| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No.178/2007/ND-CP | Hanoi, December 03, 2007 |
DECREE
DEFINING THE FUNCTIONS, TASKS AND ORGANIZATIONAL STRUCTURES OF MINISTRIES AND MINISTERIAL-LEVEL AGENCIES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and subjects of regulation.
1. This Decree provides for the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; the work regimes, powers and responsibilities of ministers and heads of ministerial-level agencies.
2. The specific functions, tasks and powers of ministries or ministerial-level agencies in the management of branches or domains comply with the decrees defining their functions, tasks and organizational structures.
3. The provisions in Chapter III of this Decree on organizational structures of ministries do not apply to the organizational structures of the Ministry of Defense and the Ministry of Public Security.
4. The names of ministries or ministerial-level agencies and the names of units under ministries or ministerial-level agencies shall be translated into foreign languages for international transactions under the guidance of the Ministry of Foreign Affairs.
Article 2.- Positions and functions
Ministries and ministerial-level agencies (below collectively referred to as ministries) are government agencies performing the state management of their assigned branches or domains nationwide; and the state management of public services within the branches or domains under the ministries’ state management.
Article 3.- Ministers, heads of ministerial-level agencies
1. Ministers and heads of ministerial-level agencies (below collectively referred to as ministers) are government members, heads and leaders of their respective ministries; are answerable to the Prime Minister and the National Assembly for the state management of branches or domains, and participate in activities of the Government collective; perform the state management of public services nationwide and other tasks assigned to them; and perform the tasks and exercise the powers defined in Articles 4, 6, 23, 24, 25, 26, 27 and 28 of the 2001 Law on Organization of the Government, this Decree and relevant legal documents.
2. Deputies of heads of ministries or ministerial-level agencies (below collectively referred to as vice-ministers) shall assist ministers in monitoring and directing some working aspects under the ministers' assignment and take responsibility for their assigned tasks before the ministers.
When ministers are absent, vice-ministers authorized by their ministers shall handle on the latter’s behalf affairs of their ministries and ministers.
3. The number of vice-ministers in a ministry must not exceed four. Special cases will be decided by the Prime Minister.
Chapter II
TASKS AND POWERS OF MINISTRIES AND MINISTERS
Article 4.- With regard to legal affairs
1. To submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; draft resolutions and decrees of the Government under the approved annual legislative programs or plans of ministries, and projects and schemes under the assignment of the Government or the Prime Minister.
2. To submit to the Prime Minister draft decisions, directives and other documents under the directing and administering jurisdiction of the Prime Minister according to law.
3. To issue decisions, directives, circulars, standards, norms, processes, regulations, techno-economic norms on management of the branches or domains under the ministries' state management; guide and inspect the implementation of those documents.
4. To direct and organize the law propagation, dissemination and education under the ministries' state management.
5. To examine normative documents promulgated by ministries, People's Councils and People's Committees of provinces or centrally run cities which are related to the branches or domains under the ministries' state management; if detecting that regulations promulgated by those agencies show signs of contravening legal documents concerning the branches or domains managed by ministries, to handle them according to law.
Article 5.- With regard to strategies, plannings and plans
1. To submit to the Prime Minister long-term, five-year and annual development strategies, plannings and plans and important national works in the branches or domains under the deciding jurisdiction of the Prime Minister.
2. To publicize development strategies, plannings and plans after they are approved (except for matters belonging to state secrets); to direct and guide the implementation of those strategies, plannings and plans
3. To perform socio-economic, security and defense tasks related to the branches or domains falling under the ministries' state management.
4. To appraise, within the scope of ministries' state management, the contents of pre-feasibility study and feasibility study reports on programs, projects and schemes in the branches or domains managed by ministries; take responsibility for the contents of these reports or projects implemented by agencies or organizations of ministries; to approve and decide on investment projects falling under the ministries' jurisdiction according to law.
Article 6.- With regard to international cooperation
1. To submit to the government undertakings and measures to expand relations with foreign countries and international organizations; to negotiate on, sign, ratify, approve or accede to, and measures to ensure the implementation of, international treaties in the name of the State or the Government regarding the branches or domains under the ministries' state management.
2. To organize negotiations on and conclude treaties under competent state agencies' authorization and organize the implementation of treaties to which Vietnam is a contracting party within the branches or domains under the ministries' state management.
3. To conclude, and organize the implementation of, international agreements in the name of ministries according to law.
4. To participate in international organizations as assigned by the Government.
5. To organize the realization of undertakings and measures to expand international cooperation, already approved by the Government. To enter into international cooperation on branches or domains under the provisions of law; to permit attached units, foreign agencies or organizations, which are licensed by central agencies, to organize international conferences and seminars with contents related to the branches or domains under the ministries' state management.
6. To inspect the implementation of international aid programs or projects in the branches or domains managed by ministries; to direct and organize the implementation of international aid programs and projects of ministries.
Article 7.- With regard to administrative reform
1. To decide on, and organize the implementation of, administrative reform plans of ministries under the national administrative reform programs and plans of the Government and the direction of the Prime Minister.
2. To establish and perfect the systems of institutions and laws on the branches or domains under the ministries' state management.
3. To clearly define and perfect the functions, tasks and powers of ministries and their attached agencies or units; to streamline the organizational apparatuses of ministries towards higher rationality and fewer contacts.
4. To assign and decentralize to attached agencies or units the state management of activities of state-run enterprises and non-business units; to submit to the Government for decision the decentralization of the tasks of branch- or domain-related state management to local administrations.
5. To decide on and direct the implementation of administrative-procedure reform, covering the review, self-cancellation or rectification according to their competence or submission to competent authorities for consideration, rectification, simplification and publicity of administrative procedures in the branches or domains under the ministries' state management.
6. To direct the realization of regulations on autonomy and accountability in the management and use of payrolls, administrative management funds, applicable to administrative agencies and on autonomy and accountability in the performance of tasks, organization of apparatuses, payroll and finance, applicable to state-run non-business units; to apply the quality control system under standard TCVN ISO 9001: 2000 to ministries' activities.
7. To decide on, and direct the renovation of working styles, office modernization and application of information technology to ministries' activities.
8. To report on the implementation of administrative reforms under the ministries' state management according to regulations.
Article 8.- With regard to the state management of organizations providing public services in the branches or domains under the ministries' state management
1. To submit to the Government for promulgation mechanisms and policies on the provision of public services; and the socialization of public services in the branches or domains under the ministries' state management.
2. To submit to the Prime Minister plannings on network of non-business and public service-providing organizations; conditions and criteria for the establishment of state-run non-business organizations in the branches or domains under the ministries’ state management.
3. To promulgate criteria, national technical standards, techno-economic norms and time for the provision of public services in the branches or domains according to their competence.
4. To guide, inspect and support organizations providing public services in the branches or domains under the ministries' state management according to law.
Article 9.- With regard to the state management of enterprises, cooperatives and other collective or private economic establishments
1. To propose mechanisms and policies to encourage, support and orient the development of enterprises and cooperatives of all economic sectors within the branches or domains under the ministries' state management.
2. To guide and inspect the implementation of regulations on conditional business and services on the list made by the government and handle violations according to their competence.
3. To inspect and control the implementation of regulations on environmental protection, food hygiene and safety, labor hygiene and safety.
4. To promulgate base criteria and national technical standards of branches or domains according to law; to examine, inspect, and handle according to the ministries' competence violations of goods and service quality standards according to law.
Article 10.- With regard to the state management of activities of associations and non-governmental organizations
1. To recognize the steering boards for establishment of associations or non-governmental organizations; to send written opinions to the Ministry of Home Affairs on permission to set up, merge, separate, dissolve associations or non-governmental organizations operating in the branches or domains under the ministries' state management.
2. To guide and create conditions for associations and non-governmental organizations to participate in activities within the branches or domains under the ministries' state management; to gather comments and accept proposals and arguments of associations and non-government organizations to perfect regulations on state management of branches or domains.
3. To examine and inspect the implementation of legal provisions on associations and non-governmental organizations operating in the branches or domains under the ministries' state management; to handle or propose competent state agencies to handle law violations by associations or non-governmental organizations according to law.
Article 11.- With regard to organizational apparatus and payroll
1. To submit to the Government regulations on functions, tasks, powers and organizational structures of their ministries; on the establishment, re-organization and dissolution of general departments and equivalent bodies under ministries; and on autonomy and accountability mechanisms applicable to state-run non-business units in their branches or domains.
2. To submit to the Prime Minister the establishment, re-organization and dissolution of departments, bureaus, and equivalent bodies, non-business organizations serving state management work, and non-business organizations which fall under the deciding competence of the Prime Minister; regulations on functions, tasks, powers and organizational structures of general departments or equivalent bodies under ministries.
3. To decide on the establishment, re-organization and dissolution of other state-run non-business units, which do not fall under the jurisdiction of the Government or the Prime Minister according to law.
4. To decide on the establishment of sections under departments, ministry inspectorates, ministry offices, and sections under bureaus under the provisions of the decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or after getting the Prime Minister's permission.
5. To define the functions, tasks, powers and organizational structures of departments and bureaus (except for bureaus equivalent to general departments), inspectorates, offices; to define the autonomy and accountability tasks of state-run non-business units managed by ministries.
6. To promulgate circulars or joint circulars guiding the functions, tasks, powers and organizational structures of professional agencies of People's Committees of all levels.
7. To sum up and report on the organization of state-run administrative and non-business apparatuses of ministries and send them to the Ministry of Home Affairs according to regulations.
8. To draw up and send annual payroll plans of ministries to the Ministry of Home Affairs; to promulgate quotas on non-business payrolls in the branches or domains after consulting the Ministry of Home Affairs.
9. To decide on the assignment of non-business payrolls to organizations under ministries; to manage administrative and non-business payrolls of units managed by ministries according to law.
Article 12.- With regard to cadres, officials and public employees
1. To submit to the Prime Minister the appointment, relief from duty or dismissal of vice ministers and holders of equivalent positions.
2. To decide on the appointment, relief from duty or dismissal of heads or deputy-heads of organization under ministries, including general departments or equivalent agencies, bureaus, departments, inspectorates, offices and non-business organizations of ministries, and heads and deputy-heads of sections of departments, ministry offices or ministry inspectorates.
To decentralize to heads of organizations under ministries the appointment, relief from duty or dismissal of other titles of units under their respective management.
The appointment, relief from duty and dismissal of the above-mentioned leading or managerial officials of ministries comply with the regulations of the Party, the Government and the Prime Minister.
3. To define the competence and responsibilities of heads of organizations under ministries.
4. To decide on and apply specific measures to enhance administrative discipline among cadres, officials and public employees in ministries; to organize the prevention and combat of corruption, waste, red tape and authoritarianism in units under ministries.
5. To formulate and organize the implementation of plans on training and fostering of cadre, officials and public employees as well as the recruitment, employment, transfer, rotation, retirement, wage, commendation, discipline and other regimes applicable to cadres, officials and public employees managed by ministries according to law.
6. To promulgate criteria and professional standards of public-servant ranks in the branches or domains assigned or decentralized to ministries for management after obtaining the examination opinions of the Ministry of Home Affairs; to formulate professional standards of public-servant ranks in the branches or domains assigned or decentralized to ministries for management for the Ministry of Home Affairs to promulgate them; to promulgate specific professional standards of heads of professional bodies in the branches or domains managed by ministries, which are attached to provincial/municipal People's Committees.
Article 13.- With regard to examination and inspection
1. To guide, examine and inspect the implementation of policies and laws on the branches or domain under the ministries' state management.
2. To examine and inspect ministries, government-attached agencies and People's Committees of all levels in the performance of their tasks in the branches or domains under the ministries' state management.
3. To settle complaints, denunciations and petitions of organizations and citizens which are related to the branches or domains under the ministries' state management; to organize meetings with citizens according to law.
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