Decree No. 171/2004/NĐ-CP on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government

DECREE

Regulations on organizing specialized agencies under provincial People's Committees and centrally governed cities

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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:

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

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

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

3. The Office of the Delegation of National Assembly Members, the Office of the Provincial People's Council, Industrial Park Management Boards, High-Tech Zone Management Boards, Open Economic Zone Management Boards, Border Economic Zone Management Boards, public service organizations directly under provincial People's Committees, and organizations of central agencies placed at local levels do not fall within the scope regulated by this Decree.

Article 2. Principles for organizing specialized agencies under provincial People's Committees

1. Streamlined, rational, effective, meeting the requirements of state management at the provincial level, and ensuring unified management of sectors and fields from central to local levels.

2. Organizing multi-sector, multi-field management at the provincial level; it is not necessary that there be a Ministry, agency equivalent to a Ministry, or agency under the Government at the central level for there to be a corresponding organization at the provincial level.

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

4. Ensuring compliance with the authority, procedures, and formalities for establishing specialized agencies as prescribed in this Decree and other relevant laws.

Article 3. Position and functions of specialized agencies under provincial People's Committees

1. Specialized agencies under provincial People's Committees are advisory bodies assisting provincial People's Committees in performing state management functions at the local level and carrying out certain tasks and powers delegated by provincial People's Committees and as provided by law; contributing to ensuring unified management of sectors or fields of work from central to grassroots levels.

2. Specialized agencies under provincial People's Committees are subject to the direction and management regarding organization, staffing, and personnel work by provincial People's Committees, while also being subject to the direction and supervision regarding business operations by higher-level specialized agencies.

Article 4. Tasks and powers of specialized agencies under provincial People's Committees

1. Submitting to provincial People's Committees for issuance of decisions and directives on areas of state management assigned.

2. Submitting to provincial People's Committees for planning long-term, five-year, and annual plans on areas of state management assigned.

3. Submitting to provincial People's Committees for programs and measures to organize the implementation of administrative reform tasks within the areas of state management assigned.

4. Submitting to the Chairman of provincial People's Committees for decisions on establishment, merger, dissolution of units under provincial specialized agencies according to the provisions of law; defining functions, tasks, and powers of subordinate Inspection Bureaus.

5. Submitting to the Chairman of provincial People's Committees for issuance of standards and titles for Heads and Deputy Heads of specialized agencies 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 sectoral or field management.

6. Implementing legal regulations and plans after approval; disseminating, popularizing, and educating about laws in areas under their state management.

7. Implementing and being responsible for appraisal, registration, issuing licenses, certificates, and qualifications within the scope of responsibility of provincial specialized agencies according to the provisions of law, pursuant to delegation or authorization by provincial People's Committees.

8. Assisting provincial People's Committees in managing state enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations within the areas of management of provincial specialized agencies according to the provisions of law.

9. Taking the lead and coordinating with the Department of Personnel Administration and the Department of Finance to guide and inspect mechanisms of self-management and self-responsibility of public service units according to the provisions of law.

10. Implementing international cooperation in areas managed by Departments according to the provisions of law, pursuant to delegation or authorization by provincial People's Committees.

11. Providing professional guidance and supervision over areas of management of provincial specialized agencies to specialized agencies under district-level People's Committees.

12. Organizing research and application of scientific and technological progress; building information and archival systems serving state management and professional work.

13. Implementing information and regular and ad hoc reporting on the implementation of assigned tasks according to the provisions of provincial People's Committees and Ministries, agencies equivalent to Ministries, and agencies under the Government.

14. Inspecting and auditing according to sectors and fields under their responsibility towards organizations and individuals in implementing legal provisions; resolving complaints, accusations, anti-corruption, and waste according to the provisions of law or delegation by provincial People's Committees.

15. Defining functions, tasks, and powers of offices, professional departments, and public service units under provincial specialized agencies; managing staffing, implementing salary systems and incentive policies, rewards, punishments, training, and professional development for civil servants, public officials, and employees under the scope of state management of provincial specialized agencies according to the provisions of law.

16. Managing finance and assets of provincial specialized agencies according to the provisions of law and delegation by provincial People's Committees.

17. Performing other tasks assigned by provincial People's Committees.

Article 5. Organizational structure of specialized agencies under provincial People's Committees

The organizational structure of specialized agencies under provincial People's Committees includes:

1. Offices, Inspection Departments, Professional Departments;

2. Inspection Bureaus (not necessarily present in all specialized agencies);

3. Public Service Organizations (not necessarily present in all specialized agencies).

Article 6. Heads of specialized agencies under provincial People's Committees

1. The head of the specialized agency under the provincial People's Committee is responsible for leading and bearing responsibility before the People's Committee, the Chairman of the provincial People's Committee, and the law regarding the performance of their functions, tasks, and powers.

2. The Deputy Head of the specialized agency under the provincial People's Committee assists the Head in directing certain aspects of work and bears responsibility before the Head for the assigned tasks. When the Head is absent, a Deputy Head authorized by the Head shall manage the activities of the provincial specialized agency.

The number of Deputies of the specialized agency under the provincial People's Committee shall not exceed three persons.

3. The transfer, rotation, commendation, disciplinary action, decision to resign, retirement, and implementation of policies for the Heads and Deputies of the specialized agencies under the provincial People's Committee shall be decided by the Chairman of the provincial People's Committee in accordance with the provisions of the law.

Article 7. Working regime and responsibilities of the Head of the specialized agency under the provincial People's Committee of the province

1. The specialized agency under the provincial People's Committee operates under the head system.

2. The Head of the specialized agency under the provincial People's Committee bases on the laws and assignments from the provincial People's Committee to issue working regulations, information reporting systems of the agency, and directs and supervises the implementation of these regulations after issuance.

3. The Head of the specialized agency under the provincial People's Committee is responsible for performing their functions, tasks, and powers and the works assigned or delegated by the People's Committee, the Chairman of the provincial People's Committee; practicing thrift, combating waste, and bearing responsibility when corruption occurs or losses are caused within the organizations and units under their management.

4. The Head of the specialized agency under the provincial People's Committee has the responsibility to report to the People's Committee, the Chairman of the provincial People's Committee, and the Ministries, ministerial-level agencies, and government agencies managing sectors and fields at the central level about the organization and operation of their agency; seek opinions on issues exceeding their authority and report work to the People's Council and People's Committee upon request; coordinate with the Heads of other specialized agencies at the same level and political-social organizations to resolve issues related to their functions, tasks, and powers.

Chapter II

ORGANIZATION OF SPECIALIZED AGENCIES OF THE PROVINCIAL PEOPLE'S COMMITTEE

Article 8. Specialized agencies under the provincial People's Committee are organized uniformly

1. Department of Home Affairs: advises and assists the provincial People's Committee in exercising state management over home affairs, including organizational structure, staffing of administrative and public service agencies; administrative reform; local administration organization, territorial administrative management; civil servants, public officials, and employees of the state, village, town, and township officials; organization of associations and non-governmental organizations.

2. Department of Finance: advises and assists the provincial People's Committee in exercising state management over finance, state budget, taxes, fees, and other revenues of the state budget, financial funds, financial investment, corporate finance, accounting, auditing, prices, and financial services activities in the locality in accordance with the law.

3. Department of Planning and Investment: advises and assists the provincial People's Committee in exercising state management over planning and investment, including areas such as comprehensive planning and development plans for socio-economic development; organizing implementation and proposing mechanisms and policies for socio-economic management in the province; domestic and foreign investments in the locality; management of official development assistance (ODA) support, bidding, business registration within the locality.

4. Department of Agriculture and Rural Development: advises and assists the provincial People's Committee in exercising state management over agriculture, forestry, water resources, flood control, dike protection, rural development, salt industry, fisheries (in provinces without a Fisheries Department).

5. Department of Industry: advises and assists the provincial People's Committee in exercising state management over industry and small-scale industry, including machinery, metallurgy, chemicals (including pharmaceuticals), electricity, oil and gas (if any), mineral resource extraction industry, industrial explosives, consumer goods industry, food processing industry, and other processing industries.

6. Department of Construction: advises and assists the provincial People's Committee in exercising state management over construction in the locality, including construction, building materials, housing and office buildings, architecture, urban construction planning, rural residential area construction planning; urban technical infrastructure (including sidewalks, urban roads, water supply, drainage, lighting, urban parks, greenery, urban waste, cemeteries, urban parking lots).

7. Department of Transport (in centrally governed cities, it is the Department of Transport and Public Works): advises and assists the provincial People's Committee in exercising state management over transport and transportation, including roadways and inland waterways.

In addition to the above provisions, the Department of Transport and Public Works is responsible for advising and assisting the municipal People's Committee in exercising state management over urban technical infrastructure, including water supply and drainage, urban environmental sanitation, urban parks and lighting, urban waste, and urban parking lots.

8. Department of Natural Resources and Environment: advises and assists the provincial People's Committee in exercising state management over land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying, and mapping.

9. Department of Commerce and Tourism: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of commerce and tourism, including domestic circulation of goods and exports, imports; market management; protection of consumer rights; competition management, anti-monopoly, anti-dumping; promotion of trade, e-commerce, registration of establishment of representative offices and branches of traders and Vietnamese tourism enterprises operating in the field of commerce and tourism abroad and of foreign traders operating in the field of commerce and tourism in Vietnam.

10. Department of Science and Technology: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of scientific and technological activities, development of scientific and technological potential; product and commodity standards, measurement, and quality; commodity labeling, intellectual property (excluding copyright for literary and artistic works and trademarks); radiation and nuclear safety.

11. Department of Education and Training: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of education and training (excluding vocational training).

12. Department of Health: advise and assist the People's Committee at the provincial level to perform state management functions in the field of health care and protection, including preventive healthcare; diagnosis and treatment; rehabilitation; traditional medicine, medicines for disease prevention for people, cosmetics affecting human health; food safety and medical equipment.

13. Department of Culture, Information and Sports: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of culture and information, including cultural heritage, performing arts, cinema, fine arts, photography, exhibitions, press, publishing, printing, distribution, copyright for literary and artistic works, libraries, advertising, mass culture, propaganda information, radio and television, sports according to the provisions of the law.

14. Department of Labour, Invalids and Social Affairs: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of labour, employment, occupational safety, vocational training, policies for invalids, martyrs and those who have rendered meritorious services, social assistance, prevention of social evils, social insurance, wages and remuneration in the production and business sector.

15. Department of Justice: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of legislative document construction work, inspection and handling of legislative documents, popularization and legal education, civil enforcement, notarization, household registration, nationality, criminal record, lawyers, legal consultation, legal aid, forensic examination, grassroots mediation, auctioning of assets and commercial arbitration, and other judicial work as prescribed by law.

16. Department of Posts and Telecommunications: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of postal services, telecommunications, electronics, Internet, broadcasting transmission, radio frequency spectrum, information technology, and information infrastructure.

17. Provincial Inspectorate is a specialized agency under the People's Committee at the provincial level, responsible for assisting the same-level People's Committee to perform state management functions in the field of inspection work and to carry out administrative inspection tasks within the scope of management of the People's Committee at the provincial level.

18. Population, Family and Children Committee: advise and assist the People's Committee at the provincial level to perform state management functions in the fields of population, family, and children.

19. Office of the People's Committee at the provincial level (the functions, powers, responsibilities, and organizational structure of the Office of the People's Committee at the provincial level shall be prescribed by the Government).

Article 9. Specialized agencies under the People's Committee at the provincial level are organized based on the specific characteristics of each locality.

Based on natural conditions, population, socio-economic development situation, and management requirements at the local level, the People's Committee at the provincial level may submit to the Provincial People's Council for decision to establish some specialized agencies based on the following criteria:

1. Department of Foreign Affairs

a) The Department of Foreign Affairs shall be established in provinces with land borders and international border gates or national ports.

b) For provinces without land borders, but must meet the following criteria:

Having one of the areas: industrial zones, export processing zones, high-tech zones, open economic zones, border economic zones decided to be established by the Government or the Prime Minister.

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

c) The Department of Foreign Affairs advises and assists the People's Committee at the provincial level to perform state management functions in the field of diplomatic work and national territorial boundary management (in provinces with land borders) as prescribed by law.

d) For provinces that do not meet the criteria for establishing the Department of Foreign Affairs as stipulated in point a and point b of Clause 1 of this Article, the Provincial People's Committee may establish a Foreign Affairs Office under the Office of the People's Committee at the provincial level.

2. Department of Tourism

a) The Department of Tourism shall be established in provinces with national tourist areas, regional tourism products with distinctive features; cultural and historical tourism, sightseeing and research tourism, resort tourism, or tourism identified as a key economic sector with significant importance in restructuring the economy and solving labor issues at the local level.

b) The Department of Tourism advises and assists the People's Committee at the provincial level to perform state management functions in the field of tourism, registration of establishment of representative offices of foreign traders and foreign tourism enterprises operating in the field of tourism.

c) In case of establishing a separate Department of Tourism, the name of the Department of Commerce and Tourism shall be changed to the Department of Commerce, and its functions, responsibilities, and organizational structure shall be adjusted accordingly.

3. Department of Fisheries

a) The Department of Fisheries shall be established in coastal provinces, or provinces where fisheries are the main economic sector, playing a significant role in restructuring the economy and solving labor issues at the local level.

b) The Department of Fisheries advises and assists the People's Committee at the provincial level to perform state management functions in the fields of fishery breeding, harvesting, processing, protection, and development of fishery resources.

c) In the case where a separate Fisheries Department is established, the functions and tasks related to fisheries shall be transferred from the Department of Agriculture and Rural Development to the Fisheries Department.

4. Sports and Physical Culture Department

a) The Sports and Physical Culture Department shall be established in provinces where mass sports movements and high-performance sports are developed, and have technical facilities including stadiums, training and competition centers for sports that meet the standards prescribed for provincial level or higher.

b) The Sports and Physical Culture Department shall advise and assist the People's Committee at the provincial level in performing state management functions regarding sports and physical culture.

c) In the event of establishing a Sports and Physical Culture Department, the name of the Department of Culture, Information, and Sports and Physical Culture shall be changed to the Department of Culture and Information, and its functions, tasks, and organizational structure shall be adjusted accordingly.

5. Hanoi City and Ho Chi Minh City shall establish a Planning and Architecture Department.

The Planning and Architecture Department shall advise and assist the People's Committee of the city in performing state management functions regarding architecture, urban planning, and rural residential area planning.

6. Religious Affairs Board: The criteria for establishing the Religious Affairs Board shall be implemented according to Decree No. 22/2004/NĐ-CP dated January 12, 2004, of the Government on improving the organizational structure of religious work agencies under the People's Committees at all levels.

7. Ethnic Minorities Affairs Board: The criteria for establishing the Ethnic Minorities Affairs Board shall be implemented according to Decree No. 53/2004/NĐ-CP dated February 18, 2004, of the Government on improving the organizational structure of ethnic affairs agencies under the People's Committees at all levels.

8. Forest Protection Agency shall be organized within a vertical system; its functions, powers, duties, and organizational structure shall be decided by the Prime Minister.

Chapter III

FUNCTIONS, POWERS OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, AND AGENCIES UNDER THE GOVERNMENT AND PEOPLE'S COMMITTEES AT THE PROVINCIAL LEVEL REGARDING SPECIALIZED ORGANIZATION

Article 10. Minister of Home Affairs

1. In cases of necessity, submit to the Prime Minister for decision on the establishment, merger, or dissolution of specialized agencies under the People's Committee at the provincial level, to meet the requirements of state management and decentralization by the Government.

2. Coordinate with Ministries, agencies equivalent to Ministries, and agencies under the Government managing sectors and fields to issue specific guidelines on the functions, powers, duties, and organizational structures of specialized agencies under the People's Committee at the provincial level.

3. Inspect, audit, and resolve complaints and denunciations concerning the organization of specialized agencies under the People's Committee at the provincial level in accordance with this Decree and other relevant regulatory legal documents.

Article 11. Ministers, Heads of agencies equivalent to Ministries, and Heads of agencies under the Government

1. Submit to the Government for decision on the decentralization of state management tasks in sectors and fields of work to the People's Committee at the provincial level.

2. Issue standards for the positions of Heads and Deputy Heads of specialized agencies under the People's Committee at the provincial level according to the sectors and fields managed.

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

4. Take the lead and coordinate with the Ministry of Home Affairs to provide guidance on the functions, powers, duties, and organizational structures of specialized agencies under the People's Committee at the provincial level.

Article 12. Provincial People's Committees

1. Submit to the Provincial People's Council:

a) Approval of the structure of specialized agencies under the Provincial People's Committee as prescribed in Article 8 of this Decree;

b) Decision on establishment, merger, and dissolution of some specialized agencies under the Provincial People's Committee as prescribed in Article 9 of this Decree.

2. Specify the tasks, powers, and organizational structure of specialized agencies under the Provincial People's Committee in accordance with this Decree and other relevant legal normative documents.

Article 13. Chairman of the Provincial People's Committee

1. Appoint and remove the Heads and Deputy Heads of provincial specialized agencies based on standards and titles specified by Ministries, ministerial-level agencies, and agencies under the Government managing sectors and fields (except for the appointment and removal of the Chief Inspector of the province, which shall be carried out in accordance with the Inspection Law).

2. Annually report on the organization and operation of provincial specialized agencies to the Provincial People's Council and the Minister of Home Affairs.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Provincial People's Committee shall complete the restructuring and reorganization of its provincial specialized agencies within ninety days from the date this Decree takes effect.

2. Repeal Decree No. 152/HĐBT dated December 13, 1983 of the Council of Ministers on the tasks, powers, and organizational structure of specialized agencies under the People's Committees of provinces and centrally-administered cities, Decree No. 39/CP dated May 18, 1994 of the Government on the system of organization and tasks, powers of Forest Rangers, Decree No. 01/1998/NĐ-CP dated January 3, 1998 of the Government on the local health care system, and Decree No. 12/2001/NĐ-CP dated March 27, 2001 of the Government on the reorganization of some specialized agencies under the People's Committees of provinces and centrally-administered cities and district, county, town, and city-level People's Committees under provinces.

Article 15. 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 the implementation of this Decree and report to the Prime Minister on the results of its implementation.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Councils, and Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.