Decree No. 133/2004/ND-CP On the establishment and definition of functions, tasks, powers, organizational structure, and staffing of the People's Council Office at provincial level and centrally-run city

DECREE

Regarding the establishment and provisions on functions, tasks, powers, organizational structure, and staffing of

 the provincial People's Council Office under centrally governed cities

________________________

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Home Affairs,

DECREE:

Article 1. On Establishment, Position, and Functions of the Provincial People's Council Office

1. Establish the Provincial People's Council Office under centrally governed cities (hereinafter referred to collectively as the Provincial People's Council Office).

2. The Provincial People's Council Office is the administrative apparatus assisting the Provincial People's Council and the Standing Committee of the Provincial People's Council; it has the function of organizing services for the activities of the Provincial People's Council, the Standing Committee of the Provincial People's Council, the Committees of the Provincial People's Council, the members of the Provincial People's Council, and advising on certain tasks assigned by the Standing Committee of the Provincial People's Council.

Article 2. Tasks and Powers of the Provincial People's Council Office

1. Assist the Standing Committee of the Provincial People's Council in drafting monthly, quarterly, semi-annual, and annual work programs and plans for the Provincial People's Council.

2. Serve the members of the Provincial People's Council in implementing monthly, quarterly, semi-annual, and annual work programs and plans that have been approved by the Provincial People's Council and the Standing Committee of the Provincial People's Council.

3. Organize services for the members of the Provincial People's Council to meet with citizens; receive, transfer petitions, monitor, and urge the resolution of complaints, denunciations, and suggestions from citizens transferred by the members of the Provincial People's Council to competent authorities for resolution.

4. Organize services for the members of the Provincial People's Council to meet with voters; compile voter opinions and suggestions reported to the Standing Committee of the Provincial People's Council as prescribed and sent to responsible agencies for consideration and resolution according to the law.

5. Serve the activities of the members of the Provincial People's Council in preparing sessions and ensuring their activities during sessions according to the Rules of Organization and Operation of the People's Council and the Rules of Procedure of the Provincial People's Council Sessions and other relevant laws.

6. Assist the Provincial People's Council and the Standing Committee of the Provincial People's Council in coordinating and harmonizing the activities of the Committees of the Provincial People's Council in reviewing reports and projects assigned by the Provincial People's Council and the Standing Committee of the Provincial People's Council.

7. Coordinate with the Committees of the Provincial People's Council to prepare reports on the activities of the Provincial People's Council at the Provincial People's Council Sessions; conduct a final review of the format and content of documents before submitting them to the Provincial People's Council and the Standing Committee of the Provincial People's Council for examination, approval, or adoption; coordinate with functional agencies to disseminate resolutions of the Provincial People's Council through mass media.

8. Prepare the annual budget for the activities of the Provincial People's Council and manage, spend, settle accounts, and audit financial transactions of the Provincial People's Council according to state financial regulations; organize services and ensure necessary conditions, means, and technical facilities for the activities of the Provincial People's Council, the Standing Committee of the Provincial People's Council, the Committees of the Provincial People's Council, and the members of the Provincial People's Council.

9. Manage the archiving of documents and files of the Provincial People's Council, the Standing Committee of the Provincial People's Council, and the Committees of the Provincial People's Council according to legal regulations.

10. Manage organization, staffing, cadres, civil servants, public officials, and assets, equipment, and technical facilities provided according to legal regulations.

11. Perform other tasks assigned by the Provincial People's Council and the Standing Committee of the Provincial People's Council.

Article 3. Organizational structure and staffing of the Provincial People's Council Office

1. The Provincial People's Council Office shall have a Director, 1 to 2 Deputy Directors. The Director and Deputy Directors shall be appointed and relieved from their positions by the Standing Committee of the Provincial People's Council after reaching consensus with the Chairman of the Provincial People's Committee. The position of Director and Deputy Director of the Provincial People's Council Office is equivalent to that of the Director and Deputy Director of the Provincial People's Committee Office.

2. The organizational structure of the Provincial People's Council Office includes:

a) General Department;

b) Administrative and Management Department.

3. Staffing of the Provincial People's Council Office

The Provincial People's Council decides on the staffing of the Provincial People's Council Office within the total number of state administrative management staff of the locality, which is allocated by the Chairman of the Provincial People's Committee according to the staffing management hierarchy, specifically as follows:

A province with 50 to 65 provincial People's Council delegates has 10 staff members;

A province with more than 65 to 75 provincial People's Council delegates has 11 staff members; A province with more than 75 to 85 provincial People's Council delegates has 12 staff members; A province with more than 85 to 95 provincial People's Council delegates has 13 staff members.

For provinces with an Ethnic Minority Board, an additional 1 staff member is provided. The above staffing does not include the positions of the Standing Committee of the Provincial People's Council, the Chairpersons, and the full-time Deputy Chairpersons of the specialized Boards of the Provincial People's Council.

Article 4. Seal, operating funds, and office premises of the Provincial People's Council Office

1. The Provincial People's Council Office shall have its own seal; the operating funds of the Provincial People's Council Office are included in the operating budget of the Provincial People's Council, which is allocated annually by the Provincial People's Council according to the provisions of the law.

2. The office premises of the Provincial People's Council Office shall be located within the compound of the Provincial People's Council and Provincial People's Committee.

Article 5. Working relationships of the Provincial People's Council Office

The Provincial People's Council Office maintains working relationships with the National Assembly Office, the Government Office, the Ministry of Home Affairs, the Provincial Party Committee Office, the Provincial People's Committee Office, the Provincial People's Council Delegation Office, the Provincial Vietnam Fatherland Front Committee Office, and local agencies, organizations, and units to ensure effective coordination and service for the activities of the Provincial People's Council.

Article 6. Effectiveness

This Decree takes effect 15 days after its publication in the Official Gazette. Clause 2 of Article 1 of Decree No. 12/2001/NĐ-CP dated March 27, 2001 of the Government on restructuring some specialized agencies under the Provincial People's Committees and District People's Committees is hereby repealed.

Article 7. Responsibility for Implementation

1. The Standing Committee of the Provincial People's Council decides to establish the Provincial People's Council Office after reaching consensus with the Chairman of the Provincial People's Committee.

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