Decree No. 45/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs

DECREE

||| Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs

||| The Ministry of Home Affairs is a government agency responsible for managing state affairs in the following areas: administrative organization of the state apparatus; local administration organization, administrative territorial management; civil servants, public officials, and state employees; organizations and non-governmental organizations; state archival and document management; and state management of public services within the scope of the Ministry's jurisdiction as prescribed by law.

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THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, which stipulates the list of ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the request of the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

||| The Ministry of Home Affairs is responsible for performing the tasks and powers stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002, of the Government regarding the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

||| 1. Submit to the Government and the Prime Minister draft laws, ordinances, and other regulatory legal documents concerning the fields under the Ministry’s state management.

||| 2. Submit to the Government and the Prime Minister strategies, planning for development, long-term plans, five-year plans, and annual plans concerning the fields under the Ministry’s state management.

||| 4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents; strategies, planning, and plans after approval, and other legal documents within the Ministry’s jurisdiction; disseminate information, promote, educate, and popularize regulatory legal documents within the fields of the Ministry’s state management.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

||| 5. Regarding the administrative organization of the state apparatus:

||| a) Submit to the Government and the Prime Minister proposals on: the organizational structure of the Government; establishment, merger, dissolution, abolition of ministries, ministerial-level agencies, and agencies under the Government; specialized agencies of people's councils; division of labor and decentralization in managing the administrative organization of the state apparatus; management mechanisms for state-run organizations; classification regulations for state administrative and service organizations;

||| b) Review or submit to the Prime Minister proposals on the organization of advisory bodies to the Prime Minister; review proposals on adjusting the organizational structures of ministries, ministerial-level agencies, and agencies under the Government, and the organizational structures of specialized agencies under people's councils submitted by these agencies to the Prime Minister.

||| 6. Regarding local administration organization:

||| a) Submit to the Government proposals on: principles and criteria for classifying administrative units; establishment, merger, division, and adjustment of administrative units according to the provisions of the law;

||| b) Review and submit to the Prime Minister for approval the results of elections for members of provincial people's councils;

||| c) Uniformly manage the training of legal knowledge, state management, and administrative management for National Assembly deputies;

||| d) Assist the Government and the Prime Minister in guiding and inspecting the activities of People's Councils as prescribed by law. Attend meetings of People's Councils and provincial people's councils when discussing issues related to the Ministry's state management;

||| đ) Direct and guide people's councils in conducting elections for National Assembly deputies as prescribed by law;

||| e) Guide and inspect people's councils at all levels on their operational methods;

||| f) Guide and inspect the implementation of policies and benefits for grassroots cadres at commune, ward, and town levels;

||| g) Organize statistics on the number and quality of National Assembly deputies and members of people's councils at all levels; statistics on the number of administrative units at all levels.

||| 7. Regarding administrative territorial boundaries:

||| a) Take the lead and coordinate with central state agencies and local authorities to study fundamental issues concerning administrative territorial boundaries; establish principles for managing, dividing, and adjusting administrative territorial boundaries;

||| b) Submit to the Government proposals on establishing new, merging, dividing, and adjusting provincial and centrally-administered city territorial boundaries, the establishment or dissolution of special economic-administrative zones; review and submit to the Government decisions on establishing new, merging, dividing, and adjusting territorial boundaries below the provincial level;

||| c) Guide local authorities in resolving disputes over administrative territorial boundaries of units below the provincial level;

||| d) Compile and submit to the Government and the Prime Minister for consideration and resolution of issues concerning disputes over administrative territorial boundaries that have differing opinions;

||| 8. Regarding civil servants, public officials, and state employees:

đ) Manage the administrative boundary files at all levels.

||| a) Submit to the Government proposals on: division of labor and decentralization in managing civil servants, public officials, and state employee staffing; training and upgrading of civil servants and grassroots cadres; policies and salary systems, allowances, subsidies, and other benefits for civil servants, public officials, state employees, elected cadres (Chairmen and Vice Chairmen of people's councils at all levels), and grassroots cadres; salaries for armed forces personnel and state enterprise managers (including Board of Directors, General Managers, Deputy General Managers, Directors, and Chief Accountants of state enterprises) and contractual workers in administrative agencies and state-run organizations;

||| b) Submit to the Prime Minister proposals on the use, evaluation, appointment, reappointment, rotation, commendation, and disciplinary actions for civil servants, public officials, and state employees, and the cadre grade structure in administrative agencies as prescribed by law;

||| c) Serve as the permanent body for reforming state salary policies;

||| d) Compile annual staffing figures for state agencies; upon authorization from the Prime Minister, decide on allocating administrative staffing quotas to ministries, ministerial-level agencies, agencies under the Government, provincial people's councils, and non-governmental organizations using state staffing, and set staffing standards for state-run organizations for ministries, ministerial-level agencies, agencies under the Government, and provincial people's councils.

d) Compile the annual administrative and事业编制 of state agencies; upon authorization by the Prime Minister, decide on the allocation of administrative establishment quotas to ministries, ministerial-level agencies, government agencies, provincial people's committees, and non-governmental organizations using state establishment, and stipulate the standard establishment quotas for public services for ministries, ministerial-level agencies, government agencies, and provincial people's committees;

đ) Issue regulations on titles, professional standards for civil service ranks, recruitment, promotion within civil service ranks, appointment to ranks; guide and inspect the implementation of usage, evaluation, appointment, reappointment, rotation, commendation, and disciplinary measures for administrative state officials; guide and inspect the implementation of regulations on management of state officials, systems, and policies for elected officials (Chairpersons, Deputy Chairpersons of People's Committees at all levels) as prescribed by law;

e) Uniformly manage the content, programs, methods, and organization of training and capacity building for administrative state officials, various civil service positions at different levels, grassroots cadres, pre-service training; train ethnic languages for officials working in ethnic regions;

f) Review personnel matters concerning titles of cadres and civil servants presented by ministries, ministerial-level agencies, government agencies, provincial people's committees, state-owned enterprises to the Prime Minister; decide on appointments, reappointments, rotations, commendations, and disciplinary actions for cadres and civil servants under the Ministry’s management according to its authority; decide on high-grade classification for civil servants;

ưg) Organize the implementation of comprehensive work, statistics on the quantity and quality of state cadres, civil servants, public officials, and senior leadership cadres under the Prime Minister’s management authority;

9. Regarding associations and non-governmental organizations:

a) Present to the Government regulations on procedures and formalities for establishing, dissolving, and approving charters of associations and non-governmental organizations;

b) Guide and approve the establishment, dissolution, and approval of charters for associations and non-governmental organizations with nationwide or inter-provincial activities as prescribed by law;

c) Guide and inspect the implementation of charters for associations and non-governmental organizations;

10. Regarding administrative reform of the state:

a) Present to the Government general projects on administrative reform during each phase and organize the implementation of administrative reform programs regarding organizational structures and state officials and civil servants;

b) Review administrative reform projects submitted by ministries, ministerial-level agencies, government agencies, provincial people's committees to the Prime Minister;

c) Serve as the permanent body for the Government's administrative reform work;

11. Regarding state archival and documentation work:

a) Present to the Government proposals on managing state documentation and national archival materials;

b) Issue regulations on managing documentation and archiving within the Ministry’s authority;

c) Guide and inspect state agencies in implementing regulations on documentation and archiving;

12. Regarding international cooperation:

a) Implement international cooperation activities, programs, and projects with foreign countries in the field of state administrative reform as prescribed by the Government;

b) Implement international cooperation in fields under the Ministry’s jurisdiction as prescribed by law;

c) Serve as the leading agency organizing and implementing ASEAN activities in the field of public service;

d) Summarize and report periodically on international conferences and seminars according to assigned functions and tasks;

13. Inspect, investigate complaints, accusations, anti-corruption, and handle violations of laws in areas under the Ministry’s jurisdiction;

14. Present to the Government regulations on management and use of seals; guide and inspect the use of seals by state agencies;

15. Organize and direct the implementation of plans for research on state organization science, administrative science, and application of scientific research in the Ministry’s work;

16. Manage organizational structure and staffing; direct the implementation of salary systems and other incentive, commendation, and disciplinary policies for cadres and civil servants under the Ministry’s management as prescribed by law; provide professional training and capacity building for cadres, civil servants, and public officials under the Ministry’s state management;

17. Manage financial resources and assets assigned and organize the implementation of the budget allocated in accordance with the provisions of the law.

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of Organization - Staffing;

2. Department of Local Administration;

3. Department of Civil Servants - Public Officials;

4. Department of Training and Capacity Building for State Cadres and Civil Servants;

5. Department of Salary;

6. Department of Non-Governmental Organizations;

7. Department of Administrative Reform;

8. THE INTERNATIONAL COOPERATION DEPARTMENT;

9. National Archives and Documentation Service;

10. Department of Cadre and Civil Service Management;

11. Inspectorate;

12. Office (with a permanent office in Ho Chi Minh City and Da Nang);

b) Affiliated organizations under the Ministry:

1. National Academy of Administration;

2. Institute of State Organization Science Research;

3. Journal of State Organization;

4. THE COMPUTER CENTER.

The Minister of Home Affairs shall present to the Prime Minister for approval the functions, tasks, powers, and organizational structure of the National Academy of Administration and the National Archives and Documentation Service to replace current regulatory legal documents;

Article 4. Effectiveness

This Decree takes effect 15 days after publication in the Official Gazette, replacing Decrees No. 181/CP dated November 9, 1994 of the Government on the functions, tasks, powers, and organizational structure of the Civil Service and Cadre Management Board; No. 34-HĐBT dated March 1, 1984 of the Council of Ministers on the functions, tasks, powers, and organizational structure of the National Archives Service; No. 253-HĐBT dated July 6, 1992 of the Council of Ministers on the functions, tasks, powers, and organizational structure of the National Academy of Administration, and other previous regulations contrary to this Decree;

Article 5. Responsibilities for Implementation

The Minister of Home Affairs, ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for enforcing this Decree./.