Nghị định 123/2016/ND-CP

DECREE

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

Pursuant to the June 19, 2015 Law on Organization of the Government;

At the proposal of the Minister of Home Affairs,

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree generally provides the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below collectively referred to as ministries); tasks, 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 sectors or fields must comply with decrees defining their functions, tasks, powers and organizational structures.

3. The provisions of this Decree on the organizational structures of ministries do not apply to the Ministry of National Defense and the Ministry of Public Security.

4. The names of ministries and the names of organizations and units of 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 one or several sectors or fields and public services within these sectors or fields nationwide.

Article 3. Ministers

1. Ministers are members of the Government, act as heads of then ministries, and shall lead the work of their ministries; shall perform the state management of assigned sectors or fields; and shall organize and monitor the implementation of laws concerning assigned sectors or fields nationwide.

2. Ministers shall work under the regime of headship and the working regulation of the Government, ensuring the principle of democratic centralism.

Article 4. Deputy Ministers and Deputy Heads of ministerial-level agencies

1. Deputy Ministers and Deputy Heads of ministerial-level agencies (below collectively referred to as Deputy Ministers) shall assist Ministers in performing one or several tasks as assigned by Ministers, and be answerable to Ministers and responsible before law for their assigned tasks. A Deputy Minister may not act concurrently as a head of an organization or unit of his/her ministry, except special cases.

In the absence of a Minister, a Deputy Minister authorized by the Minister shall administer and settle on the latter’s behalf affairs of his/her ministry.

2. The number of Deputy Ministers must comply with the Law on Organization of the Government.

Article 5. Principles of organization and operation of ministries

1. To clearly define tasks, powers and responsibilities of ministries and Ministers; to uphold the personal responsibility of Ministers for all activities of their ministries.

2. To organize working apparatuses of ministries as institutions capable of multi-sector management and in a neat, effective and efficient manner; to establish a new institution only when the law-prescribed conditions are satisfied.

3. To clearly define tasks and powers of agencies, organizations and units of a ministry, ensuring that their tasks are neither overlapped nor omitted.

4. To ensure publicity, transparency and modernity of operations of ministries.

Chapter II

TASKS AND POWERS OF MINISTRIES

Article 6. Regarding 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 its annual law-making programs and plans, as well as resolutions, projects and schemes as assigned by the Government or Prime Minister.

2. To submit to the Government for comment draft laws and draft ordinances submitted to the National Assembly or National Assembly Standing Committee by agencies, organizations or National Assembly deputies which are related to sectors and fields under the ministries’ management.

3. To submit the Government for decision measures to organize the implementation the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the President as assigned by the Government or Prime Minister.

4. To submit to the Prime Minister draft decisions, directives and other documents as assigned.

5. To promulgate circulars and other documents on the state management of sectors or fields under their state management; to guide and inspect the implementation of such documents.

6. To promulgate joint circulars between them and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy to regulate their coordination in the performance of legal proceedings within the scope of their state management.

7. To direct and organize the law propagation, dissemination and education activities under their state management.

8. To examine legal documents promulgated by ministries, provincial-level People’s Councils and People’s Committees relevant to sectors and fields under their state management; if detecting that regulations promulgated by those agencies show signs of contravening legal documents concerning sectors or fields under their management, to propose the handling thereof in accordance with law.

Article 7. Regarding strategies, master plans and plans

1. To submit to the Government or Prime Minister long-term, medium-term and annual development strategies, master plans and plans as well as projects and works of national importance in sectors and fields under their management in accordance with law; to publicize approved strategies, master plans and plans (except those containing state secrets) and direct the implementation thereof.

2. To appraise the contents of pre-feasibility study and feasibility study reports on programs, projects and schemes in sectors and fields under their management; to approve and decide on investment projects within their competence in accordance with law.

Article 8. Regarding international cooperation

1. To submit to the Government for decision policies and measures to promote and expand relations with foreign countries and international organizations; the signing, ratification and approval of, or accession to, and measures to secure the implementation of, treaties in the name of the State or Government regarding the sectors or fields under their 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 their state management of relevant sectors or fields.

3. To join in international organizations as assigned by the Government; to conclude, and organize the implementation of, international agreements in their own name in accordance with law; to organize international cooperation in order to increase the effectiveness and efficiency of their operation.

Article 9. Regarding administrative reforms

1. To submit to the Government or Prime Minister for decision the decentralization of tasks of state management of sectors or fields to the local administrations.

2. To decide on decentralization of powers to, or authorization for, local administrations to perform one or several tasks and exercise one or several powers within their competence.

3. To decide on, and organize the implementation of, administrative reform plans, publicize administrative procedures in their sectors or fields; to decide on decentralization of powers to, or authorization for, its attached agencies and units to perform one or several tasks or exercise one or several powers within their competence.

4. To reform their organizational apparatuses to be more streamlined and rational and have fewer focal points, yet capable of fully embracing their functions, tasks and powers as assigned by the Government.

5. To renew working styles, modernize working offices, practice the civilized office culture and apply scientific research outcomes and technologies to their operation.

Article 10. Regarding the state management of public non-business services in sectors or fields

1. To submit to the Government for promulgation mechanisms and policies on the provision of public non-business services and the socialization of provision of public non- business services; and the autonomy mechanism applicable to public non-business units under their management.

2. To submit to the Prime Minister master plans on networks of public non-business units in sectors or fields; and a list of public non-business services funded by the state budget under their management.

3. To promulgate techno-economic norms for application in public non-business services; to provide the bidding, placement of orders and assignment of tasks for the provision of public non-business services under their management.

4. To provide criteria and standards of quality of public non-business services; mechanisms for quality supervision, assessment and inspection of public non-business services and operational effectiveness of public non-business units under their management.

5. To guide the implementation of policies and laws toward, and support, public non-business service providers in sectors and fields under their management in accordance with law.

Article 11. Regarding enterprises, cooperatives and other collective or private economic establishments

1. To submit to the Government for promulgation mechanisms and policies to encourage and support, and programs and strategies for orientation of, the development of enterprises and cooperatives and other collective or private economic establishments in all economic sectors in sectors and fields under their management.

2. To inspect the implementation of regulations on conditional business lines and services in accordance with law, and handle violations according to their competence.

Article 12. Regarding associations and non-governmental organizations

1. To recognize boards campaigning for the establishment of associations or non- governmental organizations that operate nationwide or within inter-provincial regions; to give written opinions to competent state agencies regarding the permission for the establishment, separation, splitting, merger, consolidation, dissolution, renaming and approval of charters, of associations or non-governmental organizations in accordance with law.

2. To guide and create conditions for associations and non-governmental organizations to participate in activities in sectors and fields under their state management.

3. To inspect and examine and handle violations of the law on associations in the sectors and fields under their state management or propose competent state agencies to handle such violations in accordance with law.

Article 13. Regarding organizational apparatuses, civil servant payrolls and number of non-business public employees

1. To submit to the Government for defining the functions, tasks, powers and organizational structures of the ministries and government-attached agencies under their management.

To submit to the Government for decision the establishment, reorganization and dissolution of general departments and equivalent bodies (below collectively referred to as general departments), departments, bureaus/agencies/authorities and equivalent bodies under ministries.

2. To submit to the Prime Minister for decision the establishment, reorganization and dissolution of public non-business units within the Prime Minister’s deciding competence; the functions, tasks, powers and organizational structures of general departments under ministries.

3. To decide on the establishment, reorganization and dissolution of public non- business units within their competence in accordance with law.

4. To guide the classification and rating of public non-business units in sectors and fields under their management.

5. To define the functions, tasks, powers and organizational structures of their departments, bureaus/agencies/authorities, inspectorates, offices and public non-business units; sub-bureaus/agencies/authorities and public non-business units under bureaus/agencies/authorities; departments, bureaus/agencies/authorities, offices and public non- business units under general departments in accordance with law.

6. To guide the functions, tasks, powers and organizational structures of specialized agencies of People’s Committees of provinces and centrally run cities and People’s Committees of districts, towns, provincial cities and minicipal cities in sectors and fields under their management.

7. To guide lists of working positions and rank-based structures of civil servants and professional title-based structures of public employees of agencies, organizations and public non-business units in assigned sectors and fields.

8. To decide on lists of working positions, professional title-based structures of public employees and the number of public employees on the basis of the assigned number of public employees of their public non-business units in accordance with law; to decide on the assignment of civil servant payrolls to their agencies and organizations.

Article 14. Regarding cadres, civil servants and public employees

1. To submit to the Prime Minister for decision the appointment, relief from duty, dismissal, permission for resignation or suspension from work of Deputy Ministers.

2. To provide professional standards of civil servant ranks, criteria for professional titles of public employees in sectors and fields under their management after reaching agreement with the Ministry of Home Affairs.

3. To provide criteria for leading and managerial titles of their agencies and units; to guide criteria for leading and managerial titles of specialized agencies of provincial-level People’s Committees.

4. To manage their cadres, civil servants, public employees and employees in accordance with law. To take specific measures to enhance the administrative discipline and order among their cadres, civil servants, public employees and employees; to practice thrift, combat waste and prevent and combat corruption, red tape and authoritarianism in their organizations and units.

5. To formulate, and organize the implementation of, plans on training and retraining of cadres, civil servants, public employees and workers, and the recruitment, employment, transfer, rotation, secondment, retirement, salary payment, commendation, rewarding and disciplining and other regulations applicable to their cadres, civil servants, public employees and workers in accordance with law.

Article 15. Regarding examination and inspection

1. To examine and inspect the implementation of policies and laws on sectors and fields under their state management.

2. To examine and inspect the ministries, government-attached agencies and People’s Committees at all levels in the implementation of laws on sectors and fields under their state management.

3. To settle complaints, denunciations and petitions of organizations and individuals related to sectors and fields under their state management; to receive citizens in accordance with law.

Article 16. Regarding financial and property management

1. To elaborate annual budget estimates and allocate, manage and finalize their annual budgets; to inspect the implementation of the budgets in their assigned sectors and fields according to the Law on the State Budget.

2. To coordinate with related agencies in elaborating regimes, standards and norms of budget expenditure in sectors and fields under their management.

3. To manage, and take responsibility for, state property assigned to them in accordance with to law.

Chapter III

ORGANIZATIONAL STRUCTURES OF MINISTRIES

Article 17. Organizational structure of a ministry

1. Organizational structure of a ministry consists of:

a/ Departments;

b/The Office;

c/ The Inspectorate;

d/ Bureaus/agencies/authorities (if any);

dd/ General departments (if any);

e/ Public non-business units.

2. Public non-business units shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of each ministry, including:

a/ Sector or field strategy and policy research units;

b/ Newspapers; journals; information centers;

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

3. The number of deputy heads of the Office, the Inspectorate, a department, bureau/ agency/authority, general department or public non-business unit must comply with the Law on Organization of the Government.

Article 18. Departments of a ministry

1. A department is an institution of a ministry, functioning to give general or specialized advices on the state management of sectors or fields or advice on internal administration work of the ministry.

2. A department has no legal entity status, its own seal and account. The director of a department may only sign documents under the order of the Minister to guide, settle and notify professional issues related to the functions and tasks of his/her department.

3. No divisions may be organized within a department. For a department in charge of different working domains or affairs or performing a heavy workload, the ministry shall submit the Government for decision the number of divisions within the department in the decree defining the functions, tasks and powers and organizational structure of the ministry.

4. A department shall operate on the basis of headship regime combined with expert regime.

5. The establishment of a department must satisfy the following criteria (except the department advising on internal administration of the ministry):

a/ Having the function and task of advising on the state management of the sectors or fields within the functions and tasks of the ministry;

b/ Having management scope and objects within sectors or fields under the ministry’s management.

Article 19. The Office of a ministry

1. The Office is an institution of a ministry, functioning to give general advice on working programs and plans and serve operations of the ministry; and assist the Minister in summarizing, monitoring and urging institutions and units of the ministry to implement such programs and plans.

2. The Office shall perform tasks related to administrative, clerical and archival work; manage physical and technical foundations, assets and operation fund, and ensure working facilities and conditions; provide general services for operations of the ministry and its internal administration work; and perform other tasks prescribed by law or assigned by the Minister.

3. The Office may establish divisions suitable to its assigned tasks. The number of divisions of the office shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of the ministry.

4. The Office has its own seal; the chief of the office may sign administrative documents under the order of the Minister as assigned by the Minister; the chief of the office may sign documents on issues within the office’s competence and append the office’s seal on such documents.

Article 20. The Inspectorate of a ministry

1. The Inspectorate is an institution of a ministry, functioning to assist the Minister in the state management of inspection work; settling complaints and denunciations and preventing and combating corruption; and inspecting, settling complaints and denunciations and preventing and combating corruption in sectors or fields under the ministry’s state management in accordance with law.

2. Tasks and powers of the Inspectorate must comply with the law on inspection.

3. The Inspectorate has its own seal and account; and may establish professional divisions in accordance with law. The number of divisions shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of the ministry.

4. The chief inspector may sign administrative documents under the order of the Minister as assigned by the Minister and sanction administrative violations in accordance with the law on handling of administrative violations; the chief inspector may sign documents on issues within the Inspectorate’s competence and append the Inspectorate’s seal on such documents in accordance with the law on inspection.

Article 21. Bureaus/agencies/authorities of a ministry

1. A bureau/agency/authority is an institution of a ministry, functioning to give general advice and settle specific issues in one or several fields and assist the Minister in the state management and implementation of laws in sectors and fields under the ministry’s state management under the decentralization of powers or authorization by the Minister.

A ministry that manages physical and technical foundations in its central-to-local system may establish a bureau/agency/authority to perform internal administration.

2. A bureau/agency/authority has the legal entity status and its own seal and account; the director of a bureau/agency/authority may issue documents of specific application and documents providing professional guidance on the specialized sector or field under its management.

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

a/ Having objects of management in the specialized sectors or fields under the ministry’s state management in accordance with specialized laws;

b/ Being decentralized or authorized by the Minister to decide on issues within the scope of state management of the specialized sectors or fields.

4. A bureau/agency/authority consists of:

a/ Divisions;

b/The Office;

c/ Sub-bureaus/sub-agencies/sub-authorities (if any);

d/ Public non-business units (if any).

The number of the institutions prescribed at Points a, b and c of this Clause shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of the ministry.

Article 22. General departments of a ministry

1. A general department is an institution of a ministry, functioning to advise and assist the Minister in the state management and implementation of laws on large and complex specialized sectors or fields nationwide under the decentralization of powers or authorization by the Minister.

2. A general department has the legal entity status and its own seal and account. The general director may issue documents of specific application and documents providing professional guidance on the specialized sectors or fields under the general department’s management.

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

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

b/ The specialized sector or field must be managed in a centralized and uniform manner at the central level;

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

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

a/ Departments;

b/ The Office;

c/ Bureaus/agencies/authorities (if any);

d/ Public non-business units (if any).

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

For a general department organized according to a professional hierarchy, the establishment of its departments and sub-bureaus/sub-agencies/sub-authorities of such departments (if any) in localities shall be prescribed in the decision defining the functions, tasks, powers and organizational structure of the general department.

Article 23. Public non-business units of a ministry

1. The establishment, reorganization and dissolution of a public non-business unit must comply with the Government’s regulations and specialized laws.

2. A public non-business unit has no state management function.

3. A public non-business unit enjoys autonomy in the performance of their tasks, organizational apparatus, personnel and finance in accordance with law.

4. A public non-business unit has the legal entity status, its own seal and account.

Chapter IV

TASKS, POWERS AND RESPONSIBILITIES OF MINISTERS

Article 24. Tasks and powers of ministers toward their ministries

1. To lead, direct and take personal responsibility for all aspects of work of their ministries; to direct units of their ministries in implementing approved strategies, master plans, plans, programs and projects, and perform tasks of their ministries assigned by the Government.

2. To promulgate according to their competence or submit to the Government or Prime Minister for promulgation legal documents and policies on development of their ministries’ assigned sectors and fields; to guide, review and organize the implementation of such documents.

3. To carry out the recruitment, appointment, relief from duty, dismissal, permission for resignation, suspension from the work, transfer, rotation, evaluation, planning, training, retraining, commendation, rewarding and disciplining of civil servants and public employees, and decentralize powers for management of civil servants and public employees to attached organizations and units in accordance with law.

4. To decide on decentralization of powers and authorization to attached organizations or units.

5. To decide on programs on scientific and technological research, and application of scientific or technological advances; standards, processes, regulations and technical- economic norms of sectors and fields according to their competence.

6. To decide on the establishment of interdisciplinary coordination organizations in accordance with law.

7. To decide on the appointment, relief from duty, dismissal, permission for resignation or suspension from work of general directors of general departments after receiving the Prime Minister’s opinions.

8. To decide on the appointment, relief from duty, dismissal, permission for resignation, suspension from work, commendation, rewarding and disciplining of deputy general directors of general departments and heads and deputy heads of departments, bureaus/agencies/authorities, inspectorates, offices and public non-business units of their ministries and divisions of departments (if any), divisions of ministerial inspectorates and divisions of ministerial offices in accordance with law.

To decide on the decentralization of powers for appointment, relief from duty, dismissal, permission for resignation and suspension from work of heads and deputy heads of organizations and units of general departments, bureaus/agencies/authorities and public non-business units of their ministries with law.

9. To lead and direct the inspection and examination of the implementation of laws in their ministries’ assigned sectors or fields nationwide.

10. To manage and organize the effective use of working offices, assets and equipment, finance and state budgets allocated to them; to decide on measures to prevent and combat corruption, practice thrift and combat waste and manifestations of bureaucracy and authoritarianism in their ministries’ assigned sectors and fields.

11. To promulgate their ministries’ working regulations, and direct and inspect the implementation of these regulations.

12. To lead and direct the administrative reform and reform of the regime of official duties and civil servants in sectors and fields under their ministries’ state management.

13. To take the initiative in closely coordinating with agencies of the Party, National Assembly, Supreme People’s Court, Supreme People’s Procuracy, Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations; to give explanations about matters of concern of the Ethnic Council or National Assembly Committees; to answer questions raised by National Assembly deputies and petitions of voters, the Vietnam Fatherland Front and socio-political organizations on matters under their ministries’ management.

14. To perform other tasks assigned by the Government or Prime Minister.

Article 25. Tasks and powers of ministers in relationship with ministries and government-attached agencies

1. To guide, inspect and coordinate with ministries and government-attached agencies in performing tasks in their assigned sectors and fields.

2. To propose other Ministers to suspend the implementation of, or annul, regulations promulgated by other ministries in contravention of the Constitution, laws or documents of superior state agencies or their ministries on sectors or fields under their ministries’ management. In case their proposals are not approved, they may be submitted to the Prime Minister for decision.

3. To assume the prime responsibility for, and coordinate with other Ministers in, settling matters related to sectors or fields under their ministries state management.

Article 26. Tasks and powers of ministers in relationship with local administrations

1. To direct, guide and inspect People’s Committees at all levels to perform tasks in their assigned or decentralized sectors and fields, and those assigned by the Government or Prime Minister.

2. To decide on decentralization of powers to or authorization for local administrations in accordance with law to perform one or several tasks and powers within their ministries’ competence.

3. To propose the Prime Minister to suspend the implementation of resolutions of provincial-level People’s Councils in contravention of the Constitution, laws or documents or superior state agencies on sectors or fields under their ministries’ management.

4. To propose provincial-level People’s Committees or chairpersons of provincial- level People’s Committees to suspend the implementation of, or annul, their documents that contravene documents on assigned sectors or fields. In case provincial-level People’s Committees or chairpersons of provincial-level People’s Committees refuse proposals, they shall report such to the Prime Minister for decision.

5. 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. Responsibilities of ministers toward the Government and Prime Minister

1. To be personally responsible to the Prime Minister and Government for assigned sectors and fields; for results and effectiveness and efficiency of operation of their ministries; and for their decisions and results of implementation of such decisions within their assigned tasks and vested powers; to perform the tasks of government members, and together with other government members to assume the collective responsibility for the operation of the Government.

2. To report on their work to the Government and Prime Minister.

3. Not to transfer affairs falling under their tasks and competence to the Prime Minister. For matters falling beyond their competence or related to other ministries, to take the initiative in working with the related ministers to make complete dossiers of these matters for submission to the Government or Prime Minister for consideration and decision.

Article 28. Responsibilities of ministers toward the National Assembly, National Assembly Standing Committee, National Assembly agencies and deputies, voters and the People

1. To make reports and explanations and answer questions raised by the National

Assembly and National Assembly Standing Committee; to provide necessary documents at the request of the National Assembly Standing Committee, Ethnic Council or National Assembly Committees.

2. To respond to recommendations of the Ethnic Council or National Assembly Committees in accordance with law.

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

4. To make reports to the People on important issues under their management.

Article 29. Responsibilities of ministers toward socio-political organizations

1. To coordinate with the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations in performing their tasks and exercising their powers.

2. To collect opinions of the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations on draft legal documents in accordance with the law on promulgation of legal documents.

3. To consider and respond to petitions of the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Effect

1. This Decree takes effect on October 15, 2016.

2. This Decree replaces 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; all previous regulations contrary to this Decree are annulled.

Article 31. Transitional provisions

1. Ministries shall promptly review specialized legal documents not on state organizational apparatuses; if these documents have provisions on apparatus and payroll, to propose competent agencies to revise or annual such provisions.

2. Ministries shall review legal document defining their the functions, tasks, powers and organizational structures and on their institutions and units which are promulgated before the effective date of this Decree; if detecting that these documents contain provisions contrary to this Decree, to propose competent agencies to promptly revise such documents or promulgate new documents or do so by themselves.

Article 32. 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.-