Decree No. 63/2022/ND-CP stipulates the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

DECREE

Article 1 provides for the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, and powers of ministries and ministerial-level agencies;

||| Based on the proposal 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, performing state management functions over sectors and fields such as administrative organization, public service organizations; local administration, administrative unit boundaries; civil servants, public officials, and public service; associations, non-governmental organizations; commendation and reward; beliefs and religions; state archives and records; youth, and state management over public services under the sector and field management of the ministry according to the provisions of the 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 powers as prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP, and carries out specific tasks and powers as follows:

1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft joint resolutions between the Government and the Central Committee of the Vietnam Fatherland Front, draft decrees of the Government, and draft resolutions of the Standing Committee of the National Assembly according to the annual legislative program of the ministry approved and other projects, programs, and resolutions assigned by the Government and Prime Minister; submitting to the Government and Prime Minister strategies, plans, and long-term, medium-term, and annual development plans, and important national projects and works within the scope of the ministry's state management.

2. Submitting to the Prime Minister draft decisions, directives, and other documents within the scope of the ministry's state management or as assigned. Implementing tasks and powers delegated by the Prime Minister.

3. Issuing circulars, decisions, directives, and other documents within the scope of its state management.

4. Directing, guiding, inspecting, and being responsible for organizing the implementation of legal normative documents, strategies, plans, and important national projects and programs already issued or approved within the scope of the ministry's state management; disseminating information, promoting, and educating the law within the scope of the ministry's state management.

5. On administrative organization and public institutions:

a) Submitting to the Government proposals on 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, dissolving ministries, ministerial-level agencies, and government agencies; draft decrees stipulating the organization of specialized agencies under provincial People's Committees (commonly referred to as provincial level), district-level People's Committees, town-level People's Committees, and district-level People's Committees under provincial cities (commonly referred to as district level);

b) Reviewing draft decrees of the Government stipulating the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies; draft decisions of the Prime Minister stipulating the functions, tasks, powers, and organizational structures of general directorates and equivalent organizations under ministries and ministerial-level agencies; proposals and draft decisions of the Prime Minister on the establishment, restructuring, and dissolution of administrative and public service organizations and inter-ministerial advisory and coordination organizations proposed by ministries, ministerial-level agencies, government agencies, and provincial People's Committees to the Prime Minister;

c) Taking the lead in coordinating with the Government Office and ministries, ministerial-level agencies, and government agencies in reviewing final drafts of decrees of the Government stipulating the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies before submission to the Prime Minister for signature and issuance;

d) Guiding the review of the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies; compiling and reporting to the Government for decision-making on adjustments to the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies;

đ) Guiding the ranking of administrative organizations and public institutions according to the provisions of the law.

6. On local administration:

a) Advising and assisting the Government and Prime Minister in directing the implementation of elections for National Assembly deputies and People's Council representatives at all levels; guiding and urging local People's Committees to implement legal provisions on elections, guidelines of the National Election Council, and central agencies; reporting to the Government and Prime Minister according to regulations on elections;

b) Assisting the Government and Prime Minister in guiding and inspecting the activities of People's Councils; directing, guiding, and inspecting the activities of People's Committees according to the law; participating in meetings of People's Councils and provincial People's Committees when necessary regarding the construction of local administration and management of administrative unit boundaries;

c) Reviewing and submitting to the Prime Minister files for approval of election results, removal from office, and dismissal of Chairpersons and Deputy Chairpersons of provincial People's Committees; proposing the transfer or removal from office of Chairpersons and Deputy Chairpersons of provincial People's Committees and assigning the authority of Chairpersons of provincial People's Committees;

d) Submitting to the Government and Prime Minister for issuance or issuing within their authority documents stipulating village-level cadres, non-professional staff at the village level, and in hamlets and residential wards; guiding the organization and operation of hamlets and residential wards;

đ) Submitting to the Prime Minister for issuance of documents stipulating criteria, conditions, procedures, and formalities for recognizing island communes, safe area communes, and safe area regions; taking the lead in coordinating with relevant ministries and agencies in reviewing and submitting to the Prime Minister for recognition of island communes, safe area communes, and safe area regions.

7. On administrative boundaries and classification of administrative units:

a) Submitting to the Government for submission to the Standing Committee of the National Assembly for issuance of documents stipulating standards for administrative units, classification of administrative units, naming, and renaming administrative units;

b) Submit to the Government for submission to the National Assembly and the Standing Committee of the National Assembly for consideration and decision on the establishment, dissolution, merger, division, adjustment of administrative unit boundaries; naming, renaming, and resolution of boundary disputes at all levels;

c) Submit to the Government, the Prime Minister for issuance or issue according to their authority regulations concerning principles, files, procedures for determining administrative unit boundaries and establishing, managing administrative boundary files at all levels;

d) Submit to the Prime Minister for decision on the establishment of the review board for the establishment, dissolution, merger, division, adjustment of provincial administrative unit boundaries; take the lead and coordinate with relevant ministries and agencies to review and submit to the Prime Minister for decision on classifying provincial administrative units;

đ) Take the lead and coordinate with relevant ministries and agencies to organize reviews of files for the establishment, dissolution, merger, division, adjustment of district and commune administrative unit boundaries; decide on classifying district administrative units;

e) Guide and inspect the People's Committees at the provincial level and the Provincial Departments of Home Affairs in implementing legal provisions regarding the establishment, dissolution, merger, division, adjustment of administrative unit boundaries; naming, renaming, and resolution of boundary disputes at all levels; classification of administrative units;

8. On personnel management:

a) Submit to the Prime Minister for approval of the total quota of civil servants, the quota of civil servants working abroad of administrative agencies and organizations and the quota of associations assigned tasks by the Party and State at the central level as prescribed by law and authorized agencies;

b) Submit to the Prime Minister and competent authorities for decision on adjusting and supplementing the number of civil service positions for administrative agencies and associations in accordance with the law and competent authorities;

c) Decide on allocating, adjusting, supplementing the quota of civil servants for each administrative agency and organization and association assigned tasks by the Party and State at the central level as prescribed by law and authorized agencies;

d) Decide on allocating civil service positions for work abroad for ministries, agencies equivalent to ministries, and government agencies after approval by competent authorities and the Prime Minister;

đ) Review the plan for the number of personnel working with state budget salaries in public service units self-financing part of regular expenses and public service units fully financed by the state budget as prescribed by law and authorized agencies;

9. On cadres, civil servants, officials, and public service:

a) Uniformly manage the code of civil servant ranks, the code of vocational positions of officials; stipulate professional standards for civil servant ranks, vocational position standards for officials in specialized fields under the management of the Ministry of Home Affairs;

b) Guide and inspect the determination of the structure of civil servant ranks, job positions in state agencies;

c) Review the criteria, conditions, procedures, processes, and personnel files for leadership and management positions within the authority of the Prime Minister to decide, approve according to the law;

d) Guide and inspect the implementation of legal provisions on recruitment, placement, utilization of civil servants and officials based on job positions, appointment of ranks, vocational positions, organizing examinations or assessments for promotion of civil servant ranks, changing vocational positions of officials, evaluation, ranking quality of cadres, civil servants, officials, standards for positions, appointments, reappointments, transfers, rotations, secondments, resignations, dismissals, termination of employment, retirement of cadres, civil servants, officials, and other management contents for cadres, civil servants, officials as prescribed by law;

đ) Guide and inspect the implementation of government regulations on cadre planning, creating sources of female cadres, female ratios for appointment to positions in state agencies; collect and compile national statistics on female cadre work;

e) Develop, guide, and manage national data on the cadre, civil servant, official workforce (including cadres, civil servants, and non-professional staff at the commune level, village, and residential ward level); guide the establishment and management of cadre, civil servant, official files; civil servant and official cards;

10. On training and development of cadres, civil servants, and officials:

a) Develop, issue, and manage programs for enhancing knowledge and skills in state administration according to civil servant rank standards; programs for enhancing according to leadership and management job position requirements; programs for enhancing according to vocational position standards for officials in the Home Affairs specialty; programs for enhancing according to professional job position requirements in the Home Affairs sector;

b) Develop, issue, guide, and inspect the implementation of plans for training and development of cadres, civil servants, and officials funded by the state budget according to authority;

c) Monitor and compile results of training and development of cadres, civil servants, and officials of ministries, agencies equivalent to ministries, government agencies, central-level political-social organizations, provincial People's Committees;

11. On salary policy:

a) Guide and inspect the implementation of legal provisions on salary policies, allowances, living expenses, bonuses for cadres, civil servants, officials from the central to commune levels and contractual workers in state agencies, public service units;

b) Study and advise competent authorities on implementing reforms in state salary policies;

12. On associations and non-governmental organizations:

a) Assist the Government in uniformly managing state administration over associations, social funds, charitable funds, and domestic non-governmental organizations and Red Cross activities in accordance with the law;

b) Review and submit to the Prime Minister for approval of charters of associations with Party cells assigned tasks by the Party and State;

c) Resolve according to authority and legal provisions regarding procedures related to associations, social funds, charitable funds, and non-governmental organizations;

d) Guide and inspect the implementation of legal provisions on associations, social funds, charitable funds, non-governmental organizations;

đ) Reward or propose competent authorities to reward organizations and individuals with achievements in organizing and operating associations, social funds, charitable funds, and non-governmental organizations;

13. On commendation and rewards:

a) Assist the Government in unified state management of commendation and rewards in accordance with legal provisions;

b) Guide and inspect the implementation of legal provisions on organizing commendation movements, honorary titles and criteria for honorary titles; forms, subjects, criteria for rewards; decision-making authority, presentation, procedures, and application files for rewards; rights and obligations of individuals and groups receiving honorary titles and rewards; handling violations related to commendation and rewards;

c) Organize, guide, and inspect the implementation of commendation movements and reward policies of the Party and State;

d) Review reward application files, submit to the Prime Minister for decision or submit to the Prime Minister for recommendation to the President for decision on rewards in accordance with legal provisions;

đ) Prepare physical items accompanying honorary titles and reward forms of the President, Government, and Prime Minister. Implement the distribution, replacement, and reissue of reward physical items according to decisions of competent authorities;

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

g) Serve as the standing member of the Central Commendation-Reward Council.

14. On beliefs and religions:

a) Assist the Government in unified state management over beliefs and religions according to the provisions of the law.

b) Serve as the liaison point with domestic and international religious organizations, religious diplomacy, and human rights struggles;

c) Implement and guide communities of beliefs, religious organizations, and individuals to operate in accordance with the provisions of the law;

d) Uniformly manage the publication of publications, religious books, works, teaching materials, and purely belief and religious cultural products of communities of beliefs and religious organizations permitted by the State to operate;

đ) Reward or propose competent authorities to reward and apply policies for organizations and individuals participating in belief and religious activities;

15. Regarding official documents and state archives:

a) Assist the Government in uniformly managing state affairs concerning official documents and state archives in accordance with the provisions of the law;

b) Manage the National Archive Repository's documents and archive business operations;

c) Guide and inspect archival service activities; issue technical standards and economic-technical norms on official documents and archives;

d) Establish and manage the national database of electronic archival documents;

16. Regarding administrative reform of state administration:

a) Submit to the competent authority for decision on programs, plans, and projects on administrative reform in the state for each stage. Serve as the permanent body for administrative reform under the Government;

b) Submit to the Government and the Prime Minister for decision on policies and measures to accelerate administrative reform in the state;

c) Review pilot administrative reform projects submitted by ministries, agencies equivalent to ministries, government agencies, and provincial People's Committees to the Prime Minister;

d) Take the lead in implementing organizational restructuring of the civil service and administrative reform; publicize administrative reform. Lead in building quarterly, six-monthly, and annual administrative reform reports to be submitted to the Government at its sessions;

đ) Develop, issue, and guide methods for monitoring, evaluating, and determining administrative reform indices for ministries, agencies at the ministerial level, and provincial People's Committees; methods for measuring satisfaction of citizens and organizations with public services provided by administrative agencies;

e) Organize the implementation, determine, and announce annual administrative reform indices for ministries, agencies at the ministerial level, and provincial People's Committees; satisfaction indices of citizens and organizations with public services provided by administrative agencies;

g) Guide ministries, agencies at the ministerial level, government agencies, and provincial People's Committees in developing, implementing plans, and reporting on administrative reform work in accordance with regulations;

17. Regarding democratic work and mass mobilization:

a) Build and submit to competent authorities for issuance or issue according to authority and guide the implementation of grassroots democracy in accordance with legal provisions;

b) Guide the implementation of mass mobilization work of administrative state agencies and local governments in accordance with Party and legal regulations.

18. Regarding international cooperation:

a) Manage and organize the implementation of international cooperation in sectors and fields under the scope of state management of the ministry in accordance with the provisions of the law;

b) Take the lead and coordinate with relevant agencies to implement cooperation with ASEAN countries in the field of civil service and officials;

c) Organize negotiations and sign international treaties according to the authorization of competent state agencies; sign and organize the implementation of international agreements on behalf of the ministry in accordance with the law; participate in international organizations as assigned by the Government;

19. State management over youth affairs:

a) Guide the integration of youth policy targets and objectives when formulating economic and social development policies, strategies, programs, and plans of sectors and fields;

b) Guide ministries and sectors to integrate statistical indicators on Vietnamese youth into their respective indicator systems;

c) Take the lead and coordinate with ministries, agencies at the level of ministries, government agencies, and the Central Youth Union of Ho Chi Minh Communist Youth to formulate and implement policies and laws concerning youth.

20. Implement public services in sectors and fields under the scope of state management of the ministry in accordance with the provisions of the law;

21. Train, enhance, and conduct professional training and guidance in sectors and fields under the scope of state management of the ministry and in accordance with the provisions of the law;

22. Inspect and supervise the implementation of functions, tasks, powers, and the implementation of policies and laws under the scope of state management of the ministry in accordance with the provisions of the law. Implement anti-corruption, anti-criminality measures; prevent crime; receive citizens; resolve complaints, denunciations, suggestions, and reflections on issues under the scope of state management of the ministry in accordance with the provisions of the law;

23. Take the lead and coordinate with other ministries and sectors to resolve recommendations from agencies, organizations, and units as assigned by the Government and Prime Minister;

24. Organize and direct the implementation of scientific research and application of research results; information and communication; application of technology and data; digital transformation and specialized data management to serve the state management function of the ministry;

25. Manage organizational structure; job positions, civil servant quotas, and occupational grade structures; job positions, number of employees, and occupational staff structures by job titles; number of laborers under labor contracts of the Ministry of Home Affairs. Implement administrative reform; decide and delegate authority to recruit, use, and manage cadres, civil servants, staff, and laborers under the Ministry of Home Affairs in accordance with Party and legal regulations; decide on the allocation of civil servant quotas for dedicated party and mass organization work; train, enhance, conduct professional training, and implement other policies for cadres, civil servants, staff, and laborers under the Ministry of Home Affairs' jurisdiction;

26. Manage finances and assets allocated and organize the implementation of the budget allocated in accordance with the provisions of the law;

27. Aggregate, statistically analyze, summarize, evaluate, and report to the Government, Prime Minister, and competent authorities on the situation and results of the implementation of state management tasks of the Ministry in accordance with the provisions of the law or as assigned by competent authorities;

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

Article 3. Organizational Structure

1. Department of Organization - Staffing.

2. Department of Local Administration.

3. Department of Civil Servants - Officials.

4. Department of Salary;

5. Department of Non-Governmental Organizations;

6. Department of Administrative Reform;

7. Department of International Cooperation.

8. Legal Affairs Department.

9. Department of Planning and Finance;

10. Department of Youth Work;

11. Department of Organization and Cadre Management.

12. Inspectorate of the Ministry.

13. Office of the Ministry.

14. National Archives and Records Administration;

15. Central Steering Committee for Commendation and Awards;

16. Government Office of Religion;

17. National Academy of Public Administration;

18. Institute of State Organization Science;

19. State Organization Journal;

20. Information Center;

In this Article, units specified from Clause 1 to Clause 16 are administrative organizations assisting the Minister in performing state management functions; units specified from Clause 17 to Clause 20 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 of a Decision specifying the functions, tasks, powers, and organizational structure of the National Academy of Public Administration and the list of other existing public service units under the Ministry;

The Minister of Home Affairs shall issue a Decision specifying the functions, tasks, powers, and organizational structure of units under the Ministry, except for the unit specified in Clause 17 of this Article;

Article 4. Transitional Provisions

1. Hanoi Internal Affairs University continues to perform its functions, tasks, and powers until the Prime Minister issues a Decision specifying the functions, tasks, powers, and organizational structure of the National Academy of Public Administration.

2. The Central Awards and Honors Board and the Governmental Religious Board shall continue to perform their functions, duties, and powers until the Minister of Home Affairs issues a Decision stipulating the functions, duties, powers, and organizational structure of the unit.

3. The Cadre Training and Capacity Building Department and the General Synthesis Department shall continue to perform their functions, duties, and powers until the Minister of Home Affairs completes the transfer of functions and duties and personnel arrangement of the unit according to the Reorganization Project of Departments under the Ministry of Home Affairs attached to the Proposal No. 3500/TTr-BNV dated July 26, 2022.

Article 5. Effective Date

1. This Decree takes effect from September 15, 2022.

2. This Decree replaces Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, duties, powers, and organizational structure of the Ministry of Home Affairs.

Article 6. Responsibility for Implementation

The Minister of Home Affairs, Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.