Nghị định 45/2003/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF THE INTERIOR

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam, prescribing the list of ministries and ministerial-level of the Government;
Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;
At the proposal of the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of the Interior is a governmental agency performing the function of State management over the domains: organization of the State administrative apparatus; organization of local administrations and management of administrative boundaries; State officials, employees and servants; associations and non-governmental organizations; State records and archives, and performing the State management over public services in the domains under its management as prescribed by law.

Article 2.- Tasks and powers

The Ministry of the Interior shall have to perform the tasks and exercise the powers stated in the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies and also the following specific tasks and powers:

1. To submit to the Government or the Prime Minister bills, draft ordinances and other draft legal documents concerning the domains falling under the scope of its State management.

2. To submit to the Government or the Prime Minister development strategies and plannings, long-term, five-year and annual plans concerning the domains falling under the scope of its State management.

3. To promulgate decisions, directives and circulars falling under the scope of its State management.

4. To direct, guide, inspect, and take responsibility for, the implementation of legal documents, strategies, plannings and plans after they are approved, and other legal documents falling under the scope of its management; to publicize, propagate, educate and disseminate legal documents in the domains under its State management.

5. Regarding organization of the State administrative apparatus:

a/ To submit to the Government or the Prime Minister schemes on: the organizational structure of the Government; the establishment, merger, dissolution or abolition of ministries, ministerial-level agencies or agencies attached to the Government or professional agencies of the People's Committees; to assign and decentralize the management of the organization of the State administrative apparatus, mechanisms of management of State-run non-business organizations; and to provide for the classification of State administrative and non-business organizations.

b/ To evaluate or submit to the Prime Minister schemes on organization of advisory agencies of the Prime Minister; to evaluate schemes on adjustment of the organizational structures of ministries, ministerial-level agencies or agencies attached to the Government, the organizational structures of professional agencies under the People's Committees, which are submitted by the above-mentioned agencies to the Prime Minister.

6. Regarding organization of local administrations:

a/ To submit to the Government schemes on: principles and criteria for classification of administrative units; establishment, merger, division, split-up and adjustment of administrative units according to the provisions of law;

b/ To evaluate and submit to the Prime Minister for approval the results of elections of members of the provincial-level People's Committees;

c/ To uniformly manage the fostering of People's Council deputies in legal, State management and administrative management knowledge;

d/ To assist the Government or the Prime Minister in guiding and inspecting activities of the People's Councils according to the provisions of law. To attend meetings of the provincial-level People's Councils and People's Committees on related matters falling under the scope of its State management;

e/ To direct and guide the People's Committees in organizing elections of People's Council deputies according to the provisions of law;

f/ To guide and supervise the People's Committees at all levels in the mode of operation of the People's Committees;

g/ To guide and supervise the implementation of regimes and policies towards grassroots officials of communes, wards or townships;

h/ To organize the gathering of statistics on the quantity and quality of deputies of the People's Councils and members of the People's Committees at all levels; statistics on the number of administrative units at all levels.

7. Regarding administrative boundaries:

a/ To assume the prime responsibility and coordinate with the central State agencies and the local administrations in conducting basic research into administrative boundaries; to establish the principles for managing, delimiting and adjusting administrative boundaries;

b/ To submit to the Government schemes on the establishment, merger, division or adjustment of the boundaries of provinces or centrally-run cites; the establishment or dissolution of special economic-administrative units; to evaluate and submit to the Government for decision the establishment, merger, division or adjustment of the boundaries of units below the provincial level;

c/ To guide local administrations in settling disputes over the administrative boundaries of units below the provincial level;

d/ To synthesize and submit to the Government and the Prime Minister for consideration and settlement disputes over administrative boundaries on which opinions remain divergent;

e/ To manage administrative boundary dossiers of all levels.

8. Regarding State officials, employees and servants:

a/ To submit to the Government schemes on: assignment and decentralization of the management of State officials and employees as well as administrative and non-business State payrolls; training and fostering of State officials and employees as well as grassroots officials; salary policies and regimes, allowance and subsidy regimes and other regimes for State officials, employees and servants and people-elected officials (presidents and vice-presidents of the People's Committees at all levels), commune, ward or township officials; salaries of the armed forces and public servants holding managerial posts in State enterprises (including Managing Board members, general directors, deputy general directors, directors and chief accountants) and contractual laborers in the State administrative and non-business agencies;

b/ To submit to the Prime Minister schemes on the use, assessment, appointment, re-appointment, shifting, commendation and disciplining of State officials, employees and servants, and the structure of State employees' ranks in the State administrative agencies according to the provisions of law;

c/ To act as a permanent body in the reform of the State's policies on salary;

d/ To sum up the annual administrative and non-business payrolls of the State agencies; under the Prime Minister's authorization to decide on the assignment of the administrative payroll norms to the ministries, the ministerial-level agencies, the agencies attached to the Government, the provincial-level People's Committees as well as associations and non-governmental organizations with State payrolls, and stipulate the non-business payroll quotas for the ministries, the ministerial-level agencies, the agencies attached to the Government and the provincial-level People's Committees;

e/ To promulgate the regulations on titles and professional criteria of all public employees' ranks, recruitment of public employees, raising of their ranks, and appointment into such ranks; to guide and supervise the use, assessment, appointment, re-appointment, shifting, commendation and disciplining of State administrative officials and employees; to guide and supervise the implementation of the regulations on management of State officials and employees, regimes and policies towards elected officials (presidents and vice-presidents of the People's Committees at all levels) according to the provisions of law;

f/ To perform uniform management over the contents, programs, modes and organization of the training and fostering of State administrative officials and employees, the titles of administrative employees at all levels, grassroots officials, and pre-public duty training; teaching of ethnic minority languages for State officials and employees working in ethnic minority regions;

g/ To assess personnel for the titles of State officials and employees, who are nominated to the Prime Minister by the ministries, the ministerial-level agencies, the agencies attached to the Government, the provincial-level People's Committees or State enterprises; to decide on the appointment, reappointment, shifting, commendation and disciplining of officials and employees under its management according to its competence; to decide on the grading of employees into senior ranks;

h/ To organize the work of summing up and gathering statistics on the quantity and quality of State officials, employees and servants as well as high-ranking officials under the Prime Minister's management.

9. Regarding organization of associations and non-governmental organizations:

a/ To submit to the Government for promulgation the order and procedures for establishment, dissolution, and approval of the charters, of associations and non-governmental organizations;

b/ To guide and decide on the establishment, dissolution, and approval of the charters, of associations and non-governmental organizations operating on national or inter-provincial scale according to the provisions of law;

c/ To guide and supervise associations and non-governmental organizations in implementing their charters.

10. Regarding the State administrative reform:

a/ To submit to the Government general schemes on administrative reforms in each period and organize the implementation of administrative reform programs in the domain of organization of the State administrative apparatus and State officials, employees and servants;

b/ To evaluate administrative reform schemes submitted to the Prime Minister by the ministries, the ministerial-level agencies, the agencies attached to the Government or the provincial-level People's Committees;

c/ To act as a permanent body in the Government's administrative reform work.

11. On the work of State records and archives:

a/ To submit to the Government a scheme on management of national records and archives;

b/ To promulgate the regulations on management of records and archives under its management;

c/ To guide and inspect the State agencies in implementing the regulations on management of records and archives.

12. Regarding international cooperation:

a/ To carry out international cooperation activities, programs and projects of cooperation with foreign countries in the domain of State administrative reform according to the Government's stipulations;

b/ To undertake international cooperation in its domains according to the provisions of law;

c/ To assume the prime responsibility for organizing and implementing intra-ASEAN cooperation activities in the public-duty domain;

d/ To sum up and report periodically on international seminars and conferences according to its assigned function and tasks.

13. To supervise, inspect and settle complaints and denunciations, tackle corruption and negative acts, and handle law-breaking acts in the working domains falling under the scope of its competence.

14. To submit to the Government for stipulation the management and use of seals; to guide and supervise the use of seals of State agencies.

15. To organize and direct the implementation of plans on scientific research into State organization, administration science and the application of science and technology in its working domains.

16. To manage organizational structures and payrolls; to direct the implementation of the salary regime as well as entitlement, commendation and discipline regimes towards officials and employees under its management according to the provisions of law; to provide professional training and fostering for State officials, employees and servants under its State management.

17. To manage its assigned finance and assets and organize the execution of its allocated budget according to the provisions of law.

Article 3.- The Ministry's organizational structure

a/ Organizations assisting the Ministry in performing its State management function:

1. The Organization and Payroll Personnel Department;

2. The Local Administration Department;

3. The Department for State Employees and Servants;

4. The Department for Training and Fostering of State Officials and Employees;

5. The Salary Department;

6. The Department for Non-Governmental Organizations;

7. The Administrative Reform Department;

8. The International Cooperation Department;

9. The State Records and Archives Administration;

10. The Organization and Personnel Department;

11. The Inspectorate;

12. The Office (with resident offices in Ho Chi Minh city and Da Nang city).

b/ Non-business organizations attached to the Ministry:

1. The National Institute for Public Administration;

2. The Institute for Scientific Research into State Organization;

3. The State Organization Review;

4. The Informatics Center.

The Minister of the Interior shall submit to the Prime Minister for stipulation the functions, tasks, powers and organizational structures of the National Institute for Public Administration and the State Records and Archives Administration to replace current legal documents.

Article 4.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 181/CP of November 9, 1994 defining the functions, tasks, powers and organizational structure of the Government Commission for Organization and Personnel; Decree No. 34-HDBT of March 1, 1984 of the Council of Ministers defining the functions, tasks, powers and organization of the State Archives Institute; Decree No. 253-HDBT of July 6, 1992 of the Council of Ministers defining he functions, tasks, powers and organizational apparatus of the National Institute for Public Administration, and other regulations contrary to this Decree.

Article 5.- Implementation responsibilities

The Minister of the Interior, the other ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.