Decree No. 13/2008/ND-CP on the organization of specialized agencies under provincial People's Committees directly under the Central Government

DECREE

Regulations on organizing specialized agencies under

Provincial People's Committees and centrally governed cities

__________

THE GOVERNMENT

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

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree regulates the organization of specialized agencies under the Provincial People's Committee and the People's Committee of centrally governed cities (hereinafter referred to collectively as provincial level).

2. Specialized agencies under provincial-level People's Committees include departments and agencies equivalent to departments (hereinafter referred to collectively as departments).

3. The following agencies are not subject to this Decree:

a) Industrial Park Management Boards, High-Tech Zone Management Boards, Economic Zone Management Boards, and other boards with different names are specialized agencies under provincial-level People's Committees, performing functions, tasks, powers, and organizational structures as decided by the Prime Minister;

b) The Office of the Delegation of National Assembly Members and People's Councils at the provincial level, public service organizations directly under provincial-level People's Committees, and organizations of central agencies established vertically in localities are not within the scope regulated by this Decree.

Article 2. Principles for Organizing Specialized Agencies under Provincial-Level People's Committees

1. Ensuring full performance of the functions and tasks of state management of the provincial-level People's Committee and ensuring unity, smoothness, and sectoral management from the central to grassroots levels.

2. Streamlined, rational, effective, multi-sector management organization; it is not necessarily required that if there is a Ministry or agency equivalent to a Ministry at the central level, then the province must have a corresponding organization.

3. Being consistent with the natural conditions, population, economic and social development situation of each locality and the requirements for administrative reform.

4. Avoiding overlapping functions, tasks, and powers with organizations under Ministries and agencies equivalent to Ministries located in localities.

Article 3. Position and Functions of Specialized Agencies under Provincial-Level People's Committees

1. Specialized agencies under provincial-level People's Committees provide advice and assist provincial-level People's Committees in managing state administration in their respective fields at the local level and perform certain tasks and powers delegated by provincial-level People's Committees and as prescribed by law.

2. Specialized agencies under provincial-level People's Committees are subject to the direction and management of organizational structure, staffing, and personnel work by provincial-level People's Committees, while also being subject to the direction, inspection, and professional guidance from higher-level state management agencies in their respective fields.

Article 4. Tasks and Powers of Specialized Agencies under Provincial-Level People's Committees

1. Submit to the provincial People's Committee:

a) Draft decisions, directives; long-term plans, five-year plans, and annual plans; programs, measures to organize the implementation of administrative reform tasks in the fields under their assigned state management;

b) Draft normative legal documents stipulating the functions, tasks, and powers of subordinate Inspection Units;

c) Draft normative legal documents specifying conditions, standards, positions for Heads and Deputy Heads of Departments; Heads and Deputy Heads of specialized offices under district, town, city, and provincial-level city People's Committees (hereinafter referred to collectively as district-level People's Committees) within the scope of their management fields.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft decisions on establishing, merging, or dissolving units under provincial-level specialized agencies in accordance with the provisions of the law;

b) Drafting individual decisions and directives within the authority to issue by the Chairman of the provincial-level People's Committee.

3. Implement laws, plans, and programs after approval; disseminate information, promote, guide, popularize, and educate about laws in the fields under their assigned state management.

4. Implement and be responsible for certification, registration, issuance of permits, certificates, and licenses within the scope of responsibility of provincial-level specialized agencies as prescribed by law, delegation, or authorization by provincial-level People's Committees.

5. Assist provincial-level People's Committees in managing state affairs concerning enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations within the fields managed by specialized agencies as prescribed by law.

6. Guiding and inspecting the implementation of self-management and self-responsibility mechanisms of public service units in accordance with the law.

7. Carry out international cooperation in the fields managed by departments in accordance with the law, delegation, or authorization by provincial-level People's Committees.

8. Provide professional guidance within their management fields to specialized agencies under district-level People's Committees and professional positions under commune-level People's Committees.

9. Organize research and application of scientific and technological advancements; build information systems and archives to serve state management and professional work assigned.

10. Conduct inspections and audits within their assigned fields against organizations and individuals in implementing legal regulations; handle complaints, denunciations, and anti-corruption activities as prescribed by law or delegated by provincial-level People's Committees.

11. Define the functions, tasks, and powers of offices, business units, and public service units under provincial-level specialized agencies; manage staffing, implement salary systems and incentive policies, training, commendation, and disciplinary actions for officials, civil servants, and employees under the state management of provincial-level specialized agencies as prescribed by law and delegated by provincial-level People's Committees.

12. Manage finances and assets of provincial-level specialized agencies as prescribed by law and delegated by provincial-level People's Committees.

13. Perform regular and ad hoc reporting on the implementation of assigned tasks according to the regulations of provincial-level People's Committees and Ministries, agencies equivalent to Ministries.

14. Perform other tasks assigned by provincial-level People's Committees or as prescribed by law.

Article 5. Organizational structure of specialized agencies under the People's Committee at the provincial level

The organizational structure of specialized agencies under the People's Committee at the provincial level includes:

1. Office;

2. Inspectorate;

3. Professional Departments;

4. District-level Agencies;

5. Public Service Organizations.

It is not necessarily required that all departments have the organizations specified in Clauses 4 and 5 of this Article.

Article 6. Directors and Deputy Directors of specialized agencies under the People's Committee at the provincial level

1. The head of specialized agencies under the People's Committee at the provincial level (hereinafter referred to collectively as the Department Director) shall be responsible before the People's Committee, the Chairman of the People's Committee at the provincial level, and before the law for performing the functions, tasks, and powers of the specialized agency under their charge.

2. The deputy heads of specialized agencies under the People's Committee at the provincial level (hereinafter referred to collectively as Deputy Department Directors) assist the Department Director in directing certain aspects of work and are responsible before the Department Director and before the law for the tasks assigned to them. When the Department Director is absent, one Deputy Department Director may be authorized by the Department Director to manage the activities of the provincial specialized agency.

The number of Deputy Department Directors shall not exceed three people; for the Deputy Department Directors of departments under the People's Committees of Hanoi City and Ho Chi Minh City, this number shall not exceed four people.

3. The appointment, removal, transfer, rotation, commendation, disciplinary action, resignation, retirement, and implementation of policies and regulations concerning Department Directors and Deputy Department Directors shall be decided by the Chairman of the People's Committee at the provincial level in accordance with the provisions of the law.

Article 7. Working system of specialized agencies and responsibilities of the Department Director

1. Specialized agencies under the People's Committee at the provincial level operate under a director-led system.

2. Based on the provisions of the law and the assignment of the People's Committee at the provincial level, the Department Director shall issue the Working Regulations and information reporting system of the agency and direct and inspect the implementation of these regulations.

3. The Department Director shall be responsible for performing the functions, tasks, and powers of their own agency and the tasks assigned or delegated by the People's Committee, the Chairman of the People's Committee at the provincial level; practicing thrift, combating waste, and being accountable when corruption occurs or losses are caused within the units under their management.

4. The Department Director shall report to the People's Committee, the Chairman of the People's Committee at the provincial level, Ministries, and ministerial-level agencies about the organization and operation of their own agency; seek opinions on matters exceeding their authority and report their work to the People's Council and the People's Committee at the provincial level upon request; coordinate with other Department Directors and heads of political-social organizations at the same level to resolve issues related to their functions, tasks, and powers.

Chapter II

ORGANIZATION OF SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEE AT THE PROVINCIAL LEVEL

Article 8. Specialized agencies under the People's Committee at the provincial level shall be organized uniformly in localities

1. Department of Home Affairs:

a) Merge the Provincial and Municipal Boards of Commendation and Religious Affairs or the religious affairs sections of provinces and centrally governed cities into the Department of Home Affairs;

b) The Department of Home Affairs shall advise and assist the People's Committee at the provincial level in exercising state management functions over home affairs, including: organizational structures; staffing of administrative and public service agencies; administrative reform; local administration; administrative boundaries; civil servants, public officials, and employees of state agencies, village, ward, and town public officials; organization of associations and non-governmental organizations; state archives; religion; commendation and rewards; construction of normative legal documents; inspection and handling of normative legal documents; popularization and education of laws; civil enforcement; notarization; adoption involving foreign elements; commercial arbitration; household registration; nationality; criminal record; lawyers; legal consultation; legal aid; judicial appraisal; grassroots mediation; asset auctions related to enforcement and other judicial works as prescribed by law.

2. Department of Justice:

Advise and assist the People's Committee at the provincial level in exercising state management functions over planning and investment, including areas such as: synthesis of planning and development plans for economic and social development; organization of implementation and proposal of mechanisms and policies for managing economic and social affairs in the province; domestic and foreign investment in the locality; business registration; synthesis and unified management of issues related to enterprises, cooperatives, and private economy.

3. Department of Planning and Investment:

Advise and assist the People's Committee at the provincial level in exercising state management functions over finance, state budget, taxes, fees, and other revenues of the state budget; state financial funds; financial investment; corporate finance; accounting; independent auditing; prices and financial services operations in the locality as prescribed by law.

4. Department of Finance:

5. Department of Industry and Trade:

a) Merge the Department of Industry with the Department of Commerce (or the Department of Commerce and Tourism) into the Department of Industry and Trade; transfer the tourism function and organization of the Department of Commerce or (Department of Commerce and Tourism) to the Department of Culture, Sports, and Tourism;

b) The Department of Industry and Trade shall advise and assist the People's Committee at the provincial level in exercising state management functions over industry, small-scale industry, and trade, including sectors and fields such as machinery; metallurgy; electricity; new energy; renewable energy; oil and gas (if applicable); chemicals; industrial explosives; mining and mineral processing industries; consumer goods industry; food industry; other processing industries; circulation of goods in the locality; export and import; market regulation; promotion of trade; e-commerce; trade services; economic integration; international trade; management of industrial clusters and industrial zones in the locality.

a) Merge the Department of Fisheries with the Department of Agriculture and Rural Development into the Department of Agriculture and Rural Development;

6. Department of Agriculture and Rural Development:

b) The Department of Agriculture and Rural Development shall advise and assist the People's Committee at the provincial level in exercising state management functions over agriculture; forestry; salt production; fisheries; water resources and rural development; flood and storm prevention; safety of agricultural, forest, fishery, and salt products from production until they reach the market.

Advise and assist the People's Committee at the provincial level in exercising state management functions over transportation, including: roads; inland waterways; transport; traffic safety.

7. Department of Transport:

Advise and assist the People's Committee of the province in performing state management functions regarding transportation, including: roads; waterways; transport services; traffic safety.

8. Department of Construction:

Advise and assist the Provincial People's Committee in performing state management functions regarding: construction; building materials; housing and public buildings; architecture and urban planning; technical infrastructure of cities, industrial zones, export processing zones, economic zones, high-tech zones (including: urban infrastructure; water supply, drainage, wastewater treatment, lighting, green parks, cemeteries, urban waste, industrial zones, export processing zones, economic zones, high-tech zones); urban development; real estate business.

In Hanoi City and Ho Chi Minh City, the Department of Planning and Architecture advises and assists the Municipal People's Committee in performing state management functions regarding urban planning and construction architecture, rural residential area planning within the city's jurisdiction as stipulated in Clause 3, Article 9 of this Decree.

9. Department of Natural Resources and Environment:

Advise and assist the Provincial People's Committee in performing state management functions regarding: land resources; water resources; mineral resources; geology; environment; meteorology and hydrology; surveying and mapping; comprehensive and unified management of issues related to sea and islands (for provinces with sea and islands).

10. Department of Information and Communications:

a) Establish the Department of Information and Communications based on the Department of Posts and Telecommunications and take over the state management functions and organization for press and publishing from the Department of Culture, Sports and Tourism;

b) The Department of Information and Communications advises and assists the Provincial People's Committee in performing state management functions regarding: press; publishing; postal services and delivery; telecommunications and internet; signal transmission and broadcasting; radio frequency spectrum, information technology, electronics; radio and television; information communication infrastructure; advertising on media, computer networks, and publications.

11. Department of Labor, Invalids and Social Affairs:

Advise and assist the Provincial People's Committee in performing state management functions regarding labor fields including: employment; vocational training; wages; remuneration; social insurance; unemployment insurance; occupational safety; persons with meritorious service; social assistance; protection and care for children; prevention and control of social evils (collectively referred to as labor, persons with meritorious service, and social fields); gender equality; take over the functions and organizations for protection and care for children from the Population, Family and Children Committee.

12. Department of Culture, Sports and Tourism:

a) Merge the Department of Physical Education and Sports, the Department of Tourism with the Department of Culture and Information into the Department of Culture, Sports and Tourism; transfer the functions and organizations for press and publishing to the Department of Information and Communications;

b) The Department of Culture, Sports and Tourism advises and assists the Provincial People's Committee in performing state management functions regarding: culture; physical education, sports, and tourism; family; advertising (excluding advertising on media, computer networks, and publications); take over the functions and organizations for family from the Population, Family and Children Committee.

13. Department of Science and Technology:

Advise and assist the Provincial People's Committee in performing state management functions regarding scientific and technological activities; development of scientific and technological potential; standards, measurement, quality; intellectual property; application of radiation and radioactive isotopes; radiation and nuclear safety.

14. Department of Education and Training:

Advise and assist the Provincial People's Committee in performing state management functions regarding education and training, including: educational and training objectives, programs, and contents; teacher and educational administrative cadre standards; school facilities and equipment standards, and children's toys; examination regulations and issuance of certificates and diplomas; ensuring the quality of education and training.

15. Department of Health:

Advise and assist the Provincial People's Committee in performing state management functions regarding health care and protection of people's health, including: preventive healthcare; diagnosis and treatment; rehabilitation; traditional medicine; medicines for disease prevention and treatment; cosmetics; food hygiene and safety; medical equipment; population; health insurance; take over the functions and organizations for population from the Population, Family and Children Committee.

16. Provincial Inspectorate:

The provincial Inspectorate is an agency at the department level, advising and assisting the Provincial People's Committee in performing state management functions regarding inspection work, handling complaints and denunciations; implementing inspection tasks and anti-corruption measures.

17. People's Committee Office:

a) The People's Committee Office is an agency at the department level, serving as the working body of the People's Committee and the Chairman of the Provincial People's Committee;

b) The People's Committee Office has the function of providing advisory support and assisting the People's Committee in organizing common activities of the People's Committee; advising and assisting the Chairman and Vice Chairmen of the People's Committee on directing and managing common activities of the local administrative apparatus; ensuring the provision of information to serve the direction and management of the People's Committee, the Chairman of the People's Committee, and the public according to the law; ensuring material and technical conditions for the operation of the People's Committee and the Chairman of the People's Committee.

18. Dissolve the Population, Family and Children Committee after transferring its functions and organizations to the Health Department, the Department of Culture, Sports and Tourism, and the Department of Labor, Invalids and Social Affairs.

Article 9. Specialized agencies shall be organized according to the specific characteristics of each locality.

1. The Department of Foreign Affairs shall advise and assist the People's Committee at the provincial level in performing state management functions regarding foreign affairs work, national border territory (in provinces with land borders) in accordance with the provisions of the law.

The Department of Foreign Affairs shall be established based on the following criteria:

a) Having a land border and international or national border gate;

b) For provinces without land borders but meeting all the following criteria, the Department of Foreign Affairs may be established:

- Having industrial zones, export processing zones, high-tech zones, open economic zones, and border economic zones which have been decided to be established by the Prime Minister.

- Having a national tourist area or cultural heritage recognized by UNESCO.

c) Provinces that do not meet the criteria for establishing the Department of Foreign Affairs as stipulated in points a and b of Clause 1 of this Article shall establish a Foreign Affairs Office under the People's Committee Office. The Foreign Affairs Office shall be directly guided by the People's Committee, and the People's Committee Office shall ensure material and administrative support for the operation of the Foreign Affairs Office.

2. The Ethnic Group Board is an agency equivalent to a department, advising and assisting the People's Committee at the provincial level in performing state management functions regarding ethnic affairs.

The Ethnic Minority Board shall be established in provinces and centrally governed cities when ensuring two out of three of the following criteria:

a) Having more than 20,000 (twenty thousand) ethnic minorities living together in village communities.

b) Having more than 5,000 (five thousand) ethnic minority people who need concentrated assistance and support for development from the State;

c) Having ethnic minority groups residing in areas critical for security and defense; intermingled agricultural and residential areas; and border areas where there are many ethnic minorities from both Vietnam and neighboring countries frequently crossing back and forth.

For provinces where ethnic minority groups reside but do not meet the above criteria, an Ethnic Group Office (or staff members) shall be established under the People's Committee Office to handle ethnic affairs. The Ethnic Group Office (or staff members handling ethnic affairs) shall be directly guided by the Provincial People's Committee. The Provincial People's Committee Office shall ensure material and administrative support for the operation of the Ethnic Group Office.

3. Department of Planning and Architecture (established in Hanoi City and Ho Chi Minh City):

The Planning and Architecture Department shall advise and assist the People's Committee of the city in performing state management functions regarding urban planning, architecture, and construction, as well as rural settlement planning within the jurisdiction of the People's Committee of the city.

Chapter III

TASKS AND POWERS OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, AND PROVINCIAL PEOPLE'S COMMITTEES REGARDING THE ORGANIZATION OF SPECIALIZED AGENCIES

Article 10. Minister of Home Affairs

1. In cases of necessity or changes in provincial administrative boundaries, submit to the Government for decision on the establishment, merger, or dissolution of specialized agencies under the Provincial People's Committee to meet state management requirements and decentralization policies of the Government.

2. Coordinate with ministries and agencies equivalent to ministries to provide detailed guidance on the functions, tasks, powers, and organizational structure of specialized agencies under the Provincial People's Committee.

3. Inspect, investigate complaints and denunciations regarding the organization of specialized agencies under the Provincial People's Committee in accordance with this Decree and other relevant regulatory legal documents.

Article 11. Ministers, Heads of Sections Equivalent to Ministries

1. Submit to the Government for decision on the delegation of state management tasks and responsibilities for sectors and fields to the Provincial People's Committee.

2. Issue specific standards for the positions of Director and Deputy Director of specialized agencies under the Provincial People's Committee according to the managed sectors and fields.

3. Direct, guide, and inspect professional matters concerning specialized agencies under the Provincial People's Committee according to the managed sectors and fields as prescribed by law.

4. Take the lead and coordinate with the Ministry of Home Affairs to provide guidance on the functions, tasks, powers, and organizational structure of specialized agencies under the Provincial People's Committee.

Article 12. People's Committee of the province

1. Based on the characteristics, development situation of the economy and society, and the requirements of state management in the locality regarding foreign affairs, border issues, or ethnic affairs, and the criteria specified in Clauses 1 and 2 of Article 9 of this Decree, the Provincial People's Committee shall develop a proposal for the establishment of these organizations to be submitted to the People's Council at the same level for decision. For provinces that have already established the Department of Foreign Affairs and the Ethnic Group Board before the effective date of this Decree, there is no need to go through the establishment procedures again.

2. Specify the tasks, powers, and organizational structure of specialized agencies under the Provincial People's Committee according to this Decree and other relevant regulatory legal documents.

Article 13. Chairmen of Provincial People's Committees

1. Appoint Directors and Deputy Directors of departments according to the position standards set by the Minister or Head of an agency equivalent to a ministry and the procedures prescribed by law (except for the appointment and dismissal of the Inspector General at the provincial level, which shall be carried out in accordance with the Law on Inspection).

2. Allow the Director of the department to appoint and dismiss the heads of subordinate agencies and units according to the standards and positions issued by the Provincial People's Committee.

3. Annually report the organizational structure and operations of provincial specialized agencies to the provincial People's Council and the Minister of Home Affairs.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Decree shall take effect 15 days after its publication in the Official Gazette and shall replace Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government on the Organization and Operation of Specialized Agencies under the Provincial People's Committee.

Article 2. Abolish previous provisions that conflict with this Decree.

Article 15. Responsibility for Implementation

1. The Minister of Home Affairs shall take the lead and coordinate with the Minister and Head of the Government Office to urge, inspect, and report to the Prime Minister on the implementation of this Decree.

2. The Provincial People's Committee shall direct and complete the reorganization of its specialized agencies within 90 days from the effective date of this Decree. 3. Ministers, Heads of agencies equivalent to ministries, Chairmen of People's Councils, and Chairmen of Provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree./.