Circular No. 05/2004/TT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Home Affairs assisting the People's Committee to manage state administrative affairs in localities.

CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in state management of civil service affairs at local levels assist the People's Committee in state management of civil service affairs at the local level

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 Decision No. 248/2003/QĐ-TTg dated November 20, 2003 of the Prime Minister renaming the Organization and Administration Board under the People's Committee of provinces and centrally governed cities to the Department of Home Affairs;
The Ministry of Home Affairs provides guidance on certain general contents regarding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in state management of civil service affairs at local levels as follows:

1. DEPARTMENT OF HOME AFFAIRS

1. Position and functions:

1.1. The Department of Home Affairs is a specialized agency of the People's Committee of provinces and centrally governed cities (hereinafter referred to as province) with the function of advising and assisting the People's Committee of the province in state management of home affairs, including areas such as administrative organization of government agencies and public services, local government organization, administrative boundaries, civil servants and public officials of the state, civil servants and public officials of communes, wards, and towns, organization of associations and non-governmental organizations, and public services within the scope of management of the Department.

1.2. The Department of Home Affairs is subject to the direction and management of organization, staffing, and personnel work of the People's Committee of the province; at the same time, it is subject to the direction, guidance, and inspection of professional matters by the Ministry of Home Affairs.

2. Duties and authorities:

2.1. Submit to the People's Committee of the province decisions and directives concerning areas within the scope of management of the Department;

2.2. Submit to the People's Committee of the province planning and long-term plans for five years and annually for civil service work in the province;

2.3. Guide, inspect, and be responsible for organizing the implementation of normative legal documents, planning, and approved programs; provide information, propaganda, dissemination, and education on laws concerning areas within the scope of management of the Department;

2.4. Regarding administrative and public service organization of the province:

2.4.1. Submit to the People's Committee of the province decisions on the delegation of management over administrative organization for the People's Committee of the district level and specialized agencies, public service units under the same-level People's Committee;

2.4.2. Submit to the People's Committee of the province proposals for establishing, merging, or dissolving provincial and district-level specialized agencies according to regulations of the Government and the Prime Minister for the People's Committee of the province to submit to the People's Council at the same level for decision within its authority;

2.4.3. Review and submit to the People's Committee of the province proposals for establishing, merging, or dissolving public service units providing public services based on planning and delegation of authority from competent state agencies;

2.4.4. Review and submit to the People's Committee of the province specific regulations on functions, tasks, powers, organizational structures of specialized agencies, bureaus under specialized agencies, and public service units providing public services under the management of the provincial People's Committee;

2.4.5. Take the lead and coordinate with other specialized agencies at the same level to guide the People's Committee of the district in defining functions, tasks, powers, and organizing specialized departments and public service units under their management;

2.4.6 Review or participate in reviewing proposals for establishing or dissolving state-owned enterprises as assigned by the Chairman of the People's Committee of the province;

2.4.7. Take the lead and coordinate with relevant specialized agencies of the province to guide and inspect the self-management and responsibility mechanisms of public service units in accordance with the law; coordinate with relevant agencies of the province in classifying and ranking administrative agencies and public service units of the province.

2.5. Regarding the organization of all levels of local government in the province:

2.5.1. Submit to the People's Committee of the province proposals for establishing, merging, splitting, or adjusting administrative units within the province for submission to the competent authority for examination and decision;

2.5.2. Assist the People's Committee of the province in researching, guiding, and monitoring the organization and operation of the machinery of all levels of local government within the province; coordinate with relevant provincial agencies in organizing and guiding elections for National Assembly deputies; organize and guide elections for representatives of the People's Councils at all levels in accordance with the law and central agency guidelines; resolve complaints and petitions from citizens regarding the implementation of laws on elections; compile and report election results for the People's Councils, electing the People's Committee, and implement procedures for the People's Committee of the province to submit to the Prime Minister or the Chairman of the People's Committee of the province for approval of elected positions in accordance with the law;

2.5.3. Serve as the focal point to assist the People's Committee of the province in managing legal knowledge training; state management and administrative management of People's Council representatives; organize statistics on the number and quality of representatives of the People's Councils and members of the People's Committees at all levels for compilation and reporting as prescribed.

2.6. Regarding civil service boundary management:

2.6.1. Organize and implement principles of management, division, and adjustment of civil service boundaries within the province according to the guidance of the Ministry of Home Affairs;

2.6.2. Monitor civil service boundaries within the province, prepare procedures for new establishment, merger, division, adjustment of civil service boundaries, and upgrading of urban areas according to regulations; guide and organize the implementation of national regulations on new establishment, merger, division, and adjustment of civil service boundaries at the local level;

2.6.3. Serve as the focal point to resolve disputes over civil service boundaries below the provincial level;

2.6.4. Compile and report to the competent authority any unresolved disputes over civil service boundaries in the province;

2.6.5. Compile and manage files, maps, markers, and boundaries of civil service areas in the province according to the guidance and regulations of the Ministry of Home Affairs.

2.7. Regarding civil servants and public officials of the province:

2.7.1. Submit to the Provincial People's Committee for approval draft projects on the allocation and delegation of management of state civil servants, public officials, and employees; salary policies, allowances, subsidies, and other benefits for state civil servants, public officials, and employees, elected public officials, and contractual workers in administrative agencies and public service units; the use, evaluation, appointment, reappointment, dismissal, resignation, rotation, commendation, and disciplinary measures for state civil servants, public officials, and employees, and the structure of civil servant positions in administrative agencies under the management authority of the Provincial People's Committee in accordance with laws and guidelines issued by the Ministry of Home Affairs;

2.7.2. Regarding the management and use of administrative and public service staffing quotas;

2.7.2.1. Develop and report to the Provincial People's Committee the local staffing plan for the Provincial People's Committee to submit to the same-level People's Council for decision on the total public service staffing quota and approval of the total administrative staffing quota before reporting to the Ministry of Home Affairs;

2.7.2.2. Submit to the Chairman of the Provincial People's Committee proposals for allocating staffing quotas for administrative and public service agencies under the same-level People's Committee and district-level People's Committees; organize implementation after approval;

2.7.2.3. Guide and manage staffing for district-level People's Committees, specialized agencies under the Provincial People's Committee, public service units that fully self-fund their regular operations, and staffing quotas for public service units funded by the State to implement certain public service mechanisms or allocate operational funds based on workload standards;

2.7.3. Assist the Provincial People's Committee in managing state civil servants, public officials, and employees, village-level public officials, and reserve public officials; develop planning and training programs for state civil servants, public officials, and employees, village-level public officials, and reserve public officials; assist the Provincial People's Committee in uniformly managing and implementing plans after approval by the Provincial People's Committee; guide and inspect the recruitment, placement, and implementation of policies and benefits for village-level public officials;

2.7.4. Submit to the Chairman of the Provincial People's Committee for decision or decide according to delegated authority on the placement, use, evaluation, appointment, reappointment, rotation, commendation, disciplinary measures, and other policies and benefits for state civil servants under the management of the Provincial People's Committee;

2.7.5. Guide and inspect the implementation of regulations on job titles and standards; organization, recruitment, promotion, and transfer of civil servants and employees; build the structure of civil servants in provincial units as prescribed;

2.8. Submit to the Provincial People's Committee for approval the program and measures to organize the implementation of national administrative reform tasks within the province; serve as the permanent body assisting the Provincial People's Committee in directing and implementing the overall administrative reform program of the Government within the province;

2.9. Regarding the work of organizing associations and non-governmental organizations in the province:

2.9.1. Review and submit to the Chairman of the Provincial People's Committee for decision within his authority to permit the establishment, dissolution, and approval of charters of associations and non-governmental organizations in the province as prescribed;

2.9.2. Guide, inspect, and submit to the Provincial People's Committee for handling within its authority the implementation of charters by associations and non-governmental organizations in the province;

2.10. Implement international cooperation work in home affairs and other fields of work assigned by law and the Provincial People's Committee;

2.11. Carry out inspection, investigation, complaint resolution, anti-corruption, and negative practices, and handle violations of law in the fields of work assigned by the Provincial People's Committee in accordance with the law;

2.12. Provide professional guidance on home affairs work to administrative agencies and public service units under the province, district-level People's Committees, and villages; assist the Provincial People's Committee in performing state management functions in the fields of work assigned to central ministries and local organizations headquartered in the province;

2.13. Aggregate and statistically analyze organizational structures of administrative agencies and public service units; the number of district and village administrative units, hamlets, and villages; the quantity and quality of state civil servants, public officials, and employees, and village-level public officials; guide the implementation of delegated management of personnel files for civil servants and public officials in accordance with the law;

2.14. Organize research and application of scientific advancements; establish information systems, archives, and data provision for management and professional work;

2.15. Direct and guide the organization of public service activities in assigned fields of work;

2.16. Perform regular and ad hoc information reporting on the implementation of assigned tasks in accordance with regulations to the Provincial People's Committee and the Ministry of Home Affairs;

2.17. Manage the organizational structure, staffing, and salary policies, incentives, commendations, theoretical education, and professional training for staff under the Department in accordance with regulations;

2.18. Manage the finances and assets of the Department in accordance with the law and the delegation of the Provincial People's Committee;

2.19. Perform other tasks assigned by the Provincial People's Committee;

3. The organizational structure and staffing of the Department of Home Affairs;

3.1. Leadership of the Department:

3.1.1. The Department of Home Affairs has a Director and not more than three Deputy Directors; the Director is the head of the Department and is responsible to the Provincial People's Committee for all activities of the Department of Home Affairs; the Director of the Department of Home Affairs is appointed or relieved of duty by the Chairman of the Provincial People's Committee in accordance with the criteria and position established by the Minister of Home Affairs and the regulations of the Party and State on cadre management;

3.1.2. Deputy Directors assist the Director of the Department in their duties, responsible for one or several areas of work assigned by the Director of the Department and are accountable to the Director of the Department for the tasks assigned; Deputy Directors are appointed or relieved of duty by the Chairman of the Provincial People's Committee upon the recommendation of the Director of the Department;

3.2. Organizational Structure of the Department:

3.2.1. Office;

3.2.2. Inspectorate;

3.2.3. Specialized and professional departments;

3.2.4. Public service units under the Department.

BASED on the volume of work, nature, and characteristics of local civil service management tasks, the Director of the Department of Civil Service shall submit to the Chairman of the Provincial People's Committee for decision the specific names and number of specialized departments, not exceeding four departments; for centrally governed cities, not exceeding five departments, to oversee areas such as organizational structure, staffing, salary; government construction; cadres, civil servants, public officials, grassroots cadres; cadre training and capacity building... in line with administrative reform, streamlining, and practicality.

The affiliated public service units of the Department shall be decided by the Chairman of the Provincial People's Committee in accordance with the provisions of the law.

The Director of the Department of Civil Service shall stipulate the functions, tasks, and authorities of the organizations under the Department.

3.3. Staffing of the Department of Civil Service.

3.3.1. BASED on the volume, nature, and specific characteristics of civil service work in the province, the Director of the Department of Civil Service shall submit to the Chairman of the Provincial People's Committee for decision the staffing of the Department.

3.3.2. The allocation of cadres, civil servants, and public officials in the Department must be based on job titles, standards, and the structure of civil servant and public official positions according to regulations.

II. REGARDING THE SPECIALIZED AGENCIES ASSISTING THE PROVINCE'S PEOPLE'S COMMITTEES AT THE COUNTY, DISTRICT, CITY, AND PROVINCIAL LEVELS IN MANAGING CIVIL SERVICE WORK.

1. Position and Functions.

1.1. The People's Committees at the county, district, city, and provincial levels (hereinafter referred to collectively as "county") shall have specialized agencies assisting them in performing their state management functions over civil service work within their jurisdiction as prescribed by law. The establishment and name of the department shall be decided by the Provincial People's Committee in accordance with the Government's regulations.

1.2. The specialized agency responsible for managing civil service work at the county level shall be subject to comprehensive and direct management by the County People's Committee, while also being guided and instructed on professional matters by the Department of Civil Service.

2. Tasks and Powers.

2.1. Submit to the County People's Committee guiding documents on civil service work within the jurisdiction and organize implementation according to the regulations of the Provincial People's Committee, the Department of Civil Service, and the Ministry of Civil Service;

2.2. Submit to the County People's Committee the five-year and annual plans for civil service work and administrative reform plans within the jurisdiction; guide and inspect the implementation after approval.

2.3. Organize the implementation of elections for National Assembly deputies and People's Council representatives according to the division of labor by the County People's Committee and the guidance of the Provincial People's Committee.

2.4. Submit to the County People's Committee for decision the functions, tasks, powers, and specific organization of the county's specialized agencies according to the guidance of the Provincial People's Committee.

2.5. Assist the County People's Committee in managing organizational work, staffing, and salaries according to the delegation of the Provincial People's Committee and the provisions of the law.

2.6. Submit to the County People's Committee proposals for establishing new, merging, dividing, or adjusting administrative boundaries within the jurisdiction so that the County People's Committee can submit them to the same-level People's Council for approval before submitting to higher levels for consideration and decision. Be responsible for managing the files, markers, boundary lines, and maps of administrative boundaries of the county.

2.7. Organize the application and promotion of scientific progress in civil service work within the jurisdiction.

2.8. Carry out statistical work, information provision, and regular and ad hoc reports on the assessment of the situation and results of implementing civil service work within the jurisdiction to the Chairman of the County People's Committee and the Director of the Department of Civil Service.

2.9. Assist the County People's Committee in resolving complaints, denunciations, and disputes regarding civil service work within the jurisdiction.

2.10. Perform other tasks assigned by the County People's Committee.

3. Organization and staffing.

3.1. BASED on the characteristics and specific conditions of the locality, the Director of the Department of Civil Service shall develop a plan to submit to the Provincial People's Committee for decision on the form of organization of specialized agencies in accordance with the law.

3.2. The staffing of the specialized agency for civil service work at the county level shall be decided by the Chairman of the County People's Committee within the total administrative staffing allocated by the Provincial People's Committee.

III. TASKS AND POWERS OF THE PEOPLE'S COMMITTEES AT THE COMMUNE, WARD, AND TOWN LEVELS IN CIVIL SERVICE WORK

The Provincial People's Committee shall specify the tasks and powers of the People's Committees at the commune, ward, and town levels in civil service work based on the law, following the proposal of the Director of the Department of Civil Service.

IV. IMPLEMENTATION

1. This Circular replaces Circular No. 121/TCCP-TC dated June 14, 1995, issued by the Government Organization and Cadre Affairs Board (now the Ministry of Civil Service) and takes effect 15 days from the date of publication in the Official Gazette.

2. The Chairman of the Provincial People's Committee shall base this Circular to stipulate the functions, tasks, powers, and organizational structure of the Department of Civil Service; direct and inspect the implementation of functions, powers, and organizational structures of specialized agencies assisting the County People's Committees under the province.

3. During the implementation of this Circular, if there are emerging issues or difficulties, please report to the Ministry of Civil Service for examination and resolution./.