Nghị định 136/2005/ND-CP

DEECREE

ON DEFINING FUNCTIONS, MANDATES, AUTHORITIES AND ORGANISATIONAL STRUCTURES OF OFFICES OF THE PEOPLE’S COMMITTEES OF CENTRALLY-AFFILIATED CITIES AND PROVINCES

GOVERNMENNT

Pursuant to the Law on Government Organisation dated 25 December 2001;
Pursuant to the Law on Organisation of People’s Councils and People’s Committees dated 26 November 2003;
Pursuant to the Government Decree No.17/2004/ND-CP dated 29 September 2004 stipulating the organisational structures of functional units of People’s Councils and People’s Committees of centrally-affiliated cities and provinces;
At the request of the Minister, Head of the Office of the Government,

DDECREE  :

Article 1. Roles and functions

1. Offices of the People’s Committees of centrally-affiliated cities and provinces (hereinafter referred to as Offices of provincial People’s Committees) are functional units which assist the People’s Committees of centrally-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees).

2. Offices of provincial People’s Committee have the function of assisting the provincial People’s Committees to regulate and coordinate overall activities of Departments, divisions and units (hereinafter referred to as Departments), People’s Committees of rural districts, districts, towns and cities of the provinces (hereinafter referred to as district People’s Committees); advising and assisting the provincial People’s Committees and Chairmen in the steering and governing local activities; ensuring facilities and technical inputs for the performance of provincial People’s Committees and Chairmen.

3. Offices of provincial People’s Committees have legal personality, have their own stamps and are entitled to open accounts at the State Treasury as stipulated by laws.

Article 2. Mandates and authorities

Offices of provincial People’s Committees have the following mandates and authorities:

1. To submit to the provincial People’s Committees the monthly, quarterly, bi-annual and annual working programs and work plans of provincial People’s Committees ; to speed up and check the implementation of the approved programs and work plans of provincial People’s Committees and Chairmen in Departments and People’s Committees of rural districts; to monitor, speed up and check the cooperation among Departments and People’s Committees of rural districts in conformity with laws and regulations;

2. To compile and process information in order to develop reports in aid of the steering, governing and management of provincial People’s Committees and Chairmen in conformity with laws and regulations; to ensure periodical and ad-hoc reporting and information sharing as assigned in conformity with laws and regulations;

3 . To submit to the provincial People’s Committees the long-term and annual planning, plans, and programs, projects which fall within the competence of the Offices of provincial People’s Committees;

4. To act as lead agency in the development of projects and draft documents as assigned by the provincial People’s Committees Chairmen; to monitor and urge Departments, People’s Committees of rural districts to develop and prepare projects as assigned;

5. To independently comment and appraise projects and draft documents developed by Departments, People’s Committees of rural districts prior to submission to provincial People’s Committees and Chairmen for consideration and approval;

6. To act as lead agency and cooperate with Department of Home Affairs and functional units to submit to provincial People’s Committees for approval of the standards for the posts of Head and Deputy Head of Office of Department, and Head and Deputy Head of Office of People’s Council and People’s Committee of rural district;

7. To assist provincial People’s Committees and Chairmen to maintain cooperative relationship with provincial Party’s Committees and Standing Committees, Standing Committees of People’s Councils, provincial Committees of the National Front, provincial mass organisations, provincial Delegations of National Assembly’s Representatives, and affiliates of Central organisations and agencies in local areas;

8. To publish and disseminate the decisions and directives of provincial People’s Committees, and the normative legal documents of related senior State organs; to assist provincial People’s Committees to cooperate with functional organs to monitor, speed up and inspect the implementation of the such documents in Departments and People’s Committees of rural districts;

9. To uniformly manage over the promulgation of the documents of provincial People’s Committees and Chairmen, and the filing, archiving, documentation and computerisation of the State administration of provincial People’s Committees;

10. To publish normative legal documents on the provincial Gazettes and to directly manage over the publication and circulation of the provincial Gazettes as stipulated by laws;

11. To submit to provincial People’s Committees the programs and  measures for PAR implementation which fall within the competence of the Offices of provincial People’s Committees;

12. To provide guidelines to Offices of Departments and Offices of People’s Councils and People’s Committees of rural districts regarding administrative, archiving, filing techniques and computerisation of public administration as stipulated by laws;

13. To settle complaints and denunciations in aid of the prevention and fight against corruption and wastage in the areas subject to the management of the Offices of provincial People’s Committees as stipulated by laws and as assigned by provincial People’s Committees Chairmen;

14. To organise meetings, receptions and other activities of provincial People’s Committees and Chairmen; to ensure decent inputs for the performance and operation of provincial People’s Committees and Chairmen and related organisations as stipulated by provincial People’s Committees;

15. To develop the planning and plans for the training and retraining of cadres and civil servants of the Offices of provincial People’s Committees;

16. To manage over the organisational structures, staffing, personnel, assets, equipments and technical facilities allocated as stipulated by laws and control over the decentralisation process of provincial People’s Committees;

17. To undertake other mandates assigned by provincial People’s Committees and Chairmen.

Article 3. Organisational structures

1. Leaders of Offices of provincial People’s Committees

Every Offices of provincial People’s Committee comprise a Head of Office and no more than 03 Deputy Heads (particularly, Office of the People’s Committee of Hanoi and that of Ho Chi Minh City has no more than 04 Deputy Heads).

Head and Deputy Heads of every Offices of provincial People’s Committee are appointed, suspended, rewarded and penalised by Chairman of the respective provincial People’s Committee as stipulated by laws.

Head of every Offices of provincial People’s Committee is the leader who is responsible to the provincial People’s Committee and Chairman and to the laws regarding the operation of the Offices and is the owner of the account belonged to the Offices of provincial People’s Committee.

Deputy Heads of every Offices of provincial People’s Committee are delegated by the Head of Office to monitor a number of tasks and are responsible to the Head of Office and the laws regarding their assigned tasks.

2. Organisational structures

a) Group of research specialists

This group in every Offices of provincial People’s Committee including officers responsible for citizen reception and settlement of complaints and denunciations is divided into divisions specialised in different techniques and areas. Chairman of provincial People’s Committee stipulates in details the names and numbers of divisions attached to the respective Office of provincial People’s Committee.

Research specialists of every Offices of provincial People’s Committee can directly contact Head and Deputy Heads of the respective Office, Chairman and Vice Chairmen of the respective provincial People’s Committee if required.

b) Group of administrative specialists

- Division of Administration and Organisation (including filing and archiving);

- Division of Management and Finance (including the management over Driver Team);

- Division of Citizen Reception

c) Subject to the specific feature of each locality, each Office of provincial People’s Committee may comprise Division of External Affairs, Division of Religions, Division of Emulation and Commendation or Division of Peoples (except for localities which have Department of External Affairs, Commission for Religions, Commission for Peoples or which assign the tasks related to emulation, commendation, religions, peoples to other functional units).

d) Public service delivery agencies

- The Gazettes;

- Documentation Center;

- Information Technology Center.

3. Staff quantity and specific treatment policies and regimes applied for cadres, civil servants, public servants working in Office of provincial People’s Committee are subject to the decision of respective provincial People’s Committee in compliance with specific feature of each locality.

Article 4. Legal Effect

This Decree takes effect after 15 days from the date of its publication on the Official Gazette and replaces the Decree No.156/HDBT dated 17/12/1981 of the Council of Ministers (presently is the Government) defining the functions, mandates, authorities and organisational structures of Office of provincial People’s Committee.

Article 5. Provisions for Implementation

1. Provincial People’s Committees stipulate in details the functions, mandates, authorities and organisational structures of Offices of provincial People’s Committee in conformity with this Decree and other related legal documents.

2. Office of the Government leads and cooperates with concerned organs to inspect on the implementation of this Decree.

3. Ministers, Heads of ministerial agencies, Heads of Government agencies, Chairmen of the People’s Committees of centrally-affiliated cities and provinces are responsible for the implementation of this Decree.