Decree No. 48/2016/NĐ-CP stipulates the functions, tasks, powers, organizational structure, and staffing of the provincial People's Council Office under the direct jurisdiction of the central government. It applies to provincial offices and clearly specifies the specific powers and tasks of the Director and Deputy Directors of the Office.
Scope of application
Provincial People's Council Office under the direct jurisdiction of the central government
Key points
- The provincial People's Council Office is an advisory body assisting the People's Council and its Standing Committee.
- The Director of the Office is elected, relieved, or dismissed by the People's Council; Deputy Directors are appointed by the Chairman of the People's Council in accordance with the law.
- The organizational structure includes two departments: the General Department and the Administrative - Organizational - Management Department.
- Staffing is allocated based on job positions, linked to functions, tasks, and scope of activities decided by the provincial People's Council.
- The Office has working relations with the National Assembly Office, the Government Office, and other agencies and organizations to coordinate in serving the activities of the People's Council.
🌐 Social impact of this document
- Creating a foundation for effective management and operation of the provincial People's Council Office.
- Ensuring transparency and quality in the process of implementing supervisory and external activities of the People's Council.
❓ Frequently asked questions
From where is the Director of the provincial People's Council Office elected?
The Director is elected, relieved, or dismissed by the provincial People's Council.
How many Deputy Directors does the provincial People's Council Office have?
The provincial People's Council Office has no more than two Deputy Directors.
What is the staffing of civil servants at the provincial People's Council Office defined as?
Staffing is allocated based on job positions, linked to functions, tasks, and scope of activities decided by the provincial People's Council.
With which organizations does the provincial People's Council Office have working relations?
The Office has working relations with the National Assembly Office, the Government Office, and other agencies and organizations to coordinate in serving the activities of the People's Council.
What rights does the Director of the provincial People's Council Office have?
The Director is the head of the Office, managing overall operations and being responsible under the law for all activities of the Office. In their absence, a Deputy Director is delegated to manage the Office's activities.
Full text
DECREE
REGULATIONS ON THE FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND STAFFING OF THE PROVINCE PEOPLE'S COUNCIL OFFICE IN PROVINCES AND MUNICIPALITIES UNDER THE CENTRAL GOVERNMENT
On the basis of the Law on Government Organization dated June 19, 20165;
Pursuant to the Law on the Organization of Local Administration dated June 19, 2015the Government promulgates this Decree to specify the functions, tasks, powers, organizational structure and staffing of the Province People's Council Office in provinces and municipalities under the central government.5;
||| Based on the proposal of the Minister of Home Affairs;
the Government detailing certain provisions1. The Province People's Council Office in provinces and municipalities under the central government (hereinafter referred to collectively as the Province People's Council Office) is an advisory body that assists and serves the activities of the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, and provincial-level People's Council deputies. 2. The Province People's Council Office has legal personality, its own seal, and separate accounts.
Article 1. Position and Functions
1. Assist the People's Council, the Standing Committee of the People's Council, and Committees of the People's Council at the provincial level in developing work programs and activity plans for each month, quarter, six months, and the entire year; organize services to implement approved programs and plans.
2. Serve the Standing Committee of the People's Council, the Chairman, and Vice Chairmen in managing the general operations of the provincial-level People's Council; coordinate and harmonize the activities of Committees of the People's Council at the provincial level; ensure the implementation of operational regulations of the People's Council, the Standing Committee of the People's Council, Committees of the People's Council at the provincial level, and the Rules of Procedure of the People's Council sessions; assist the Standing Committee of the People's Council in maintaining contact with Delegation Groups and provincial-level People's Council deputies; serve the People's Council, the Standing Committee of the People's Council, and Committees of the People's Council at the provincial level in external activities.
Article 2. Tasks and Authorities
3. Assist the Standing Committee of the provincial-level People's Council in developing agendas and organizing services for People's Council sessions, Standing Committee meetings, and Committee meetings; coordinate with relevant agencies and organizations to prepare materials for People's Council sessions, Standing Committee meetings, and Committee meetings; compile questions from People's Council deputies.
4. Advise and serve the Standing Committee of the provincial-level People's Council and Committees of the People's Council in drafting reports on their work; advise and serve Committees of the People's Council in reviewing draft resolutions, reports, and proposals; assist the Standing Committee of the provincial-level People's Council in perfecting draft resolutions of the provincial-level People's Council.
5. Advise and serve the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, Delegation Groups, and provincial-level People's Council deputies in supervisory activities; survey, monitor, compile, and urge agencies, organizations, and individuals to implement resolutions on supervision.
6. Serve the Standing Committee of the provincial-level People's Council and provincial-level People's Council deputies in receiving citizens' petitions; receive and advise on handling complaints, petitions, and suggestions submitted to the People's Council and the Standing Committee of the provincial-level People's Council; monitor and urge the resolution of complaints, petitions, and suggestions from agencies, organizations, and citizens.
7. Coordinate with relevant agencies and organizations to serve provincial-level People's Council deputies in meeting with voters; assist the Standing Committee of the provincial-level People's Council in compiling and submitting public opinions and wishes to responsible agencies and organizations for consideration and resolution.
8. Serve the Standing Committee of the provincial-level People's Council in organizing public consultations on draft Laws, draft Ordinances, and other draft regulatory documents upon request of the National Assembly Standing Committee, the Government, and Ministries and sectors.
9. Serve the Standing Committee of the provincial-level People's Council in conducting elections for People's Council deputies at all levels; approve election results, dismissals, and removals of Chairmen and Vice Chairmen of district-level People's Councils.
10. Advise and serve the Standing Committee of the provincial-level People's Council in resolving issues between sessions; assist Committees of the provincial-level People's Council in reviewing documents submitted by the People's Committee between sessions of the People's Council according to the assignment of the Standing Committee of the provincial-level People's Council.
11. Advise and serve the Standing Committee of the provincial-level People's Council and Committees of the provincial-level People's Council in organizing briefing meetings, exchanging experiences, and training skills for People's Council deputies at all levels.
12. Advise and serve the People's Council, the Standing Committee of the People's Council, and Committees of the provincial-level People's Council in maintaining working relations with the Government,
13. Have the authority to sign documents announcing opinions and conclusions of the Standing Committee of the provincial-level People's Council; have the right to request or require units at the same level and subordinate levels to cooperate in performing tasks; have the right to request organizations and individuals to provide information and documents for the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, Delegation Groups, and provincial-level People's Council deputies in accordance with regulations.
14. Advise and assist the provincial-level People's Council in preparing annual budget estimates; implementing the budget; managing the operating budget of the provincial-level People's Council.
15. Assist the provincial-level People's Council in ensuring conditions for the operation of the People's Council, the Standing Committee of the People's Council, Committees of the People's Council, Delegation Groups, and provincial-level People's Council deputies; implementing policies for provincial-level People's Council deputies.
16. Manage material resources, scientific research activities, administrative work, archives, security, and reception services of the agency and the provincial-level People's Council.
17. Develop planning and training programs and implement management of civil servants and employees of the provincial-level People's Council Office in accordance with the law.
18. Perform other tasks assigned by the People's Council and the Standing Committee of the provincial-level People's Council in accordance with the law.
17. Develop planning, training programs, and implement management of civil servants and employees of the People's Council Office at the provincial level in accordance with the provisions of the law.
18. Carry out other tasks assigned by the People's Council and the Standing Committee of the People's Council at the provincial level in accordance with the provisions of the law.
Article 3. Director and Deputy Directors of the Provincial People's Council Office
1. The Director of the Provincial People's Council Office shall be elected, relieved, or removed from office by the Provincial People's Council. The Deputy Directors shall be appointed by the Chairman of the Provincial People's Council based on legal provisions and the recommendation of the Director of the Provincial People's Council Office. The Provincial People's Council Office may have up to two Deputy Directors.
2. The Director is the head of the Provincial People's Council Office, managing and directing the general operations of the Office and being responsible before the Provincial People's Council and the law for all activities of the Office; coordinating with the heads of the Committees of the Provincial People's Council to resolve related matters.
3. Deputy Directors assist the Director in performing tasks assigned by the Director, being responsible before the Director and the law for the assigned tasks. When the Director is absent, one Deputy Director designated by the Director shall direct the activities of the Office.
Article 4. Organizational Structure
1. The organizational structure of the Provincial People's Council Office consists of two departments, specifically as follows:
a) General Department;
b) Administrative - Organizational - Management Department.
2. After obtaining the consensus of the Standing Body of the Provincial People's Council, the Director of the Provincial People's Council Office shall stipulate the functions, tasks, and authorities of each department under the Provincial People's Council Office.
3. Each department under the Provincial People's Council Office has a Head and one Deputy Head. The Director of the Provincial People's Council Office shall appoint the Heads and Deputy Heads according to the legal provisions on the appointment of civil servants. In addition to management duties, the Heads and Deputy Heads must also undertake specialized work.
Article 5. Staffing
The staffing of civil servants of the Provincial People's Council Office is allocated based on job positions linked to functions, tasks, and scope of operation determined by the Provincial People's Council and delegated by the Chairman of the Provincial People's Committee within the total staffing of civil servants of the locality as authorized by the competent authority.
Article 6. Work Relationships
The Provincial People's Council Office has working relations with the National Assembly Office, Government Office, Ministry of Home Affairs, Delegation of the National Assembly Office, People's Committee Office, Permanent Standing Committee of the Vietnam Fatherland Front, provincial departments, sectors, and other agencies, organizations, and units at the local level to coordinate and serve the activities of the Provincial People's Council, its Committees, and provincial-level People's Council representatives.
Article 7. Working Regime
1. The working system of the Provincial People's Council Office implements the chief system combined with the specialist system.
2. Based on legal provisions, the Director promulgates the Working Regulations of the Provincial People's Council Office and directs and supervises the implementation of the Regulations as prescribed.
Article 8. Operating Budget
The operating budget of the Provincial People's Council Office is included in the operating budget of the Provincial People's Council.
Article 9. Transitional Provisions
Due to the reorganization of the structure of the Provincial People's Council Office, civil servants currently holding the position of Head or Deputy Head, if not appointed according to the new organizational structure stipulated in this Decree, shall retain their leadership position allowances for six months. Thereafter, the civil servants will be assigned and tasked with other work and will receive salaries based on their assigned work. If the remaining working period is less than six months, they will retain their leadership position allowances until retirement.
Article 10. Effective Date
This Decree takes effect from July 15, 2016.
Article 11. Responsibility for Implementation
1. The Standing Body of the Provincial People's Council shall stipulate the functions, tasks, authorities, and organizational structure of the Provincial People's Council Office according to this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of Provincial People's Councils, and Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree.
PRIME MINISTER
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