DECREE

Regulations on functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies

___________________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

1. This Decree provides general regulations on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; working systems and power, responsibilities of Ministers and Heads of ministerial-level agencies.

2. Specific functions, tasks, and powers regarding sectoral management of Ministries and ministerial-level agencies shall be implemented according to the decree regulating the functions, tasks, powers, and organizational structures of each Ministry and ministerial-level agency.

3. The provisions on the organizational structure of Ministries set forth in Chapter III of this Decree shall not apply to the organizational structure of the Ministry of National Defense and the Ministry of Public Security.

4. The names of Ministries and ministerial-level agencies and the names of their units shall be translated into foreign languages for international transactions in accordance with the guidelines of the Ministry of Foreign Affairs.

Article 2. Position and Functions

Ministries and ministerial-level agencies (hereinafter referred to collectively as Ministries) are governmental bodies that perform state management functions over sectors and fields assigned within the entire country; manage public services in sectors and fields under the state management of Ministries.

Article 3. Ministers and Heads of ministerial-level agencies

1. Ministers and Heads of ministerial-level agencies (hereinafter referred to collectively as Ministers) are members of the Government, are heads and leaders of a Ministry; they are responsible to the Prime Minister and the National Assembly for state management of sectors and fields and participate in the activities of the Government collective; manage public services nationwide and other tasks assigned; implement duties and powers as stipulated in Articles 4, 6, 23, 24, 25, 26, 27, and 28 of the Law on the Organization of the Government 2001, the provisions of this Decree, and other relevant legal documents.

2. Deputy heads of Ministries and ministerial-level agencies (hereinafter referred to collectively as Deputy Ministers) have the responsibility to assist Ministers in overseeing and directing certain aspects of work according to the division of labor by the Minister and are accountable to the Minister for the tasks assigned.

When the Minister is absent, a Deputy Minister may be authorized by the Minister to act on behalf of the Minister in handling the affairs of the Ministry and the Minister.

3. The number of Deputy Ministers in each Ministry shall not exceed four people. Special cases shall be decided by the Prime Minister. 

Chapter II

DUTIES AND POWERS OF MINISTRIES AND MINISTERS

Article 4. On laws

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the annual legislative program of the Ministry approved and projects, programs according to the assignment of the Government, the Prime Minister.

2. Submit to the Prime Minister draft decisions, directives, and other documents within the authority of the Prime Minister's guidance and management as prescribed by law.

3. Issue decisions, directives, circulars, standards, technical regulations, procedures, norms, economic-technical quotas on sectoral management within the scope of state management of the Ministry; guide and inspect the implementation of these documents.

4. Direct and organize the dissemination, popularization, and education of laws within the scope of state management of the Ministry.

5. Inspect normative legal documents issued by Ministries, People's Councils, Provincial People's Committees, and centrally-administered city People's Committees related to sectors and fields under the state management of the Ministry; if violations are found in the regulations issued by these agencies that conflict with relevant normative legal documents concerning the Ministry's sectors and fields, handle them according to the law.

Article 5. On strategy, planning, and plans

1. Submit to the Prime Minister strategies, plans, long-term, five-year, and annual development plans, and important national projects in sectors and fields within the decision-making authority of the Prime Minister.

2. Announce strategies, plans, and development programs after approval (except for matters classified as state secrets); organize and direct the implementation of these strategies, plans, and programs.

3. Implement economic and social tasks, security, and defense related to sectors and fields under the state management of the Ministry.

4. Review within the scope of state management of the Ministry the contents of preliminary feasibility study reports and feasibility study reports of programs, projects, and proposals in the Ministry's sectors and fields; be responsible for the contents of the aforementioned reports and projects carried out by Ministry agencies and organizations; approve and decide on investment projects within the Ministry's authority according to the law.

Article 6. On international cooperation

1. Submit to the Government policies and measures to expand relations with foreign countries and international organizations; negotiate, sign, ratify, approve, or join and ensure the implementation of international treaties on behalf of the State or the Government in sectors and fields under the state management of the Ministry.

2. Organize negotiations and signing of international treaties according to the authorization of competent state agencies and implement international treaties of which Vietnam is a member within the scope of sectors and fields under the state management of the Ministry.

3. Sign and organize the implementation of international agreements on behalf of the Ministry according to the law.

4. Participate in international organizations according to the assignment of the Government.

5. Implement policies and measures to expand international cooperation approved by the Government. Implement international cooperation in sectors and fields according to the law; permit subordinate units and foreign organizations licensed by central authorities to organize international conferences and seminars related to sectors and fields managed by the Ministry.

6. Inspect the implementation of international-funded programs and projects in sectors and fields under the Ministry's responsibility; direct and organize the implementation of international-funded programs and projects of the Ministry.

, Clause 1, Clause 2 Article 7a of this Regulation.. On administrative reform

1. Decide and implement the administrative reform plan of the Ministry according to the Government's administrative reform program and the Prime Minister's guidance.

2. Develop and perfect the institutional and legal system within the scope of state management over sectors and fields of the Ministry.

3. Clearly define and improve the functions, tasks, and authorities of the Ministry, of its subordinate agencies and units; implement the restructuring of the Ministry's organizational structure to be lean and reasonable, reducing the number of entities.

4. Implement the delegation of responsibilities among subordinate agencies and units to ensure a clear separation between state management and business activities of enterprises and public service organizations; submit to the Government for decision on the delegation of state management tasks within the industry and sector to local authorities.

5. Decide and direct the implementation of administrative reform procedures, including reviewing, abolishing, and amending administrative procedures within the scope of the Ministry's state management according to authority or submitting to higher authorities for examination and amendment; simplify, and make them public.

6. Direct the implementation of regulations regarding self-management and self-responsibility in personnel establishment and administrative management expenses for administrative agencies, and self-management and self-responsibility in task execution, organizational structure, personnel establishment, and finance for public service organizations; apply the quality management system according to the TCVN ISO 9001:2000 standard in the operations of the Ministry.

7. Decide and direct the implementation of new working methods, modernizing offices, and applying information technology to serve the operations of the Ministry.

8. Report on the implementation of administrative reform within the scope of the Ministry's state management as prescribed.

Article 8. Regarding state management of organizations providing public services within the industry and sector under the Ministry's state management.

1. Submit to the Government for issuance of mechanisms and policies on the provision of public services; on socializing activities related to the provision of public services within the industry and sector under the Ministry's state management.

2. Submit to the Prime Minister for planning the network of public service organizations; conditions and criteria for establishing public service organizations within the industry and sector.

3. Issue national technical standards, economic-technical norms, and timeframes for providing public services within the industry and sector according to authority.

4. Guide, inspect, and support organizations providing public services operating within the industry and sector under the Ministry's state management as prescribed by law.

Article 9. Regarding state management of enterprises, cooperatives, and other forms of collective and private economy.

1. Propose mechanisms and policies to encourage, support, and guide the development of enterprises and cooperatives across all economic sectors within the industry and sector under the Ministry's state management.

2. Guide and inspect the implementation of regulations concerning businesses and services with conditional requirements according to the Government's list and handle violations within authority.

3. Inspect and supervise the implementation of regulations on environmental protection, food safety, and labor safety.

4. Issue basic standards and national technical standards within the industry and sector according to legal provisions; inspect, audit, and handle violations of product and service quality standards within authority according to legal provisions.

Article 10. Regarding state management of the activities of associations and non-governmental organizations.

1. Recognize the organizing committee for the establishment of associations and non-governmental organizations; provide written comments to the Ministry of Home Affairs on allowing the establishment, merger, division, or dissolution of associations and non-governmental organizations operating within the industry and sector under the Ministry's state management.

2. Guide and create conditions for associations and non-governmental organizations to participate in activities within the industry and sector under the Ministry's state management; organize consultations and incorporate suggestions and critiques from associations and non-governmental organizations to perfect state management regulations within the industry and sector.

3. Inspect and audit the implementation of legal regulations by associations and non-governmental organizations operating within the industry and sector under the Ministry's state management; handle or recommend competent authorities to handle legal violations by these organizations according to legal provisions.

Article 11. Regarding organizational structure and staffing.

1. Submit to the Government for regulations on the functions, tasks, authorities, and organizational structure of the Ministry; on the establishment, reorganization, and dissolution of general bureaus and equivalent bodies under the Ministry; on the self-management and self-responsibility mechanism for public service organizations within the industry and sector.

2. Submit to the Prime Minister for: the establishment, reorganization, and dissolution of departments, bureaus, and equivalent bodies, public service organizations serving state management, and public service organizations within the Prime Minister's decision-making authority; regulations on the functions, tasks, authorities, and organizational structure of general bureaus or equivalent bodies under the Ministry.

3. Decide on the establishment, reorganization, and dissolution of other public service organizations not within the authority of the Government or the Prime Minister according to legal provisions.

4. Decide on the establishment of rooms under departments, inspection bodies of the Ministry, the Ministry's office, and sub-bureaus under bureaus according to the decree regulating the functions, tasks, authorities, and organizational structure of the Ministry, bodies at the level of ministries, or after obtaining permission from the Prime Minister.

5. Regulate the functions, tasks, authorities, organizational structure of departments, bureaus (excluding bureaus equivalent to general bureaus); regulations on the self-management and self-responsibility tasks of public service organizations under the Ministry's management.

6. Issue circulars or joint circulars guiding the functions, tasks, authorities, and organizational structures of specialized agencies of People's Committees at all levels.

7. Aggregate and report on the administrative and public service organizational structures under the Ministry to the Ministry of Home Affairs as prescribed.

8. Develop the annual staffing plan of the Ministry and submit it to the Ministry of Home Affairs; issue public service staffing norms within the industry and sector after reaching consensus with the Ministry of Home Affairs.

9. Decide on allocating administrative staffing to organizations under the Ministry; manage administrative and public service staffing for units under the Ministry's management according to legal provisions.

Article 12. Regarding civil servants and public officials.

1. Submit to the Prime Minister for the appointment, dismissal, and removal of Deputy Ministers and equivalent positions.

2. Decision to appoint, dismiss, or remove from office the head and deputy heads of organizations under the Ministry, including general bureaus and equivalent bodies, bureaus, departments, inspection services, offices, public service organizations under the Ministry, and heads and deputy heads of departments and offices within the Ministry.

Delegate to the heads of organizations under the Ministry the authority to appoint, dismiss, or remove from office the remaining positions within units under their management.

The appointment, dismissal, or removal from office of the leadership and managerial positions mentioned above shall be carried out according to the procedures prescribed by the Party and the Government, and by the Prime Minister.

3. Specify the authorities and responsibilities of the heads of organizations under the Ministry.

4. Decide and implement specific measures to strengthen discipline and administrative regulations for civil servants and officials under the Ministry; organize the implementation of anti-corruption, thrift, and anti-bureaucracy, arrogance, and arbitrary power within units under the Ministry.

5. Develop and organize the implementation of training and capacity-building plans for civil servants and officials, and matters related to recruitment, utilization, transfer, retirement, salary systems, rewards, disciplinary actions, and other systems for civil servants and officials under the Ministry's jurisdiction as prescribed by law.

6. Issue professional standards and qualifications for positions of civil servants in sectors and fields assigned and delegated to manage by the Ministry after receiving the review opinion of the Ministry of Home Affairs; develop professional standards and qualifications for positions of civil servants in sectors and fields assigned and delegated to manage for the Ministry of Home Affairs to issue; issue specific professional standards for the heads of specialized agencies under the provincial People's Committees and municipal People's Committees directly under the central government in sectors and fields managed by the Ministry.

Article 13. Regarding inspection and supervision

1. Guide, inspect, and supervise the implementation of policies and laws concerning sectors and fields under the Ministry's state management.

2. Inspect and supervise Ministries, agencies under the Government, and People's Committees at all levels in the performance of their tasks within the sectors and fields managed by the Ministry.

3. Resolve complaints, denunciations, and suggestions from organizations and citizens related to sectors and fields under the Ministry's state management; organize citizen reception activities in accordance with the law.

4. Supervise local governments in the implementation of delegated management in sectors and fields under the Ministry's state management.

Article 14. Regarding financial and asset management

1. Financial management:

a) Submit the annual budget estimate of the Ministry to the Government;

b) For the approved financial plan portion: The Minister decides on allocation, monitors expenditure, is responsible for settlement, and can make detailed adjustments within the total revenue and expenditure limit, but cannot change the approved plan objectives;

c) For the financial plan portion managed by other Ministries and localities: The Minister is responsible for monitoring the implementation of approved target programs and coordinates with the Ministry responsible for state management of finance and the Ministry responsible for state management of planning and investment to make detailed adjustments within the approved financial plan.

2. Manage and be responsible for state assets allocated to the Ministry according to the delegation of the Government and the Prime Minister and as prescribed by law.

 Chapter III

ORGANIZATIONAL STRUCTURE OF THE MINISTRY

Article 15. Organizational structure of the Ministry

1. Organizations assisting the Minister in state management include:

a) Departments;

b) Office;

c) Inspectorate;

d) Bureaus;

đ) General bureaus and equivalent bodies;

e) Local and foreign representative offices of the Ministry.

It is not necessary for all Ministries and agencies at the level of a Ministry to have the organizations specified in points d, đ, e of Clause 1 of this Article.

2. State-owned public service organizations directly under the Ministry.

State-owned public service organizations specified in the decree stipulating the functions, tasks, powers, and organizational structure of the Ministry only include organizations serving state management and newspapers, magazines, and training and capacity-building institutions for civil servants and officials of the Ministry.

Other public service organizations currently established by competent authorities, the Minister shall submit to the Prime Minister for issuance of a list of those organizations.

3. The number of deputy heads of organizations under the Ministry specified in Clauses 1 and 2 of this Article shall not exceed three persons.

4. Departments, bureaus, and general bureaus and equivalent bodies in specialized sectors and fields under the Ministry shall be specifically defined in the decree stipulating the functions, tasks, powers, and organizational structure of each Ministry and agency at the level of a Ministry.

Article 16. Education;

1. A department is established to assist the Minister in performing state management functions in sectors and fields.

2. The establishment of a department based on the requirement that one department handles multiple interrelated tasks, but one task is not assigned to multiple departments within the same organizational structure of the Ministry.

3. A room may be established within a department based on the principle that the department is tasked with advising and consolidating multiple relatively independent areas. Departments establishing rooms are specified in the decree stipulating the functions, tasks, powers, and organizational structure of the Ministry.

4. A department does not have its own seal; the Department Head signs administrative documents related to the field under the department's responsibility and affixes the Ministry's seal upon the Minister's authorization.

Article 17. April 2014

1. The Ministry Office performs the function of assisting the Minister in overseeing and urging subordinate organizations, agencies, and units to implement the Ministry's program and work plan; consolidate the situation of implementing the Ministry's program and work plan.

2. Organize administrative, archival, and record-keeping work; manage technical facilities, assets, operational funds, ensure working conditions and means; provide common support for the Ministry's operations and internal management.

3. Perform other tasks prescribed by law or assigned by the Minister.

4. The Ministry Office may establish rooms and equivalent organizations (hereinafter referred to as rooms) according to the areas of work under the Ministry Office.

5. The Ministry Office has its own seal for transactions; the Director of the Ministry Office signs administrative documents upon authorization or delegation by the Minister.

Article 18. Inspectorate Department

1. The Ministry Inspection Service is established to assist the Minister in performing administrative inspection and specialized inspection functions within the Ministry's state management scope as prescribed by law on inspection.

2. The Ministry Inspection Service may establish rooms.

3. The Inspection Department has its own seal; the Inspector General may sign administrative documents pursuant to delegation or on behalf of the Minister and is authorized to handle administrative violations in accordance with the provisions of the law.

Article 19. Departments under the Ministry

1. A department is established to assist the Minister in providing advisory support for specialized, stable state management and implementing state management tasks within the scope of the Ministry's state management.

2. The objects of management of the department include organizations and individuals engaged in specialized fields and sectors subject to regulation by specialized field and sector laws; the scope of activities of the department does not necessarily cover all provinces and centrally-administered cities.

3. The organizational structure of the department includes:

a) Rooms;

b) Office;

c) State-run public service organizations directly subordinate (if any).

The department is assigned to implement state management tasks and powers delegated to localities with limitations; departments may establish branch offices. Departments with branch offices are specified in the decree stipulating the functions, tasks, powers, and organizational structure of the Ministry. When new establishments are required, the sectoral ministry shall submit to the Prime Minister for approval and the Minister shall decide on establishment.

The establishment of inspection organizations within departments to perform specialized inspection functions shall be carried out in accordance with the law on inspection.

4. The department has legal personality, has its own account and seal; the Director of the department may issue individual documents and internal regulatory documents within the specialized field and sector under the responsibility of the department and may not issue regulatory legal documents.

5. The establishment of departments based on functional requirements and tasks, on the principle of having specialized field and sector objects within the scope of the Ministry's state management, shall be implemented in accordance with the law.

Article 20. General Departments and Equivalent Organizations under the Ministry

1. General Departments and equivalents (hereinafter referred to collectively as general departments) are established to assist the Minister in providing advisory support for specialized, stable state management and implementing state management tasks for large and complex sectors that are not delegated or delegated with limitations to localities within the scope of the Ministry's state management.

2. The objects of management of the general department include organizations and individuals engaged in specialized fields and sectors subject to regulation by specialized field and sector laws.

3. The organizational structure of the general department includes:

a) Departments;

b) Office;

c) Inspectorate;

d) State-run public service organizations directly subordinate.

For general departments organized and managed vertically, it is necessary to have departments directly subordinate located in localities or for general departments requiring specialized management departments directly subordinate, which are specified in the decision on establishment and regulations on functions, tasks, powers, and organizational structure of the general department.

4. The general department has legal personality, has its own account and seal; the Director of the general department may issue individual documents and internal regulatory documents and may not issue regulatory legal documents.

5. General departments are established based on functional requirements and tasks, on the principle of having specialized field and sector objects within the scope of the Ministry's state management, and are implemented in accordance with the law.

Article 21. State-run Public Service Organizations under the Ministry

1. The establishment of state-run public service organizations under the Ministry to serve the Ministry's state management tasks or to implement certain public services with important characteristics and essential nature undertaken by the Ministry.Only state-run public service organizations under the Ministry shall be established when such public services have not been transferred to non-state organizations or when such public services cannot be undertaken or adequately performed by non-state organizations.

For sectors and fields where there is a network planning of public service organizations approved by competent authorities, the establishment of state-run public service organizations must be consistent with the network planning of those organizations.

2. State-run public service organizations do not have state management functions.

3. State-run public service organizations operate autonomously and are responsible for their tasks, organizational structures, staffing, and finances in accordance with the law and are subject to state management by relevant ministries according to each sector and field.

4. State-run public service organizations have legal personality, seals, and separate accounts.

WORKING REGIME AND RESPONSIBILITIES OF THE MINISTER

Chapter IV

Working Regime of the Minister

Article 22. The Minister works under the head-of-department system and the Government's Working Regulations; ensuring the principles of centralization and democracy; implementing the information and reporting system of the Ministry and its subordinate units as prescribed; issuing the Ministry's Working Regulations and directing, supervising the implementation of these regulations.

Responsibilities of the Minister towards the Ministry

Article 23. 1. The Minister is responsible for preparing and submitting to the Government and the Prime Minister for decision-making on issues related to the Ministry's state management within the Government and Prime Minister's authority according to the Government's Working Regulations.

2. The Minister is responsible for the quality and content of regulatory legal documents prepared by the Ministry; directing the implementation of strategies, plans, programs, and work after approval by the Prime Minister; being responsible for the effectiveness of projects, programs, and proposals of the Ministry and the use of the Ministry's resources.

3. The Minister decides on matters within the Ministry's management scope and is responsible for those decisions.

4. The Minister is responsible for matters directly managed by the Ministry; bears joint responsibility for matters delegated to local governments, when the Ministry fails to fully fulfill its responsibilities in guidance, supervision, and inspection leading to accidents, disasters, significant loss of state and people's property.

5. The Minister is responsible for exercising the representative ownership rights of the state capital in enterprises with state capital according to the law.

6. The Minister assigns Deputy Ministers to resolve issues within the Minister's authority or delegates Deputy Ministers to handle requests from other ministries and localities; the Minister is responsible for the decisions made by the Deputy Ministers assigned or delegated to resolve.

Responsibilities of the Minister towards the Government and the Prime Minister

Article 24. The responsibility of the Minister towards the Government, the Prime Minister of the Government

1. Fulfill fully the State management functions of the Ministry regarding the industries and fields under its jurisdiction.

2. Do not transfer issues within the Ministry's authority to resolve to the Government or the Prime Minister; do not issue documents contrary to the regulations of the Government or the Prime Minister; matters exceeding the delegated authority must be reported to the Prime Minister.

3. Fulfill fully the responsibilities of a member of the Government according to the Working Regulations of the Government.

Article 25. Responsibilities of the Minister towards other Ministers

1. Implement State management regulations within the authority of other Ministries; do not issue documents contrary to the regulations of other Ministers.

2. Take the lead and coordinate with other Ministries to resolve State management issues under the responsibility of the Ministry that relate to the functions of other Ministries; in case of differing opinions, the Minister shall report to the Prime Minister for decision.

3. For issues in draft normative legal documents submitted by the Minister to the Government or the Prime Minister that relate to other Ministries, the opinion of those Ministers must be obtained in writing. The Ministers asked for their opinion have the responsibility to study and reply in writing within the prescribed time limit.

Article 26. Responsibilities of the Minister towards provincial People's Committees and municipal People's Committees directly under the Central Government

1. Direct the People's Committee to implement the goals, programs, development plans, plans, and projects in the industries and fields already approved; resolve proposals and recommendations of the People's Committee in accordance with the State management regulations of the Ministry.

2. Guide and direct the People's Committee on professional and technical matters within the industries and fields managed by the Ministry.

3. Inspect the Chairman of the People's Committee in the implementation of professional and technical standards for heads of specialized agencies in the industries and fields under the People's Committee; request the Chairman of the People's Committee to provide written comments on the appointment, dismissal, commendation, and disciplinary action of heads of organizations of the Ministry located in the locality.

Article 27. Responsibilities of the Minister towards the agencies of the National Assembly, Members of the National Assembly, and Voters

1. When the Standing Committee of the National Assembly, the National Ethnic Council, and the Committees of the National Assembly request, the Minister has the responsibility to present or provide necessary documents; the Minister sends normative legal documents issued by him/her to the National Ethnic Council and the Committees of the National Assembly according to the fields they are responsible for.

2. The Minister has the responsibility to respond to recommendations from the National Ethnic Council and the Committees of the National Assembly within the latest period of 15 days from the date of receipt of the recommendation.

3. The Minister has the responsibility to respond to questions from Members of the National Assembly and voter recommendations on issues within the scope of the State management of the Ministry.

Article 28. Responsibilities of the Minister towards political-social organizations

The Minister has the responsibility to cooperate with the heads of the Vietnam Fatherland Front, Trade Union, and other mass organizations when performing the tasks of the Ministry; create conditions for these organizations to operate and participate in building systems and policies related to them.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Effectiveness

1. This Decree takes effect 15 days after its publication in the Official Gazette.

2. Repeal Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, authorities, and organizational structure of Ministries and agencies at the ministerial level and previous provisions contrary to this Decree. The Government shall stipulate the functions, tasks, powers, and organizational structure of Ministries, ministerial-level agencies, and previous regulations that conflict with this Decree.

Article 30.. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.