Nghị định 36/2012/ND-CP

DECREE

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

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

At the proposal of the Minister of Home Affairs,

The Government promulgates this Decree defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies,

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of regulation

1. This Decree generally provides the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below collectively referred to as ministries); work regimes and powers and responsibilities of ministers and heads of ministerial-level agencies (below collectively referred to as ministers).

2. The specific functions, tasks and powers of ministries to manage branches or sectors 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 National Defense and the Ministry of Public Security.

4. The names of ministries and the names of organizations and units under ministries shall be translated into foreign languages for international transactions under the guidance of the Ministry of Foreign Affairs.

Article 2. Positions and functions of ministries

Ministries are governmental agencies performing the state management of their assigned branches or sectors nationwide, and the state management of public services within these branches or sectors.

Article 3. Ministers

1. Ministers are government members, heads and leaders of their respective ministries. They shall participate in activities of the Government collective and other works of the Government; perform the tasks and exercise the powers defined in the Law on Organization of the Government, this Decree and relevant legal documents; and they are answerable to the Prime Minister and the National Assembly for the state management of their respective branches or sectors nationwide.

2. Deputy ministers are assigned by their ministers to manage and direct the implementation of one or some working aspects of their ministries and take responsibility for their assigned tasks before their ministers and law. When a minister is absent, a deputy minister authorized by the minister shall administer and settle on the latter's behalf affairs of his/her ministry and minister.

3. The number of deputy ministers in a ministry must not exceed four. Ministries managing many major, important and complex branches or sectors may have more than 4 deputy ministers as decided by the Prime Minister.

Chapter II

TASKS AND POWERS OF MINISTRIES

Article 4. With regard to legal affairs

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees of the Government under approved annual legislative programs and plans of the Government and resolutions, 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 as assigned.

3. To issue circulars, decisions, directives and other documents on state management of their branches or sectors; to guide and inspect the implementation of these documents.

4. To direct and organize law propagation, dissemination and education activities under the ministries' state management.

5. To examine legal documents promulgated by ministries, People's Councils and People's Committees of provinces or centrally run cities which are related to the branches or sectors under the ministries' state management; if detecting that regulations promulgated by those agencies show signs of contravening legal documents concerning the branches or sectors under the ministries' management, to handle them according to law.

Article 5. With regard to strategies, master plans and plans

1. To submit to the Government long-term, five-year and annual development strategies, master plans and plans and important national projects and works in their branches or sectors; to publicize approved strategies, master plans and plans (excluding state-secret contents) and organize and direct the implementation thereof.

2. To appraise the contents of pre-feasibility study and feasibility study reports on programs, projects and schemes in their branches or sectors; 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 for decision policies and measures to promote and expand relations with foreign countries and international organizations; signing, ratification, approval of or accession to, and measures to ensure the implementation of treaties in the name of the State or the Government regarding the branches or sectors under the ministries' state management.

2. To negotiate and conclude treaties under authorization by competent state agencies and organize the implementation of plans on international cooperation and treaties to which Vietnam is a contracting party within the state management of the branches or sectors.

3. To accede to international organizations as assigned by the Government; to conclude, and organize the implementation of, international agreements in the name of the ministries according to law; to organize international cooperation in order to increase the effectiveness and efficiency of the ministries' activities.

Article 7. With regard to administrative reform

1. To submit to the Government for decision the decentralization of tasks of state management of their branches or sectors to local administrations.

2. To decide on, and organize the implementation of, administrative reform plans, publicize administrative procedures in their branches or sectors; to decide on decentralization of responsibilities and powers to their attached agencies and units according to competence.

3. To reform the organizational apparatus of each ministry to be more streamlined and rational and have fewer focal points fully embracing the functions, tasks and powers of each ministry as assigned by the Government.

4. To renew working styles, modernize offices, introduce office culture and apply scientific research outcomes and technologies to the ministries' activities.

Article 8. With regard to the state management of public services in the branches or sectors

1. To submit to the Government for promulgation mechanisms and policies on the provision of public services and on the socialization of public services in the branches or sectors.

2. To submit to the Prime Minister master plans on networks of non-business public service units.

3. To guide the implementation of policies and laws and support providers of public services in the branches or sectors according to law.

Article 9. With regard to enterprises, cooperatives and other collective or private economic establishments

1. To submit to the Government for promulgation mechanisms and policies to encourage, support and orient the development of enterprises and cooperatives and other collective or private economic establishments in all economic sectors in the branches or sectors.

2. To guide and examine the implementation of regulations on conditional businesses and services on the Government-promulgated list and handle violations according to their competence.

3. To exercise the rights and perform the obligations of state owners as assigned and decentralized by the Government toward state-owned single-member limited liability companies and state capital portions invested in other enterprises which are organized and operate under the Law on Enterprises.

Article 10. With regard to associations and non-governmental organizations

1. To recognize the canvass boards for establishment of associations or non­governmental organizations; to give written opinions to competent state agencies regarding the permission to set up, separate, split, merge, consolidate, dissolve, rename and approve the charters of associations or non-governmental organizations.

2. To guide and create conditions for associations and non-governmental organizations to participate in activities within the branches or sectors under the ministries' state management.

3. To examine and inspect the implementation of legal provisions on associations and non-governmental organizations operating in the branches or sectors under the ministries' state management; to handle or propose competent state agencies to handle violations of associations or non­ governmental organizations according to law.

Article 11. With regard to organizational apparatus, civil servant payrolls and public employee numbers

1. To submit to the Government for decision the functions, tasks, powers and organizational structures of their ministries; the establishment, re-organization and dissolution of general departments and equivalent bodies under the ministries; and autonomy and accountability mechanisms applicable to non-business public units in the branches or sectors.

2. To submit to the Prime Minister for decision the establishment, re-organization and dissolution of departments, bureaus and equivalent bodies, non-business public units which fall under the deciding competence of the Prime Minister; and the functions, tasks, powers and organizational structures of general departments or equivalent bodies under the ministries.

3. To decide on the establishment, re­organization and dissolution of other non­business public 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, ministries' inspectorates, ministries' offices, and sections under bureaus in accordance with the government decrees defining the functions, tasks, powers and organizational structures of ministries.

5. To define the functions, tasks, powers and organizational structures of departments, bureaus, inspectorates, offices and non-business public units of the ministries according to law.

6. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, promulgating joint circulars generally guiding the functions, tasks, powers and organizational structures of professional agencies of People's Committees of provinces and centrally run cities and People's Committees of districts, towns and provincial cities.

7. To draw up lists of working positions and rank-based structures of civil servants and professional title-based structures of public employees for determining annual civil servant payroll plans of the ministries and the numbers of public employees working in non-business public units of the ministries and send them to the Ministry of Home Affairs according to law.

8. To decide on the assignment of civil servant payrolls to organizations of the ministries; to manage civil servant payrolls of organizations and units of the ministries; to manage working positions and numbers of civil servants and public employees in non-business public units of the ministries according to law.

Article 12. With regard to cadres, civil servants and public employees

1. To submit to the Prime Minister the appointment, relief from duty or dismissal of deputy ministers.

2. To decide on the appointment, relief from duty or dismissal of heads or deputy heads of organizations and units within the organizational structures of the ministries, including general departments or equivalent organizations, bureaus, departments, inspectorates, offices and non-business public units and sections of departments of the ministries and the ministries' inspectorates and offices.

Heads of general departments or equivalent organizations, bureaus, departments and non­business public units of the ministries may decide on the appointment, relief from duty or dismissal of holders of leading and managerial titles of units under their management.

The appointment, relief from duty and dismissal of holders of the above leading or managerial titles of the ministries comply with law as well as Party regulations.

3. To manage cadres, civil servants and public employees of the ministries according to law. To take specific measures to enhance administrative discipline among cadres, civil servants and public employees of the ministries; to practice thrift, combat wastefulness and prevent and combat corruption, red tape and authoritarianism in organizations and units of the ministries.

4. To formulate, and organize the implementation of, plans on training and retraining of cadres, civil servants and public employees, and the recruitment, employment, transfer, rotation, retirement, wage, commendation, discipline and other regimes applicable to cadres, civil servants and public employees of the ministries according to law.

5. To develop professional standards of civil servant ranks in the branches or sectors for promulgation by the Ministry of Home Affairs; to promulgate criteria for professional titles and structures of public employees in the branches or sectors and criteria for leading and managerial titles of professional agencies of the People's Committees of provinces and centrally run cities according to law.

Article 13. With regard to examination and inspection

1. To guide, examine and inspect the implementation of policies and laws on the branches or sectors under the ministries' state management.

2. To examine and inspect the ministries, government-attached agencies and People's Committees of all levels in the performance of their tasks in the branches or sectors under the ministries' state management.

3. To settle complaints, denunciations and petitions of organizations and citizens which are related to the branches or sectors under the ministries' state management; to hold citizen receptions according to law.

Article 14. With regard to financial and property management

1. To elaborate annual budget estimates and distribute, manage and finalize annual budgets of their ministries; to examine the implementation of the budgets of the branches or sectors under their management according to the Law on State Budget.

2. To coordinate with related agencies in elaborating regimes, standards and norms of budget expenditure of the branches or sectors.

3. To manage and take responsibility for state properties assigned to the ministries according to law.

Chapter III

ORGANIZATIONAL STRUCTURES OF MINISTRIES

Article 15. Organizational structure of a ministry

1. Organizations assisting the minister in the state management:

a/ Departments;

b/ The Ministry's office;

c/ The Ministry's inspectorate;

d/ Bureaus;

e/ General departments and equivalent organizations (below collectively referred to as general departments);

2. Non-business public units defined in the decree defining the functions, tasks and powers and organizational structure of each ministry:

a/ Branch or sector strategy and policy research units;

b/ Newspapers; journals; information or information technology center;

c/ Schools or centers for training and retraining cadres, civil servants and public employees; institutes attached to the ministry.

A minister shall submit to the Prime Minister for promulgation the list of other non-business public units of his/her ministry already established by competent authorities.

The number of deputy heads of an organization attached to a ministry referred to in Clauses 1, 2 and 3 of this Article must not exceed three.

Article 16. Departments of a ministry

1. Departments are organizations of a ministry, functioning to give general or specialized advice on state management of the branch or sector or on internal management work of the ministry.

2. Departments have no legal person status. Department directors may only sign documents as authorized by the minister to guide, settle and notify issues related to the professional functions and tasks of their departments.

3. Departments operate on the basis of an expert regime. A department in charge of different working aspects or affairs may establish sections; the number of sections of each department shall be specified in the decree defining the functions, tasks and powers and organizational structure of each ministry.

4. The establishment of a department must meet the following criteria:

a/ Having the function and task of advising on state management of the branch or sector within the function and task of the ministry;

b/ Having a scope and objects of management within the branch or sector.

The above criteria are not applicable to the establishment of departments to give advice on internal management work of a ministry.

Article 17. Ministry's office

1. A ministry's office is an organization of a ministry, functioning to give general advice on work programs and plans and serve activities of the ministry; control administrative procedures according to law; and assist the minister in summarizing, monitoring and urging organizations and units of the ministry to implement the ministry's approved work programs and plans.

2. A ministry's office shall perform administrative, clerical and archival work; manage physical and technical foundations, assets, operation fund, ensure working facilities and conditions; provide general services for activities of the ministry and its internal administration work; and perform other tasks prescribed by law or assigned by the minister.

3. A ministry's office may establish sections according to its assigned working areas.

4. A ministry's office has its own seal; the director of a ministry's office may sign administrative documents under the authorization or order of the minister.

Article 18. Ministry's inspectorate

1. A ministry's inspectorate is an organization of a ministry, assisting the minister in implementing the law on inspection; settling complaints and denunciations and preventing and combating corruption; and conducting administrative inspection of agencies, organizations, units and persons under the ministry's management; and conducting specialized inspection of agencies, organizations and persons operating in the branch or sector under the ministry's state management.

2. A ministry's inspectorate has its own seal and account; and may set up professional sections in accordance with the Inspection Law.

3. The chief inspector of a ministry may sign administrative documents under the authorization or order of the minister and may sanction administrative violations according to the law on handling of administrative violations.

Article 19. Bureaus of a ministry

1. A bureau is an organization of a ministry, functioning to advise and assist the minister in the state management of and implementation of laws on a specialized branch or sector under the ministry's state management under the decentralization or authorization by the minister.

A ministry that manages physical and technical foundations and major assets of its entire branch may set up a bureau to perform internal administration of the ministry.

2. Bureaus of a ministry are of only one type. A bureau has the legal person status and own seal and account; the director of a bureau may issue documents of specific application and documents providing professional guidance on the specialized branch or sector under the bureau's management.

3. The establishment of a bureau must satisfy the following criteria:

a/ Having objects of management in the specialized branch or sector under the ministry's state management according to specialized laws;

b/ Being decentralized or authorized by the minister to decide on issues within the scope of state management of the specialized branch or sector;

c/ Organizing non-business activities and public services in the specialized branch or sector.

4. A bureau consists of:

a/ Sections;

b/ An office;

c/ Sub-bureau (if any);

d/ Non-business public units.

Article 20. General departments of a ministry

1. A general department is an organization of a ministry, functioning to advise and assist the minister in the state management of and implementation of laws on a major and complex specialized branch or sector nationwide under the decentralization or authorization by the minister.

2. A general department has the legal person status and own seal and account; the general director of a general department may issue documents of specific application and documents providing professional guidance on the specialized branch or sector under the general department's management.

3. The establishment of a general department must satisfy the following criteria:

a/ Having objects of management in the specialized branch or sector which is broad, complex and important to socio-economic development;

b/ The specialized branch or sector must be managed in a centralized and uniform manner at the central level and its management is not decentralized or is decentralized in a limited manner to localities;

c/ Being decentralized or authorized by the minister to decide on issues within the scope of state management of the specialized branch or sector;

d/ Organizing non-business activities and public services in the specialized branch or sector.

3. The organizational structure of a general department consists of:

a/ Departments;

b/ An office;

c/ Bureaus (if any);

d/ Non-business public units.

The establishment of departments and bureaus of a general department must satisfy the criteria applicable to the establishment of departments and bureaus of a ministry. No section may be established within a department of a general department.

For a general department organized according to a professional hierarchy, the establishment of its bureaus and sub-bureaus in localities shall be provided in the decision defining the functions, tasks powers and organization of the general department.

Article 21. Non-business public units of a ministry

1. The establishment, re-organization and dissolution of non-business public units comply with the Government's regulations and specialized laws.

2. Non-business public units have no state management function.

3. Non-business public units enjoy autonomy and accountability for their tasks, organizational apparatuses, payrolls and finance as provided for by law and are subject to the state management by related ministries in each branch or sector.

4. Non-business public units have the legal person status, own seals and accounts.

Chapter IV

WORKING REGIMES AND RESPONSIBILITIES OF MINISTERS

Article 22. Working regimes of ministers

Ministers shall work under the regime of headship and the working regulations of the Government; ensure the principle of democratic centralism; and implement the communication and reporting regime of their ministries according to regulations.

Article 23. Ministers' responsibilities toward their ministries

1. To submit to the Government or the Prime Minister for decision issues related to the branches or sectors under the jurisdiction of the Government or the Prime Minister according to the working regulations of the Government.

2. To take responsibility for the quality and contents of projects, programs, schemes and legal documents prepared by their ministries;

3. To issue their ministries' working regulations and direct and examine the implementation of these regulations.

4. To decide on affairs under their ministries' management and take responsibility for such decisions.

5. To lead, direct and examine their ministries' organizations and units in performing their assigned tasks; to take responsibility for building a contingent of civil servants and public employees with adequate qualities, qualifications and capacity.

6. To bear responsibility for all affairs falling within their responsibility and competence, even for those already assigned or authorized to their deputies.

Article 24. Ministers' responsibilities toward the Government and the Prime Minister

1. To fulfill their ministries' functions of state management of the branches or sectors.

2. Not to transfer issues falling under their tasks and competence to the Prime Minister; for matters falling beyond their competence or matters falling under their competence but they have no ability and conditions for settlement, to take the initiative in working with other related ministers to compile dossiers of these matters for submission to the Government or Prime Minister for consideration and decision.

3. To fulfill the tasks and responsibilities of government members according to the Government's working regulation.

Article 25. A minister's responsibilities toward other ministers

1. Not to promulgate documents contrary to regulations of other ministers.

2. To assume the prime responsibility for, and coordinate with other ministers in, settling matters related to the functions and tasks of his/ her ministry.

3. To give written replies within the prescribed time limit on matters requested by other ministers.

Article 26. Ministers' responsibilities toward People's Committees at different levels

1. To direct, instruct and examine the People's Committees at different levels to perform the tasks in the branches or sectors under their ministries' management.

2. To respond to proposals of chairpersons of provincial-level People's Committees according to their competence and give written replies within the prescribed time limit.

Article 27. Ministers' responsibilities toward National Assembly agencies and deputies and voters

1. To present or supply necessary documents at the request of the National Assembly Standing Committee, the Ethnic Council or National Assembly Committees.

2. To respond to recommendations of the Ethnic Council or National Assembly Committees.

3. To respond to questions raised by National Assembly deputies and petitions of voters on matters in the branches or sectors under their ministries' state management.

Article 28. Ministers' responsibilities toward socio-political organizations

Ministers shall coordinate with heads of the Fatherland Front organization, trade unions and other mass organizations in performing their ministries' tasks.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect on June 15,2012.

2. This Decree replaces the Government's Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and all previous regulations contrary to this Decree are annulled.

Article 30. Transitional provisions

1. Pursuant to the provisions of this Decree, ministries shall review the functions and tasks of their representative agencies based in localities to reorganize them into their departments or bureaus of their ministries or representative offices attached to their ministries' offices in localities.

2. The existing sections within departments of general departments are maintained until their ministers submit to the Prime Minister for decision the functions, tasks, powers and organizational structure of these general departments.

Article 31. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decree.-