Decree No. 36/2012/NĐ-CP on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies

DECREE

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

___________________________

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

||| Based on the proposal of the Minister of Home Affairs;

The Government shall issue a Decree to regulate the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

1. This Decree sets forth general provisions on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies (hereinafter referred to collectively as "Ministries"); working systems and powers and responsibilities of Ministers and heads of ministerial-level agencies (hereinafter referred to collectively as "Ministers").

2. Specific functions, tasks, and powers regarding management of sectors and fields by ministries shall be implemented according to the Decree stipulating the functions, tasks, powers, and organizational structure of each ministry.

3. The provisions on the organizational structure of Ministries set out 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 the names of organizations and units under Ministries shall be translated into foreign languages for international transactions according to the guidelines of the Ministry of Foreign Affairs.

Article 2. Position and function of ministries

A Ministry is an agency of the Government, responsible for state management over sectors and fields throughout the country; managing public services within its sectors and fields.

Article 3. Ministers

1. The Minister is a member of the Government, the head and leader of a Ministry; participates in the activities of the Government body and other works of the Government; performs tasks and exercises powers as prescribed by the Law on the Organization of the Government, the provisions of this Decree, and other relevant legal documents; is accountable to the Prime Minister and the National Assembly for state management over sectors and fields throughout the country.

2. The Deputy Minister (hereinafter collectively referred to as "Deputy Minister") is a person assigned to oversee and direct the implementation of one or more areas of work of the Ministry according to the division of labor by the Minister and is accountable to the Minister and to the law regarding the assigned tasks.

When the Minister is absent, a Deputy Minister appointed by the Minister shall act on behalf of the Minister to manage and resolve the affairs of the Ministry and the Minister.

3. The number of Deputy Ministers in each Ministry shall not exceed four people. For Ministries managing multiple important and complex sectors and fields, the number of Deputy Ministers may exceed four people, as decided by the Prime Minister.

Chapter II

TASKS AND POWERS OF THE MINISTRY

Article 4. On laws

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

4. Directing, guiding, inspecting, supervising, and being responsible for organizing the implementation of legal normative documents, strategies, plans already approved within the scope of state management of the ministry; providing information, propaganda, dissemination, and education on laws within the scope of state management of the ministry.

3. Issue circulars, decisions, directives, and other documents on state management over sectors and fields; 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 directly under the Central Government that relate to sectors and fields under the scope of state management of the Ministry; if any regulations issued by those agencies are found to be contrary to normative legal documents within the sectors and fields managed by the Ministry, handle them according to the law.

Article 5. On strategies, plans, and programs

1. Submit to the Government long-term, five-year, and annual development strategies, plans, and important national projects and programs within the sectors and fields; announce (except for contents classified as state secrets) and organize the implementation of these strategies, plans, and programs after they have been approved.

2. Review the content of preliminary feasibility study reports and feasibility study reports of programs, projects, and proposals within the sectors and fields; approve and decide on investment in projects within the jurisdiction of the Ministry according to the law.

Article 6. On international cooperation

1. Submit to the Government for decision on policies and measures to strengthen and expand relations with foreign countries and international organizations; signing, ratifying, approving or accession to and measures to ensure implementation of international treaties on behalf of the State or on behalf of the Government in sectors and fields under the management of the Ministry.

2. Organize negotiations and sign international treaties according to the authorization of competent state agencies and organize the implementation of international cooperation plans and international treaties in which Vietnam is a member within the scope of state management over sectors and fields.

3. Participate in international organizations according to the division of labor by the Government; sign and organize the implementation of international agreements on behalf of the Ministry in accordance with the provisions of law; organize international cooperation to promote the effectiveness and efficiency of the operations of its own agency.

Article 7. On administrative reform

1. Submit to the Government for decision on the delegation of tasks and responsibilities for state management in sectors and fields to local authorities.

2. Decide and organize the implementation of plans for administrative reform, publicizing administrative procedures in sectors and fields; decide on the delegation of authority to subordinate agencies and units within the scope of their competence.

3. Reform the organizational structure of the Ministry to ensure efficiency, rationality, reduction in the number of units, and comprehensive coverage of the functions, duties, and powers of the Ministry as assigned by the Government.

4. Implement changes in working methods, modernize offices, office culture, and apply scientific research and technological results to the activities of the Ministry.

Article 8. On state management of public services in sectors and fields

1. Submit to the Government for issuance of mechanisms and policies on the provision of public services; socialize activities related to the provision of public services in sectors and fields.

2. Submit to the Prime Minister for planning the network of public service institutions.

3. Guide the implementation of policies and laws and support organizations carrying out public service activities in sectors and fields in accordance with the provisions of law.

Article 9. On enterprises, cooperatives, and other forms of collective and private economy

1. Submit to the Government for issuance of mechanisms and policies to encourage, support, and guide the development of enterprises, cooperatives, and other forms of collective and private economy belonging to economic components in sectors and fields.

2. Guide and inspect compliance with regulations for businesses and services with conditions according to the list specified by the Government regarding handling violations within the scope of authority.

3. Exercise rights and obligations of the state owner according to the division and delegation by the Government for single-member limited liability companies owned by the state and state capital invested in other enterprises organized and operating under the Enterprise Law.

Article 10. On associations and non-governmental organizations

1. Recognize the organizing committee for the establishment of associations and non-governmental organizations; provide written opinions to competent state agencies on permission for establishment; division, separation; merger; consolidation; dissolution; name change and approval of the charter of associations and non-governmental organizations.

2. Guide and create favorable conditions for associations and non-governmental organizations to participate in activities within the industry and sector under the national management scope of the Ministry.

3. Inspect and audit compliance with legal provisions by associations and non-governmental organizations operating in sectors and fields under the management of the Ministry; handle or recommend competent state agencies to handle violations of law by associations and non-governmental organizations in accordance with the provisions of law.

Article 11. On organizational structure, civil servant staffing, and the number of officials

1. Submit to the Government for decision on the functions, tasks, powers, and organizational structure of the Ministry; establishment, reorganization, and dissolution of general bureaus and equivalent organizations under the Ministry; autonomy and responsibility mechanisms for public service units under the sector and field.

2. Submit to the Prime Minister for decision on establishment, reorganization, and dissolution of departments, bureaus, and equivalent organizations, public service units under the Prime Minister's authority; functions, tasks, powers, and organizational structure of general bureaus and equivalent organizations under the Ministry.

3. Decide on the establishment, reorganization, and dissolution of other public service units not within the authority of the Government and the Prime Minister as prescribed by law.

4. Decide on the establishment of rooms within departments under the Ministry, the Ministry Inspectorate, the Ministry Office, and sub-bureaus under bureaus according to the provisions of the Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry.

5. Specify the functions, tasks, powers, and organizational structure of departments and bureaus under the Ministry, the Ministry Inspectorate, the Ministry Office, and public service units under the Ministry according to the provisions of law.

6. Take the lead and coordinate with the Ministry of Home Affairs to issue joint circulars guiding the general functions, tasks, powers, and organizational structures of specialized agencies under provincial People's Committees directly under the Central Government and district-level People's Committees regarding the sector and field.

7. Develop the list of job positions, civil servant staffing structure by rank, and official staffing by profession and position to determine the annual civil servant staffing plan of the Ministry and the number of officials working in public service units of the Ministry, and submit them to the Ministry of Home Affairs as prescribed by law.

8. Decide on the allocation of civil servant staffing to organizations under the Ministry; manage civil servant staffing in organizations and units under the Ministry; manage job positions and the number of civil servants and officials in public service units under the Ministry as prescribed by law.

Article 12. On cadres, civil servants, and officials

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

2. Decide on the appointment, removal, and dismissal of heads and deputy heads of organizations and units under the Ministry's organizational structure, including: general bureaus and equivalent organizations, bureaus, departments, inspectorates, offices, public service units, and rooms within departments under the Ministry, the Ministry Inspectorate, and the Ministry Office.

Heads of general bureaus and equivalent organizations, bureaus, and public service units under the Ministry decide on the appointment, removal, and dismissal of leadership and management positions in subordinate units.

The appointment, removal, and dismissal of the aforementioned leadership and management positions shall be carried out according to the regulations of the Party and the law.

3. Manage cadres, civil servants, and officials under the Ministry as prescribed by law. Implement specific measures to strengthen administrative discipline among cadres, civil servants, and officials under the Ministry; practice thrift, combat waste, prevent corruption, bureaucracy, arrogance, and abuse of power in organizations and units under the Ministry.

4. Develop and implement training and development plans for cadres, civil servants, and officials, recruitment, utilization, transfer, rotation, retirement, salary systems, rewards, punishments, and other systems for cadres, civil servants, and officials under the Ministry as prescribed by law.

5. Develop professional standards for civil servants by rank in the sector and field for the Ministry of Home Affairs to promulgate; issue occupational standards and official staffing structures in the sector and field, and leadership and management position standards for specialized agencies under provincial People's Committees directly under the Central Government as prescribed by law.

Article 13. On inspection and supervision

1. Guide, inspect, and supervise the implementation of policies and laws related to the industry and field under the State management of the Ministry.

2. Inspect and supervise the Ministries, agencies under the Government, People's Committees at all levels in the performance of their tasks concerning the industry and field under the State management of the Ministry.

3. Resolve complaints, denunciations, and suggestions from organizations and individuals related to the industry and field under the State management of the Ministry; organize public reception according to the provisions of the law.

Article 14. On financial management and assets

1. Prepare budget estimates, allocate, manage, and settle the annual budget of the agency; inspect the implementation of the budget within the industry and field under its responsibility according to the provisions of the State Budget Law.

2. Coordinate with relevant agencies to establish systems and standards; budgetary norms within the industry and field.

3. Managing and being responsible for state assets assigned in accordance with the provisions of the law.

Chapter III

ORGANIZATIONAL STRUCTURE OF THE MINISTRY

Article 15. Organizational structure of the Ministry

1. Organizations assisting the Minister in State management:

a) Departments;

b) The Ministry Office;

c) The Ministry Inspectorate;

d) Directorate;

đ) General Department and equivalent organizations (hereinafter referred to collectively as general departments).

2. Public service units established as provided for in the Decree stipulating the functions, duties, authorities, and organizational structure of each Ministry:

a) Units researching strategies and policies on the sector and field;

b) Newspaper; Magazine; Information Center or Computing Center;

c) Schools or Training Centers for cadre, civil servants, and public officials; Academies under the Ministry.

3. The Minister shall submit to the Prime Minister for issuance the list of other public service units under the Ministry that have been established by competent authorities.

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

Article 16. Departments under the Ministry

1. A department is an organization under the Ministry, performing the function of comprehensive or specialized advisory on State management over the industry and field or advising on internal management work of the Ministry.

2. A department does not have legal personality. The Director of the department may only sign documents pursuant to the authorization of the Minister to guide, resolve, and announce issues related to the professional and business functions of the department.

3. A department operates under a specialist system. For those departments with multiple areas of work or multiple blocks of work, offices are established; the number of offices within a department is stipulated in the Decree stipulating the functions, duties, authorities, and organizational structure of each Ministry.

4. The establishment of a department must meet the following criteria:

a) Having advisory functions regarding state management in sectors and fields within the Ministry's functions and tasks;

b) Having a scope and target group for management according to sectors and fields.

The above criteria do not apply to the establishment of departments advising on internal management work of the Ministry.

Article 17. The Ministry Office

1. The Ministry Office is an organization under the Ministry, performing the function of comprehensive advisory on programs and plans of work and serving the activities of the Ministry; control administrative procedures according to the provisions of the law; assist the Minister in summarizing, monitoring, and urging organizations and units under the Ministry to implement the approved programs and plans of work of the Ministry.

2. The Ministry Office organizes the implementation of administrative, archival, and storage work; manage material and technical infrastructure, assets, operational funds, ensure working conditions and equipment; provide common support for the activities of the Ministry and internal management work; perform other tasks prescribed by law or assigned by the Minister.

3. The Ministry Office may establish offices based on the assigned areas of work.

4. The Ministry Office has its own seal; the Head of the Office may sign administrative documents when authorized or delegated by the Minister.

Article 18. Inspection Department of the Ministry

1. The Inspection Department of the Ministry is an organization under the Ministry, assisting the Minister in implementing legal provisions on inspection work; handling complaints, denunciations, and preventing and combating corruption; conducting administrative inspections against agencies, organizations, units, and individuals within the scope of management of the Ministry; conducting specialized inspections against agencies, organizations, and individuals operating in sectors and fields under the scope of state management of the Ministry.

2. The Inspection Department of the Ministry has its own seal and separate account; it may establish specialized departments in accordance with the provisions of the Inspection Law.

3. The Director of the Inspection Department of the Ministry may sign administrative documents when authorized by the Minister and may impose administrative penalties according to the laws on handling administrative violations.

Article 19. Bureaus under the Ministry

1. A Bureau is an organization under the Ministry, performing advisory functions, assisting the Minister in state management and organizing the enforcement of laws for specialized sectors and fields within the scope of state management of the Ministry according to the delegation and authorization of the Minister.

In cases where the Ministry manages technical material infrastructure, large assets, and the entire industry, it may establish a Bureau under the Ministry to perform internal management functions of the Ministry.

2. There is only one type of Bureau under the Ministry. A Bureau has legal personality, its own seal and separate account; the Bureau Director may issue individual documents and professional guidance documents regarding the specialized sector and field within the Bureau's scope of management.

3. The establishment of a Bureau must meet the following criteria:

a) It has a specialized management object within the scope of the Ministry's state management as prescribed by specialized laws;

b) It is delegated authority by the Minister to decide on matters within the scope of state management over specialized sectors or fields;

c) Organizing public service activities in the specialized sector and field.

đ) Public service units (if any)."

a) Rooms;

b) Office;

c) Sub-bureau (if any);

Article 3. Requirements for constructing and applying the Quality Management System

Article 20. General Departments under the Ministry

1. A General Department is an organization under the Ministry, performing advisory functions, assisting the Minister in state management and organizing the enforcement of laws for large and complex specialized sectors and fields nationwide according to the delegation and authorization of the Minister.

2. A General Department has legal personality, its own seal and separate account. The General Department Director may issue individual documents and professional guidance documents regarding the specialized sector and field within the General Department's scope of management.

3. The establishment of a General Department must meet the following criteria:

a) There must be objects of state administration in large, complex and important specialized fields and areas for economic and social development;

b) Specialized sectors and fields requiring centralized and unified management at the central level, not delegated or limitedly delegated to localities;

c) Delegated and authorized by the Minister to decide issues within the scope of state management over the specialized sector and field;

d) Organizing public service activities in the specialized sector and field.

For general departments organized vertically, the number of directorates under general departments and sub-directorates under directorates under general departments (if any) located in localities shall be specified in the decision stipulating the functions, tasks, powers, and organizational structure of general departments."

a) Departments;

b) Office;

c) Bureau (if any);

Article 3. Requirements for constructing and applying the Quality Management System

The establishment of departments and bureaus under the General Bureau shall apply the criteria for establishing departments and bureaus under the Ministry. No offices shall be established within departments under the General Bureau.

For General Departments organized vertically, the establishment of Bureaus and Sub-Bureaus at local levels is regulated in the decision stipulating the functions, tasks, powers, and organizational structure of the General Department.

Article 21. Public Service Units under the Ministry

1. The establishment, restructuring, and dissolution of public service units shall be carried out in accordance with the regulations of the Government and relevant laws.

2. Public service units do not have state administrative functions.

3. Public Service Units operate autonomously and are responsible for their tasks, organizational structures, number of staff, and finances according to the law and are subject to state management by relevant Ministries according to each sector and field.

4. Public service units have legal personality, their own seals, and separate accounts.

Chapter IV

WORKING REGIME AND RESPONSIBILITIES OF THE MINISTER

Article 22. Working Regime of the Minister

The Minister works under the head-of-department system and the Government's Work Regulations; ensuring the principle of democratic centralism; implementing the information and reporting system of the Ministry as prescribed.

Article 23. Responsibilities of the Minister towards the Ministry

1. Bear responsibility for presenting to the Government; the Prime Minister decides issues related to the sector or field under the authority of the Government and the Prime Minister according to the Government's Operational Regulations.

2. Bear responsibility for the quality and content of projects, programs, proposals, and regulatory legal documents prepared by the Ministry.

3. Issue the Operational Regulations of the Ministry and direct, inspect the implementation of those Regulations.

4. Decide on matters within the management scope of the Ministry and bear responsibility for such decisions.

5. Lead, direct, and inspect organizations and units under the Ministry in performing assigned tasks; bear responsibility for building a cadre of civil servants and public officials with sufficient moral qualities, competence, and capability.

6. Bear full responsibility for all work within their duties and authorities, including when delegated or entrusted to deputy ministers.

Article 24. Responsibilities of the Minister towards the Government and the Prime Minister

1. Fully perform the State management functions of the Ministry regarding sectors and fields.

2. Not transfer work within their assigned tasks and authorities to the Prime Minister. For issues exceeding their authority or although within their authority but lacking the capacity and conditions to resolve, the Minister must proactively work with relevant Ministers to complete files for submission to the Government and the Prime Minister for consideration and decision.

3. Fully perform the tasks and responsibilities of a member of the Government according to the Government's Operational Regulations.

Article 25. Responsibilities of the Minister towards other Ministers

1. Not issue documents contrary to the regulations of other Ministers.

2. Take the lead and coordinate with other Ministers to resolve issues related to the functions and tasks of their respective Ministries.

3. Respond in writing within the time limit prescribed by law to issues proposed by other Ministers.

Article 26. Responsibilities of the Minister towards People's Committees at various levels

1. Direct, guide, and inspect People's Committees at various levels in performing tasks and operations under their jurisdiction.

2. Resolve requests from the Chairpersons of Provincial and Central City People's Committees within their authority and respond in writing within the time limit prescribed by law.

Article 27. Responsibilities of the Minister towards agencies of the National Assembly, National Assembly deputies, and voters.

1. Present or provide necessary documents upon request of the National Assembly Standing Committee, the National Ethnic Council, and the National Assembly Committees.

2. Answer recommendations from the National Ethnic Council and National Assembly committees as stipulated by law.

3. Answer questions from National Assembly deputies and voter recommendations on issues within the sector or field under national administration of the Ministry.

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

The Minister has the responsibility to coordinate with the heads of the Vietnam Fatherland Front, Trade Union, and other mass organizations while performing the Ministry’s tasks.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from June 15, 2012.

2. This Decree replaces Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; abolishes previous provisions that conflict with this Decree.

Article 30. Transitional Provisions

1. Based on the provisions of this Decree, Ministries shall review the functions and tasks of their representative offices at local levels to reorganize them into departments or bureaus under the Ministry or Representative Offices under the Ministry's Office at local levels.

2. Existing rooms within departments under general administrations shall be maintained until the Minister submits to the Prime Minister for a decision on the functions, tasks, powers, and organizational structure of the general administrations.

Article 31. 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.