Decision No. 1489/QD-BNV on the functions, tasks, powers, and organizational structure of the Organization and Establishment Department

Pursuant to …;

Regulations on functions, tasks, powers, and organization of the Organization and Staffing Department

_________________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Considering the proposal of the Head of the Organization and Staffing Department and the Head of the Civil Service Organization Department,

DECISION:

Article 1. Position and Functions

The Organization and Staffing Department is an entity under the Ministry of Home Affairs, with the function of advising the Minister to implement state management over administrative and public service organizations and staffing of administrative and public service agencies.

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;

1. Drafting normative legal documents on organizational structures and staffing for administrative and public service agencies according to the assignment of the Minister, including:

a) Draft Laws, Decrees, and Decisions for the Minister to submit to the Government and the Prime Minister;

b) Draft Circulars on organizational structures and staffing for the Minister to issue and draft joint Circulars of the Ministry of Home Affairs with other ministries and ministerial-level agencies on organizational structures and staffing by sector and field.

2. Drafting five-year and annual plans on organizational structures and staffing for administrative and public service agencies according to the directives of the Minister; assisting the Minister in directing the implementation of these plans after they have been approved.

3. Drafting proposals on: the organizational structure of the Government during each term of the National Assembly; establishment, merger, consolidation, division, dissolution of ministries, ministerial-level agencies, and government agencies; allocation and decentralization of management of administrative and public service organizations; mechanisms for self-management and responsibility for implementing tasks, organization, and staffing for administrative agencies and public service units; classification and ranking of administrative and public service organizations.

4. Cooperating with ministries, ministerial-level agencies, and government agencies in drafting proposals on allocation and decentralization of management by sector and field and proposals on organizational structures and staffing according to the assignment of the Minister.

5. Submitting to the Minister for review:

a) Draft Decrees of the Government stipulating the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies;

Assisting the Minister in conducting a final review of draft Decrees of the Government stipulating the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies before the Prime Minister signs and issues them.

b) Draft Decisions of the Prime Minister stipulating the functions, tasks, powers, and organizational structures of general departments and equivalent organizations under ministries and ministerial-level agencies;

c) Proposals on establishing, merging, dissolving, and reorganizing administrative and public service organizations related to advisory and inter-ministerial coordination organizations proposed by ministries, ministerial-level agencies, government agencies, and provincial People's Committees to be submitted to the Prime Minister.

6. Directing and inspecting the implementation of common criteria for classifying and ranking administrative and public service organizations for ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

7. Assisting the Minister in coordinating with ministries to issue regulations guiding the functions, tasks, powers, and organization of specialized agencies under People's Committees at all levels.

8. Submitting to the Minister for the Minister to submit to the Prime Minister the annual staffing for administrative and public service establishments of central ministries and localities.

9. Submitting to the Minister for decision:

a) Ranking according to authority for administrative and public service organizations proposed by ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

b) Assigning administrative staffing and overseas working staffing for organizations under ministries and ministerial-level agencies and administrative staffing for provincial People's Committees after the Prime Minister approves the total annual national administrative staffing;

c) Assigning civil servant staffing in leadership and management bodies of public service establishments of central ministries and localities.

d) Supplementing administrative staffing for ministries, ministerial-level agencies, and provincial People's Committees within the reserve staffing after the Prime Minister approves;

e) Assigning overseas working staffing for organizations under government agencies and staffing for associations using state staffing after the Prime Minister approves.

10. Assisting the Minister in reviewing public service staffing standards by sector and field for ministries and ministerial-level agencies managing sectors and fields to issue.

11. Assisting the Minister in compiling and reporting to the Government and the Prime Minister on the administrative and public service staffing of administrative and public service agencies nationwide.

12. Assisting the Minister in auditing the reduction targets of staffing for ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

13. Directing and inspecting professional matters concerning organizational structures and staffing of ministries, ministerial-level agencies, government agencies, and People's Committees; recommending to the Minister actions to address violations regarding organizational structures and staffing as prescribed by law.

14. Taking the lead or cooperating with relevant organizations to implement administrative reform programs on organizational structures and state staffing according to the assignment of the Minister.

15. Drafting documents to participate in the opinions of the Ministry on proposals for establishing, restructuring, and changing models of state-owned enterprises when requested by ministries and ministerial-level agencies.

16. Taking the lead or participating in scientific research and professional training in the field of organizational structures and state staffing; organizing domestic and international conferences on organizational structures and state staffing according to the directives of the Minister.

17. Assisting the Minister in organizing mid-term and final reviews of the implementation of tasks on organizational structures and staffing for administrative and public service agencies.

18. Implementing comprehensive and statistical work on the organization and staffing of administrative and public service agencies; providing information and coordinating with the Ministry's Information Center to build databases on organizational structures and staffing.

19. Taking the lead or cooperating in resolving complaints and petitions related to organizational structures and staffing according to the delegation of the Ministry and the provisions of law.

20. Perform other tasks assigned by the Minister.

Article 3. Organization and Working System

1. The Department Head:

The Department has a Director and several Deputy Directors, who are appointed, relieved, or dismissed by the Minister in accordance with the provisions of the law.

a) The Director is responsible to the Minister for organizing and implementing the tasks stipulated in Article 2 and has the following specific duties and authorities:

- Organizing and directing the implementation of the Department's tasks and being accountable to the Minister for all aspects of the Department's work;

- Assigning tasks, supervising, urging, and inspecting the implementation of tasks by Deputy Directors, Heads of Departments, Deputy Heads of Departments, and civil servants within the Department;

- Defining the functions, tasks, and working regulations of the Department;

- Signing on behalf of the Minister to respond, provide clarifications, give guidance on professional matters, request information provision, and other issues delegated by the Minister regarding organizational structure and staffing under the Ministry of Home Affairs' jurisdiction;

- Coordinating with organizations within the Ministry and related agencies in resolving issues within the Department's functions, tasks, and authorities;

- Implementing information work for civil servants in the Department according to the Ministry's Working Regulations;

- Deciding on the contents of interim and final reports, making recommendations to the Minister on policies and solutions in the implementation of the Department's tasks;

- Implementing the Department's regulations; managing civil servants and assets allocated according to the Minister's classification.

b) Deputy Directors perform specialized tasks and assist the Director in overseeing one or more aspects of work as assigned by the Director; they are accountable to the Director for the tasks delegated to them.

When the Director is absent, a Deputy Director may be authorized by the Director to manage and direct the Department's activities in accordance with the regulations.

2. The Department's Organization

The Department's organization includes:

+ Department of Organizational Structure Management;

+ Department of Staffing Management.

Each Department has a Head, several Deputy Heads, and civil servants. The Heads and Deputy Heads are appointed, relieved, or dismissed by the Minister in accordance with the provisions of the law.

The Director assigns tasks to the Heads, who are accountable to the Director for all activities of their Departments and the tasks assigned by the Director. The Heads assign tasks to Deputy Heads and officers; Deputy Heads and officers are accountable for the execution of their tasks to the Heads and the Director.

3. Working System of the Department and Departments

a) The Department and Departments operate under a system combining officer-based work with chief executive responsibility; when the Ministry leadership works directly with Deputy Directors, Heads, Deputy Heads, and officers, Deputy Directors, Heads, Deputy Heads, and officers are responsible for implementing the Ministry leadership's opinions and subsequently reporting to the Director.

b) The Department manages professionally and administratively through tasks assigned to each officer within the Department; officers can work directly with the Department leadership in handling professional matters; ensuring the management of the Departments as prescribed.

c) The Departments directly manage professionally and administratively over officers within the Departments; the Heads provide comments on draft documents before officers submit them to the Director.

Article 4. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from the date of signing.

Abolish Decision No. 50/2003/QĐ-BNV dated August 18, 2003 of the Minister of the Ministry of Home Affairs on the functions, tasks, authorities, and organizational structure of the Department of Organization and Staffing.

2. The Chief of the Ministry's Office, the Director of the Department of Organization and Staffing, the Director of the Department of Cadre and Civil Servant Organization, and the Heads of subordinate agencies and units under the Ministry shall be responsible for implementing this Decision.