located in localities, the Minister or the head of an equivalent ministry shall decide the number of deputy heads of departments ensuring an average of three deputy heads per department.

Article 23. Public Service Units under the Ministry

1. The establishment, restructuring, and dissolution of public service units shall be carried out in accordance with the regulations of the Government and relevant laws.

2. Public service units do not have state administrative functions.

3. Public service units implement an autonomous mechanism regarding tasks, organizational structures, personnel, and finances as prescribed by law.

4. Public service units have legal personality, their own seals, and separate accounts.

Chapter IV. TASKS, POWERS AND RESPONSIBILITIES OF THE MINISTER

Article 24. Tasks and Powers of the Minister over the Ministry

1. Leading, directing, and personally responsible for all aspects of work of the Ministry; directing subordinate units to organize the implementation of approved strategies, plans, programs, projects, and tasks assigned by the Government.

2. Issuing regulations and policies for the development of assigned sectors and fields within the scope of authority; guiding, inspecting, and organizing the implementation of these documents.

3. Implementing recruitment, appointment, dismissal, removal, resignation, suspension, transfer, evaluation, planning, training, rewarding, and disciplining of civil servants and officials, and implementing hierarchical management of civil servants and officials for subordinate organizations in accordance with the law.

4. Deciding on the delegation of authority to subordinate organizations.

5. Deciding on scientific research programs, technological applications, standards, procedures, norms, and economic-technical quotas within the scope of authority.

6. Deciding on the establishment of inter-sectoral coordination organizations in accordance with the law.

7. Deciding on the appointment, dismissal, removal, resignation, suspension, rewards, and punishments of the Director-General after obtaining the Prime Minister's opinion.

8. Deciding on the appointment, dismissal, removal, resignation, suspension, rewards, and punishments of Deputy Directors-General and heads and deputies of heads of departments, bureaus, inspectorates, offices, and public service units under the Ministry and rooms under departments (if any), rooms under the Ministry Inspectorate, and rooms under the Ministry Office in accordance with the law.

Deciding on the delegation of authority for the appointment, dismissal, removal, resignation, and suspension of heads and deputies of heads of organizations and units within the organizational structure of general departments, departments, and public service units under the Ministry in accordance with the law.

9. Leading and directing inspection and supervision of the implementation of legal provisions in the assigned sectors and fields nationwide.

10. Managing and organizing the effective use of office space, assets, working equipment, and state budget funds allocated; deciding on measures to prevent corruption, promote thrift, combat waste, and manifestations of bureaucracy, arrogance, and favoritism in the assigned sectors and fields.

11. Issuing the Operational Regulations of the Ministry and directing and supervising their implementation.

12. Leading and directing the implementation of administrative reform, civil service system reform in the assigned sectors and fields under the Ministry's responsibility for state administration.

13. Proactively coordinating closely with Party agencies, the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the Central Committee of the Vietnam Fatherland Front, and central agencies of political-social organizations; explaining issues of concern to the National Ethnic Council and the National Assembly Committees; responding to questions from National Assembly deputies, citizens' petitions, and recommendations from the Vietnam Fatherland Front and political-social organizations regarding issues within the scope of responsibility.

14. Performing other tasks assigned by the Government and the Prime Minister.

Article 25. Duties and powers of the Minister in relation to Ministries and agencies under the Government

1. Guide and inspect, coordinate with Ministries and agencies under the Government to implement tasks and work within the sector or field assigned for management.

2. Recommend to other Ministers to suspend the implementation or revoke regulations issued by those agencies that contravene the Constitution, laws, and higher-level state agency documents or the Ministry's regulations on the sector or field under its responsibility. In case the recommendation is not accepted, report to the Prime Minister for decision.

3. Chair and coordinate with other Ministers to resolve issues related to the sector or field under the national administration of that Ministry.

Article 26. Duties and powers of the Minister in relation to local authorities

1. Direct, guide, and inspect People's Committees at all levels to implement tasks and work within the sector or field assigned, delegated, or entrusted by the Government or the Prime Minister.

2. Decide on delegation or authorization to local authorities to perform one or more tasks or powers within the Ministry’s jurisdiction according to the law.

3. Recommend to the Prime Minister to suspend the implementation of resolutions of provincial People's Councils that contravene the Constitution, laws, and higher-level state agency documents regarding the sector or field under their responsibility.

4. Request People's Committees and Provincial People's Committee Chairpersons to suspend the implementation or revoke local regulations that contravene the regulations on the sector or field under their management. If they do not comply, report to the Prime Minister for decision.

5. Resolve requests from Provincial People's Committee Chairpersons and centrally-administered city People's Committee Chairpersons within their authority and respond in writing within the time prescribed by law.

Article 27. Responsibilities of the Minister towards the Government and the Prime Minister

1. Personally bear responsibility before the Government and the Prime Minister for the sector or field assigned for management; for the results, effectiveness, and efficiency of the Ministry's activities; for decisions and the outcomes of implementing such decisions within the scope of assigned duties and powers; fulfill the responsibilities of a member of the Government and share collective responsibility with other members of the Government for the Government's activities.

2. Implement reports on work before the Government and the Prime Minister.

3. Not transfer work within their duties and powers to the Prime Minister. For matters exceeding their authority or involving other Ministries, the Minister must proactively work with relevant Ministers to complete files for the Government and the Prime Minister to consider and decide.

Article 28. Responsibilities of the Minister towards the National Assembly, the Standing Committee of the National Assembly, National Assembly agencies, National Assembly deputies, voters, and the people

1. Report, explain, and answer questions from the National Assembly and the Standing Committee of the National Assembly; provide necessary documents upon request of the Standing Committee of the National Assembly, the National Ethnic Council, and National Assembly committees.

2. Answer recommendations from the National Ethnic Council and National Assembly committees as stipulated by law.

3. Answer questions from National Assembly deputies and voter recommendations on issues within the sector or field under national administration of the Ministry.

4. Report to the people on important issues within their responsibility for management.

Article 29. Responsibilities of the Minister towards political and social organizations

1. Coordinate with the Central Committee of the Vietnam Fatherland Front and central agencies of political and social organizations in the performance of their duties and powers.

2. Solicit opinions from the Central Committee of the Vietnam Fatherland Front and central agencies of political and social organizations on draft projects and draft normative legal documents in accordance with the law on promulgating normative legal documents.

3. Study, resolve, and respond to recommendations from the Central Committee of the Vietnam Fatherland Front and central agencies of political and social organizations.

Chapter V. IMPLEMENTATION PROVISIONS[19]

Article 30. Effective Date

1. This Decree shall take effect from October 15, 2016.

2. This Decree replaces Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; and abolishes previous provisions that conflict with this Decree.

Article 31. Transitional Provisions

1. Ministries shall promptly review specialized normative legal documents outside the scope of state organization, if they contain provisions regarding organizational structures and staffing, then propose to competent authorities to amend or abolish such provisions in those normative legal documents.

2. Ministries shall review normative legal documents stipulating functions, tasks, powers, and organizational structures of Ministries and subordinate units issued before the effective date of this Decree; if any conflicting provisions are found, they shall either amend or supplement them themselves or propose to competent authorities to timely amend, supplement, or issue new documents.

3.[20] During the process of reorganizing and reducing the number of deputy positions for heads of merged or consolidated organizations and units, the number may temporarily exceed the provisions of this Decree, but when a deputy retires or transfers, no replacement shall be made and measures must be taken to adjust and reorganize the excess deputy positions so that within three years from the date of merger or consolidation, the number of deputy positions for heads of organizations and units must comply with the regulations.

Article 32. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

[1] Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, based on the following grounds:

Pursuant to the Law on the Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing Certain Articles of the Law on the Organization of the Government and the Law on the Organization of Local Authorities dated November 22, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies.

[2] This Clause has been amended and supplemented according to Clause 1, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[3] This Clause has been amended and supplemented according to Clause 1, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[4] This Clause has been amended and supplemented according to Clause 2, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[5] This Clause has been amended and supplemented according to Clause 3, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[6] This Clause has been amended and supplemented to become Clause 7 according to Clause 3, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[7] This Clause has been amended and supplemented according to Clause 4, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[8] This Clause has been amended and supplemented according to Clause 5, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[9] This Clause has been amended and supplemented according to Clause 6, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structures of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[10] This provision is added pursuant to Clause 7, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 25, 2020.

[11] This provision is added pursuant to Clause 7, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 25, 2020.

[12] This clause is amended and supplemented pursuant to Clause 8, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[13] This clause is amended and supplemented pursuant to Clause 9, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[14] This clause is amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[15] This clause is amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[16] This clause is amended and supplemented pursuant to Clause 11, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[17] This clause is amended and supplemented pursuant to Clause 11, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[18] This clause is added pursuant to Clause 12, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.

[19] Articles 2 and 3 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020, are stipulated as follows:

Article 2. Effective Date

This Decree shall take effect from November 15, 2020.

Article 3. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree.

[20] This clause is added pursuant to Clause 13, Article 1 of Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, which shall take effect from November 15, 2020.