Decree No. 10/2016/NĐ-CP on agencies under the Government

DECREE

Regulations on agencies under the Government

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

Thtrên đề nghị của BộưởThe Minister of Interior,

The Government promulgates the Decree on agencies under the Government.

Article 1. Scope and objects regulated

1. This Decree stipulates the functions, tasks, powers, and organizational structure of agencies under the Government; working systems and responsibilities of heads of agencies under the Government.

2. This Decree applies to agencies under the Government.

1. Inland waterway port inspection service is the agency implementing specialized state management functions in inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on channels and routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection.

1. Agencies under the Government are established by the Government with the function of serving state management tasks of the Government; implementing certain public services with important characteristics that the Government must directly direct.

2. Agencies under the Government are subject to state management by the Ministry managing the sector or field.

Article 3. Duties and Authorities

1. On strategy, programs, planning, and planning:

a) Submitting to the Government and the Prime Minister strategic plans, master plans, long-term programs, five-year plans, annual plans, and important projects of the agency; organizing the implementation of strategic plans, master plans, programs, and plans after approval;

b) Participating in the appraisal of important proposals and projects within their expertise and business operations at the request of the Government and the Prime Minister.

c) Deciding on investment projects within its authority according to the law.

2. Regarding the organization and implementation of public services assigned by the Government:

a) Building and submitting to the competent authority for publication of national standards; issuing quality criteria and mechanisms for supervision, evaluation, and certification of the quality of public services assigned by the Government according to the law;

b) Publishing basic standards; issuing professional procedures, technical norms to implement public services assigned by the Government;

c) Organizing the implementation of public services assigned by the Government in accordance with the provisions of the law;

d) Inspecting and supervising the organization and implementation of public services for subordinate agencies, organizations, and units according to the law.

3. Regarding international cooperation:

a) Proposing the signing, amendment, supplementation, extension, termination of effect, and temporary suspension of implementation of international treaties according to the law;

b) Organizing the implementation of international treaties according to the division of labor by the Prime Minister;

c) Signing, amending, supplementing, extending, terminating effect, and temporarily suspending the implementation of international agreements on behalf of agencies under the Government according to the law;

d) Organizing the implementation and inspecting the implementation of international aid programs and projects according to the law;

đ) Participating in international conferences, seminars, cooperation programs, and plans according to the law.

4. Deciding and directing the implementation of administrative reform programs in accordance with the goals and contents of the State administrative reform program approved by the Prime Minister.

5. Regarding information and reporting systems:

Point a. Organizing information work, propaganda, and dissemination of political tasks, policies, systems, and laws of the State in the assigned sector and field;

b) Implementing the reporting system to the Prime Minister or the Minister managing the sector or field according to the law.

a) Submitting to the Prime Minister for decisions on establishing new, reorganizing, or dissolving organizations and units within the organizational structure of the agency;

b) Specifying the functions, tasks, powers, organizational structure, and work relationships of subordinate organizations and units;

c) Submitting to the Prime Minister for the appointment, dismissal, and removal from office of deputy heads of agencies under the Government;

d) Appointing, dismissing, and disciplining heads and deputy heads of subordinate organizations and units according to the law; specifying the authorities and responsibilities of heads of subordinate organizations and units;

đ) Building a list of job positions, civil servant and staff structure by profession to determine the number of staff working in public service units annually of the agency and sending it to the Ministry of Interior according to the law;

e) Managing job positions and the number of civil servants and staff in public service units under the agency according to the law;

g) Deciding and organizing the implementation of specific measures to strengthen administrative discipline among cadres, civil servants, staff, and workers under its authority; preventing corruption, waste, bureaucracy, arrogance, and favoritism in the operation of the agency;

h) Organizing the implementation of training, recruitment, employment, transfer, rotation, retirement, rewards, and disciplinary actions and other systems for civil servants, staff, and workers under its management according to the law;

i) Inspecting compliance with policies, laws, and assigned tasks by civil servants, staff, and workers under its management; resolving complaints and reports related to civil servants under its authority according to the law.

7. Regarding financial and asset management:

a) Preparing the annual budget estimate and three-year financial-state budget plan of the agency to submit to the competent state authority according to the law;

b) Cooperating with relevant ministries and sectors to build financial mechanisms, regulations, standards, and budget expenditure norms of the agency in the assigned fields;

c) Implementing financial and accounting management according to the law;

d) Managing and using state assets effectively.

8. Being tasked with performing certain state management tasks in the assigned sector or field according to the law.

9. Performing other tasks and powers assigned by the Government, the Prime Minister, and according to the law.

1. The organizational structure includes:

a) Department;

b) Office;

c) Other affiliated public service organizations (if any).

2. Organizations specified in Point a Clause 1 of this Article operate under a directorate system, without separate seals, may have subordinate departments, and are specifically defined in the Government's Decree on the functions, tasks, powers, and organizational structure of each agency under the Government.

3. The Office specified in Point b Clause 1 of this Article has its own seal; the organizational structure of the Office includes departments or teams.

4. The number of deputy heads of organizations specified in Clause 1 of this Article shall not exceed three people.

5. In special cases, if affiliated organizations have different names, the Government will consider and decide accordingly to suit the functions and tasks of each agency under the Government.

Article 5. Heads and deputies of heads of government agencies

1. The head of a government agency shall be appointed and relieved of duty by the Prime Minister; shall be responsible for all aspects of the activities of the government agency before the Government, the Prime Minister, and before the law.

2. Deputies of the head shall be appointed and relieved of duty by the Prime Minister based on the proposal of the head; shall be responsible for assisting the head in directing and resolving certain areas of work and shall be responsible to the head and before the law for the tasks assigned. The duties of the deputy shall be assigned by the head.

In cases where government agencies are merged or due to the requirements of personnel rotation by authorized agencies, the number of deputies may be higher but shall not exceed five persons and shall be considered and decided by the Prime Minister.

4. The head of a government agency shall not issue regulatory legal documents.

Article 6. Responsibilities of the head of a government agency

1. The head of a government agency shall be responsible before the Government, the Prime Minister, and before the law for the performance of the functions, tasks, and powers of their own agency; shall be responsible when there are deficiencies in management and corruption, bureaucracy, causing losses in organizations and units under their management.

2. The head of a government agency shall be responsible for reporting to the Government, the Prime Minister about the organization and operation of the agency they oversee and the implementation of assigned tasks; seeking the Prime Minister's opinion on issues exceeding their authority; attending sessions of the Government when requested by the Prime Minister; coordinating with ministers, heads of ministerial-level agencies, other heads of government agencies, central agencies, political and social organizations in resolving issues related to their functions, tasks, and powers; resolving proposals and recommendations from provincial People's Committees in accordance with the regulations on assigned functions, tasks, and powers.

Article 7. Working system of government agencies

1. Government agencies operate under a chief executive system.

2. The head of a government agency shall issue working regulations, information and reporting systems of the agency and direct, inspect the implementation of these regulations.

Article 8. Effective Date

This Decree takes effect from March 20, 2016.

Article 9. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./