Decree No. 30/2003/ND-CP on the functions, tasks, powers, and organizational structure of government agencies

DECREE

Regulations on functions, tasks, powers, and organizational structure

of government agencies

_____________________

THE GOVERNMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

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

At the proposal of the Minister of Interior Affairs.

DECREE:

Article 1. Scope and regulated subjects

This Decree stipulates the functions, tasks, powers, and organizational structure of government agencies; working systems and responsibilities of the heads of government agencies.

Article 2. Position and Functions

Government agencies are established by the Government and include:

1. Government agencies perform certain state management tasks and powers over sectors and fields; manage public services within sectors and fields, and carry out specific tasks and powers regarding the representation of state ownership interests in state-owned enterprises according to the provisions of the law.

2. Government agencies operate for the purpose of serving the state management tasks of the Government or implementing certain important public services that must be directly directed by the Government; carry out specific tasks and powers regarding the representation of state ownership interests in state-owned enterprises according to the provisions of the law.

Article 3. Heads of government agencies

1. The head of a government agency is the person in charge and leader of a government agency; is responsible before the Prime Minister and the Government for the performance of the agency's functions, tasks, and powers.

The head of a government agency does not issue normative legal documents.

The issuance of normative legal documents to implement state management over matters within the sectors and fields managed by government agencies is decided by the Prime Minister.

2. Deputy heads of government agencies assist the head in directing certain aspects of work and are responsible to the head for the assigned tasks. In the absence of the head, a deputy head appointed by the head leads the agency's activities.

Each government agency shall have no more than three deputy heads. Special cases are decided by the Prime Minister.

Article 4. General duties and powers

1. Regarding strategy, programs, planning, and plans:

a) Submit to the Government and the Prime Minister strategic plans, programs, long-term, five-year, and annual plans, and important projects of the agency; organize the implementation of these strategies, programs, and plans after approval;

b) Participate in the appraisal of important proposals and projects within their expertise at the request of the Government and the Prime Minister;

c) Deciding on investment projects within its authority according to the law.

2. Issue, guide, inspect, and organize the implementation of standards, procedures, professional norms, and economic-technical quotas applicable in subordinate organizations according to the laws on state management of sectors and fields;

3. Regarding international cooperation:

a) Submit to the Government and the Prime Minister proposals for negotiating, signing, joining, and approving international treaties according to the law;

b) Organize the implementation of international treaties according to the division of labor by the Government and the Prime Minister;

c) Organize the implementation and inspection of the execution of international aid programs according to the law;

d) Dispatch officials, civil servants, and employees under their management and delegations abroad according to the international cooperation plan;

đ) Participate in conferences, seminars, and international cooperation programs and plans according to the law.

4. Decide and direct the implementation of administrative reform programs according to the goals and contents of the national administrative reform program approved by the Prime Minister.

5. Guide, inspect, and be responsible for organizing the implementation of public services according to the law.

6. Regarding information and reporting systems:

a) Organize information dissemination and promotion of political tasks, policies, regulations, and laws of the State within the assigned sectors and fields;

b) Implement reporting requirements with the Prime Minister or the Minister managing the sector or field according to the Government's regulations.

7. Regarding organizational structures and state officials, civil servants, and employees:

a) Propose the Government to issue decrees defining the functions, tasks, powers, and organizational structures of the agency;

b) Propose the Prime Minister to decide on the establishment, restructuring, or dissolution of organizations and units within the agency's organizational structure;

c) Define the functions, tasks, powers, organizational structures, and working relationships of subordinate organizations and units;

d) Propose the Prime Minister to appoint, dismiss, or remove deputy heads of government agencies;

đ) Appoint for a term of five years (reappointment will be conducted upon expiration of the term), dismiss, and discipline the heads and deputies of subordinate organizations and units according to the law; define the authority and responsibility of the heads of subordinate organizations and units;

e) Decide and organize the implementation of specific measures to strengthen administrative discipline among officials, civil servants, and employees under their authority; combat corruption, waste, and all manifestations of bureaucracy, arrogance, and favoritism in the agency's operations;

g) Organize the implementation of training, development, recruitment, utilization, transfer, retirement, commendation, disciplinary actions, and other systems for officials, civil servants, employees, and workers under their management according to the law;

h) Inspect compliance with policies, laws, and assigned tasks by officials, civil servants, employees, and workers under their management; resolve complaints and denunciations related to officials and civil servants under their authority according to the law.

8. Regarding financial and asset management:

a) Prepare the annual budget estimate of the agency to submit to the competent state agency according to the law;

b) Decide on the allocation, inspect expenditure, be responsible for settlement, and have the right to adjust within the approved total revenue and expenditure ceiling to fulfill assigned tasks without changing the approved plan objectives;

c) Implement financial and accounting management according to the law;

d) Manage and use state assets effectively.

Article 5. Specific duties and powers of some government agencies

1. Chair or participate in drafting draft laws, ordinances, and other draft regulatory legal documents according to the division of labor by the Government, the Prime Minister;

2. Organize the implementation of appraisal, registration, issuance of licenses, certificates, certifications, ranking of organizations, and some other business operations as prescribed by law;

3. Inspect and audit within the assigned sector or field concerning organizations and individuals in the implementation of legal provisions; propose to the Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, People's Councils, and provincial/municipal People's Committees under the central government to handle according to their authority those provisions issued by ministries, ministerial-level agencies, government-affiliated agencies, People's Councils, and provincial/municipal People's Committees that contravene laws, ordinances, and other regulatory legal documents related to the assigned sector or field;

4. Carry out specific tasks and powers regarding representation of state ownership interests in state-owned enterprises as prescribed by law;

The Government shall specify the application of certain tasks and powers stipulated in this Article in the decree detailing functions, tasks, powers, and organizational structure of each government agency;

Article 6. Organizational Structure

1. The organizational structure of government agencies specified in Clause 1, Article 2 of this Decree includes:

a) Departments, offices, inspection units;

b) Bureaus (not necessarily all agencies have these);

c) Public service organizations.

2. The organizational structure of government agencies specified in Clause 2, Article 2 of this Decree includes:

a) Boards;

b) Office;

c) Public service organizations.

3. Regarding the organizational principles and operation of organizations within the organizational structure of government agencies:

a) Organizations specified in Clause 1 of this Article apply organizational and operational principles similar to those for organizations within the organizational structure of ministries and ministerial-level agencies as prescribed in Articles 16, 17, 18, 19, and 21 of Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

b) Organizations specified at point a, Clause 2 of this Article do not have subordinate departments, nor do they have separate seals. In cases where it is necessary to establish departments within such organizations, the Government will specify this in detail in the decree detailing functions, tasks, powers, and organizational structure of each government agency;

c) Offices of government agencies specified in Clauses 1 and 2 of this Article have separate seals; the organizational structure of the office may include departments;

4. The number of deputy heads of organizations specified in Clauses 1 and 2 of this Article shall not exceed three persons;

Article 7. Working system and responsibility of Heads of government agencies

1. Government agencies operate under a head system, ensuring democratic centralism;

2. The Head of a government agency decides on the issuance of working regulations, information systems, and reporting procedures for the agency and oversees the implementation thereof;

3. The Head of a government agency is responsible for tasks assigned by the Government, the Prime Minister; bears responsibility when there are deficiencies in management and corruption, bureaucracy, causing significant losses in organizations and units under their management;

4. The Head of a government agency has the responsibility to report to the Government, the Prime Minister on the organization and activities of the agency they oversee and the completion of assigned tasks; seek opinions from the Prime Minister on matters exceeding their authority; attend sessions of the Government when requested by the Prime Minister; coordinate with Ministers, Heads of ministerial-level agencies, Heads of other government-affiliated agencies, and central-level political-social organizations in resolving issues related to their functions, tasks, and powers; resolve proposals and recommendations from provincial/municipal People's Committees in accordance with the assigned functions, tasks, and powers;

Article 8. Effectiveness

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial/municipal People's Committees under the central government are responsible for implementing this Decree.