Joint Circular No. 88/2005/TTLT-UBTDTT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to Physical Education and Sports at the local level.

JOINT CIRCULAR

Guidelines for the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state administration in physical education and sports at the local level.

In accordance with Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally governed cities and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and provincial-level cities.

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Pursuant to Decree No. 22/2003/NĐ-CP dated March 11, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Committee for Physical Culture and Sports;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Joint Ministry of Physical Education and Sports and the Ministry of Home Affairs provide guidelines for the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state administration in physical education and sports at the local level as follows.

I. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF PROVINCES AND CENTRALLY GOVERNED CITIES TO MANAGE STATE ADMINISTRATION IN PHYSICAL EDUCATION AND SPORTS:

1.1. The Department of Physical Education and Sports or the Department of Culture, Information, and Physical Education and Sports is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as provincial level) providing advice and assistance to the People's Committee at the provincial level in implementing state management functions within the province regarding physical education and sports and performing certain tasks and powers delegated by the People's Committee at the provincial level and as prescribed by law.

1. Position and Functions

1.2. The Department of Physical Education and Sports is subject to the direction and management of the organization, staffing, and activities of the People's Committee at the provincial level, while also being subject to the direction, guidance, and inspection of the Department of Physical Education and Sports regarding professional matters.

1.3. The Department of Culture, Information, and Physical Education and Sports is subject to the direction and management of the organization, staffing, and activities of the People's Committee at the provincial level, while also being subject to the direction, guidance, and inspection of the Ministry of Culture and Information regarding cultural and information matters and the Department of Physical Education and Sports regarding physical education and sports matters.

2.1. Submit to the People's Committee at the provincial level for issuance of decisions and directives on managing the field of physical education and sports within the authority of the provincial People's Committee.

2. Tasks and authorities:

2.2. Submit to the People's Committee at the provincial level for approval of planning, long-term plans, five-year plans, and annual plans, programs, and projects within the scope of management of the Department that are consistent with the overall socio-economic development plan of the locality and the industry development plan of the Department of Physical Education and Sports.

2.3. Submit to the People's Committee at the provincial level for decision-making on the division of responsibilities, delegation of authority, or authorization of management over the field of physical education and sports to the People's Committees of districts, towns, and provincial-level cities (hereinafter collectively referred to as district level) and other specialized agencies under the People's Committee at the provincial level in accordance with the law.

2.4. Organize, direct, guide, and inspect the implementation of regulatory legal documents, plans, and programs for the development of physical education and sports that have been approved; disseminate, publicize, and educate about laws related to the field of physical education and sports.

2.5. Regarding mass physical education and sports:

2.5.1. Guide the establishment of regulations on the organization and operation of physical education and sports facilities within the province according to the model regulations of the Department of Physical Education and Sports.

2.5.2. Organize and direct the construction of a cadre of physical education and sports instructors for the masses.

2.5.3. Organize and promote methods of physical exercise and sports training for all people.

2.5.4. Take the lead and coordinate with relevant departments and organizations in the province to build cooperation programs and organize physical education and sports activities; guide, inspect, and recognize standards for physical fitness among various groups within the province.

2.5.5. Coordinate with the Department of Education and Training in the province in implementing tasks related to school physical education and sports:

2.5.5.1. Guide and inspect the implementation of physical education programs in schools.

2.5.5.2. Inspect, evaluate, and recognize physical fitness standards of students each academic year.

2.5.5.3. Provide vocational training for physical education teachers and lecturers.

2.5.5.4. Organize school sports competitions.

2.5.5.5. Establish schools and classes for talented athletes in physical education and sports within the province after obtaining approval from the competent authority.

2.5.6. Develop systems of competitions, competition schedules, approve rules, and direct and guide the organization of mass sports competitions at the provincial level.

2.5.7. Be responsible for directing, guiding, and organizing the implementation of plans for physical education and sports activities serving provincial political tasks.

2.5.8. Organize regional and national mass sports competitions when authorized by the competent authority.

2.6. Regarding high-performance sports:

2.6.1. Submit to the People's Committee at the provincial level for approval of plans for selecting, training, coaching, and competing of athletes in provincial sports teams and implement approved plans.

2.6.2. Submit to the People's Committee at the provincial level for approval of plans to organize provincial sports meetings, national and international competitions assigned by the competent authority and implement them upon approval.

2.6.3. Implement decisions on awarding ranks to athletes, coaches, and referees in sports under the jurisdiction of the Department according to the分级任务如下：

2.6.3. Implement decisions on awarding ranks to athletes, coaches, and referees in sports under the jurisdiction of the Department according to the classification of the Department of Physical Education and Sports.

2.7. Submit to the People's Committee at the provincial level for approval of programs and plans for administrative reform and socialization of physical education and sports activities in the locality; be responsible for organizing their implementation after approval.

2.8. Coordinate with the Department of Culture and Information to submit to the Chairman of the People's Committee at the provincial level for approval of standards and titles for heads and deputy heads of specialized agencies in physical education and sports under the People's Committees at the district level.

2.9. Implement international cooperation in the field of physical education and sports in accordance with the law and the direction of the People's Committee at the provincial level.

2.10. Study and apply scientific and technological advancements, establish information and archival systems for the specialized fields managed by the Department.

2.11. Compile periodic and ad hoc reports on the implementation of assigned tasks in accordance with regulations to the People's Committee at the provincial level and the Department of Physical Education and Sports.

2.12. Assist the People's Committee at the provincial level in managing state affairs concerning enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations in the field of physical education and sports in accordance with the law.

2.13. To chair and coordinate with the Department of Home Affairs and the Department of Finance to guide and inspect the self-management and self-responsibility mechanism of sports public service units in accordance with the provisions of the law.

2.14. To participate in appraising investment projects in sports within the provincial People's Committee's decision-making authority; to be responsible for implementing sports investment projects assigned by the provincial People's Committee.

2.15. To organize and be responsible for certification, registration, issuance of permits and certificates related to sports within the scope of management of the Department in accordance with the law, as delegated or authorized by the provincial People's Committee.

2.16. To provide professional guidance on sports matters to specialized agencies under the district People's Committees.

2.17. To inspect and investigate complaints, denunciations, anti-corruption, and handle violations in sports in accordance with the law.

2.18. To manage organizational structure, staffing, implement salary systems, and reward and disciplinary policies for civil servants and employees under the Department in accordance with the law.

To carry out planning, training, and development to build a cadre of state civil servants and employees in the field of sports at the local level.

2.19. To manage financial resources and assets allocated and implement the budget allocated according to the law and the division of work by the provincial People's Committee.

2.20. To perform other tasks assigned by the provincial People's Committee.

For provinces that establish the Department of Culture, Information, and Sports, in addition to performing tasks and authorities in the field of sports as stipulated in this Circular, they also perform tasks and authorities in the field of culture and information as stipulated in Joint Circular No. 02/2005/TTLT/BVHTT-BNV dated January 21, 2005, issued by the Ministry of Culture, Sports and Tourism and the Ministry of Home Affairs, guiding the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs in the fields of culture and information at the local level.

3. Organization and Staffing

3.1. Leadership of the Department:

The Department of Sports has a Director and not more than three Deputy Directors.

The Director of the Department is responsible and reports work to the provincial People's Committee, the Sports Committee, and reports work to the Provincial People's Council when requested.

The Director of the Department is responsible before the provincial People's Committee and the law for all activities of the Department and the implementation of assigned tasks.

Deputy Directors are responsible before the Director and the law for the areas of work assigned to them.

The Chairman of the provincial People's Committee decides the appointment of the Director and Deputy Directors of the Department based on professional standards set by the Minister and Head of the Sports Committee and in accordance with Party and State regulations on cadre work.

The removal, commendation, and disciplinary actions against the Director and Deputy Directors of the Department are carried out in accordance with the law.

3.2. The organizational structure of the Department includes:

- Office;

- Inspection;

- Specialized and professional departments.

- Public service units:

+ Sports Centers;

+ Sports Schools;

- Other public service sports units.

The establishment of specialized and professional departments is based on the principle of ensuring comprehensive coverage of all areas under the Department's administrative management; the functions and responsibilities of each department must be clear and non-overlapping with those of other departments and organizations within the Department; suitable to the characteristics and workload of the locality, ensuring simplicity in administrative procedures and convenience in handling requests from organizations and citizens.

The number of specialized and professional departments of the Department shall not exceed four departments for Hanoi and Ho Chi Minh City; not exceeding three departments for other provinces and cities.

The number and names of specialized and professional departments of the Department are determined by the Director of the Department of Sports in coordination with the Director of the Department of Home Affairs, submitted to the Chairman of the provincial People's Committee for decision.

The Director of the Department of Sports coordinates with the Director of the Department of Home Affairs to submit to the Chairman of the provincial People's Committee for decision on the establishment of subordinate public service sports organizations in accordance with the law, meeting the needs of industry management and the people's demand for sports enjoyment.

The Director of the Department of Sports defines the duties and powers of the Office, specialized and professional departments, and subordinate public service organizations of the Department, and specifies the responsibilities of heads of these organizations in accordance with the law.

3.3. Staffing:

The staffing of the Office, Inspection, and specialized and professional departments is state administrative staffing. The staffing of the Department of Sports is decided by the provincial People's Committee in accordance with Decree No. 71/2003/NĐ-CP dated June 19, 2003, of the Government on分级管理行政和事业编制，以及国务院令第112号2004年4月8日关于国家事业单位编制管理机制的规定。

The Director of the Department of Sports must allocate and utilize cadres, civil servants, and employees of the Department in accordance with their positions and the standards for civil servant and employee ranks as prescribed by the law on cadres and civil servants.

II. CULTURE - INFORMATION - SPORTS DEPARTMENT

1. Functions

The Culture - Information - Sports Department is a specialized agency assisting the People's Committee of districts, counties, towns, and cities directly under provinces (hereinafter referred to as the district-level People's Committee) in exercising state management functions over sports and managing public services in the sports sector within their jurisdiction, organized in accordance with Decree No. 172/2004/NĐ-CP dated September 29, 2004, of the Government on organizing specialized agencies under the People's Committee of districts, counties, towns, and cities directly under provinces.

The Culture - Information - Sports Department is subject to the leadership and management of organization, staffing, and operations by the district-level People's Committee, while also being subject to professional guidance and inspection on sports matters by the Department of Sports.

2. Tasks and Authorities

The district-level People's Committee shall specifically define the functions, tasks, and authorities of the Culture - Information - Sports Department in accordance with the guidance provided by the provincial People's Committee assigned to the district.

3. Staffing

On the basis of the characteristics and development situation of physical education and sports in the locality, the Chairman of the People's Committee of the district decides on the staffing to meet the state management tasks related to physical education and sports within the total administrative staffing assigned by the People's Committee of the province to the district.

4. County-level physical education and sports public service organizations

On the basis of the planning for the network of physical education and sports public service organizations, the characteristics and situation of the locality, and the guidance of the People's Committee of the province, the Chairman of the People's Committee of the county decides to establish and define the functions, tasks, organization, and staffing of the subordinate physical education and sports public service units under the People's Committee of the county.

III. STATE MANAGEMENT TASKS RELATED TO PHYSICAL EDUCATION AND SPORTS OF THE PEOPLE'S COMMITTEE OF THE COMMUNE, WARD, TOWN

The state management tasks related to physical education and sports of the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) shall be decided by the People's Committee of the province based on the proposal of the Director of the Department of Physical Education and Sports and the Director of the Department of Home Affairs.

Based on the actual situation and the requirements of the state management tasks related to physical education and sports in the locality, the People's Committee of the province decides the number of non-professional cadres in charge of physical education and sports at the commune level according to the provisions of Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government on the system and policies for cadres and civil servants at the commune, ward, town levels.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular Jointly Issued No. 28/1998/TTLT-VHTT-TDTT-TCCP dated January 13, 1998 of the Ministry of Culture, Sports and Tourism, the State Sports Committee, and the Civil Service Commission (now the Ministry of Home Affairs).

2. The Chairman of the People's Committee of the province, centrally governed city is responsible for organizing and implementing this Circular. In case of any arising issues or difficulties during implementation, the provinces need to promptly reflect them to the State Sports Committee and the Ministry of Home Affairs for research and resolution./.