Circular No. 25/2004/TT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to religious work at local levels.

✦ 智能摘要

Circular No. 25/2004/TT-BNV guides the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to religious work at local levels. This document applies to the People's Committees of provinces and centrally governed cities (provinces), districts, towns, provincial cities, and commune-level People's Committees. Specialized agencies are assigned specific tasks such as advising, inspecting, guiding, organizing the implementation of policies on religion, financial management, and staffing.

适用范围

Provincial People's Committees; District People's Committees; Commune People's Committees; Religious Affairs Boards (specialized agencies) at various levels.

要点

Specialized agencies assisting the People's Committee in managing state affairs related to religious work may be the Religious Affairs Board, Departments with functions to manage religious work, or Religious Affairs Offices (depending on the provisions of Decree No. 22/2004/NĐ-CP).
The Head and Deputy Heads of the Religious Affairs Board are responsible to the People's Committee for their activities, while the Religious Affairs Board or Department with functions to manage religious work implements many tasks such as advising, inspecting, guiding, organizing the implementation of policies of the Party and State.
The Religious Affairs Board or Department with functions to manage religious work is subject to direction and management regarding organization and staffing from the Provincial People's Committee and professional guidance and inspection from the Central Government's Religious Affairs Board.
The organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to religious work includes the Office, Inspection Unit, and specialized departments. Staffing is determined based on the specific characteristics of religious work at the local level.
Provincial and district People's Committees are responsible for developing proposals to improve the organizational structure of agencies handling religious work, to be reviewed and decided upon by the People's Council.

🌐 本文件的社会影响

Positive impact: Strengthening state management over religious work, ensuring citizens' freedom of belief.
Negative impact: May cause difficulties in adjusting organizational structures and staffing, increasing personnel costs.
Benefits: Citizens benefit from the consistent implementation of religious policies from central to local levels.
Costs: Enterprises may face difficulties in complying with new regulations on state management of religious work.

❓ 常见问题

How do the Religious Affairs Board and the Department with functions to manage religious work differ?

The Religious Affairs Board is a specialized agency under the Provincial People's Committee, whereas the Department with functions to manage religious work is a part of a multi-sectoral Department managing state affairs. The Religious Affairs Board usually has its own seal and separate account, while the Department only has its own seal.

How are the Head and Deputy Heads of the Religious Affairs Board appointed?

The Head and Deputy Heads of the Religious Affairs Board are appointed by the Chairman of the Provincial People's Committee according to the criteria set forth by the competent state authority.

What does the organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to religious work include?

The organizational structure includes the Office, Inspection Unit, and specialized departments. The Head or Director of the Department determines the names and number of specialized departments based on the specific characteristics of religious work at the local level.

Who is responsible for improving the organizational structure of agencies handling religious work?

The Provincial People's Committee develops proposals, which are reviewed and decided upon by the Provincial People's Council. The District and Commune People's Committees also have the responsibility to define the functions, tasks, and powers of specialized agencies managing religious work.

When does the process of improving the organizational structure of agencies handling religious work begin?

This Circular takes effect 15 days after being published in the Official Gazette and replaces the previous Joint Circular No. 01/TTLB.

全文

CIRCULAR

Guidelines for the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in state management of ethnic affairs at the local level

The People's Committee manages state administration regarding religious work at the local level.

___________________________

Pursuant to Decree No. 22/2004/NĐ-CP dated January 12, 2004 of the Government on improving the organizational structure for religious work under people's committees at all levels;

Following the unified opinion of the State Committee for Religious Affairs in Circular No. 229 CV/TGCP-TC dated April 12, 2004;

The Ministry of Home Affairs guides the functions, tasks, authorities, and organizational structure of the specialized agency assisting the People's Committee in managing state administration regarding religious work at the local level as follows:

I. SPECIALIZED AGENCY ASSISTING THE PEOPLE'S COMMITTEE OF PROVINCES AND MUNICIPALITIES UNDER THE CENTRAL GOVERNMENT IN MANAGING STATE ADMINISTRATION REGARDING RELIGIOUS WORK

1. Position and Functions:

1.1. The specialized agency for religious work under the People's Committee of provinces and municipalities directly under the Central Government (hereinafter referred to as the province) shall be reorganized according to the provisions of Clause 1 and Clause 2, Article 2 of Decree No. 22/2004/NĐ-CP dated January 12, 2004 of the Government, including three types of organizations as follows:

- Religious Board (having its own seal and separate account);

- Religious Board (having its own seal but no separate account);

- Department managing multi-sectoral state administration including religious work (hereinafter referred to as the Department with the function of managing religious work).

1.2. The Religious Board or the Department with the function of managing religious work is a specialized agency under the People's Committee of the province with the function of advising and assisting the provincial People's Committee in managing state administration in the field of religious work at the local level and performing certain tasks and authorities delegated by the provincial People's Committee; contributing to ensuring uniform management in the field of religious work from central to local levels.

1.3. The Religious Board and the Department with the function of managing religious work are subject to the direction and management of organization, staffing, and personnel work by the People's Committee of the province, while also being subject to the direction and inspection of professional work by the State Committee for Religious Affairs.

2. Tasks and Authorities

2.1. Submit decisions and directives concerning the field of religious work within their jurisdiction to the People's Committee of the province;

2.2. Submit long-term programs, annual plans, and important projects in the field of religion within the province to the People's Committee of the province;

2.3. Guide, inspect, and take responsibility for organizing the implementation of normative legal documents, programs, plans, and approved projects; provide information, propaganda, dissemination, and education on laws in fields within their jurisdiction;

2.4. Guide, direct, inspect, and organize the implementation of policies and laws of the Party and the State on religion in the locality; ensure citizens' freedom of belief and religion, whether they follow or not follow any religion, normal religious activities in accordance with the law; ensure equality among religions before the law; prevent any acts that infringe upon freedom of belief and religion or exploit belief and religion to violate the law and state policy;

2.5. Assist the People's Committee in examining requests for repairs of religious worship facilities and places of belief according to the provisions of the law;

2.6. Be authorized by the People's Committee of the province to lead and coordinate with other specialized agencies at the same level to appraise the requirements of religious organizations and individuals in areas such as:

- Organizing congresses and meetings of religious organizations within the province.

- Admission to monastic life, appointment, ordination, promotion, transfer of clergy and religious workers within the province.

2.7. Assist the People's Committee of the province in implementing state management over international activities of religious clergy and intellectuals according to the law;

2.8. Serve as the liaison between local authorities and religious organizations within the province;

2.9. Participate in managing historical sites, scenic spots, and cultural landscapes related to religion within the province;

2.10. Study and propose policies and implement policies towards religious organizations and religious clergy and intellectuals according to the authority granted by competent agencies;

2.11. Lead and coordinate with relevant specialized agencies, the Fatherland Front, and mass organizations in propagandizing and mobilizing the public, believers, religious clergy, and religious workers to strictly comply with the Party's policies and the State's laws on religion in the locality;

2.12. Implement international cooperation in the field of religious work and other assigned tasks according to the law and the People's Committee of the province;

2.13. Implement commendation work and propose commendations to competent authorities according to their authority in the field of religious work;

2.14. Implement inspection, investigation, complaint resolution, anti-corruption, and handling of violations in the fields assigned by the People's Committee of the province according to the law;

2.15. Provide professional guidance on religious work to agencies and units within the province;

2.16. Organize research and application of scientific and technological advancements; build information systems, archives, and data provision for management and professional work;

2.17. Implement regular and ad hoc reporting on the implementation of assigned tasks to the People's Committee of the province and the State Committee for Religious Affairs;

2.18. Manage the organizational structure, staffing, implement salary systems, and policies, rewards, disciplinary measures, training, and professional development for staff under their management;

2.19. Manage financial resources and assets of the agency according to the law and the delegation of the People's Committee of the province;

2.20. Perform other tasks assigned by the People's Committee of the province.

3. Organizational structure and staffing:

3.1. Religious Board (as stipulated in Clause 1, Article 2 of Decree No. 22/2004/NĐ-CP):

3.1.1. Leadership of the Department:

- The Religious Board has a Director and no more than two Deputy Directors. The Director is the head of the Board, responsible to the People's Committee of the province and the law for all activities of the Religious Board.

- Deputy Directors assist the Director, responsible for one or several areas of work assigned by the Director, accountable to the Director and the law for the tasks and responsibilities delegated.

3.1.2. Organizational structure includes:

- Office;

- Inspection;

- Specialized and professional departments.

Based on the volume of work, nature, and management characteristics of specific religious affairs in the locality, the Director of the Religious Affairs Board shall submit to the Chairman of the People's Committee of the province for a decision on the specific name and number of specialized and technical departments to cover all aspects of religious affairs within the province in accordance with administrative reform towards efficiency, streamlined operation, and practicality. The number of specialized and technical departments shall not exceed two.

3.2. The Religious Affairs Board (as stipulated in point a, Clause 2, Article 2 of Decree No. 22/2004/NĐ-CP):

The Religious Affairs Board has a Director and one Deputy Director. The provisions regarding the responsibilities and authorities of the Director and Deputy Director shall be implemented according to point 3.1.1 of this Circular.

The Religious Affairs Board operates under a specialist system combined with a head-of-department system; the leader assigns tasks directly to each specialist; it does not organize separate specialized departments.

3.3. The Department has the function of managing religious affairs (as stipulated in point b, Clause 2, Article 2 of Decree No. 22/2004/NĐ-CP):

Assigning one Deputy Director specifically responsible for religious affairs, accountable to the People's Committee of the province and the Director of the Department for the assigned religious affairs.

The Department has the function of managing religious affairs, in addition to other specialized departments, there is a specialized department responsible for religious affairs.

3.4. The Director and Deputy Director of the Religious Affairs Board (Deputy Director of the Department with the function of managing religious affairs) are appointed by the Chairman of the People's Committee of the province based on the criteria and standards for positions issued by competent state agencies and in accordance with regulations of the Party and State. The removal, commendation, and disciplinary actions against the Director (Deputy Director, Deputy Director of the Department) are carried out in accordance with laws on cadres and civil servants.

The Director of the Religious Affairs Board (or the Director of the Department with the function of managing religious affairs) defines the functions, duties, and authorities of subordinate organizations.

3.5. Staffing

Based on the volume, nature, and specific characteristics of religious affairs in the province, the Director of the Religious Affairs Board or the Director of the Department with the function of managing religious affairs and the Director of the Department of Home Affairs shall submit to the Chairman of the People's Committee of the province for a decision on staffing for cadres and civil servants working on religious affairs in the Board or Department.

The allocation of cadres and civil servants for religious affairs must be consistent with the position titles and qualification standards for civil servants and public officials as prescribed by laws on cadres and civil servants.

II. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEE OF DISTRICTS, COUNTIES, TOWNS, AND PROVINCE-GOVERNED CITIES IN MANAGING RELIGIOUS AFFAIRS

1. Position and Functions:

1.1. Specialized agencies handling religious affairs under the People's Committees of districts, counties, towns, and province-governed cities (hereinafter referred to collectively as "district") are organized according to the provisions of Clause 3, Article 2 of Decree No. 22/2004/NĐ-CP dated January 12, 2004, of the Government, including three types of organizational structures as follows:

- Religious Affairs Office (established when meeting two criteria; the first criterion, point a, means: having one or more facilities among those of legitimate religious organizations such as: Bishopric, central offices, provincial offices of religious organizations, Major Seminary (Catholicism), Buddhist Academy (Buddhism), Institute of Biblical Theology (Protestantism), other legally recognized training facilities of religious organizations, and major pilgrimage sites and festivals of religions);

- A specialized department managing multiple sectors and fields including religious affairs (hereinafter referred to as a department with the function of managing religious affairs);

- A dedicated unit handling religious affairs within the People's Council and People's Committee Office (headed by a leader of the People's Council and People's Committee Office at the district level).

1.2. The Religious Affairs Office or the department with the function of managing religious affairs is a specialized agency providing advice and assistance to the People's Committee of the district in managing state administration in the field of religious affairs within the district.

1.3. The Religious Affairs Office or the department with the function of managing religious affairs is subject to the direction and management of organization, staffing, and personnel work by the People's Committee of the district, while also being subject to professional guidance and supervision by the Provincial Religious Affairs Board or the Department with the function of managing religious affairs.

2. Tasks and Authorities

2.1. Submit to the People's Committee of the district guiding documents on religious affairs within the district and organize their implementation in accordance with the regulations of the Provincial People's Committee, the Provincial Religious Affairs Board, and the Central Religious Affairs Board;

2.2. Submit to the People's Committee of the district long-term and annual plans for religious affairs; guide, inspect, and organize the implementation of these plans after approval;

2.3. Take the lead in coordinating with specialized agencies, the United Front and mass organizations in promoting and mobilizing the people, believers, religious dignitaries, and clergy to strictly comply with the Party's policies and the State's laws on religion in the locality;

2.4. Guide and inspect the activities of religious organizations and religious dignitaries within the district; assist the People's Committee of the district in resolving complaints and petitions related to religion in accordance with the law;

2.5. Assist the People's Committee of the district in guiding the People's Committees of communes in implementing legal provisions concerning the religious sector;

2.6. Assist the People's Committee of the district in inspecting the repair, upgrading, and construction of new places of worship for religious organizations under the jurisdiction of the district People's Committee;

2.7. Carry out information, reporting, statistics, and evaluation of the situation regarding the implementation of religious affairs within the district to the People's Committee of the district and the Provincial Religious Affairs Board;

2.8. Perform other tasks assigned by the District People's Committee.

3. Organizational structure and staffing:

3.1. The Provincial People's Committee decides on the organizational form of the specialized agency assisting the People's Committee of the district in managing state administration in religious affairs in accordance with Decree No. 22/2004/NĐ-CP dated January 12, 2004, of the Government.

3.2. Based on the specific characteristics and circumstances of religious affairs in the locality, the Provincial People's Committee ensures sufficient capable and experienced staff for religious affairs at the district level. The staffing of the district-level specialized agency for religious affairs is decided by the Chairman of the District People's Committee within the total administrative staffing allocated by the Chairman of the Provincial People's Committee.

III. STATE MANAGEMENT WORK OF THE PEOPLE'S COMMITTEE OF COMMUNE, WARD, TOWN (HEREINAFTER REFERRED TO AS COMMUNE) REGARDING RELIGIOUS AFFAIRS

The provincial People's Committee shall specify the tasks and powers of the commune People's Committee regarding religious affairs based on the provisions of the law at the request of the Chairman of the Provincial Religious Board.

For communes without an independent organization to assist the People's Committee in state management of religious affairs, assign one member of the People's Committee to concurrently oversee and organize the implementation of religious work within their jurisdiction.

Based on the characteristics and situation of religious activities in difficult and complex communes, the Chairman of the provincial People's Committee decides to transfer or second civil servants from the provincial or district level to work in these communes upon the proposal of the Chairman of the Provincial Religious Board.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular Jointly Issued No. 01/TTLB dated April 11, 1994, issued by the Government Organization-Cadre Department and the Government Religious Board guiding the functions, tasks, powers, organizational structure, and procedures for establishing the Religious Board in provinces and centrally governed cities.

2. The provincial People's Committee shall base on the provisions of Decree No. 22/2004/NĐ-CP to develop a plan to improve the organizational structure for religious work in their locality to be submitted to the provincial People's Council for consideration and decision. Notwithstanding, for provinces that already have a Religious Board under the provincial People's Committee and a Religious Affairs Office under the district People's Committee established before the effective date of Decree No. 22/2004/NĐ-CP, there is no need to go through the establishment process again.

3. The Chairmen of the People's Committees of provinces and centrally governed cities shall base on this Circular to define the functions, tasks, powers, organizational structure, and staffing of the Religious Board or the Department responsible for managing religious affairs; guide the district People's Committees to define the functions, tasks, powers, organizational structure, and staffing of the specialized agency managing religious affairs at the district level and the state management powers over religious affairs of the commune People's Committee.

4. During the implementation of this Circular, if any issues arise or difficulties and obstacles occur, the provincial and centrally governed city People's Committees shall report to the Ministry of Home Affairs and the Government Religious Board for examination and resolution./.

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04/2008/TT-BNV Thông tư số 04/2008/TT-BNV Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Nội vụ, Phòng Nội vụ thuộc UBND cấp tỉnh, cấp huyện 已失效

25/2004/TT-BNV

Circular No. 25/2004/TT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to religious work at local levels.

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Tiếng Việt Thông tư số 25/2004/TT-BNV Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức cơ quan chuyên môn giúp Uỷ ban nhân dân quản lý Nhà nước về công tác tôn giáo ở địa phương 한국어 시행규칙 제 25/2004/TT-BNV 종교 사업에 관한 지방 정부 국가 관리 업무의 기능, 임무, 권한 및 조직 구성을 지도하기 위한 규칙 中文通知第25/2004/TT-BNV号关于地方国家宗教事务管理机关的职能、任务、权限和组织结构的指导意见

Circular No. 25/2004/TT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to religious work at local levels.

适用范围

要点

🌐 本文件的社会影响

❓ 常见问题

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