Decree No. 14/2008/NĐ-CP on the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces

DECREE

Regulations on organizing specialized agencies under

People's Committees of districts, towns, urban districts, and provincial 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 applicable subjects

1. This Decree stipulates the organization of specialized agencies under People's Committees of districts, towns, urban districts, and provincial cities (hereinafter referred to collectively as district level).

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

3. Organizations directly under district-level People's Committees, central agencies organized vertically, and agencies equivalent to provincial departments under provincial People's Committees and centrally governed cities (hereinafter referred to collectively as provincial departments) located at the district level are not subject to the provisions of this Decree.

Article 2. Principles for organizing specialized agencies under district-level People's Committees

1. Ensuring comprehensive functions and tasks of state management of district-level People's Committees and ensuring unity and smoothness in sectoral management from the central to local levels.

2. Organizing multi-sectoral and multi-field management departments; ensuring efficiency, rationality, and effectiveness; it is not necessarily required that if there is a department at the provincial level, there must be a corresponding organization at the district level.

3. Being suitable for each type of administrative unit at the district level and natural conditions, population, socio-economic development situation of each locality, and requirements for administrative reform.

4. Not overlapping functions, tasks, and powers with organizations of Ministries and provincial departments located at the district level.

Article 3. Position and functions of specialized agencies under district-level People's Committees

1. Specialized agencies under district-level People's Committees are advisory bodies assisting district-level People's Committees in performing state management functions locally and implementing certain tasks and powers delegated by district-level People's Committees and as prescribed by law; contributing to ensuring unified management in sectors or fields of work at the local level.

2. Specialized agencies under district-level People's Committees are subject to the direction and management regarding organization, staffing, and personnel work by district-level People's Committees, while also being subject to the direction, inspection, and guidance on professional matters by specialized agencies under provincial-level People's Committees.

Article 4. Tasks and powers of specialized agencies under district-level People's Committees

1. Submitting to district-level People's Committees for issuance of decisions, directives; long-term plans, five-year plans, and annual plans; programs, measures to implement state administrative reform tasks within the assigned state management scope.

2. Implementing legal documents, plans, and programs after approval; disseminating, popularizing, and educating about laws in the assigned areas.

3. Assisting district-level People's Committees in performing and bearing responsibility for the examination, registration, and issuance of various permits within the scope of responsibilities and authorities of specialized agencies as prescribed by law and as assigned by district-level People's Committees.

4. Assisting district-level People's Committees in managing collective economic organizations, private enterprises, associations, and non-governmental organizations operating within their jurisdiction in accordance with the laws governing the specialized agencies' management scope.

5. Providing professional guidance on the management scope of specialized agencies to cadres and civil servants at commune, town, and ward levels (hereinafter referred to collectively as commune level).

6. Organize the application of scientific and technological advancements; build information and archival systems to serve state management and professional activities of the specialized agency at the district level.

7. Carry out regular and ad hoc reporting on the implementation of assigned tasks according to the regulations of the People's Committee at the district level and the provincial-level specialized agency.

8. Inspecting according to the assigned sectors and fields against organizations and individuals in the implementation of legal regulations; handling complaints and denunciations; preventing corruption and waste in accordance with the law and as assigned by district-level People's Committees.

9. Managing organizational structures, staffing, implementing systems, policies, incentives, rewards, disciplinary actions, training, and professional development for cadres, civil servants, public officials, and workers under the management scope of district-level specialized agencies in accordance with the law and as assigned by district-level People's Committees.

10. Managing financial resources and assets of specialized agencies in accordance with the law and as assigned by district-level People's Committees.

11. Perform other tasks assigned by the People's Committee at the district level or as prescribed by law.

Article 5. Heads of specialized agencies under district-level People's Committees

1. The head of specialized agencies under district-level People's Committees (hereinafter referred to collectively as Department Heads) is responsible before the People's Committee, Chairman of the district-level People's Committee, and the law for the performance of the functions, tasks, and powers of the specialized agency they oversee.

2. Deputy heads of specialized agencies under district-level People's Committees (hereinafter referred to collectively as Deputy Department Heads) assist the Department Head in directing certain aspects of work and are responsible to the Department Head for the tasks assigned. When the Department Head is absent, a Deputy Department Head appointed by the Department Head can take charge of the activities of the district-level specialized agency.

3. The number of Deputy Department Heads of specialized agencies under district-level People's Committees shall not exceed three persons.

4. Appointments, transfers, rotations, commendations, disciplinary actions, dismissals, resignations, and implementation of systems and policies for Department Heads and Deputy Department Heads are decided by the Chairman of the district-level People's Committee in accordance with the law.

Article 6. Working system of specialized agencies under district-level People's Committees and responsibilities of Department Heads

1. Specialized agencies under district-level People's Committees operate under a chief executive system.

2. Department Heads establish working regulations and information reporting systems based on legal provisions and assignments from district-level People's Committees, and direct and inspect the implementation of these regulations.

3. Department Heads are responsible for the performance of the functions, tasks, and powers of their agencies and the tasks assigned or delegated by the People's Committee and Chairman of the district-level People's Committee; practicing thrift, combating waste, and being accountable for any corruption or damage caused in the organizations and units under their management.

4. The Head of the Department shall be responsible for reporting to the People's Committee, the Chairman of the People's Committee at the district level, and the department managing the sector or field about the organization and operation of their agency; report on work to the People's Council and the People's Committee at the same level when requested; coordinate with the heads of specialized agencies and political-social organizations at the same level to resolve issues related to their functions, tasks, and authorities.

Chapter II

ORGANIZATION OF SPECIALIZED AGENCIES

UNDER THE PROVINCE PEOPLE'S COMMITTEE

Article 7. Specialized agencies are uniformly organized in districts, counties, towns, and provincial cities.

1. Civil Service Department: advise and assist the People's Committee at the district level in performing state management functions in the following areas: organization; staffing of administrative and public service agencies; administrative reform; local government; administrative boundaries; civil servants and public officials; village, ward, town public officials; associations and non-governmental organizations; state archives and records; religion; commendation and rewards.

2. Justice Department: advise and assist the People's Committee at the district level in performing state management functions regarding: legislative drafting work; inspection and handling of normative legal documents; legal education and dissemination; civil enforcement; notarization; household registration; legal aid; grassroots mediation and other judicial works.

3. Finance and Planning Department: advise and assist the People's Committee at the district level in performing state management functions in the following areas: finance and assets; planning and investment; business registration; comprehensive and unified management of cooperative economy, collective economy, and private economy.

4. Natural Resources and Environment Department: advise and assist the People's Committee at the district level in performing state management functions regarding: land resources; water resources; mineral resources; environment; meteorology and hydrology; surveying, maps, and sea (for coastal areas).

5. Labor, War Invalids and Social Affairs Department: advise and assist the People's Committee at the district level in performing state management functions in the following areas: labor; employment; vocational training; wages; social insurance; occupational safety; war veterans; social assistance; child protection; prevention and control of social evils; gender equality.

6. Culture and Information Department: advise and assist the People's Committee at the district level in performing state management functions regarding: culture; family; physical education and sports; tourism; postal services, telecommunications, and Internet; information technology and infrastructure; broadcasting; press; publishing.

7. Education and Training Department: advise and assist the People's Committee at the district level in performing state management functions in the fields of education and training, including: educational and training goals, programs, and contents; teacher and educational management staff standards; school facilities and equipment standards; examination regulations and issuance of certificates and diplomas; ensuring the quality of education and training.

8. Health Department: advise and assist the People's Committee at the district level in performing state management functions regarding health care and protection of people's health, including: primary health care; preventive health care; diagnosis and treatment, rehabilitation; traditional medicine; medicines for disease prevention and treatment; cosmetics; food safety; health insurance; medical equipment; population.

9. County Inspectorate: advise and assist the People's Committee at the district level in performing state management functions regarding inspection work, complaint and denunciation resolution within the scope of management of the People's Committee at the district level; perform inspection, complaint and denunciation resolution tasks, and anti-corruption measures according to the provisions of the law.

10. Office of the People's Council and People's Committee: advise and assist the People's Committee on its activities; advise and assist the People's Committee at the district level on ethnic affairs; advise the Chairman of the People's Committee on his leadership and management; provide information to serve the management and activities of the People's Council, People's Committee, and local state agencies; ensure material and technical bases for the activities of the People's Council and People's Committee.

Article 8. Specialized agencies are organized to suit each type of district-level administrative unit.

In addition to the ten specialized agencies uniformly organized in all districts, towns, counties, and provincial cities as stipulated in Article 7 of this Decree, some specialized agencies are organized to suit each type of district-level administrative unit as follows:

1. In districts:

a) Economic Department: advise and assist the District People's Committee in performing state management functions regarding small-scale industry; science and technology; industry; trade;

b) Urban Management Department: advise and assist the District People's Committee in performing state management functions regarding architecture; construction planning; urban development; housing and office buildings; building materials; traffic; urban technical infrastructure (including: water supply and drainage; urban environmental sanitation; parks and greenery; lighting; waste; urban parking lots).

2. In towns and provincial cities:

a) Economic Department: advise and assist the Town or Provincial City People's Committee in performing state management functions regarding agriculture; forestry; salt production; irrigation; fisheries; rural development; small-scale industry; science and technology; industry; trade;

b) Urban Management Department: advise and assist the Town or Provincial City People's Committee in performing state management functions regarding architecture; construction planning; urban development; housing and office buildings; building materials; traffic; urban technical infrastructure (including: water supply and drainage; urban environmental sanitation; parks and greenery; lighting; waste; urban parking lots).

3. In counties:

a) Agriculture and Rural Development Department: advise and assist the County People's Committee in performing state management functions regarding: agriculture; forestry; salt production; irrigation; fisheries; rural development; household and farm economic development, agricultural, forestry, fishery, and salt production cooperatives linked to professions and rural crafts within the commune area;

b) Department of Industry and Trade: advise and assist the People's Committee of the district in performing state management functions regarding industry; small-scale industry; commerce; construction; urban development; architecture and urban planning; building materials; housing and office buildings; urban technical infrastructure (including water supply and drainage; urban environmental sanitation; parks and green spaces; lighting; waste; urban parking lots); transportation; science and technology.

For districts with high economic and social development speeds, high rates of urbanization, and orientations towards developing into towns or provincial cities, the model of organizing two specialized departments as prescribed for towns and provincial cities may be applied. The determination of this organizational model shall be decided by the Provincial People's Council upon the proposal of the Provincial People's Committee.

Article 9. Organization of specialized agencies in island districts

1. Based on specific conditions of each island district, the Provincial People's Committee shall propose to the Provincial People's Council to decide on the number and names of specialized departments under the People's Committee of the island district.

2. The number of specialized agencies under the People's Committee of the island district shall not exceed ten departments.

Chapter III

TASKS AND POWERS OF THE PROVINCE PEOPLE'S COMMITTEE, DISTRICT PEOPLE'S COMMITTEE REGARDING THE ORGANIZATION OF SPECIALIZED AGENCIES AT THE DISTRICT LEVEL

PEOPLE'S COMMITTEE OF THE DISTRICT ON THE ORGANIZATION

SPECIALIZED AGENCIES OF THE DISTRICT

Article 10. Provincial People's Committees

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 and audit the implementation of the organization of specialized agencies under the District People's Committee.

3. For localities with island districts, the Provincial People's Committee shall propose to the Provincial People's Council to decide on the organizational structure; on the establishment, merger, and dissolution of specialized agencies of the island district.

4. Continue implementing Decision No. 89/2007/QĐ-TTg dated June 18, 2007 of the Prime Minister piloting the establishment of Construction Inspection Departments at the district level and Construction Inspection Stations at the commune level in Hanoi and Ho Chi Minh City.

Article 11. People's Committee of the district level

1. Specify the tasks, powers, and organizational structure of specialized agencies under the District People's Committee according to the guidelines of the Provincial People's Committee.

2. The People's Committees of island districts shall submit to the Provincial People's Committee proposals on organizational structures; on the establishment, merger, and dissolution of specialized agencies of the island district.

Article 12. Chairman of the District People's Committee

1. Appoint the Heads and Deputy Heads of specialized agencies under the District People's Committee according to the standards and positions prescribed by the Provincial People's Committee (the standards and positions for the appointment and removal of the Chief Inspector at the district level shall be implemented in accordance with the laws on inspection).

2. Report periodically every six months and annually to the same-level People's Council and the Provincial People's Committee on the organizational situation and activities of specialized agencies under the District People's Committee.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effectiveness

1. This Decree takes effect 15 days from the date of publication in the Official Gazette and replaces Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and provincial cities.

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

Article 14. Responsibility for Implementation

1. The Minister of Home Affairs shall take the lead and coordinate with the Minister, 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 specialized agencies under the District People's Committee within 90 days from the effective date of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of People's Councils, and Chairmen of People's Committees of centrally governed cities shall be responsible for implementing this Decree./.