Decree No. 24/2014/NĐ-CP on the organization of specialized agencies under the People's Committees of provinces and centrally governed cities

DECREE

Regulations on organizing specialized agencies under the Provincial People's Committee,

municipal inspectorate under central-level municipalities

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

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

At the request of the Minister of Home Affairs,

The Government issues a Decree to regulate the organization of specialized agencies under the Provincial People's Committee and the People's Committee of centrally governed cities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

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

2. This Decree applies to specialized agencies under the provincial-level People's Committee, including departments and agencies equivalent to departments (hereinafter referred to collectively as departments).

3. The following agencies are not subject to this Decree:

a) Industrial Park Management Boards, High-Tech Zone Management Boards, Economic Zone Management Boards, and other management boards with different names under provincial-level People's Committees;

b) Office of the Delegation of National Assembly Members and People's Council at the provincial level; public service units directly under the provincial-level People's Committee and organizations of central agencies established vertically in localities.

Article 2. Principles of Organization

1. Ensuring full performance of the functions and tasks of state management of the provincial-level People's Committee and ensuring unity, smoothness, and sectoral management from the central to grassroots levels.

2. Streamlining, rationalizing, enhancing effectiveness, organizing multi-sectoral and multi-field departments; it is not necessarily required that if there is a Ministry or agency equivalent to a Ministry at the central level, then the provincial level must have corresponding organizations.

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

4. Avoiding overlapping functions, tasks, and powers with organizations under Ministries and agencies equivalent to Ministries located in localities.

Article 3. Position and Functions of Departments

A department is an agency under the provincial-level People's Committee; it performs the function of advising and assisting the provincial-level People's Committee in managing state affairs in sectors and fields according to the provisions of the law and the division of labor or delegation by the provincial-level People's Committee and the Chairman of the provincial-level People's Committee.

Article 4. Tasks and powers of departments

1. Submit to the provincial People's Committee:

a) Drafting decisions, directives; long-term plans, five-year plans, and annual plans; programs, measures for implementing administrative reform tasks in sectors and fields within the scope of assigned state management;

b) Drafting specific regulations on the functions, tasks, powers, and organizational structure of departments;

c) Drafting specific regulations on conditions, standards, positions for heads and deputy heads of units under departments; heads and deputy heads of specialized departments 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 managed sectors and fields.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Drafting decisions on establishing, merging, splitting, and dissolving organizations and units under departments in accordance with the provisions of the law;

b) Drafting individual decisions and directives within the authority to issue by the Chairman of the provincial-level People's Committee.

3. Implementing normative legal documents, plans, and programs after approval; providing information, propaganda, guidance, dissemination, education, monitoring, and enforcement of laws in areas within the scope of assigned state management.

4. Organizing implementation and being responsible for inspection, registration, issuing licenses, certificates, and qualifications within the scope of responsibility of specialized provincial-level agencies in accordance with the law and the division of labor or delegation by the provincial-level People's Committee.

5. Assisting the provincial-level People's Committee in managing state affairs concerning enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations within the scope of managed sectors and fields in accordance with the law.

6. Guiding and inspecting the implementation of self-management and self-responsibility mechanisms of public service units in accordance with the law.

7. Implementing international cooperation in managed sectors and fields in accordance with the division of labor or delegation by the provincial-level People's Committee.

8. Providing professional guidance and supervision in managed sectors and fields to specialized agencies under district-level People's Committees and professional positions under commune-level People's Committees.

9. Organizing research and application of scientific and technological progress and technology; building information and archival systems to serve state management and professional vocational work.

10. Inspecting and auditing in managed sectors and fields in accordance with the division of labor or delegation by the provincial-level People's Committee regarding organizations and individuals' compliance with legal provisions; handling complaints, accusations, and anti-corruption measures in accordance with the law.

11. Specifying the functions, tasks, and powers of offices, specialized departments, inspection bureaus, and public service units under departments in accordance with the functions, tasks, and powers of departments, following general guidelines of the Ministry overseeing the sector and the regulations of the provincial-level People's Committee.

12. Managing organizational structures, civil servant quotas, civil servant grade structures, job positions, vocational staff structures, and the number of employees in public service units; implementing salary systems and incentive policies, training, rewards, and disciplinary actions for civil servants, vocational staff, and workers within the scope of management in accordance with the law and the division of labor or delegation by the provincial-level People's Committee.

13. Managing and being responsible for finances allocated in accordance with the law and the division of labor or delegation by the provincial-level People's Committee.

14. Implementing regular and urgent reporting on the implementation of assigned tasks to the provincial-level People's Committee, Ministries, and agencies equivalent to Ministries.

15. Performing other tasks assigned by the provincial-level People's Committee and the Chairman of the provincial-level People's Committee and in accordance with the law.

3. Criteria for establishing the Office under the department shall be applied in accordance with point b Clause 2 of this Article. In cases where the Office under the department is not established, one specialized room shall be assigned to perform the functions and tasks of the Office.

The organizational structure of departments under the provincial-level People's Committee includes:

1. Office.

2. Inspection Department.

3. Specialized departments.

4. Inspection bureaus.

5. Public service units.

It is not necessarily required that all departments have the organizations specified in Clause 2, 4, and 5 of this Article. The Office of the provincial-level People's Committee has an Electronic Information Portal.

Article 6. Heads and deputies of provincial departments

1. The head of a provincial department under the People's Committee of a province (hereinafter referred to as the Department Director) shall be responsible before the People's Committee, the Chairman of the People's Committee of the province, and before the law for performing the functions, tasks, and powers of the department.

2. The deputy heads of specialized agencies under the People's Committee of a province (hereinafter referred to as Deputy Department Directors) assist the Department Director in directing certain aspects of work and are responsible before the Department Director and before the law for the assigned tasks. When the Department Director is absent, a Deputy Department Director appointed by the Department Director shall manage the activities of the department.

The number of Deputy Department Directors shall not exceed three people; for the Deputy Department Directors of departments under the People's Committees of Hanoi City and Ho Chi Minh City, this number shall not exceed four people.

3. The appointment, dismissal, transfer, rotation, commendation, disciplinary action, resignation, retirement, and implementation of policies for Department Directors and Deputy Department Directors shall be decided by the Chairman of the People's Committee of the province in accordance with the provisions of the law.

Article 7. Working regime of the department and responsibilities of the Department Director

1. The department under the provincial People's Committee operates under the head system and according to the Working Regulations of the provincial People's Committee, ensuring the principle of democratic centralism.

2. Based on the provisions of the law and the division of labor by the People's Committee of the province, the Department Director shall issue the Working Regulations of the department and direct, supervise the implementation of these regulations.

3. The Department Director shall be responsible before the People's Committee, the Chairman of the People's Committee of the province for performing state management functions, tasks, and powers in the industry and field at the local level and other tasks assigned or delegated by the People's Committee, the Chairman of the People's Committee of the province; shall not transfer tasks within their own responsibilities to the People's Committee, the Chairman of the People's Committee of the province. For issues exceeding their authority or within their authority but beyond their capacity and conditions to resolve, the Department Director must proactively work with relevant Department Directors to complete the dossier for submission to the People's Committee, the Chairman of the People's Committee of the province for consideration and decision; practice thrift, combat waste, and bear responsibility for corruption, causing losses in organizations and units under their management.

4. The Department Director shall report to the People's Committee, the Chairman of the People's Committee of the province; Ministries, ministerial-level agencies on the organization and operation of their agency; report work to the Provincial People's Council and the People's Committee of the province when required; provide necessary documents upon request of the Provincial People's Council; respond to citizens' petitions and questions from representatives of the Provincial People's Council regarding matters within the scope of their industry and field management; coordinate with other Department Directors, heads of political-social organizations, and related agencies in performing the department's tasks.

5. Appointing, dismissing the heads and deputies of units directly under the department according to the regulations.

Chapter II

ORGANIZATION OF PROVINCIAL DEPARTMENTS UNDER THE PEOPLE'S COMMITTEE

Article 8. Departments organized uniformly in localities

1. Department of Home Affairs:

Advising and assisting the People's Committee of the province in managing state affairs concerning: Organizational structure; job positions; civil servant staffing, civil service grade structure in administrative agencies and organizations; job positions, personnel structure by profession and number of staff in public service units; salaries for cadres, civil servants, public officials, and contractual workers in administrative agencies and public service units; administrative reform, civil service system reform; local administration; administrative boundaries; cadres, civil servants, public officials, and village-level civil servants; training and upgrading cadres, civil servants, public officials, and village-level civil servants; non-professional workers at the village level; associations, non-governmental organizations; state archives; religion; youth work; commendation and reward.

2. Department of Justice:

Advising and assisting the People's Committee of the province in managing state affairs concerning: Legal system construction and enforcement; monitoring legal enforcement; inspecting and handling normative legal documents; administrative procedure control; legal education and dissemination; legal system; notarization, certification; adoption; commercial arbitration; household registration; nationality; criminal record; state compensation; lawyers, legal consultation; legal aid; judicial appraisal; grassroots mediation; auctioning assets; managing the implementation of laws on administrative violations and other judicial work as prescribed by law.

3. Department of Planning and Investment:

Advising and assisting the People's Committee of the province in managing state affairs concerning: Comprehensive planning and socio-economic development plans; organizing implementation and proposing mechanisms and policies for socio-economic management in the province; domestic investment, foreign investment in the locality; management of official development assistance (ODA) and non-governmental aid; bidding; business registration; comprehensive information on enterprises, collective economy, cooperatives, private sector.

4. Department of Finance:

Advising and assisting the People's Committee of the province in managing state affairs concerning: Finance; state budget; taxes, fees, and other revenues of the state budget; state property; financial funds; financial investment; corporate finance; accounting; independent auditing; prices and financial services activities in the locality as prescribed by law.

5. Department of Industry and Trade:

Advising and assisting the People's Committee of the province in managing state affairs concerning: Machinery; metallurgy; electricity; new energy; renewable energy; oil and gas; chemicals; industrial explosives; mining and mineral processing industry; consumer goods industry; food industry; other processing industries; commodity circulation in the locality; export, import; market management; trade promotion; e-commerce; trade services; competition management and consumer protection; economic integration; international trade; management of industrial clusters in the locality; food safety management as prescribed by law.

6. Department of Agriculture and Rural Development:

Advise and assist the Provincial People's Committee in state management of: agriculture; forestry; salt industry; fisheries; irrigation and rural development; disaster prevention and control; food quality and safety for agricultural, forest, fishery, and salt products as prescribed by law.

7. Department of Transport:

Advise and assist the Provincial People's Committee in state management of: roads, inland waterways, urban railroads; transportation; traffic safety; management, operation, maintenance, and upkeep of urban transport infrastructure including: road bridges, overpasses, sidewalks, streets, median strips, road signs, traffic lights, pedestrian tunnels, motor vehicle tunnels, pedestrian bridges, bus stations, parking lots.

8. Department of Construction:

Advise and assist the Provincial People's Committee in state management of: construction planning and architecture; investment in construction activities; urban development; technical infrastructure for urban areas and industrial zones, economic zones, high-tech parks (including: urban and industrial zone water supply, drainage; solid waste management in urban areas, industrial zones, economic zones, high-tech parks, production facilities for building materials; urban lighting; urban parks and green spaces; cemetery management except for martyrs' cemeteries; urban transport infrastructure excluding management, operation, and maintenance of urban transport infrastructure; underground construction management; common use of urban technical infrastructure); housing; public offices; real estate market; building materials.

For Hanoi City and Ho Chi Minh City, the advisory function on construction planning and architecture shall be carried out by the Department of Planning and Architecture.

9. Department of Natural Resources and Environment:

Advise and assist the Provincial People's Committee in state management of: land; water resources; mineral resources and geology; environment; meteorology and hydrology; climate change; surveying and mapping; comprehensive and unified management of the sea and islands (for coastal provinces).

10. Department of Information and Communications:

Advise and assist the Provincial People's Committee in state management of: press; publishing; postal services; telecommunications; radio frequency; information technology; electronics; broadcasting and television; foreign information; news agency bulletins; grassroots information; communication infrastructure; advertising in press, online media, publications, and integrated advertising on postal, telecommunication, and information technology products and services.

11. Department of Labor, Invalids and Social Affairs:

Advise and assist the Provincial People's Committee in state management of: labor; employment; vocational training; wages; salaries; social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance); occupational safety; war veterans and those affected by war; social assistance; protection and care for children; gender equality; prevention and control of social evils.

12. Department of Culture, Sports and Tourism:

Advise and assist the Provincial People's Committee in state management of: culture; family; physical education, sports, tourism, and advertising (excluding advertising content regulated in Clause 10 of this Article); the use of the National Flag, Emblem, National Anthem, and portraits of President Ho Chi Minh as prescribed by law.

13. Department of Science and Technology:

Advise and assist the Provincial People's Committee in state management of: scientific and technological activities; development of scientific and technological potential; standards, measurement, and quality; intellectual property; radiation and radioactive isotope application; radiation and nuclear safety.

14. Department of Education and Training:

Advise and assist the Provincial People's Committee in state management of: educational and training programs and contents; teachers and civil servants managing education; school facilities and equipment, and children's toys; examination regulations and issuance of certificates and diplomas.

15. Department of Health:

Advise and assist the Provincial People's Committee in state management of: preventive health; medical diagnosis and treatment; rehabilitation; forensic medicine, legal medicine, forensic psychiatry; traditional medicine; reproductive health; medical equipment; pharmaceuticals; cosmetics; food safety; health insurance; population and family planning.

16. Provincial Inspectorate:

Advise and assist the Provincial People's Committee in state management of: inspection work; handling complaints and denunciations; and anti-corruption.

17. People's Committee Office:

Advise and assist the Provincial People's Committee in: program and plan implementation; organization, management, and publication of official information about the People's Committee's activities and the Chairman of the Provincial People's Committee; serving as the focal point for the electronic portal, connecting the administrative electronic system for guidance and management by the People's Committee and the Chairman of the Provincial People's Committee; managing the bulletin board and supporting the common activities of the Provincial People's Committee; assisting the Chairman and Deputy Chairmen of the Provincial People's Committee in performing their tasks and powers within their authority; managing archives and internal administrative affairs of the Office.

Article 9. Special Departments to be established in some localities

1. Department of Foreign Affairs:

Advise and assist the Provincial People's Committee in state management of: foreign affairs work and national border management (for provinces with border areas).

The Department of Foreign Affairs shall be established when meeting the following criteria:

a) Having a land border and international or national border gate;

b) For provinces without a land border but must meet the following conditions:

- Having industrial zones, export processing zones, high-tech parks, open economic zones, border economic zones decided to establish by the Prime Minister;

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

Provinces that do not meet the criteria for establishing a Department of Foreign Affairs shall establish a Foreign Affairs Office under the People's Committee Office. The Foreign Affairs Office shall be directly directed by the Provincial People's Committee. The People's Committee Office shall ensure material and administrative support for the operations of the Foreign Affairs Office.

2. Ethnic Minority Board:

Advise and assist the Provincial People's Committee in state management of: ethnic minority affairs.

The Ethnic Minority Board shall be established in provinces and centrally governed cities when ensuring two out of three of the following criteria:

a) Having more than 20,000 (twenty thousand) ethnic minorities living together in village communities.

b) Having more than 5,000 (five thousand) ethnic minority people who need concentrated assistance and support for development from the State;

c) Having ethnic minority people living in areas that are critical in terms of security and defense; interwoven areas; border areas with a large number of ethnic minorities from both Vietnam and neighboring countries frequently crossing back and forth.

For provinces where ethnic minority people live but do not meet the above criteria, establish an Ethnic Affairs Office (or allocate civil servants) to handle ethnic affairs under the Provincial People's Committee Office. The Ethnic Affairs Office (or civil servant handling ethnic affairs) shall be directly guided by the Provincial People's Committee. The Provincial People's Committee Office shall ensure material infrastructure and administrative management for the operation of the Ethnic Affairs Office.

3. Department of Planning and Architecture (established in Hanoi City and Ho Chi Minh City):

Advise and assist the municipal People's Committee in managing state affairs related to planning and construction, architecture.

4. On other special fields

Specialized agencies in other specific fields may only be established when truly necessary, suitable with the characteristics and development situation of the socio-economic conditions, and meeting the requirements of local state management. Based on criteria set by the Prime Minister, the provincial People's Committee shall develop proposals for establishing specialized agencies in other specific fields and submit them to the same-level People's Council for decision.

The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and sectors to draft and submit to the Prime Minister for approval regulations on special fields, criteria for establishing specialized agencies in other specific fields.

Chapter III

TASKS AND POWERS OF MINISTRIES, SECTIONS EQUIVALENT TO MINISTRIES

AND PROVINCIAL PEOPLE'S COMMITTEES

Article 10. Minister of Home Affairs

1. Submit to the Government for decisions on the establishment, merger, division, or dissolution of departments under the provincial People's Committees in cases of changes in provincial administrative units.

2. Coordinate with ministries and sections equivalent to ministries to guide the functions, tasks, powers, and organizational structure of departments under the provincial People's Committees.

3. Inspect, investigate, handle complaints and denunciations within their authority.

Article 11. Ministers, Heads of Sections Equivalent to Ministries

1. Issue detailed standards for the positions of Director and Deputy Director of departments according to the industry or field of management.

2. Direct, guide, and inspect professional activities of departments according to the industry or field of management.

3. Take the lead and coordinate with the Ministry of Home Affairs to guide the functions, tasks, powers, and organizational structure of departments under the provincial People's Committees.

Article 12. People's Committee of the province

1. Specify the tasks, powers, and organizational structure of departments in accordance with the guidance of the ministry managing the industry or field and the Ministry of Home Affairs.

2. Manage the organizational structure; job positions; civil service quota and civil service rank structure in administrative agencies and organizations; job positions, vocational staff structure according to occupational titles, and the number of personnel working in public service units.

Article 13. Chairmen of Provincial People's Committees

1. Appoint Directors and Deputy Directors of departments according to the position standards set by Ministers and Heads of Sections Equivalent to Ministries and procedures stipulated by law (except for the appointment and dismissal of the Chief Inspector at the provincial level, which shall be carried out in accordance with the Law on Inspection).

2. Allow Directors of departments to appoint and dismiss heads and deputy heads of subordinate agencies and units according to the standards and positions issued by the provincial People's Committee.

3. Annually report the organizational structure and operations of provincial specialized agencies to the provincial People's Council and the Minister of Home Affairs.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Decree takes effect from May 20, 2014, replacing Decree No. 13/2008/ND-CP dated February 4, 2008 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally-run cities, and Decree No. 16/2009/ND-CP dated February 16, 2009 of the Government amending and supplementing Clause 2, Article 8 of Decree No. 13/2008/ND-CP dated February 4, 2008 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally-run cities.

Article 15. Responsibility for Implementation

Ministers, Heads of Sections Equivalent to Ministries, Heads of Agencies under the Government, Chairmen of People's Councils, and Chairmen of People's Committees of provinces and centrally-run cities are responsible for implementing this Decree./.