Decree No. 181-CP on the Functions, Tasks, Authorities, and Organizational Structure of the Government Organization and Cadre Department

DECREE

Regarding the functions, tasks, powers, and organizational structure of the Government Organization and Cadre Board

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decree No. 15-CP dated March 2, 1993 of the Government regarding the tasks, powers, and responsibilities of state management by ministries and ministerial-level agencies;

Considering the proposal of the Minister in charge of the Government Organizational Structure and Cadre Affairs Department;

DECREE:

Article 1

The Government Organization and Cadre Board is an agency of the Government that performs state management functions in the fields of state administrative organization, civil servants and public officials, mass organizations and non-governmental organizations, delineation of administrative boundaries, and national archival work.

Article 2

The Government Organization and Cadre Board is responsible for carrying out the state management tasks and powers assigned to Ministries and ministerial-level agencies under Decree No. 15-CP dated March 2, 1993 of the Government, as well as the specific tasks and powers listed below:

1- Drafting laws, ordinances, and regulatory documents of the Government on state administrative organization, national administrative reform, civil servants and public officials, establishment and operation of mass organizations and non-governmental organizations, delineation of administrative boundaries, and national archival work to submit to the National Assembly, Standing Committee of the National Assembly, and the Government for decision; organizing the implementation of these laws, ordinances, and regulatory documents after approval.

2- Drafting organizational structure plans for the Government, plans for establishing or abolishing Ministries and ministerial-level agencies to be submitted to the National Assembly by the Government.

Submitting to the Government for decision on the establishment, merger, dissolution of agencies under the Government.

Coordinating with Ministries, ministerial-level agencies, and agencies under the Government in submitting to the Prime Minister for decision on the establishment of important state-owned enterprises under central management.

3- Reviewing and submitting to the Government for decision on the tasks, powers, and organizational structures of Ministries, ministerial-level agencies, agencies under the Government, other state management organizations within the Government's and Prime Minister's authority, and the organization and activities of specialized agencies under provincial People's Councils and municipal People's Councils directly under the Central Government. Reviewing and providing opinions on projects submitted by Ministries, ministerial-level agencies, and agencies under the Government to the National Assembly, Standing Committee of the National Assembly, the Government, and the Prime Minister related to state administrative organization and staffing. Participating in providing opinions with Ministries, ministerial-level agencies, and agencies under the Government on submitting to the Government for decision on decentralizing tasks and contents of state management to local People's Councils.

4- Reviewing and submitting to the Prime Minister for decision on allowing the establishment of mass organizations and non-governmental organizations according to the law; guiding, monitoring, and inspecting the establishment and operation of mass organizations and non-governmental organizations; recommending to the Prime Minister on issues related to the establishment and operation of mass organizations and non-governmental organizations.

5- Submitting to the Government for planning training and retraining of civil servants and public officials, People's Council representatives, regulations on management, policies, and systems for civil servants and public officials and village, town, and ward cadres; organizing the implementation of the above matters after approval.

6- Submitting to the Prime Minister for annual staffing plans, standards and quotas allocated to Ministries, ministerial-level agencies, agencies under the Government, provincial People's Councils and municipal People's Councils directly under the Central Government, and other agencies and organizations designated by the Prime Minister; regulations on staffing management; distributing staffing indicators; organizing the statistics of civil servants and public officials nationwide. Coordinating with the Ministry of Finance in managing the civil servant and public official salary fund.

Submitting to the Government for regulations on decentralized management of civil servants. Issuing job titles, standards, and regulations on recruitment, training, retraining, and evaluation of civil servants and public officials. Managing senior civil servants according to the Government's regulations.

7- Submitting to the Government for principles and standards as the basis for reviewing the establishment, merger, division, and adjustment of administrative unit boundaries.

Submitting to the Government for decisions on the establishment, merger, division, and adjustment of administrative unit boundaries below the provincial and municipal levels directly under the Central Government; submitting to the Government for plans on the establishment, merger, division, and adjustment of provincial and municipal boundaries directly under the Central Government, and the establishment or dissolution of special administrative-economic zones to be submitted by the Government to the National Assembly for decision.

Taking the lead or coordinating with relevant agencies to assist the Government in resolving boundary adjustment and administrative boundary disputes.

8- Assisting the Government in directing elections of People's Council and People's Committee representatives according to the law.

9- Building and managing the national archival sector, centrally and uniformly managing national archival materials. Issuing regulations on national archival expertise and operations within its authority.

10- Organizing scientific research and international cooperation in the fields of state administrative organization, national administrative reform, and building a cadre of civil servants and public officials.

11- Providing guidance and direction on organizational expertise for the organizational departments of Ministries, ministerial-level agencies, agencies under the Government, provincial People's Councils, and municipal People's Councils directly under the Central Government.

12- Inspecting and supervising state agencies, mass organizations, social organizations, and citizens in the implementation of laws and policies in the areas under the Board's responsibility.

Article 3

The organizational structure of the Government Organization and Cadre Board includes:

1- Local Administration Department.

2- Organization Department.

3- Civil Servant and Public Official Department.

4- Staffing and Salary Department.

5- International Cooperation Department.

6- Inspection and Legal Affairs Department.

7- Training Department.

8- State Archives Bureau.

9- Institute for State Organization Scientific Research.

10- Office (with a permanent presence in Ho Chi Minh City and Nha Trang City).

The tasks, powers, responsibilities, and organizational staffing of the aforementioned units shall be stipulated by the Minister or Director of the Government Organization and Cadre Board.

Article 4

The organizational system at central and local agencies:

1- Organization and Cadre Department or Office at Ministries, ministerial-level agencies, and agencies under the Government.

2- Local Administration Board at provinces and municipalities directly under the Central Government.

3- Organization Department or Section at districts, cities, towns, and provincial cities.

Article 5

This Decree takes effect from the date of issuance. The Decree No. 135-HĐBT dated May 7, 1990 of the Council of Ministers stipulating the functions, tasks, powers, and organizational structure of the Government Organization and Cadres Board, and other previous regulations contrary to this Decree are abolished.

Article 6

The Minister, the Chairman of the Government Organization and Cadres Board, the Ministers, the Heads of ministerial-level agencies, the Heads of government-affiliated agencies, and the Chairmen of the People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.