Nghị định 58/2014/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF HOME AFFAIRS

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

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.

Article 1. Position and functions

The Ministry of Home Affairs is a governmental agency, functioning to perform the state management of the following sectors and fields: state administrative and non-business organizations; local administrations, administrative boundaries; cadres, civil servants, public employees; training and retraining in administration and state management; associations, non-governmental organizations; emulation and commendation; religion; state records and archives; the youth, and state management of public services in the fields under its management as provided by law.

Article 2. Tasks and powers

The Ministry of Home Affairs shall perform the tasks and exercise the powers prescribed in the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committees and draft resolutions and decrees of the Government under the Ministry’s approved annual legislative programs and plans as well as projects and schemes as assigned by the Government or the Prime Minister; development strategies, long-term, five-year and annual development master plans and plans, and important national projects and works in the sectors and fields under the Ministry of Home Affairs’ management.

2. To submit to the Prime Minister draft decisions, directives and other documents of the sectors and fields managed by the Ministry of Home Affairs or as assigned.

3. To promulgate circulars, decisions, directives and other documents within the scope of the Ministry’s state management; and to guide and examine the implementation of these documents.

4. To direct, guide, examine and organize the implementation of promulgated legal documents, development strategies, long-term, five-year and annual development master plans and plans and approved important national projects and works within the scope of the Ministry’s state management; to inform, propagate, disseminate and educate laws within the scope of the Ministry’s state management.

5. Regarding state administrative and non-business organizations:

a/ To submit to the Government schemes on the organizational structure of the Government according to the National Assembly’s terms; schemes and draft decrees of the Government on the establishment, merger, consolidation, division, separation and dissolution of ministries, ministerial- level agencies and government-attached agencies; draft decrees defining the organization of specialized agencies of People’s Committees; draft decrees prescribing the decentralization of organizational management of the state administrative and non-business apparatus;

b/ To appraise draft governmental decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies; to appraise schemes on the establishment, merger, dissolution and reorganization of general departments and the equivalents which are submitted to the Government by ministries or ministerial-level agencies; to appraise draft prime ministerial decisions defining the functions, tasks, powers and organizational structures of general departments and the equivalents under ministries or ministerial-level agencies; to appraise schemes and draft prime ministerial decisions on the establishment, merger, dissolution and reorganization of state administrative and non-business organizations as well as inter-sectoral consultancy or coordination organizations which are submitted to the Prime Minister by ministries, ministerial- level agencies, government-attached agencies or provincial-level People’s Committees;

c/ To assume the prime responsibility for, and coordinate with the Government Office, ministries, ministerial-level agencies and government-attached agencies in, the final review of governmental decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or government-attached agencies before submitting them to the Prime Minister for signing and promulgation;

d/ To guide general criteria for classification and rating of state administrative and non- business organizations in accordance with law;

dd/ To assume the prime responsibility for, or coordinate with line ministries in, promulgating joint circulars providing general guidance on the functions, tasks, powers and organizational structures of specialized agencies of the People’s Committees of provinces or centrally run cities and the People’s Committees of rural districts, urban districts, towns or provincial cities:

e/ To guide and examine the review of the functions, tasks and powers of ministries, ministerial-level agencies and government-attached agencies; to synthesize and report to the Government for decision adjustments to the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or government-attached agencies.

6. Regarding local administrations:

a/ To submit to the Government for promulgation regulations on classification of administrative units at different levels; establishment, merger, division, separation, land- boundary adjustment and renaming of administrative units at all levels; establishment, renaming, merger, division, separation and dissolution of centrally run special administrative-economic units; and policies for commune-level cadres and civil servants;

b/ To appraise and propose the Prime Minister to ratify results of election of members of provincial-level People’s Committees;

c/ To assist the Government and the Prime Minister in guiding and inspecting activities of provincial-level People’s Councils in accordance with law. To attend periodical sessions of provincial-level People’s Councils and, when necessary, attend meetings of provincial-level People’s Committees to discuss the building of administrations, management of administrative boundaries and whole-term and annual work programs of provincial-level People’s Committees;

d/ To guide the election of deputies to the National Assembly and People’s Councils in accordance with law;

dd/ To guide and inspect activities of People’s Committees at all levels in terms of operation mode; and implementation of regimes and policies for commune-level cadres and civil servants;

e/ To make statistics on the numbers and quality of People’s Council deputies and People’s Committee members at all levels; and the number of administrative units at all levels.

7. Regarding administrative boundaries and classification of administrative units:

a/ To appraise and submit to the Government plans on establishment, merger, division, separation, land-boundary adjustment or renaming of administrative units at different levels; establishment, merger, division, separation or dissolution of centrally run special administrative- economic units; and elevation of the administrative management level of urban centers of provinces;

b/ To submit to the Prime Minister for decision the classification of provincial-level administrative units;

c/ To decide on the classification of district-level administrative units; to guide provincial- level People’s Committees in classifying commune-level administrative units;

d/ To guide and inspect the implementation of legal provisions on management, delimitation and adjustment of administrative boundaries; to assume the prime responsibility for formulating plans on settlement of administrative boundaries and submitting them to the Prime Minister for consideration and decision; to synthesize and submit to the Government or the Prime Minister for consideration and settlement administrative boundary-related matters about which opinions remain divergent;

dd/ To manage administrative boundary records at all levels.

8. Regarding payroll management:

a/ To decide on the assignment of civil servant payrolls, overseas payrolls of organizations under ministries or ministerial-level agencies and civil servant payrolls of provincial-level People’s Committees after the Prime Minister approves annual total civil servant payrolls;

b/ To supplement civil servant payrolls of ministries, ministerial-level agencies and provincial-level People’s Committees within the total reserve payroll after obtaining the Prime Minister’s approval;

c/ To assign overseas payrolls to organizations of government agencies and civil servant payrolls to associations using the state payrolls after obtaining the Prime Minister’s approval;

d/ To summarize and report to the Government and the Prime Minister on the civil servant payroll and the number of civil servants of state agencies and public non-business units nationwide.

9. Regarding cadres, civil servants and public employees:

a/ To guide and inspect the implementation of the planning of leading and managerial cadres, civil servants and public employees of ministries, ministerial-level agencies and government-attached agencies; to summarize and report to the Prime Minister on the planning of cadres, civil servants, public employees and other leading and managerial title holders under the Prime Minister’s competence; to guide and inspect the implementation of master plans, plans and programs on building the contingents of cadres, civil servants and public employees;

b/ To guide and inspect the implementation of regulations of the Government and the Prime Minister on recruitment, employment and management of holders of working positions, rank appointment, transfer and promotion, change of professional titles, assessment, appointment, re-appointment, transfer, rotation, secondment, cessation of holding of positions, resignation, relief from duty, disciplining, dismissal, retirement, morality, public-relation culture of cadres, civil servants and public employees as well as other contents of management of cadres, civil servants and public employees as provided by law; to ensure the principle of gender equality as provided by law;

c/ To guide and inspect the implementation of the Government’s regulations on office titles and criteria of leading and managerial cadres, civil servants and public employees from the posts of section head or equivalent to deputy minister or equivalent of ministries, ministerial-level agencies and government-attached agencies; and from the posts of section head or equivalent of district-level People’s Committees to the posts of provincial-level department director or equivalent of provincial-level People’s Committees;

d/ To define civil-servant ranks and rank codes and professional titles of public employees; to promulgate, and guide and inspect the implementation of, standards on civil servant ranks, standards on public employees’ professional titles; structure of civil servant ranks; management of records of cadres, civil servants and public employees; professional title-based structure of public employees; numeral signs, card and card-wearing regulations of civil servants and public employees; outfits of cadres and civil servants;

dd/ To assume the prime responsibility for organizing examinations for civil-servant rank promotion from the specialist rank or equivalent to the principal-specialist rank or equivalent and from the principal specialist rank or equivalent to the senior-specialist rank or equivalent in state agencies and state non-business units; to coordinate with the Organizational Commission of the Party Central Committee in organizing examinations for civil servant rank promotion from the specialist rank or equivalent to the principal-specialist rank or equivalent and from the principal-specialist rank or equivalent to the senior-specialist rank or equivalent in agencies and non-business units of the Communist Party of Vietnam and socio-political organizations; to coordinate with ministries, ministerial-level agencies or government-attached agencies in organizing examinations for, or consideration of, promotion of professional titles of civil servants; to decide on appointment of senior-specialists or holders of equivalent professional titles according to its competence; to inspect and supervise the civil-servant rank promotion and change of professional titles of public employees;

e/ To appraise draft legal documents on professional and skill standards of public employees’ professional titles, structure of public employees’ professional titles, assessment, content and form of recruitment examination, consideration, promotion of professional titles of specialized public employees for promulgation by ministers or heads of ministerial-level agencies managing the specialized-civil servant ranks;

g/ To appraise personnel for cadre, civil-servant and public-employee titles and other leading and managerial titles to be decided and approved by the Prime Minister as prescribed by law;

h/ To implement policies for high-ranking officials as assigned and decentralized;

i/ To build and manage a national database on cadres, civil servants, public employees, commune-level cadres and civil servants, and cadres who are appointed by the Prime Minister; to organize the management of records of cadres, civil servants and public employees as decentralized;

k/ To guide, inspect and organize the implementation of the Government’s regulations on female staff planning and source creation, and percentage of female staff for appointment to different titles in state agencies; to collect and synthesize national statistical norms on female staff-related work.

10. Regarding framing and retraining of cadres and civil servants:

a/ To guide and inspect the implementation of master plans and plans on training and refraining of cadres and civil servants at home and overseas, and commune-level cadres and civil servants and People’s Council deputies at all levels;

b/ To guide the Government’s regulations on organization of cadre and civil servant training and refraining institutions of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

c/ To uniformly manage the systems of training and refraining programs for cadres, civil servants and People’s Council deputies at all levels and commune-level cadres and civil servants;

d/ To provide training and refraining in state management knowledge and skills for home- affairs cadres and civil servants; to assume the prime responsibility for, and coordinate with other ministries and sectors in, training and retraining in state management knowledge and skills for People’s Council deputies at all levels and commune-level cadres and civil servants;

dd/ To distribute, guide and inspect the annual cadre and civil servant training and retraining after they are approved by competent authorities; to summarize and report tò the Prime Minister on results of cadre and civil servant training and retraining;

e/ To formulate and promulgate, and guide, inspect and organize the implementation of, master plans on human resources for the home affairs sector; to train graduate and post- graduate human resources in the fields managed by the Ministry of Home Affairs;

g/ To train and retrain holders of civil servant titles from the principal specialist rank and equivalent and higher rank in party and state agencies and public non-business organizations in the political system and in enterprises; to train and retrain civil, servants and public employees before they are appointed to leading and managerial positions at different levels;

h/ To train and refrain lecturers, researchers and other subjects in administration and state management;

i/ To provide professional training and training for cadres and civil servants in charge of office and state administration work in the political system.

11. Regarding wage policies:

a/ To guide the implementation of regulations of the Government and the Prime Minister on wage policies and regimes (minimum wages; wage tables; wage ranks and grades; allowance regimes; management of wages and incomes); other policies and regimes applicable to state cadres, civil servants and public employees from the central to commune level; wages for the armed forces and contractual employees in state agencies and state non- business organizations;

b/ To guide the application of wage ranks and grades to cadres or civil servants managing state enterprises; officers, professional armymen and combatants of the armed forces when they are transferred or rotated to work at state administrative or non-business agencies;

c/ To guide and inspect the implementation of policies and regimes on wages, allowances, subsistence allowances and bonuses applicable to state cadres, civil servants, public employees, members of the armed forces and contractual employees in state administrative and non-business agencies; the wage grade raising for cadres, civil servants and public employees in accordance with law; and the arrangement of wage coefficients for cadres, civil servants and public employees appointed to the senior specialist rank or equivalent;

d/ To act as the standing body of the Steering Committee for Research and Reform of State Wage Policies.

12. Regarding associations and non-governmental organizations:

a/ To assist the Government in unifying the state management of associations and non- governmental organizations;

b/ To guide the implementation of the Government’s regulations on the order of and procedures for the establishment, division, separation, merger, consolidation and dissolution, approval of the charters and licensing of domestic associations and non-governmental organizations;

c/ To decide on the establishment, division, separation, merger, consolidation and dissolution; and approval of the charters and licensing of national or inter-provincial associations and non-governmental organizations in accordance with law;

d/ To guide and inspect in accordance with law on associations and non-governmental organizations in implementing legal provisions on associations and non-governmental organizations; and in implementing their charters.

13. Regarding emulation and commendation:

a/ To guide the implementation of the State’s and the Government’s regulations on emulation organization, emulation titles and emulation title criteria; forms of commendation, subjects eligible for commendation and commendation criteria; competence to decide on and confer rewards and commendation proposal procedures and dossiers; rights and obligations of commended individuals and collectives; and handling of violations;

b/ To organize and guide the implementation of emulation movements and commendation policies of the Party and the State; to provide professional guidance on emulation and commendation work for different sectors and levels;

c/ To appraise commendation proposal dossiers submitted by agencies and organizations to the Prime Minister for decision or for further submission to the President for decision on commendation in accordance with law;

d/ To regulate the cancellation of commendation decisions, and the withdrawal, grant and change of rewards in kind under decisions of competent authorities. To take responsibility for preparing in-kind rewards accompanying different forms of commendation of the President, the Government and the Prime Minister;

dd/ To mobilize financing sources for and manage and use the central emulation and commendation fund; to direct, guide and inspect the management of emulation and commendation funds of sectors and levels;

e/ To act as the standing body of the Central Emulation and Commendation Council.

14. Regarding religion-related work:

a/ To promulgate according to its competence or assume the prime responsibility for, and coordinate with ministries, sectors and central agencies of socio-political organizations and other related organizations in, advising and submitting to competent authorities for promulgation, and organizing the implementation of, policies and law on religion and religion-related work;

b/ To provide professional guidance on religion-related work for related sectors, levels and localities;

c/ To perform the unified management of the publishing of purely religious publications, books of rites, works, teaching documents and cultural products of licensed religious institutions;

d/ To guide religions to operate in accordance with law;

dd/ To implement and guide religious organizations, believers, people and dignitaries in international cooperation on religious issues in accordance with law; to act as the coordinator for domestic and international religious organizations.

15. Regarding state records and archives:

a/ To formulate schemes and projects on search for, collection, improvement, protection, preservation, insurance, exploitation and use of archival materials and organize the implementation thereof after they are approved by competent authorities;

b/ To guide and inspect state agencies in implementing regulations on management of records and archives;

c/ To carry out professional processes to search for, collect, supplement, protect, preserve and insure archival materials; to organize the declassification, announcement, introduction, exhibition, display, exploitation and use of archival materials preserved at national archive centers;

d/ To perform the unified management of records and archival statistics nationwide;

dd/ To archive digital information in state agencies.

16. Regarding state administrative reform:

a/ To formulate general programs, plans and schemes on state administrative reform in each period for submission to competent authorities for decision; to act as the Government’s standing body for administrative reform;

b/ To advise and propose the Government or the Prime Minister to decide on undertakings, policies and solutions for stepping up state administrative reform;

c/ To assume the prime responsibility for implementing contents of organizational reform of the administrative apparatus and reform of civil servants and official duties;

d/ To guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in making annual plans for administrative reform and preparing annual budget estimates;

dd/ To verify tasks specified in annual budget estimates for administrative reform objectives and contents of ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees for sending to the Ministry of Planning and Investment and the Ministry of Finance for summarization and submission to the Prime Minister for approval within the annual state budget estimates of these agencies;

e/ To appraise pilot administrative reform schemes which are prepared and submitted to the Prime Minister by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

g/ To guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in making quarterly, biannual and annual reports on administrative reform;

h/ To make quarterly, biannual and annual reports on administrative reform for presentation at government meetings;

i/ To develop and promulgate, and guide the implementation of, a set of indicators for monitoring and evaluating administrative reforms at ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

k/ To assume the prime responsibility for developing and applying methods of measurement of the levels of satisfaction of individuals and organizations with administrative services provided by state administrative agencies;

l/ To organize training for full-time administrative reform cadres and civil servants in ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

m/ To assume the prime responsibility for public information work on administrative reform.

17. Regarding implementation of the Regulation on grassroots democracy:

To guide and inspect the implementation of the Regulation on grassroots democracy in communes, wards, townships, state administrative and non-business agencies and state enterprises in accordance with law.

18. Regarding international cooperation:

a/ To guide the implementation of the Government’s and the Prime Minister’s regulations on the organization of international conferences and workshops related to the fields under the Ministry’s state management; to make periodical review reports on international conferences and workshops related to the fields under the Ministry’s state management;

b/ To manage and organize international cooperation in the fields under the Ministry’s state management as prescribed by the Government;

c/ To reach agreement with ministries, sectors and localities on organization of international and national conferences and workshops and conferences and workshops chaired by the Prime Minister or Deputy Prime Ministers which are related to contents and fields under the Ministry’s state management;

d/ To assume the prime responsibility for, and coordinate with related agencies in, official-duty cooperation with ASEAN countries.

19. Regarding state management of youth affairs:

a/ To assume the prime responsibility for, guide and inspect the implementation of legal documents, strategies and programs on youth development and youth affairs;

b/ To guide the incorporation of mechanisms and policies for the youth in master plans, plans and target programs of different levels and sectors;

c/ To conduct preliminary and final reviews of, and report to the Government or the Prime Minister on, the implementation of the law on youth.

20. To provide public services in the fields under the Ministry’s state management in accordance with law.

21. To inspect and examine the settlement of complaints and denunciations, prevention and combat of acts of corruption and negative practices and handling of violations in the sectors and fields under the Ministry’s state management; to inspect the performance of tasks and powers of cadres, civil servants as defined in the Law on Cadres and Civil Servants; to inspect the recruitment, employment and management of public employees under the Law on Public Employees and other relevant regulations; to inspect the recruitment, appointment, training, retraining, transfer, rotation, secondment, relief from duty, assessment, dismissal, retirement, commendation and disciplining of civil servants, public-relation ethics and culture in the course of official-duty performance of civil servants falling under the Ministry’s state management; to coordinate with the Ministry of Finance in inspecting the assurance of conditions for official duties.

22. To assume the prime responsibility for, and coordinate with ministries and sectors in, settling proposals of state agencies and socio-political organizations as assigned by the Government or the Prime Minister.

23. To guide and examine the permission for agencies and organizations to use seals as well as the management and use of seals in accordance with law.

24. To organize and direct the implementation of plans on scientific research and application in the fields under the Ministry’s state management.

25. To organize and direct the application of information technology and data and statistics according to the fields under the Ministry’s management.

26. To manage the organizational apparatus, payroll of civil servants, the number of public employees; administrative reform; to decide on the appointment, reappointment, transfer, rotation, resignation, relief from duty, secondment, commendation, disciplining, dismissal and retirement; to direct the implementation of wage regimes and preferential regimes and policies toward cadres, civil servants and public employees under the Ministry’s management in accordance with law; to organize professional training and retraining for cadres, civil servants and public employees under the Ministry’s management.

27. To manage the assigned finance and assets and organize the use of allocated budget funds in accordance with law.

28. To perform other tasks and powers delegated by the Government or the Prime Minister and prescribed by law.

Article 3. Organizational structure

1. The Organization and Payroll Department.

2. The Local Administrations Department.

3. The Civil Servants and Public Employees Department.

4. The Civil Servant and Public Employee Training and Retraining Department.

5. The Wage Department.

6. The Non-Governmental Organizations Department.

7. The Administrative Reform Department.

8. The International Cooperation Department.

9. The Legal Affairs Department.

10. The Planning and Finance Department.

11. The General Affairs Department.

12. The Youth Affairs Department.

13. The Organization and Personnel Department.

14. The Ministry’s Inspectorate.

15. The Ministry’s Office (with its representative offices in Ho Chi Minh City and Da Nang city).

16. The Central Emulation and Commendation Committee.

17. The Government Committee for Religious Affairs.

18. The State Records and Archives Department of Vietnam.

19. The National Academy of Public Administration.

20. The State Organization Science Institute.

21. Hanoi University of Home Affairs.

22. The State Organization Review.

23. The Information Center.

24. The Cadres and Civil Servants Training School.

In this Article, the units mentioned in Clauses 1 thru 18 are administrative units assisting the Minister in performing the state management function; the units mentioned in Clauses 19 thru 23 are non-business units serving the Ministry’s state management function.

The Minister of Home Affairs shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structures of the Central Emulation and Commendation Committee, the Government Committee for Religious Affairs and the National Academy of Public Administration and decisions promulgating a list of other existing non-business units under the Ministry.

The Minister of Home Affairs shall define the functions, tasks, powers and organizational structures of units under the Ministry, excluding the units mentioned in Clauses 16, 17 and 19 of this Article.

The Organization and Payroll Department has 2 sections; the Local Administrations Department, 4 sections; the Civil Servants and Public Employees Department, 1 section; the Planning and Finance Department, 3 sections; the Ministry Inspectorate, 3 sections; and the Ministry’s Office, 9 sections and representative offices in Ho Chi Minh City and Da Nang city.

Article 4. Transitional provisions

The National Academy of Public Administration shall comply with current regulations until the Prime Minister promulgates a decision defining the functions, tasks, powers and organizational structure of the Academy.

Article 5. Effect

1. This Decree takes effect on August 5, 2014.

2. This Decree replaces the Government’s Decree No. 61/2012/ND-CP of August 10, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs; and annuls all previous provisions contrary to this Decree.

Article 6. Implementation responsibility

The Minister of Home Affairs, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-