Decree No. 15-CP On the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies

 DECREE

VOn the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies.

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Government's Resolution at the session on January 29, 1993;
To clearly define the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies in their respective sectors and fields;

DECREE:

Chapter I:

GENERAL PROVISIONS

Article 1. Ministries and ministerial-level agencies (hereinafter referred to collectively as Ministries) are governmental bodies under the Government that perform state management functions in their respective sectors or fields nationwide.

Article 2. Ministries manage their sectors or fields through unified laws nationwide, with responsibilities divided between Ministries and provincial People's Committees based on the distinction between the state management functions of Ministries and the activities of business and public service organizations.

Article 3. Ministers and heads of ministerial-level agencies (hereinafter referred to collectively as Ministers) are members of the Government, leading and directing their Ministries, and are responsible to the Prime Minister and the National Assembly for their respective sectors or fields.

Ministers carry out state management tasks and powers in their respective sectors or fields nationwide as prescribed in Chapter 4 of the Law on the Organization of the Government and further detailed in this Decree.

Deputy Ministers and deputy heads of ministerial-level agencies (hereinafter referred to collectively as Deputy Ministers) assist Ministers, are assigned to direct certain aspects of work by Ministers, and are responsible to Ministers for the tasks assigned to them.

The number of Deputy Ministers in each Ministry is determined by the Prime Minister upon the proposal of the Minister.

Article 4. The organizational structure of a Ministry includes:

1. Agencies assisting the Minister in performing state management functions.

- Departments,

- Inspectorate;

- Office.

In accordance with specific regulations of the Government, some Ministries may organize Bureaus and General Directorates to perform specialized state management functions.

2. Public service organizations directly subordinate to the Ministry.

Agencies assisting the Minister in performing state management functions and public service organizations directly subordinate to the Ministry are established by the Prime Minister upon the proposal of the Minister managing the sector or field and the review opinion of the Minister in charge of the Organizational and Cadre Affairs Board of the Government.

Chapter 2:

TASKS, POWERS, AND RESPONSIBILITIES FOR STATE MANAGEMENT OF MINISTRIES IN THEIR SECTORS OR FIELDS

Article 5. Regarding laws:

1. Submit draft laws, ordinances, regulatory documents, and policies and systems for sectoral or field management to the Government;

2. Issue decisions, directives, circulars to guide, inspect, and ensure the uniformity and effectiveness of the implementation of state laws by industries, localities, institutions, and citizens;

3. Issue standards, procedures, norms, and economic and technical quotas within their authority;

4. Implement the issuance or revocation of certificates and licenses in their sectors or fields according to the law;

5. Propagate and educate about laws.

Article 6. Regarding planning:

1. Submit strategies, plans, and development programs for their sectors or fields nationwide to the Government for approval and organize guidance for their implementation once approved by the Government;

2. Submit programs and projects in their sectors or fields to the Government for approval and direct and inspect their implementation;

3. Approve or participate in the approval of the establishment and dissolution of enterprises and public service organizations in their sectors or fields according to the Government's regulations;

4. Approve or participate in the approval of economic and technical justifications, designs, and budgets for construction projects and programs in their sectors or fields according to the division of authority and management regulations of the State;

5. Direct and inspect the implementation of economic and social tasks and public service activities in their sectors or fields assigned to them.

Article 7. Regarding finance:

1. Coordinate with the Ministry of Finance and the State Planning Commission to develop and submit to the Government financial plans for their sectors or fields linked to economic and social development plans and target programs, including parts managed and implemented by the Ministry and parts managed and implemented by other sectors and localities;

a) For the part of the financial plan directly managed and implemented by the Ministry, after being approved by the Government, the Minister has the right to allocate, inspect expenditures, and be responsible for final accounts. If necessary, within the total budget revenue and expenditure ceiling approved, the Minister has the right to adjust details to implement assigned tasks without changing the approved objectives. Such adjustments must be reported to the Ministry of Finance and the State Planning Commission.

b) For the part of the financial plan managed and implemented by other sectors and localities, the Ministry monitors and inspects its implementation in accordance with the approved objectives and programs. If necessary, the Ministry, together with the Ministry of Finance and the State Planning Commission, adjusts the approved financial plan to ensure the implementation of assigned tasks and objectives. If such adjustments increase budget spending and change the approved objectives, they must be submitted to the Prime Minister for decision.

2. Direct and urge units under the Ministry's management to collect taxes and other revenues for the State budget;

3. Organize accounting, auditing, inspection, and evaluation of the preservation, utilization of capital, and assets allocated by the State to the Ministry, public service organizations, and enterprises directly managed by the Ministry.

Article 8. Regarding organization and civil servants:

1. Submit to the Prime Minister for decision the organizational system and standard positions of civil servants in their sectors or fields and organize guidance for their implementation;

2. Submit to the Prime Minister for appointment, dismissal, and removal of Deputy Ministers, General Directors (and some Bureau Chiefs), Deputy General Directors, and other positions specified by the Government to be decided by the Prime Minister; appoint, dismiss, transfer, and remove Department Chiefs, Deputy Department Chiefs, Deputy Inspectors, and equivalent positions.

Before appointing or dismissing the head of a specialized agency of the Ministry located in a locality, the Minister shall consult with the Chairman of the People's Committee of the province or centrally-administered city.

3. Organize training and upgrading of professional civil servants in their sectors or fields; decide on recruitment, employment, rewards, punishments, retirement, and other systems for civil servants in organizations directly managed by the Ministry.

4. Issue professional and vocational standards for the heads of sectoral or field agencies under the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as Department Directors) after obtaining the agreement of the Minister, Head of the Organization and Cadre Affairs Agency under the Government;

5. Agree on the appointment, removal, or dismissal of Department Directors so that the Chairman of the People's Committee of provinces and centrally governed cities can make the decision. For Department Directors managing multiple sectors, after consulting with relevant Ministries, the Chairman of the People's Committee of provinces and centrally governed cities makes the decision on their appointment, removal, or dismissal. In case of disagreement, the Chairman of the People's Committee of provinces and centrally governed cities shall make the decision and bear responsibility;

6. The Minister has the right to recommend to the Prime Minister to revoke the decision of the Chairman of the People's Committee of provinces and centrally governed cities regarding the appointment, removal, or dismissal of Department Directors if it does not comply with the provisions of this Article;

Article 9. Regarding international relations:

1. Submit to the Government matters related to joining international organizations; signing, joining, and approving international treaties within the scope of the sector or field; organizing and directing the implementation of international cooperation plans and international treaties as prescribed by the Government;

2. Participate in negotiations or negotiate with relevant foreign organizations upon written authorization from the Prime Minister;

3. Direct the implementation of international funding programs and projects (including government aid and non-governmental aid) as prescribed by the Government and the Prime Minister; manage the invitation and activities of foreign organizations and individuals in Vietnam; organize and dispatch Vietnamese delegations abroad;

4. Organize and participate in international conferences and seminars within the scope of the sector or field after obtaining permission from the Prime Minister;

Article 10. Regarding inspection and supervision:

1. Guide and inspect Ministries, agencies at the level of ministries, government agencies, local people's committees, economic organizations belonging to various components, social organizations, citizens, and foreigners in Vietnam in the implementation of state laws and regulations issued by the Ministry concerning the sector or field;

2. Organize and direct specialized inspection work within the sector or field under its responsibility; conclude cases that have been inspected and handle disciplinary actions and administrative violations according to the law;

The Minister responsible for the sector or field has the right to propose to the Minister or head of an agency at the level of a ministry or government agency to suspend the enforcement, amend, or revoke regulations issued by such agency that contravene national laws or regulations of the Ministry concerning the sector or field under its responsibility. If the agency receiving the proposal disagrees, it shall be submitted to the Prime Minister for a decision. The Minister bears responsibility for the decision to suspend enforcement;

The Minister has the right to propose to the Prime Minister to suspend the enforcement of resolutions of provincial and centrally governed city People's Councils that contravene national laws or regulations of the Ministry concerning the sector or field under its responsibility;

The Minister has the right to suspend the enforcement and propose to the Prime Minister to revoke regulations of provincial and centrally governed city People's Committees and their Chairmen that contravene regulations of the Ministry concerning the sector or field under its responsibility and bear responsibility for the decision to suspend enforcement. If the provincial or centrally governed city People's Committee disagrees with the decision to suspend enforcement, they must still comply but have the right to propose to the Prime Minister;

3. Take the lead and participate in resolving disputes related to state management within the sector or field under its responsibility;

4. Resolve complaints and reports from citizens within the responsibility of the Ministry;

5. Inspect and create conditions for associations and non-governmental organizations within the sector or field to operate in accordance with the law;

Article 11. The Ministry responsible for planning and finance, in addition to the tasks and powers mentioned above, also has the following tasks and powers:

1. Develop the national socio-economic development strategy and submit it to the Government;

2. Develop the national financial plan, budget revenue and expenditure balance plan, and state budget draft (including foreign borrowing plan and basic construction investment plan); propose and adjust budget plans for sectors, fields, and regions to the Government;

3. Monitor and inspect the implementation of state plans and budgets at ministries and localities;

4. Submit to the Prime Minister for a decision on the use of the national reserve fund;

Article 12. Regarding subordinate public institutions:

1. Propose to the Prime Minister for a decision on establishing, splitting, merging, dissolving, or transferring ownership of public institutions;

2. Define tasks and allocate state budget funds for units based on assigned tasks;

3. Guide, direct, and inspect the implementation of tasks, use of allocated funds and assets in accordance with intended purposes;

4. Appoint, remove, reward, and discipline leaders at the director and deputy director levels of public institutions and manage the civil servant workforce according to the Government's regulations;

Article 13. Regarding state-owned enterprises directly under the Ministry:

1. Decide on the establishment and dissolution of enterprises;

2. Define production and business directions;

3. Inspect capital preservation, asset utilization, and compliance with laws and policies;

4. Decide on the appointment of enterprise leadership;

Detailed tasks and powers of the Ministry over state-owned enterprises directly under the Ministry are prescribed by the Prime Minister;

Chapter 3:

WORKING REGIME AND RELATIONSHIPS OF THE MINISTRY

Article 14.

1. The Ministry presents reports to the National Assembly and the Standing Committee of the National Assembly as required by the National Assembly and responds to questions from National Assembly deputies;

2. When the Standing Committee of the National Assembly, the Ethnic Council, and the National Assembly's Committees request, the Ministry is responsible for presenting or providing necessary documents;

3. The Ministry is responsible for responding to recommendations from the Ethnic Council and National Assembly Committees within the latest period of 15 days from the date of receipt of the recommendation.

Article 15. The Ministry shall comply with the leadership and direct guidance of the Prime Minister; must report to and seek directives from the Government on issues exceeding the assigned authority; be subject to inspection and supervision by the Government for management activities delegated by the Government to the Ministry. The Ministry may not transfer issues within its jurisdiction to the Government or the Prime Minister.

Article 16.

1. The Ministry shall implement state management regulations within the authority of other Ministries, and shall not issue documents contrary to the provisions of the Government, the Prime Minister, or other Ministries;

2. The Ministry shall proactively discuss with other Ministries to resolve cross-sector state management issues. If the relevant Ministries cannot reach consensus, they shall submit the matter to the Prime Minister for decision.

Issues submitted by the Ministry to the Prime Minister that involve other Ministries must have the formal opinion of those Ministries in writing. Ministries consulted must responsibly study and reply within no more than ten days from receipt of the document; if they fail to respond, it will be deemed as agreement.

Article 17.

1. The Ministry shall submit to the Government for decision the content of state management by provincial People's Committees under the central government regarding sectors and fields after reaching a unified opinion with the Government's Organization-Cadre Board; guide and inspect provincial People's Committees under the central government on the delegation of authority to district and commune People's Committees and equivalent administrative units concerning the content of management of sectors and fields under the Ministry's purview;

2. The Minister must allocate time to direct and inspect work within the sector or field and directly resolve requests from provincial People's Committees under the central government. If the Minister delegates tasks and resolution of local requests to a Deputy Minister, the Minister remains responsible for decisions made by the Prime Minister through such delegation.

Article 18. The Minister must fully utilize their authority to resolve all issues within the scope of the Ministry’s functional management.

The Minister may only delegate authority to a Deputy Minister to resolve matters within the Minister's jurisdiction and is responsible for such delegation.

Article 19. The Ministry shall cooperate with trade unions and other mass organizations while performing its duties; create conditions for these organizations to operate and participate in building related systems and policies.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 20. This Decree replaces Decree No. 196-HĐBT dated December 11, 1989, and takes effect from the date of issuance.

Ministries shall base this Decree to establish or amend decrees on the tasks, authorities, and responsibilities of state management of Ministries to submit to the Government for issuance.

Article 21. Government agencies with national state management functions for sectors and fields shall use the tasks, authorities set forth in Articles 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 18, and 19 of this Decree.

This Decree does not apply to public institutions and economic organizations directly under the Government.

Article 22. The Minister of the Government's Organization-Cadre Board shall guide and inspect the implementation of this Decree.

Ministers, heads of agencies at the level of ministries, heads of government agencies, and Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.