Decree No. 128/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Management Board of Ho Chi Minh Mausoleum

DECREE OF THE GOVERNMENT

Regulations on functions, tasks, powers, and organizational structure

of the Ho Chi Minh Mausoleum Management Board

____________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 30/2003/NĐ-CP dated April 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of agencies under the Government;

At the proposal of the Chairman of the Ho Chi Minh Mausoleum Management Board and the Minister of Interior Affairs,

DECREE:

Article 1. Position and Functions

The Ho Chi Minh Mausoleum Management Board is an agency under the Government, performing the function of directing and coordinating with related units to protect and maintain the body of President Ho Chi Minh intact and for a long time; ensuring security and public order in the assigned area; managing and organizing certain activities at the Mausoleum, Heroes and Martyrs Memorial; managing Ba Dinh Square and related works in accordance with the provisions of the law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ho Chi Minh Mausoleum Management Board is responsible for performing the tasks and powers of an agency under the Government as prescribed in Decree No. 30/2003/NĐ-CP dated April 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of agencies under the Government, and the following specific tasks and powers:

1. Submitting to the Government and the Prime Minister the strategy, planning, programs, long-term plans, five-year plans, annual plans, and important projects of the Ho Chi Minh Mausoleum Management Board; organizing the implementation of strategies, plans after approval.

2. Compiling and building the annual budget plan to ensure the assigned tasks, submitting to the Government for approval; managing and using the allocated financial resources and assets and implementing the allocated budget in accordance with the provisions of the law.

3. Submitting to the Government, the Prime Minister, or the Minister assigned by the Prime Minister to sign legal normative documents related to the Board's tasks.

4. Issuing, guiding, inspecting, and organizing the implementation of standards, procedures, regulations, professional practices applied in subordinate organizations and units.

5. Managing and maintaining architectural works; caring for flowers, trees, ornamental plants, grass, environmental sanitation; planning the overall and detailed systems of technical infrastructure in the Ho Chi Minh Mausoleum area, Ba Dinh Square, reception areas, and Heroes and Martyrs Memorial in accordance with the detailed planning of the Ba Dinh Central Political Zone.

6. Taking the lead and coordinating with relevant Ministries, sectors, and localities in ensuring the long-term preservation of President Ho Chi Minh's body, managing the Ho Chi Minh Mausoleum and Ba Dinh Square.

7. Coordinating with the Ho Chi Minh Museum and the Ho Chi Minh Presidential Palace Relic Zone to organize receptions and services for the people and international guests visiting the Ba Dinh Historical-Cultural Complex for cultural and political activities.

8. Coordinating with Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of Hanoi City to organize receptions for the people and international guests visiting President Ho Chi Minh, commemorating heroes and martyrs; participating in managing the planning of the area, ensuring the good operation of technical infrastructure systems related to the Ho Chi Minh Mausoleum, Heroes and Martyrs Memorial, and Ba Dinh Square within the defined scope and boundaries.

9. Managing investment and construction projects within its authority as prescribed by law.

10. Implementing international cooperation in the fields assigned according to the provisions of the law.

11. Organizing scientific research and applying technological progress in specialized fields serving assigned tasks.

12. Guiding, inspecting, and organizing the implementation of certain public service activities as prescribed by law.

13. Deciding on the implementation of administrative reform measures according to the goals and contents of the State administrative reform program approved by the Prime Minister.

14. Managing organizational structures and staffing; organizing the implementation of training, upgrading, recruitment, transfer, retirement, commendation, disciplinary actions, and other systems for cadres, civil servants, officials, and employees within its authority as prescribed by law.

15. Implementing the reporting system to the Government, the Prime Minister, and competent authorities as prescribed by law.

Article 3. Leadership of the Board Management of Ho Chi Minh Mausoleum

1. Leadership of the Board: The Chairman and some Deputy Chairmen

a) The Chairman is a general-level cadre appointed by the Prime Minister upon the proposal of the Minister of National Defense;

The Chairman of the Ho Chi Minh Mausoleum Management Board is the head and leader of the Board; responsible to the Government and the Prime Minister for the performance of the Board's functions, tasks, and authorities.

b) The Deputy Chairman is the head of specialized organizations subordinate to the Board performing duties at the Ho Chi Minh Mausoleum, appointed by the Prime Minister upon the proposal of the Minister of National Defense and the Minister of Public Security;

The Deputy Chairman works on a concurrent basis, assisting the Chairman in directing certain aspects of work according to their assignment and being responsible to the Chairman for the assigned tasks.

2. Responsibilities of the Chairman of the Ho Chi Minh Mausoleum Management Board

a) The Chairman decides to issue working regulations, information systems, and reporting procedures of the Board; directs and supervises specialized subordinate organizations and subordinate organizations in implementing regulations and assigned tasks.

b) The Chairman has the responsibility to report regularly and urgently to the Government and the Prime Minister on the organization and activities of the Board and the implementation of assigned tasks; seeks the Prime Minister's opinion on issues exceeding authority; participates in Government sessions when requested by the Prime Minister; collaborates with Ministers, heads of ministerial-level agencies, heads of central government agencies, leaders of central political-social mass organizations, and Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of provincial people's committees directly under the Central Government in resolving issues related to the assigned functions, tasks, and authorities.

c) The Chairman is responsible for tasks assigned by the Government and the Prime Minister; bears responsibility for management deficiencies and corruption, bureaucracy causing significant losses in managed organizations and units.

Article 4. Organizational Structure of the Board

1. Board Office

2. Subordinate Organizations:

a) Ba Dinh Square Management Board;

b) Center for Research, Application of Science and Technology and Environment.

3. Specialized Subordinate Organizations:

a) Ho Chi Minh Mausoleum Protection Command under the Ministry of National Defense;

b) 375th Regiment - Protective Guard Command under the Ministry of Public Security.

Article 5. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Article 1, Clause 9 of the Council of Ministers' Decree No. 276/HĐBT dated December 7, 1985, regarding the tasks of sectors in ensuring long-term preservation of the body of President Ho Chi Minh, managing the Ho Chi Minh Mausoleum and Ba Dinh Square, and previous provisions contrary to this Decree are abolished.

Article 6. Responsibility for Implementation

Chairman of the Ho Chi Minh Mausoleum Management Board, Ministers, Heads of ministerial-level agencies, Heads of central government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.