Decree No. 86/2002/ND-CP dated November 05, 2002 of the Government prescribing the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------
No: 86/2002/ND-CP	Hanoi, November 05, 2002

DECREE

PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURES OF THE MINISTRIES AND MINISTERIAL-LEVEL AGENCIES

THE GOVERNMENT

Pursuant to the 1992 Constitution and the Xth National Assembly’s Resolution No. 51/2001/QH10 of December 25, 2001 amending and supplementing a number of articles of the 1992 Constitution of the Socialist Republic of Vietnam;

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

Pursuant to Resolution No. 10/2002/NQ-CP of September 6, 2002 of the Government’s August 2002 regular meeting;

At the proposal of the Minister of the Interior,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and objects of regulation

This Decree prescribes the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies; the working regime and responsibilities of the ministers and the heads of the ministerial-level agencies.

Article 2.- Position and functions

The ministries and the ministerial-level agencies (hereinafter collectively referred to as the ministries) are the Government’s agencies, perform the State management over the branches or working domains nationwide; the State management over public services in these branches or domains; and represent the State in owning its capital portions at the enterprises with State capital according to the provisions of law.

Article 3.- Ministers, heads of ministerial-level agencies

The ministers and the heads of the ministerial-level agencies (hereinafter collectively referred to as the ministers) are Cabinet members, heads and leaders of the ministries; are answerable to the Prime Minister and the National Assembly for managing the branches and domains in the whole country; perform their tasks and exercise their powers prescribed in Articles 6, 23, 24, 25, 26, 27 and 28 of the 2001 Law on Organization of the Government and specified in this Decree.

Vice-ministers and deputy-heads of the ministerial-level agencies (hereinafter collective referred to as vice ministers) are assistants to the ministers, assigned by the ministers to direct some aspects of work and be answerable to the ministers for their assigned tasks. When the minister is absent, one vice minister shall be authorized by the minister to lead the work of the ministry.