Decree No. 108/2020/NĐ-CP Amending and supplementing some articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces, and centrally governed cities.

DECREE

Amending and supplementing certain articles of Decree No. 37/2014/NĐ-CPdated May 5, 2014 of the Government on 2018 organizing specialized agencies under the People's Committees of districts, towns, cities under provinces, centrally governed cities, centrally governed central

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces, centrally governed cities, centrally governed

Article 1. Amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces, centrally governed cities, centrally governed:

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. To submit to the People's Committee and Chairman of the People's Committee at the district level:
a) To submit to the People's Committee at the district level: Draft decisions; master plans, medium-term and annual development plans; programs and measures for organizing the implementation of state administrative reform tasks within the scope of management assigned; draft regulations specifying the functions, tasks, powers, and organizational structure of specialized agencies under the People's Committee at the district level;

b) To submit to the Chairman of the People's Committee at the district level draft documents within the authority of the Chairman of the People's Committee at the district level according to the division of labor."

2. Amend and supplement Clause 1, Article 5 as follows:

"1. The head of specialized agencies under the People's Committee at the district level (hereinafter referred to collectively as the Director of the Department), shall be a member of the People's Committee at the district level elected by the People's Council at the district level, appointed by the Chairman of the People's Committee at the district level, and shall be responsible before the People's Committee at the district level, the Chairman of the People's Committee at the district level, and before the law for performing the functions, tasks, and powers of the department and for performing the duties and powers of a member of the People's Committee at the district level according to the Working Regulations and division of labor of the People's Committee at the district level."

3. Amend and supplement Clause 3 of Article 5 as follows:

"3. Number of Deputy Directors

On average, each department has two Deputy Directors. Based on the number of specialized departments established and the total number of Deputy Directors, the People's Committee at the district level will decide specifically the number of Deputy Directors for each specialized department appropriately."

4. Amending and supplementing Clause 4 of Article 6 as follows:

"4. The Director shall be responsible for reporting to the People's Committee, the Chairman of the People's Committee at the district level, and the competent department about the organization and operation of their agency; report work to the People's Council and the People's Committee at the district level when requested; coordinate with heads of specialized agencies and political-social organizations at the district level to resolve issues related to their functions, tasks, and powers."

5. Amending and supplementing Clause 1 and Clause 2 of Article 7 as follows:

"1. Civil Service Affairs Office:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Organizational structures; job positions, civil servant quotas, and civil service grade structures in administrative state agencies; job positions, personnel structures according to professional titles in public service units; salaries for cadres, civil servants, public officials, and contractual workers in administrative state agencies and public service units; administrative reform; local administration; administrative boundaries; cadres, civil servants, public officials; village-level cadres and non-professional staff, village groups; associations, non-governmental organizations; state archives; beliefs and religions; youth work; commendations and rewards.

2. Justice Office:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Legal system construction and enforcement, legal supervision, inspection, and handling of normative legal documents, legal education and dissemination; grassroots mediation, legal aid, adoption, household registration, notarization, and other judicial works as prescribed by law; management of legal enforcement concerning administrative violations.

6. Amending and supplementing Clause 4, Clause 5, and Clause 6 of Article 7 as follows:

"4. Natural Resources and Environment Office:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Land; water resources; mineral resources; environment; sea and islands (for coastal and island districts); surveying and mapping; climate change.

5. Labor, Invalids, and Social Affairs Office:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Employment; vocational education; labor and wages; social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance); occupational safety; war veterans; social assistance; child protection and care; gender equality; prevention and control of social evils.

6. Culture and Information Office:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Culture; family; physical culture and sports; tourism; advertising; postal services; telecommunications; information technology; radio and television; press; publishing; electronic information; grassroots information; foreign information; information infrastructure."

7. Amending and supplementing Clause 8, Clause 9, and Clause 10 of Article 7 as follows:

"8. Health Office:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Preventive health care; medical examination and treatment, rehabilitation; traditional medicine; reproductive health; medical equipment; pharmaceuticals; cosmetics; food safety; health insurance; population.

In cases where a separate Health Department is not established, the advisory function of assisting the People's Committee at the district level in managing the health sector is carried out by the Office of the People's Council and People's Committee.

9. County Inspectorate:

Advising and assisting the People's Committee at the district level in managing state affairs regarding: Inspection work, handling complaints and petitions within the scope of management of the People's Committee at the district level; performing inspection, complaint, and petition resolution tasks and anti-corruption tasks, receiving citizens according to the law.

10. Office of the People's Council and People's Committee:

Advising and consolidating for the People's Council and People's Committee on: The activities of the People's Council and People's Committee; advising the Chairman of the People's Committee on the guidance and administration of the Chairman of the People's Committee; administrative procedure supervision; providing information to serve management and activities of the People's Council and People's Committee and state agencies at the local level; ensuring material and technical bases for the activities of the People's Council and People's Committee; organizing the implementation of the single-window mechanism within the scope of management functions of the People's Committee at the district level; guiding, receiving files from individuals and organizations in all fields under the jurisdiction of the People's Committee at the district level, transferring files to specialized agencies under the People's Committee at the district level for resolution and collecting results to return to individuals and organizations.

For administrative units at the district level with national land borders on land, sea, and islands, the Office of the People's Council and People's Committee at the district level advises and assists the People's Committee at the district level in performing state management functions regarding foreign affairs and border issues.

8. Amend and supplement point a, Clause 1, Article 8 as follows:

"a) Economic Department:

Advising and assisting the People's Committee of the district in performing state management functions regarding small-scale handicraft industries; science and technology; industry; trade; disaster prevention and control."

9. Amend and supplement point b, Clause 3, Article 8 as follows:

"b) Economic and Infrastructure Department:

Advising and assisting the People's Committee of the district in performing state management functions regarding: Industry; small-scale handicraft industries; trade; construction planning, architecture; investment construction activities; urban development; urban infrastructure (including: urban water supply, drainage, industrial parks, economic zones, high-tech zones; production facilities for building materials; urban lighting, urban greenery; cemetery management, excluding martyrs' cemeteries; underground construction management; common use of urban infrastructure); housing; office buildings; building materials; transportation; science and technology.

In cases where the rate of urbanization is high, the People's Committee of the district shall submit to the same-level People's Council for decision on organizing two specialized departments as provided for in Clause 1 of this Article.

10. Amend and supplement Clause 4, Article 8 as follows:

"4. Ethnic Affairs Department:

Advising and assisting the People's Committee at the district level in performing state management functions regarding ethnic affairs. The Ethnic Affairs Department shall be established when meeting the following criteria:
a) There are at least 5,000 ethnic minority people who need concentrated support and assistance from the State for development;
b) There are ethnic minority groups living in areas that are critical in terms of security and defense; intercropping and inter-settlement areas; border areas with many ethnic minorities of our country and neighboring countries frequently crossing back and forth.

In cases where the Ethnic Affairs Department is not organized separately, the advisory and assistance function for state management of ethnic affairs by the People's Committee at the district level shall be performed by the Office of the People's Council and People's Committee.

11. Amend and supplement Article 9 as follows:

"Article 9. Organization of specialized agencies in island districts
1. Based on specific conditions of each island district, the People's Committee of the island district shall submit to the same-level People's Council for decision on the number and name of specialized departments under the People's Committee of the island district, ensuring it does not exceed the framework of the number of specialized agencies prescribed in Clause 2 of this Article.

2. The number of specialized agencies of the People's Committee of the island district shall not exceed ten departments. Specifically, for Phú Quốc Island District in Kiên Giang Province, the number of departments may not exceed twelve.

12. Amend and supplement Article 10 as follows:

"Article 10. Provincial People's Committee
1. Provide specific guidance on the functions, tasks, powers, and organization of specialized agencies under the People's Committee at the district level in accordance with this Decree and other relevant legal documents.

2. Inspect, audit, handle complaints and denunciations within their authority.

13. Amend and supplement Article 11 as follows:

"Article 11. People's Committee at the district level
1. Based on the provisions of this Decree, the People's Committee at the district level shall submit to the People's Council at the same level for consideration and decision on the establishment or non-establishment and the improvement of the organizational structure of departments in accordance with the management requirements at the local level, ensuring that the number of departments does not increase when implementing this Decree.
2. Specify the functions, tasks, and powers of departments in accordance with the guidelines of the sectoral management ministries and other relevant documents.
3. Decide specifically on the number of Deputy Heads of each department in accordance with this Decree.
4. Decide on the delegation of authority to the People's Committee at the commune level and delegate or authorize departments and Heads of Departments (Members of the People's Committee at the district level) to perform one or more tasks and powers within the authority of the People's Committee at the district level as prescribed by law.
5. Annually report to the People's Council at the district level and the People's Committee at the provincial level on the organizational situation and activities of the departments.

6. Inspect, audit, handle complaints and denunciations within their authority.

14. Amend and supplement Article 12 as follows:

"Article 12. Chairman of the People's Committee at the district level
1. Lead and direct departments to carry out assigned functions and tasks.

2. Appoint, reappoint, dismiss, accept resignation, transfer, promote, discipline, and implement systems and policies for Heads and Deputy Heads of Departments in accordance with regulations of the Party and laws.

Article 2. Transitional Provisions

Localities that have piloted the consolidation and merger of specialized agencies according to Conclusion No. 34-KL/TW dated August 7, 2018 of the Politburo on implementing some pilot models pursuant to Resolution No. 18-NQ/TW dated October 25, 2017 shall summarize the implementation of the pilot program in accordance with the requirements of the competent authority.

Article 3. Effectiveness

This Decree takes effect from November 25, 2020.

Article 4. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.