Decree No. 172/2004/ND-CP on the organization of specialized agencies under the People's Committees of districts, towns, urban cities under provinces

DECREE

Regulations on organizing specialized agencies under the People's Committee of districts, towns, cities under provinces.

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

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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 regulated subjects

2. Specialized agencies under the People's Committee at the district level include Departments and agencies equivalent to Departments (hereinafter referred to collectively as Departments).

3. Organizations under the People's Committee at the district level, central agencies organized vertically, and agencies of Departments and agencies equivalent to Departments under the People's Committee of provinces directly under the Central Government located in districts are not within the scope of adjustment of this Decree.

Principles for organizing specialized agencies under the People's Committee at the district level

Article 2. 1. Streamlined, reasonable, effective, meeting the requirements of state management at the district level and ensuring unified management from province to grassroots level.

2. Organizing multi-sectoral management work at the district level; it is not necessary that if there is a Department at the provincial level, there must be a corresponding organization at the district level.

3. Suitable with natural conditions, population, socio-economic development situation of the district and the requirements of administrative reform.

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

Position and functions of specialized agencies under the People's Committee at the district level

Article 3. 1. Specialized agencies under the People's Committee at the district level are advisory agencies assisting the People's Committee at the district level in performing state management functions at the local level and implementing certain tasks and powers according to the delegation of the People's Committee at the district level and the provisions of the law; contributing to ensuring unified management in sectors or fields of work at the local level.

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

Tasks and powers of specialized agencies under the People's Committee at the district level

Article 4. 1. Submitting to the People's Committee at the district level for issuance of decisions and directives on areas within the assigned state management scope.

2. Submitting to the People's Committee at the district level for planning and long-term, five-year, and annual plans in the assigned state management area.

3. Submitting to the People's Committee at the district level for programs and measures to organize the implementation of administrative reform tasks within the assigned state management area.

4. Implementing legal normative documents, plans, and programs after approval; providing information, propaganda, dissemination, and education on laws in the assigned areas.

5. Assisting the People's Committee at the district level in implementing and being responsible for the examination, registration, and issuance of business licenses within the responsibility and authority of specialized agencies according to the law and the division of labor by the People's Committee at the district level.

6. Assisting the People's Committee at the district level in managing state affairs over collective economic organizations, private enterprises, associations, and non-governmental organizations operating within the assigned management areas according to the law.

7. Providing professional guidance on the management area of specialized agencies to civil servants at communes, wards, towns (hereinafter referred to collectively as commune level).

8. Organizing the application of scientific and technological progress; building information systems and archives serving state management and professional work of district-level specialized agencies.

9. Implementing 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 Department managing the sector or field.

10. Inspecting and auditing according to the assigned sector or field against organizations and individuals in the implementation of legal provisions; resolving complaints, denunciations, and anti-corruption according to the law and the division of labor by the People's Committee at the district level.

11. Managing organizational structure, staffing, implementing remuneration policies, incentives, rewards, disciplinary actions, training, and professional development for cadres, civil servants, and public officials under the management of district-level specialized agencies according to the law and the division of labor by the People's Committee at the district level.

12. Managing finance and assets of specialized agencies according to the law and the division of labor by the People's Committee at the district level.

13. Performing other tasks assigned by the People's Committee at the district level.

Heads of specialized agencies under the People's Committee at the district level

Article 5. 1. The head of a specialized agency under the People's Committee at the district level is the person in charge and is responsible before the People's Committee, the Chairman of the People's Committee at the district level, and the law for the performance of the functions, tasks, and powers of the specialized agency under their supervision.

2. Deputy heads of specialized agencies under the People's Committee at the district level assist the head in directing certain aspects of work and are responsible to the head for the tasks assigned. When the head is absent, a deputy head appointed by the head can manage the activities of the district-level specialized agency.

3. The number of deputy heads of specialized agencies under the People's Committee at the district level shall not exceed two people.

4. The transfer, rotation, commendation, punishment, dismissal, resignation, and implementation of policies for the head and deputy heads of specialized agencies are decided by the Chairman of the People's Committee at the district level according to the law.

Working system and responsibilities of the head of a specialized agency under the People's Committee at the district level

Article 6. 1. Specialized agencies operate under a chief executive system.

2. The head of a district-level specialized agency bases on the provisions of the law and the division of labor by the People's Committee at the district level to establish working regulations and reporting systems for the agency and directs and supervises the implementation of these regulations.

2. The head of the specialized agency at the district level shall base on the provisions of law and the division of work by the People's Committee at the district level to establish the operational regulations and reporting system of the agency, and direct and inspect the implementation of such regulations.

3. The head of the specialized agency at the district level shall be responsible for performing the functions, tasks, and authorities of their agency and the tasks assigned or delegated by the People's Committee or the Chairman of the People's Committee at the district level; practicing thrift, combating waste, and being accountable when corruption occurs or losses are incurred within the organizations or units under their management.

4. The head of the specialized agency at the district level shall have the responsibility to report to the People's Committee, the Chairman of the People's Committee at the district level, and the Department managing the sector or field regarding the organization and operation of their agency; seek opinions on matters exceeding their authority and report their work to the People's Council and the People's Committee at the same level when requested; coordinate with the heads of other 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 DISTRICT PEOPLE'S COMMITTEE

Article 7. Specialized agencies under the People's Committee at the district level shall be organized uniformly.

1. Civil Affairs - Labor, War Invalids and Social Affairs Office: advise and assist the People's Committee at the district level in performing state management functions concerning civil affairs, labor, war invalids, and social affairs.

2. Finance - Planning Office: advise and assist the People's Committee at the district level in performing state management functions concerning finance, planning, investment, and business registration.

3. Education Office: advise and assist the People's Committee at the district level in performing state management functions concerning preschool education, primary education, lower secondary education, boarding schools for ethnic minorities; county-level comprehensive education centers, technical training centers, and vocational guidance centers.

4. Culture - Information - Sports Office: advise and assist the People's Committee at the district level in performing state management functions concerning culture, information, physical education, sports, radio, and television.

5. Health Office: advise and assist the People's Committee at the district level in performing state management functions concerning health care and protection of the people's health, including preventive health care, medical treatment, rehabilitation, traditional medicine, medicines for disease prevention and treatment, cosmetics affecting human health, food safety, and medical equipment.

6. Natural Resources and Environment Office: advise and assist the People's Committee at the district level in performing state management functions concerning land resources, water resources, mineral resources, and the environment.

7. Justice Office: advise and assist the People's Committee at the district level in performing state management functions concerning the construction of normative legal documents, inspection of normative legal documents, popularization and education of laws, civil enforcement, notarization, household registration, legal aid, grassroots mediation, and other judicial tasks.

8. Economic Office: advise and assist the People's Committee at the district level in performing state management functions concerning agriculture, forestry, fisheries, salt industry, settlement, new economic zones, science and technology, industry, small-scale industries, trade, tourism, and cooperatives.

9. Economic Infrastructure Office (for districts, towns, and cities that establish Urban Management Offices): advise and assist the People's Committee at the district level in performing state management functions concerning architecture, planning, construction, building materials, housing and public buildings, transportation, postal services, and telecommunications.

Urban Management Office: advise and assist the People's Committee at the district level in performing state management functions concerning architecture, planning, construction, housing and public buildings, building materials, transportation, postal services, and telecommunications.

10. The District Inspectorate is a specialized agency under the People's Committee at the district level, responsible for assisting the People's Committee at the same level in performing state management functions concerning inspection work and carrying out inspection administrative tasks within the scope of management of the People's Committee at the district level.

11. Population, Family, and Children Committee: advise and assist the People's Committee at the district level in performing state management functions concerning population, family, and children.

12. Office of the People's Council and People's Committee at the district level is an advisory and consolidating agency assisting the People's Council and People's Committee at the district level as follows:

a) Organizing services for the activities of the People's Council, the Standing Committee of the People's Council, the Committees of the People's Council, the representatives of the People's Council, and advising on some tasks assigned by the Chairman of the People's Council at the district level;

b) Organizing the activities of the People's Committee and the Chairman of the People's Committee in directing and managing the common activities of the administrative apparatus; assisting the Chairman of the People's Committee at the district level in organizing the coordination and cooperation of the specialized agencies at the same level, the People's Council, and the People's Committee at the commune level to implement the program and plan of work of the People's Committee and the Chairman of the People's Committee at the district level; ensuring material and technical conditions for the activities of the People's Council and the People's Committee at the district level; advising and assisting the People's Committee at the district level on external affairs, commendation and reward work;

c) For districts that do not meet the criteria to establish an agency for religious and ethnic affairs, the Office of the People's Council and People's Committee at the district level will also undertake the advisory and assistance functions in these areas for the People's Committee and the Chairman of the People's Committee at the district level.

Article 8. Specialized agencies under the People's Committee at the district level shall be organized according to the specific characteristics of each locality.

Based on the economic and social development characteristics, the capacity of cadres, and the requirements of state management on the territory, the People's Committee at the district level may have the following specialized agencies:

1. Religious Affairs Office: The criteria for establishing a Religious Affairs Office at the district level shall be implemented in accordance with Decree No. 22/2004/NĐ-CP dated January 12, 2004, of the Government on improving the organizational structure of agencies handling religious affairs under the People's Committees at all levels.

2. Ethnic Affairs Office: The criteria for establishing an Ethnic Affairs Office at the district level shall be implemented in accordance with Decree No. 53/2004/NĐ-CP dated February 18, 2004, of the Government on improving the organizational structure of agencies handling ethnic affairs under the People's Committees at all levels.

3. Economic Office: It may be divided into two separate offices; the name of the office shall be determined by the Provincial People's Committee upon approval by the Provincial People's Council.

On the basis of specific conditions of each island district, the Provincial People's Committee shall submit to the Provincial People's Council for decision on the number and names of specialized departments under the Island District People's Committee. The number of specialized departments under the Island District People's Committee shall not exceed ten departments.

Chapter III

||| TASKS AND POWERS OF THE PROVINCIAL PEOPLE'S COMMITTEE, DISTRICT PEOPLE'S COMMITTEES IN ORGANIZATIONAL STRUCTURE OF SPECIALIZED DEPARTMENTS

 PROVINCIAL PEOPLE'S COMMITTEE, DISTRICT PEOPLE'S COMMITTEES IN ORGANIZATIONAL STRUCTURE OF SPECIALIZED DEPARTMENTS

SPECIALIZED DEPARTMENTS

Article 9. Provincial People's Committee

1. For provinces and centrally governed cities implementing the "one-stop shop" mechanism at the People's Committee of districts, towns, urban districts, and provincial cities according to Decision No. 181/2003/QD-TTg dated September 4, 2003 of the Government Chairman, the Provincial People's Committee shall submit to the same-level People's Council for decision on the merger or dissolution of specialized agencies as prescribed in Article 7 of this Decree.

2. Submit to the Provincial People's Council:

a) Approval of the organizational structure of specialized departments under the District People's Committee as prescribed in Article 7 of this Decree.

b) Decision on the establishment, merger, or dissolution of some specialized departments under the District People's Committee as prescribed in Article 8 of this Decree.

3. Provide detailed guidance on the functions, tasks, powers, and organization of specialized departments under the District People's Committee as prescribed in this Decree and other relevant legal documents.

4. Inspect and audit the implementation of the organization of specialized departments under the District People's Committee.

Article 10. District People's Committee

1. Submit to the Provincial People's Committee a proposal for the establishment, merger, or dissolution of specialized departments as prescribed in Articles 7 and 8 of this Decree.

2. Specify the tasks, powers, and detailed organizational structures of specialized departments under their own District People's Committee in accordance with the guidance of the Provincial People's Committee.

Article 11. Chairman of the District People's Committee

1. Appoint heads and deputy heads of specialized departments under the District People's Committee according to the standards and positions specified by the Provincial People's Committee (except for the appointment and removal of the Inspector General of the district, which shall be carried out in accordance with the provisions of the Inspection Law).

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

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effectiveness

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

2. The Provincial People's Committee shall direct and complete the reorganization of specialized departments under the District People's Committee within ninety days from the date this Decree takes effect.

3. Repeal Decree No. 86/HĐBT dated August 4, 1983 of the Council of Ministers on the tasks, powers, and organizational structure of specialized departments under the District People's Committee, Decision No. 202/CP dated May 26, 1981 of the Council of Ministers on the functions, tasks, and working methods of the administrative machinery of towns and provincial cities, Decree No. 01/1998/NĐ-CP dated January 3, 1998 of the Government on the local health system, and Decree No. 12/2001/NĐ-CP dated March 27, 2001 of the Government on the reorganization of some specialized departments under the People's Committees of provinces and centrally governed cities and the People's Committees of districts, towns, and provincial cities.

Article 13. Responsibility for Implementation

1. The Minister of Home Affairs, in coordination with the Minister, Head of the Government Office, shall urge and inspect the implementation of this Decree and report to the Prime Minister on the results.

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