Decree No. 86/2002/ND-CP on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies.

DECREE OF THE GOVERNMENT

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

___________________________

THE GOVERNMENT

Based on the Constitution of 1992 and Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly on amending and supplementing certain articles of the Constitution of the Socialist Republic of Vietnam in 1992;

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

Based on Resolution No. 10/2002/NQ-CP dated September 6, 2002 of the Government's regular meeting in August 2002;

At the request of the Minister of Home Affairs,

DECREE:

PART I

General Provisions

Article 1. Scope and regulated subjects

This Decree stipulates the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; working systems and responsibilities of Ministers and Heads of ministerial-level agencies.

Article 2. Position and Functions

Ministries and ministerial-level agencies (hereinafter referred to as Ministries) are organs of the Government, performing state management functions for sectors or fields of work nationwide; managing state services within their sectors or fields; implementing representation of state ownership in enterprises with state capital according to the provisions of the law. The Minister, Head of a ministerial-level agency

Article 3. The Minister, Head of an agency at the ministerial level

The Minister, Head of a ministerial-level agency (hereinafter collectively referred to as the Minister) is a member of the Government, the head and leader of a Ministry; responsible before the Prime Minister and the National Assembly for state management of the sector or field nationwide; performs tasks and exercises powers as prescribed in Articles 6, 23, 24, 25, 26, 27, and 28 of the Law on the Organization of the Government in 2001 and specific provisions in this Decree.

Deputy Ministers, Deputy Heads of ministerial-level agencies (hereinafter collectively referred to as Deputy Ministers) assist the Minister, assigned by the Minister to direct certain aspects of work and are responsible to the Minister for the tasks assigned. When the Minister is absent, a Deputy Minister is authorized by the Minister to lead the work of the Ministry.

The number of Deputy Ministers in each Ministry shall not exceed four people. In special cases, it is decided by the Prime Minister.

Chapter II

TASKS AND POWERS OF THE MINISTRY AND THE MINISTER

Article 4. On laws

1. Propose to the Government the program for drafting laws and ordinances; resolutions and decrees of the Government annually according to the needs of state management of the Ministry; be responsible for implementing the program according to the approved plan and other projects assigned by the Government;

2. Propose to the Prime Minister to issue decisions and directives of the Prime Minister;

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

4. Direct and organize the dissemination, education, and popularization of regulatory legal documents within the scope of state management of the Ministry;

5. Inspect regulatory legal documents issued by Ministries, People's Councils, Provincial People's Committees, and municipal-level People's Committees directly under the Central Government; identify regulations issued by these agencies that exceed their authority or contravene regulatory legal documents concerning the sector or field managed by the Ministry, and handle them according to Clauses 3, 4, and 5 of Article 13 of this Decree.

Article 5. On strategies, plans, and programs

1. Propose to the Government strategies, development plans, long-term, five-year, and annual plans, and important projects within the sector or field;

2. Publicize strategies, development plans, and programs after approval (except matters classified as state secrets); organize direction and guidance for their implementation;

3. Perform economic and social tasks, national defense and security related to the sector or field under state management of the Ministry;

4. Review within the scope of state management of the Ministry the contents of pre-feasibility study reports and feasibility study reports, programs, projects, and proposals within the sector or field of the Ministry; be responsible for the contents of these reports and projects carried out by agencies and organizations of the Ministry; approve and decide on investment in projects within the Ministry’s jurisdiction according to the provisions of the law.

Article 6. On International Cooperation

1. Submit to the Government for negotiation, signing, and accession to international treaties on behalf of the State, on behalf of the Government in the fields under the management of the Ministry;

2. Organize the implementation of international treaties that have been signed or acceded to in the fields under the management of the Ministry;

3. Submit to the Government for signing, accession, and approval of international treaties and policies, measures to expand relations with foreign countries, territories, and international organizations within the scope of management of the Ministry;

4. Direct and organize the implementation of international treaties and implement policies and measures approved by the Prime Minister;

5. Participate in international organizations according to the division of labor by the Government;

6. Implement international cooperation in accordance with the provisions of the law in the fields under the management of the Ministry; permit subordinate units and foreign agencies and organizations authorized by central agencies to hold international conferences and seminars related to the fields under the management of the Ministry;

7. Inspect the implementation of international programs and projects funded in the fields under the responsibility of the Ministry; direct and organize the implementation of international programs and projects funded by the Ministry.

Article 7. On Administrative Reform

1. Decide and direct the implementation of the administrative reform program of the Ministry in accordance with the goals and content of the overall administrative reform program approved by the Prime Minister;

2. Submit to the Government for approval of the proposal to decentralize tasks of state management of the Ministry to local People's Committees and improve institutional mechanisms for economic and social management in the fields under the management of the Ministry;

3. Decide and direct the implementation of simplification and modernization of administrative procedures within the scope of management of the Ministry.

Article 8. On Representing State Ownership in State-owned Enterprises

The Ministry represents state ownership in state-owned enterprises in accordance with the provisions of the law.

Article 9. On Management of Organizations Providing Public Services in the Fields Under State Management

1. Submit to the Government for issuance of mechanisms and policies to encourage the development of public services;

2. Submit to the Prime Minister for issuance of conditions and standards for establishing organizations providing public services;

3. Issue economic and technical norms for public services within its authority;

4. Guide and create conditions for organizations providing public services to operate in accordance with the law.

Article 10. On Management of Economic Organizations 1. Submit to the Government for issuance of mechanisms and policies to encourage, support, and guide the development of collective and private economies in the fields under the management of the Ministry;

2. Guide the implementation of mechanisms and policies to encourage, support, and guide the development of collective and private economies in the fields under the management of the Ministry after approval by the Government;

3. Submit to the Prime Minister for issuance of model regulations for collective economic organizations in the fields under the management of the Ministry; provide guidance on organization and operation for cooperatives;

4. Guide the application and transfer of science and technology; provide information, marketing, and trade promotion support for collective and private economic organizations;

5. Develop training and capacity-building systems for managers in collective and private economic organizations;

6. Direct the summary of practical experience and the expansion of effective economic models.

On Management of Activities of Associations and Non-Governmental Organizations in the Fields of Operation Nationwide or Inter-Provincial

Article 11. 1. The Ministry manages the fields and sectors with the following duties and powers:

a. Guide and create conditions for associations and non-governmental organizations to participate in activities in the fields and sectors under the management of the Ministry in accordance with the law; organize the collection of opinions from associations and non-governmental organizations to perfect regulatory management in these fields and sectors;

b. Inspect the implementation of state regulations in the fields and sectors by associations and non-governmental organizations; handle or recommend competent authorities to handle violations of the law by associations and non-governmental organizations in accordance with the law.

2. The Ministry of Home Affairs has the following duties and powers:

a. Submit to the Government for the promulgation of regulations on procedures and formalities for establishment, dissolution, and approval of charters of associations and non-governmental organizations;

b. Decide on the establishment, dissolution, and approval of charters of associations and non-governmental organizations;

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

On Organization Structure and Civil Servants of the State

Article 12. 1. Submit to the Government for issuance of decrees stipulating the functions, tasks, powers, and organizational structure of the Ministry;

2. Submit to the Government for decisions on the establishment, restructuring, and dissolution of General Departments under the Ministry;

3. Submit to the Prime Minister for decisions on the establishment, restructuring, and dissolution of Departments, Bureaus, Inspection Departments, and affiliated organizations under the Ministry and stipulate the functions, tasks, and organizational structures of General Departments under the Ministry;

4. Decide on the establishment of other affiliated organizations not within the authority of the Government or the Prime Minister in accordance with the law;

5. Submit to the Prime Minister for appointment

removal, dismissal of Deputy Ministers, General Department Directors of General Departments under the Ministry, Heads of the Inspection Department of the Ministry; 6. Appoint, remove, and discipline Deputy General Department Directors, Bureau Directors, Deputy Bureau Directors, Department Directors, Deputy Department Directors, Heads of Offices, Deputy Heads of Offices, Deputy Heads of the Inspection Department of the Ministry, heads and deputies of affiliated organizations under the Ministry; stipulate the authority and responsibilities of heads of organizations under the Ministry's structure; appoint the aforementioned positions for a term of five years, after which they will be reappointed in accordance with the law;

7. Stipulate specific functions, tasks, powers, organizational structures of Departments, Inspection Departments, Office of Bureaus, affiliated organizations, and working relationships between each organization; stipulate the authority and responsibilities of heads of organizations within the Ministry's structure; develop plans and direct the implementation of the completion of the organizational structure of the Ministry

In cases where specialized laws stipulate, submit to the Government for regulations on the functions and tasks of the Inspection Department of the Ministry;

In cases where specialized laws or ordinances provide for it, submit to the Government for approval the regulations on the functions and tasks of the Ministry's Inspectorate;

8. Decide and organize the implementation of specific measures to strengthen discipline and administrative regulations among civil servants under the Ministry, combat corruption, waste, and all manifestations of bureaucracy, arrogance, and abuse of power within the sector and field overseen by the Ministry;

9. Organize the implementation of training, development, recruitment, utilization, transfer, retirement, salary system, rewards, disciplinary actions, and other systems for cadres, civil servants, and employees under the management of the Ministry in accordance with the provisions of the law;

10. Issue or coordinate in issuing professional standards for the heads of specialized agencies under provincial People's Committees and centrally-run city People's Committees;

11. Develop plans for training and development in professional fields for cadres and civil servants within the national administration sector managed by the Ministry;

Article 13. Regarding inspection and supervision

1. Guide, inspect Ministries, government agencies, People's Committees at all levels, economic organizations, social organizations, military units, citizens, and foreigners in Vietnam in the implementation of state laws and regulatory legal documents concerning the sectors and fields issued by the Ministry;

2. Inspect Ministries, government agencies, and direct, guide, and inspect People's Committees at all levels in the implementation of tasks and work within the sectors and fields of the Ministry;

3. Inspect, supervise, and recommend to the Minister managing other sectors and fields to suspend the enforcement or amend and revoke regulations issued by that Ministry that contravene regulatory legal documents concerning the sectors and fields overseen by the Ministry; if the recipient of the recommendation does not agree, report to the Prime Minister for decision;

4. Inspect, supervise, suspend the enforcement, and recommend to the Prime Minister to revoke regulations of People's Committees and their Chairmen at centrally-run provinces and cities that contravene regulatory legal documents concerning the sectors and fields overseen by the Ministry and bear responsibility for the suspension decision. In case the People's Committee of a centrally-run province or city disagrees with the suspension decision, they must still comply but have the right to recommend to the Prime Minister;

5. Inspect and recommend to the Prime Minister to suspend the enforcement of resolutions of provincial and centrally-run city People's Councils that contravene regulatory legal documents concerning the sectors and fields overseen by the Ministry;

6. Resolve complaints and denunciations of citizens and organizations regarding their visits to present complaints, denunciations, recommendations, and reflections related to the sectors and fields managed by the Ministry according to the provisions of the law;

Article 14. Regarding financial management, finance rights

1. Submit the annual budget estimate of the Ministry to the Government;

2. For the part of the financial plan directly managed and implemented by the Ministry after approval: The Minister decides on allocation, monitors expenditure, bears responsibility for settlement, and has the authority to adjust details within the approved total revenue and expenditure ceiling to fulfill assigned tasks without changing the approved plan objectives;

3. For the part of the financial plan managed by other Ministries and localities to implement approved objectives and programs within the sectors and fields managed by the Ministry: The Minister is responsible for monitoring the implementation of approved objectives and programs and coordinates with the Ministry of Finance and the Ministry of Planning and Investment to adjust details within the approved financial plan to ensure the achievement of set objectives and programs;

4. Implement financial and accounting management in accordance with the provisions of the law;

5. Manage and use state assets entrusted to the Ministry effectively.

Chapter III

ORGANIZATIONAL STRUCTURE OF THE MINISTRY

Article 15. The organizational structure of the Ministry includes:

1. Departments, Inspectorate of the Ministry, Office of the Ministry;

2. Bureaus, General Departments (not necessarily all Ministries have them);

3. Public service organizations.

The number of deputy heads for the heads of Departments, Inspectorate of the Ministry, Office of the Ministry, Bureaus, General Departments, and public service organizations under the Ministry shall not exceed three persons.

Article 16. Departments

1. Departments are organized to assist the Minister in managing state administration in the industry or field, with each Department being assigned multiple tasks but not vice versa;

2. Departments do not have divisions nor their own seals.

In cases where it is necessary to establish divisions within Departments, the Government will specify this in the Decree on the functions, duties, powers, and organizational structure of the Ministry.

Article 17. April 2014

1. The Office of the Ministry has the function of assisting the Minister in synthesizing and coordinating the activities of the Ministry's organizations according to work programs and plans, and implementing administrative management tasks for the Ministry's operations. 2. The main tasks of the Office of the Ministry are as follows:

a) Synthesizing and drafting regular work programs and plans for the entire Ministry; monitoring and urging the implementation of the Ministry's work programs and plans; preparing periodic and ad hoc reports on the execution of the Ministry's tasks;

b) Organizing and guiding the implementation of administrative, archival, and comprehensive commendation and reward work of the Ministry;

c) Checking the format and procedures for issuing documents of the Ministry;

d) Assisting the Minister in providing information to mass media outlets, organizations, and individuals;

đ) Ensuring discipline and order according to the office's internal regulations;

e) Managing material resources, ensuring working conditions and equipment for the Ministry's offices; managing assets and operational funds of the Ministry's offices.

In special cases requiring an organization to perform these tasks, the Government will specify this in the Decree on the functions, duties, powers, and organizational structure of the Ministry.

3. The Office of the Ministry has its own seal; the organizational structure of the Office of the Ministry may include divisions.

1. The Inspectorate of the Ministry has the function of exercising inspection rights within the scope of the Ministry's state administration as stipulated by laws on inspection.

Article 18. Inspectorate Department

2. The main tasks of the Inspectorate of the Ministry are as follows:

a) Submitting annual inspection programs and plans to the Minister; organizing their implementation after approval by the Minister;

b) Inspecting compliance with laws by state agencies, economic and social organizations, and citizens under the Ministry's jurisdiction, and handling violations according to the law;

c) Inspecting the implementation of policies and laws assigned to units and individuals within the Ministry;

d) Assisting the Minister in citizen reception work and handling complaints and petitions according to the law.

3. The Inspectorate of the Ministry has its own seal; the organizational structure of the Inspectorate of the Ministry may include divisions.

Bureaus under the Ministry

Article 19. 1. Bureaus are organized to carry out specialized state management tasks within the scope of the Ministry's state administration; Bureaus do not issue regulatory legal documents;

2. The objects managed by Bureaus are organizations and individuals engaged in activities related to the specialized field, subject to regulation by specialized laws; the scope of activities of Bureaus does not necessarily cover all provinces and centrally-administered cities;

3. Bureaus can establish divisions and subordinate units; Bureaus have their own seals and separate bank accounts.

General Departments under the Ministry

Article 20. 1. General Departments are organized to carry out large and complex specialized state management tasks directly overseen by the Ministry and managed vertically from central to local levels nationwide; General Departments do not issue regulatory legal documents;

2. The objects managed by General Departments are organizations and individuals engaged in activities related to the specialized field, subject to regulation by specialized laws;

3. The organizational structure of General Departments includes: the General Department's office, Divisions, and subordinate units. General Departments have their own seals and separate bank accounts.

3. The organizational structure of the General Department includes: the General Department’s office and provincial-level Bureaus, and district-level Sub-bureaus (if any). The General Department’s office consists of the Office, Departments, and subordinate units. The General Department has its own seal and separate account.

Article 21. State-run organizations under the Ministry

1. The establishment of state-run organizations under the Ministry to serve the state management tasks of the Ministry or to implement certain public services with important characteristics that need to be directly carried out by the Ministry;

2. State-run organizations do not have state management functions.

3. State-run organizations operate autonomously and are responsible for their organizational structure, staffing, and finances in accordance with the provisions of the law;

4. State-run organizations have their own seals and separate bank accounts.

Chapter IV

WORK REGIME AND RESPONSIBILITIES OF THE MINISTER

- Office of the President of the StateArticle 22. Work regime and responsibilities of the Minister towards the Ministry

1. The Minister works under the head-of-department system, ensuring the principle of centralization and democracy; decides on the issuance of work regulations, information systems, and reporting procedures for the Ministry and its subordinate units; directs and supervises the implementation of these regulations;

2. The Minister is responsible for preparing matters for the Government and the Prime Minister to decide on issues within the jurisdiction of the Government and the Prime Minister;

3. The Minister is responsible for the quality and content of regulatory legal documents prepared by the Ministry; for directing the implementation of strategies, development plans, programs, and work plans after they are approved by the Government and the Prime Minister; for the effectiveness of projects, programs, and proposals of the Ministry; and for the use of resources of the Ministry;

4. The Minister decides on matters within the scope of management of the Ministry and is responsible for those decisions;

5. The Minister is responsible for matters directly managed by the Ministry; bears joint responsibility for matters delegated to local authorities if the Ministry fails to fully fulfill its responsibilities in guiding, inspecting, and auditing, resulting in accidents, disasters, significant losses of state assets and people's property;

6. The Minister is responsible for exercising the right to represent the state's ownership interest in enterprises with state capital according to the provisions of the law;

7. The Minister is responsible when there are deficiencies in management and corruption, bureaucracy, causing significant damage in agencies and units under the Minister's management; 8. The Minister assigns Deputy Ministers to handle matters within the Minister's jurisdiction or delegates Deputy Ministers to work and resolve issues proposed by localities or other Ministries; the Minister must be responsible for the decisions made by the Deputy Ministers assigned or delegated to handle such matters.

Responsibilities of the Minister towards the Government and the Prime Minister

Article 23. 1. Fully perform the state management functions of the Ministry in the relevant sectors and fields;

2. Do not transfer matters within the Ministry’s jurisdiction to the Government or the Prime Minister; do not issue documents contrary to the provisions of the Government and the Prime Minister; matters exceeding the granted authority must seek the Prime Minister's opinion;

3. Collaborate with the Government collective to build institutions to be submitted to the National Assembly, the Standing Committee of the National Assembly for decision-making or for the Government to promulgate within its authority;

4. Participate fully in Government sessions, participate in deciding issues that the Government submits to the National Assembly for decision-making and issues within the Government's authority;

5. Fulfill tasks assigned by the Government and the Prime Minister;

6. The Minister is subject to the Prime Minister's inspection regarding the performance of tasks and powers delegated by the Government.

Responsibilities of the Minister towards other Ministers

Article 24. 1. Implement state management regulations within the jurisdiction of other Ministries; do not issue documents contrary to the provisions of other Ministers;

2. Lead and coordinate with other Ministries to resolve state management issues related to the functions of other Ministries; in case of differing opinions, the Minister must submit the matter to the Prime Minister for decision;

3. Matters in regulatory legal documents submitted by the Minister to the Government and the Prime Minister that relate to other Ministries must have the written opinion of the relevant Minister. Ministers asked for opinions are responsible for researching and providing written responses within ten days from receipt of the document; if the Minister does not respond, it is considered as agreement.

Responsibilities of the Minister towards Provincial People's Committees and Municipal People's Committees under Central Government

Article 25. 1. Direct the People's Committees to implement goals, programs, development plans, projects, and plans in the relevant sectors and fields that have been approved; resolve proposals and suggestions of the People's Committees in accordance with state management regulations in the relevant sectors and fields;

2. Guide and direct the People's Committees on professional and technical matters within the sectors and fields managed by the Ministry;

3. Inspect the Chairman of the People's Committee on the implementation of professional standards for heads of specialized agencies in the relevant sectors and fields under the People's Committee and require the Chairman of the People's Committee to provide written opinions on the appointment, dismissal, commendation, and disciplinary actions for heads of central organizations located in the locality.

Responsibilities of the Minister towards the agencies of the National Assembly, Members of the National Assembly, and Voters

Article 26. 1. When the Standing Committee of the National Assembly, the Ethnic Council, and the Committees of the National Assembly request the Minister to present or provide necessary documents; the Minister sends regulatory legal documents issued by the Ministry to the Ethnic Council and the Committees of the National Assembly according to the areas they oversee;

2. The Minister is responsible for responding to the Ethnic Council and the Committees of the National Assembly's recommendations within the latest fifteen days from receiving the recommendation;

3. The Minister is responsible for answering questions raised by National Assembly deputies and voter suggestions on issues within the Ministry's state management sectors and fields.

Responsibilities of the Minister towards political-social organizations in the relevant sectors and fields

Article 27. The Minister is responsible for coordinating with the leaders of trade unions and other mass organizations while performing the Ministry's tasks; create conditions for these organizations to operate and participate in building relevant systems and policies.

The Minister is responsible for coordinating with the heads of trade union organizations and other mass organizations when performing the Ministry’s tasks; creating conditions for these organizations to operate and participate in building relevant systems and policies.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Regarding General Departments under Ministries and Agencies under the Government when transferred to Ministries

To meet the goal of administrative reform and ensure the unity of the state administrative apparatus, General Departments under Ministries and Agencies under the Government when transferred to Ministries must be organized in accordance with the provisions of this Decree but with appropriate steps.

Article 29. Effective Date

This Decree takes effect fifteen days after the date of signature. The Government's Decree No. 15/CP dated March 2, 1993 on the tasks, powers, and responsibilities for state management of Ministries and Agencies at the level of Ministries is hereby abolished.

Article 30. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.