Decree No. 58/2014/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs

DECREE

Article specifies the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs

_______________

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the request of the Minister of Home Affairs,

The Government issues this Decree to stipulate the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

Article 1. Position and Functions

The Ministry of Home Affairs is an agency of the Government, responsible for managing state affairs in the following sectors: administrative organization, public service organizations; local administration, administrative boundaries; civil servants, public officials, state employees; specialized administrative training and state management; associations, non-governmental organizations; commendation and reward; religion; state archival affairs; youth and state management of public services under the Ministry's jurisdiction as prescribed by law.

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;

The Ministry of Home Affairs performs tasks and authorities as stipulated in Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government on the functions, tasks, authorities, and organizational structure of Ministries, ministerial-level agencies, and the following specific tasks and authorities:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, draft resolutions and decrees of the Government according to the annual legislative program of the Ministry that has been approved, and projects and programs assigned by the Government and Prime Minister; strategies, plans, long-term, five-year, and annual development plans, and important national projects and works within the Ministry’s jurisdiction.

2. Submit to the Prime Minister draft decisions, directives, and other documents within the Ministry’s jurisdiction or as assigned.

3. Issue circulars; decisions, directives, and other documents within the scope of the Ministry’s state management; guide and inspect the implementation of these documents.

4. Direct, guide, inspect, and be responsible for organizing the implementation of normative legal documents, strategies, plans, long-term, five-year, and annual development plans, and important national projects and works issued or approved within the scope of the Ministry’s state management; disseminate, popularize, and educate on laws within the scope of the Ministry’s state management.

5. On administrative organization and public institutions:

a) Submit to the Government proposals for the organizational structure of the Government during the term of the National Assembly; proposals and draft decrees of the Government on establishing new, merging, consolidating, dividing, separating, dissolving Ministries, ministerial-level agencies, and government agencies; draft decrees on the organization of specialized agencies under People's Committees; draft decrees on the division of administrative organization management authority at the provincial level;

b) Review draft decrees of the Government on the functions, tasks, authorities, and organizational structures of Ministries, ministerial-level agencies, and government agencies; review proposals and draft decisions of the Prime Minister on the establishment, merger, dissolution, and reorganization of general bureaus and equivalent bodies proposed by Ministries, ministerial-level agencies, and government agencies; review proposals and draft decisions of the Prime Minister on the establishment, merger, dissolution, and reorganization of administrative and public service organizations and inter-ministerial advisory and coordination organizations proposed by Ministries, ministerial-level agencies, government agencies, and provincial-level People's Committees;

c) Take the lead, coordinate with the Office of the Government and Ministries, ministerial-level agencies, and government agencies to review final draft decrees of the Government on the functions, tasks, authorities, and organizational structures of Ministries, ministerial-level agencies, and government agencies before submitting them to the Prime Minister for signature and issuance;

d) Guide common criteria for classifying and ranking administrative and public service organizations as prescribed by law.

d) Take the lead or coordinate with sectoral Ministries to issue joint circulars guiding the functions, tasks, authorities, and organizational structures of specialized agencies under provincial-level and district-level People's Committees;

e) Guide and inspect the review of functions, tasks, and authorities of Ministries, ministerial-level agencies, and government agencies; compile and report to the Government for decision-making on adjustments to the functions, tasks, authorities, and organizational structures of Ministries, ministerial-level agencies, and government agencies.

6. On local administration:

a) Submit to the Government for promulgation regulations on: Classification of administrative units at all levels; establishment, merger, division, separation, boundary adjustment, renaming of administrative units at all levels; establishment, renaming, merger, division, separation, dissolution of centrally-administered special economic administrative units; policies for village-level cadres and civil servants;

b) Review and submit to the Prime Minister for approval the results of elections for members of provincial-level People's Councils;

c) Assist the Government and Prime Minister in guiding and inspecting the operations of provincial-level People's Councils as prescribed by law. Attend regular meetings of provincial-level People's Councils, and when necessary, attend meetings of provincial-level People's Committees discussing the construction of administration, administrative boundary management, and the full-term and annual work programs of provincial-level People's Committees;

d) Guide the implementation of elections for National Assembly deputies and People's Council representatives as prescribed by law;

e) Guide and inspect the operations of People's Committees at all levels regarding operational methods; implementation of policies and benefits for village-level cadres and civil servants;

f) Statistically record the number and quality of People's Council representatives and members of People's Committees at all levels; the number of administrative units at all levels.

7. On territorial boundaries and classification of administrative units:

a) Review and submit to the Government proposals on: Establishment, merger, division, separation, boundary adjustment, renaming of administrative units at all levels; establishment, merger, division, separation, dissolution of centrally-administered special economic administrative units; upgrading urban administrative management levels within provinces;

b) Submit to the Prime Minister for decision on the classification of provincial-level administrative units;

c) Decide on the classification of district-level administrative units; guide provincial-level People's Committees in classifying commune-level administrative units.

d) Direct, inspect the implementation of legal provisions on management, division, adjustment of administrative boundaries; take the lead in building plans to resolve administrative boundary issues for submission to the Prime Minister for consideration and decision; compile and submit to the Government and the Prime Minister for consideration and resolution of issues that have not been unified related to administrative boundaries;

đ) Manage the administrative boundary files at all levels.

8. On personnel management:

a) Decide on the allocation of civil servant positions, positions working abroad for organizations under Ministries, agencies equivalent to Ministries, and provincial People's Committees' civil servant positions after the Prime Minister approves the annual total civil servant positions of the state;

b) Supplement civil servant positions for Ministries, agencies equivalent to Ministries, and provincial People's Committees within the reserve total positions after the Prime Minister approves;

c) Allocate positions working abroad for organizations under government agencies and civil servant positions of organizations using state positions after the Prime Minister approves;

d) Compile and report to the Government and the Prime Minister on civil servant positions, the number of public officials of state agencies and public service units nationwide;

9. On state cadres, civil servants, public officials:

a) Direct, inspect the implementation of planning for cadres, civil servants, and public officials in leadership and management positions of Ministries, agencies equivalent to Ministries, and government agencies; compile and report to the Prime Minister on cadre planning, civil servant planning, and other leadership and management positions within the Prime Minister's authority; direct, inspect the implementation of planning, programs, and training programs for cadre teams;

b) Direct, inspect the implementation of regulations of the Government and the Prime Minister regarding: Recruitment, utilization, management of job positions, appointment to ranks, rank transfer, promotion, change of occupational titles, evaluation, appointment, reappointment, transfer, rotation, assignment, resignation from position, resignation, removal from office, disciplinary action, termination of employment, retirement, ethics, communication culture of cadres, civil servants, and public officials, and other management contents as prescribed by law; ensure gender equality principles as prescribed by law;

c) Direct, inspect the implementation of regulations of the Government regarding occupational titles, standards for cadres, civil servants, and public officials in leadership and management positions from department head level and equivalent to deputy minister level of Ministries, agencies equivalent to Ministries, and government agencies; from department head level and equivalent of district-level People's Committees to director of departments and equivalent of provincial-level People's Committees;

Specify civil servant ranks and rank codes; issue and direct, inspect the implementation of civil servant rank standards, public official occupational title standards; civil servant rank structure; cadre, civil servant, and public official file management work; public official occupational title structure; identification numbers, cards, and wearing systems for civil servants and public officials; uniforms for cadres and civil servants;

đ) Take the lead in organizing examinations for civil servants to promote from specialist rank and equivalent to senior specialist rank and equivalent, from senior specialist rank and equivalent to senior specialist high rank and equivalent in state agencies and state-owned public service units; coordinate with the Central Organization Department of the Communist Party of Vietnam to organize examinations for civil servants to promote from specialist rank and equivalent to senior specialist rank and equivalent; from senior specialist rank and equivalent to senior specialist high rank and equivalent in agencies and public service units of the Communist Party of Vietnam, political-social organizations; coordinate with Ministries, agencies equivalent to Ministries, and government agencies to organize examinations or review promotions of public official occupational titles; decide on appointments to senior specialist rank and equivalent public official occupational titles according to authority; inspect and supervise civil servant rank promotions and public official occupational title changes;

e) Review draft regulatory documents stipulating professional standards for public official occupational titles, public official occupational title structures, evaluation, examination, and promotion content and forms for specialized public official occupational titles for the Minister or Head of a Ministry managing public official ranks to promulgate;

g) Review personnel matters for cadre, civil servant, public official positions, and other leadership and management positions within the Prime Minister's authority to decide and approve according to law;

h) Implement policies for senior cadres according to assigned tasks and levels;

i) Build and manage national data on the cadre, civil servant, and public official workforce, village-level civil servants, and cadres within the Prime Minister's authority to decide; organize cadre, civil servant file management according to分级授权

k) Direct, inspect, and implement the Government's regulations on planning, sourcing female cadres, and female ratios for appointment to positions in state agencies; collect and compile national statistics indicators on female cadre work.

10. Regarding cadre and civil servant training and development work:

a) Direct, inspect the implementation of planning and training programs for cadres and civil servants both domestically and abroad, village-level cadres, and representatives of all levels of People's Councils;

b) Guide the organizational regulations of training institutions for cadres and civil servants under Ministries, agencies equivalent to Ministries, and government agencies, and provincial-level People's Committees;

c) Uniformly manage the training and development program system for cadres and civil servants; representatives of all levels of People's Councils and village-level cadres and civil servants;

d) Organize training and development of state administration management knowledge and skills for civil servants in the internal affairs sector; take the lead and coordinate with Ministries and sectors to train and develop state administration management knowledge and skills for representatives of all levels of People's Councils and village-level cadres and civil servants;

đ) Allocate, guide, inspect the implementation of training and capacity building for cadres and civil servants annually after approval by the competent authority; compile and report to the Prime Minister the results of training and capacity building for cadres and civil servants;

e) Develop, issue, guide, inspect, and implement human resource planning for the Civil Service sector; train higher education and postgraduate human resources in fields managed by the Ministry of Civil Affairs;

g) Train and enhance the qualifications of civil servant positions from the level of Senior Specialist and equivalent in Party agencies, State agencies, and public institutions within the political system and enterprises; enhance civil servants and officials before appointing them to leadership and management positions at various levels;

h) Train lecturers, researchers, and other subjects in administrative and state management specialties;

i) Provide specialized training and enhancement for cadres and civil servants in the political system engaged in office work and state administrative management;

11. On salary policy:

a) Guide the implementation of Government and Prime Minister regulations on: policies and salary systems (minimum wage; pay scale; grade and rank; allowances; salary management and income); other policies and systems for cadres, civil servants, and public officials from central to commune levels; salaries for armed forces and contractual workers in state agencies and public institutions;

b) Guide the classification of grades and ranks for managers of state-owned enterprises, officers, professional military personnel, and armed forces personnel when transferred or rotated to administrative and public service agencies;

c) Guide and inspect: the implementation of salary policies, allowances, living expenses, and bonuses for state cadres, civil servants, public officials, armed forces, and contractual workers in administrative agencies and public institutions; the promotion of salary grades for cadres, civil servants, and public officials according to the law; the assignment of salary coefficients when appointing the rank of Senior Specialist and equivalent for state cadres, civil servants, and public officials;

d) Serve as the permanent member of the Steering Committee for researching and implementing reforms in the national salary policy;

12. On associations and non-governmental organizations:

a) Assist the Government in uniformly managing non-governmental organizations and associations;

b) Guide the implementation of Government regulations on: procedures and formalities for establishment; division, separation; merger; consolidation; dissolution; approval of charters and issuance of permits for domestic associations and non-governmental organizations;

c) Decide on matters concerning: permission for establishment; division, separation; merger, consolidation; dissolution; approval of charters and issuance of permits for associations and non-governmental organizations with nationwide or inter-provincial activities as stipulated by law;

d) Guide and inspect the implementation of laws and regulations regarding associations and non-governmental organizations; the implementation of charters for associations and non-governmental organizations as stipulated by law;

13. On commendation and rewards:

a) Guide the implementation of State and Government regulations on organization of commendation campaigns, titles, and standards for commendation titles; forms, subjects, standards for rewards; authorities for decision-making, granting, procedures, and application forms for rewards; rights and obligations of individuals and groups receiving rewards; handling violations;

b) Organize and guide the implementation of competition movements and reward policies of the Party and the State; guide professional matters on competition and rewards for relevant sectors and levels.

c) Review application documents for rewards submitted by agencies and organizations for the Prime Minister's decision or for the Prime Minister to submit to the President for decision according to the law.

d) Specify the revocation of reward decisions, recovery, issuance, exchange of reward items according to the decision of the competent authority. Responsible for preparing items accompanying rewards granted by the President, Government, and Prime Minister;

đ) Mobilize funding sources and manage and use the central competition and reward fund; direct, guide, and inspect the management of competition and reward funds at various levels and sectors.

e) Perform the duty of permanent member of the Central Commendation and Reward Council;

14. Regarding religious affairs:

a) Issue regulations within its authority or take the lead and coordinate with relevant ministries, central agencies of political-social organizations, and other related organizations in advising the competent authority to issue and implement policies and laws on religion and religious work;

b) Guide professional operations on religious work for relevant sectors and levels and localities;

c) Uniformly manage the publication of publications, religious books, works, teaching materials, and purely religious cultural products of religious organizations permitted by the State to operate.

d) Guide religions to operate in accordance with the provisions of the law;

đ) Implement and guide religious organizations, believers, clergy, and religious leaders on international cooperation in the field of religion as stipulated by law; serve as the liaison point with domestic and international religious organizations;

15. Regarding state management of official records and archives:

a) Develop projects and programs on collecting, gathering, organizing, protecting, preserving, insuring, utilizing, and exploiting archival materials and organize their implementation after approval by the competent authority;

b) Guide and inspect state agencies in implementing regulations on document management and archiving;

c) Implement professional procedures on collecting, gathering, supplementing archival materials, protecting, preserving, insuring archival materials; organize declassification, publication, introduction, exhibition, display, and organize services for the exploitation and utilization of archival materials preserved at National Archives Centers;

d) Uniformly manage statistics on document management and archiving throughout the country;

đ) Archive digital information in state agencies;

16. Regarding administrative reform of state administration:

a) Develop programs, plans, and general projects on administrative reform at each stage to submit to competent authorities for decision; serve as the permanent body for the government's administrative reform work;

b) Advise and propose policies and solutions to promote administrative reform to be decided by the Government and the Prime Minister;

c) Take the lead in implementing contents of organizational reform of the administrative apparatus, civil service, and public service;

d) Guide ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government to develop annual administrative reform plans and budgets;

đ) Review tasks in annual budget estimates on administrative reform of ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government regarding objectives and content to be submitted to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and submission to the Prime Minister for approval in the annual state budget estimates of these agencies;

e) Appraise pilot administrative reform projects developed by ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government and submit them to the Prime Minister;

g) Guide ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government to develop quarterly, semi-annual, and annual administrative reform reports;

h) Prepare quarterly, semi-annual, and annual administrative reform reports to be presented at government meetings;

i) Develop, issue, and guide the implementation of a set of indices for monitoring and evaluating administrative reform at ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government;

k) Lead the development and implementation of methods to measure the satisfaction of individuals and organizations with administrative services provided by state administrative agencies;

l) Organize training and instruction for specialized civil servants responsible for administrative reform work at Ministries, agencies equivalent to Ministries, agencies under the Government, provincial People's Committees, and centrally governed city People's Committees.

m) Take the lead in organizing propaganda on administrative reform;

17. Regarding the implementation of democratic regulations at grassroots levels:

Guide and inspect the implementation of democratic regulations at communes, wards, towns, and administrative agencies, public service units of the State, and state-owned enterprises according to the provisions of the law.

18. Regarding international cooperation:

a) Guide the implementation of the Government's and Prime Minister's regulations on organizing international conferences and seminars related to the fields of state management of the Ministry; compile and report periodically on international conferences and seminars related to the fields of state management of the Ministry;

b) Manage and organize international cooperation within the scope of state management of the Ministry according to the regulations of the Government;

c) Coordinate with other Ministries, sectors, and localities regarding the organization of national-level international conferences and seminars and conferences and seminars chaired by the Prime Minister and Deputy Prime Ministers related to the contents and fields of state management of the Ministry of Home Affairs;

d) Lead and coordinate with relevant agencies in cooperation on civil service matters with ASEAN countries;

19. State management over youth work:

a) Take the lead in guiding and inspecting the implementation of legal normative documents, strategies, programs for youth development, and youth work;

b) Guide the integration of mechanisms and policies for youth into planning, programs, and target schemes at various levels and sectors;

c) Summarize, review, and report to the Government and the Prime Minister on the implementation of legal provisions concerning youth;

20. Implement public services within the scope of state management of the Ministry according to the provisions of the law.

21. Inspect, check complaints, denunciations, prevent corruption and malpractice, and handle violations of the law in the fields under the Ministry's state management; inspect the performance of duties and powers of civil servants according to the Civil Servants Law; inspect the recruitment, employment, and management of civil servants according to the Civil Servant Law and other relevant regulations; inspect the recruitment, appointment, training, retraining, transfer, rotation, special assignment, dismissal, evaluation, retirement, commendation, disciplinary action, ethics, and communication culture in the performance of official duties of civil servants under the Ministry of Home Affairs' state management; coordinate with the Ministry of Finance to inspect the implementation of conditions ensuring official activities.

22. Take the lead and coordinate with other Ministries and sectors to resolve recommendations from state agencies and political-social organizations as assigned by the Government and Prime Minister.

23. Guide and inspect the permission for agencies and organizations to use seals and the management and use of seals in accordance with the law;

24. Organize and direct the implementation of scientific research plans and the application of scientific research in the fields of state management of the Ministry.

25. Organize and direct the application of technology and information data in the fields of state management of the Ministry.

26. Manage organizational structure, civil servant staffing, number of civil servants; administrative reform; decide on appointments, reappointments, transfers, rotations, resignations, dismissals, commendations, disciplinary actions, retirements, and direct the implementation of salary systems and incentive policies for civil servants under the Ministry's management according to the provisions of the law; train and instruct on professional skills for civil servants under the Ministry's management.

27. Manage financial resources and assets assigned, and organize the implementation of the budget allocated according to legal provisions.

28. Perform other tasks and powers delegated by the Government and the Prime Minister and as stipulated by the law.

Article 3. Organizational Structure

1. Department of Organization and Staffing.

2. Department of Local Administration.

3. Department of Civil Servants - Officials.

4. Department of Training and Retraining of Civil Servants.

5. Salary Department;

6. Non-Governmental Organizations Department;

7. Administrative Reform Department;

8. Department of International Cooperation.

9. Legal Affairs Department.

10. Planning and Finance Department.

11. General Department;

12. Youth Work Department;

13. Cadre and Civil Servant Organization Department;

14. Ministry Inspectorate.

15. Office of the Ministry (with a representative office in Ho Chi Minh City and Da Nang City).

16. Central Committee for Mobilization and Commendation.

17. Government Committee for Religion.

18. National Archives and Records Administration.

19. National Academy of Public Administration;

20. Institute of State Organization Science;

21. Hanoi University of Public Administration.

22. Journal of State Organization.

23. Information Center.

24. School for Training and Retraining of Civil Servants.

In this Article, units specified from Clause 1 to Clause 18 are administrative units assisting the Minister in performing state management functions; units specified from Clause 19 to Clause 24 are public service units serving the state management functions of the Ministry.

The Minister of Home Affairs shall submit to the Prime Minister for issuance decisions defining the functions, tasks, authorities, and organizational structures of the Central Committee for Mobilization and Commendation, the Government Committee for Religion, the National Academy of Administration, and issue a list of other public service units currently under the Ministry.

The Minister of Home Affairs shall define the functions, tasks, authorities, and organizational structures of subordinate units of the Ministry, except for the units specified in Clauses 16, 17, and 19 of this Article.

The Department of Organization and Staffing shall be organized into two divisions, the Department of Local Administration shall be organized into four divisions, the Department of Civil Servants and Civil Servants Management shall be organized into one division, the Department of Planning and Finance shall be organized into three divisions, the Inspectorate of the Ministry shall be organized into three divisions, and the Office of the Ministry shall be organized into nine divisions, including representatives of the Office of the Ministry in Ho Chi Minh City and Da Nang City.

Article 4. Transitional Provisions

The National Academy of Administration continues to operate according to current regulations until the Prime Minister issues a decision defining the functions, tasks, authorities, and organizational structure of this unit.

Article 5. Effective date

1. This Decree takes effect from August 5, 2014.

2. This Decree replaces Decree No. 61/2012/NĐ-CP dated August 10, 2012 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs; abolishes previous regulations that conflict with this Decree.

Article 6. Responsibility for Implementation

The Minister of Home Affairs, Ministers, Heads of agencies equivalent to Ministries, Heads of agencies under the Government, Chairmen of provincial People's Committees, and centrally governed city People's Committees are responsible for implementing this Decree./.