Decree 25/2025/ND-CP defining the functions, tasks, powers of the Ministry of Home Affairs
ATTRIBUTE
Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 25/2025/ND-CP | Signer: | Nguyen Hoa Binh |
Type: | Decree | Expiry date: | Updating |
Issuing date: | 21/02/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Organizational structure |
THE GOVERNMENT |
| THE SOCIALIST REPUBLIC OF VIETNAM |
No. 25/2025/ND-CP |
| Hanoi, February 21, 2025 |
DECREE
Defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs[1]
Pursuant to the February 18, 2025 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 structure of the Ministry of Home Affairs.
Article 1. Position and functions
The Ministry of Home Affairs is a governmental agency performing the state management of the following sectors and fields: state administrative organizations and non-business units; organization of local administrations; cadres, civil servants, public employees and civil service; labor, salary and social insurance; employment; occupational safety and health; associations, social funds, charity funds and non-governmental organizations; persons with meritorious contributions; the youth; gender equality; state records and archives; emulation, commendation; and public services in the sectors and fields falling under its management in accordance with law.
Article 2. Tasks and powers
The Ministry of Home Affairs shall perform the tasks and exercise the powers defined in the Law on Organization of the Government and the Government’s regulations on the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and has the following specific tasks and powers:
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 and draft resolutions of the Government under the Ministry’s approved annual lawmaking programs and plans, and projects, schemes, programs and resolutions as assigned by the Government or the Prime Minister; to submit to the Government or the Prime Minister strategies, master plans, and long-term, medium-term and annual development plans, and national important projects and works in the sectors and fields falling under its state management.
2. To submit to the Prime Minister drafts of decisions, directives, national target programs, national programs and national action programs, and drafts of other documents in the sectors and fields falling under its state management or as assigned.
3. To promulgate circulars, decisions, directives and other documents falling under its state management.
4. To direct, guide and organize the performance of functions and tasks and the implementation of promulgated or approved legal documents, strategies, master plans, plans, national target programs, national programs, national action programs, and national important schemes, projects and works; to carry out public communication and education about laws in the sectors and fields falling under its state management.
5. Regarding state administrative organizations and non-business units:
a/ To submit to the Government a scheme on the organizational structure of the Government based on the National Assembly’s tenure; schemes on the establishment, merger, consolidation, division, splitting or dissolution of ministries, ministerial-level agencies and government-attached agencies; draft decrees defining the organization of specialized agencies of People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees) and People’s Committees of rural districts, urban districts, towns, provincial cities and municipal cities (below collectively referred to as district-level People’s Committees);
b/ To appraise the Government’s draft decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies; the Prime Minister’s draft decisions defining the functions, tasks, powers and organizational structures of organizations subject to the Prime Minister’s decision; the Prime Minister’s schemes and draft decisions on the establishment, reorganization and dissolution of state administrative organizations and non-business units and interdisciplinary consultancy or coordination organizations that 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, carrying out final reviews of the Government’s draft decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies before submitting them to the Prime Minister for signing and promulgation;
d/ To guide the review of the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies; to summarize and report to the Government for decision adjustments to the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies;
dd/ To guide the grading of public non-business units in accordance with law.
6. Regarding local administrations:
a/ To advise and assist the Government and the Prime Minister in directing the election of deputies to the National Assembly and deputies to People’s Councils at all levels; to guide and urge People’s Committees at all levels in implementing the regulations on election and relevant guiding documents of the National Election Council and central agencies; to report to the Government and the Prime Minister under regulations on election work;
b/ To assist the Government and the Prime Minister in guiding and inspecting activities of People’s Councils; to direct, guide and inspect activities of People’s Committees in accordance with law; when necessary, to attend meetings of provincial-level People’s Councils and People’s Committees to discuss matters on the building of local administrations and management of boundaries of administrative units;
c/ To appraise and submit to the Prime Minister dossiers for ratification of results of the election, relief from duty or removal from office of chairpersons and vice chairpersons of provincial-level People’s Committees; to propose the transfer or dismissal of chairpersons and vice chairpersons of provincial-level People’s Committees and delegation of powers to chairpersons of provincial-level People’s Committees;
d/ To submit to the Government or the Prime Minister for promulgation, or promulgate according to its competence, documents providing regulations on commune-level cadres and civil servants and part-time personnel in communes, villages and residential quarters; to guide the organization and operation of villages and residential quarters;
dd/ To submit to the Prime Minister for promulgation documents providing criteria, conditions and procedures for recognition of island communes, communes and zones being former resistance bases; to assume the prime responsibility for, and coordinate with related ministries and agencies in, appraising, and submitting to the Prime Minister for recognition of, island communes, communes and zones being former resistance bases.
7. Regarding boundaries of administrative units and classification of administrative units:
a/ To submit to the Government for further submission to the National Assembly Standing Committee for promulgation documents providing criteria, classification, naming and renaming of administrative units;
b/ To submit to the Government for further submission to the National Assembly or the National Assembly Standing Committee for consideration and decision the establishment, dissolution, merger, separation, adjustment of boundaries, and naming and renaming of administrative units, and the settlement of matters related to overlapped or unidentified boundaries of administrative units at all levels;
c/ To submit to the Government or the Prime Minister for promulgation, or promulgate according to its competence, documents providing principles, dossiers and procedures for determination of boundaries of administrative units and the compilation and management of records on boundaries of administrative units at all levels;
d/ To submit to the Prime Minister for decision the establishment of appraisal councils for dossiers for the establishment, dissolution, merger, separation or adjustment of boundaries of provincial-level administrative units; to assume the prime responsibility for, and coordinate with related ministries and agencies in, appraising and submitting to the Prime Minister for decision the classification of provincial-level administrative units;
dd/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, appraising dossiers for the establishment, dissolution, merger, separation or adjustment of boundaries of district- and commune-level administrative units; to decide on the classification of district-level administrative units.
8. Regarding payroll management:
a/ To submit to the Prime Minister for approval the total payrolls of civil servants and payrolls of overseas civil servants of administrative agencies and organizations, and payrolls of central-level associations assigned tasks by the Party or the State in accordance with law and competent agencies’ regulations;
b/ To submit to the Prime Minister and competent agencies for decision the adjustment and addition of payrolls of civil servants of administrative agencies and organizations in accordance with law and competent agencies’ regulations;
c/ To decide on the allocation, adjustment and addition of payrolls of civil servants for administrative agencies and organizations and central-level associations assigned tasks by the Party or the State in accordance with law and competent agencies’ regulations;
d/ To decide on the allocation of payrolls of overseas civil servants to ministries, ministerial-level agencies and government-attached agencies after such payrolls are approved by competent agencies and the Prime Minister;
dd/ To appraise plans on the number of employees salaried by the state budget in public non-business units that self-finance part of their recurrent expenditures and public non-business units that have their recurrent expenditures funded by the state budget in accordance with law and competent agencies’ regulations.
9. Regarding cadres, civil servants, public employees and civil service:
a/ To submit to the Government or the Prime Minister for promulgation, or promulgate according to its competence, legal documents, subjects, schemes and strategies, and guide the implementation of regulations on: recruitment, arrangement and employment of civil servants and public employees based on working positions; appointment to ranks or professional titles, organization of tests or consideration for promotion of civil servant ranks or change of professional titles of public employees; evaluation and grading of the quality of cadres, civil servants and public employees; standards of titles; appointment, reappointment, transfer, rotation, secondment, resignation from office, relief from duty, disciplining, resignation and retirement of cadres, civil servants and public employees (unless otherwise provided by specialized laws); to include potential female candidates in personnel plans with increased percentage for appointment to titles in state agencies, and perform other contents of management of cadres, civil servants and public employees under regulations;
b/ To submit to the Prime Minister the structure and number of cabinet members, and relief from duty and appointment of cabinet members based on the National Assembly’s tenure; to appraise criteria, conditions, processes, procedures and dossiers for tentative holders of leading and managerial titles subject to the Prime Minister’s decision and ratification in accordance with law;
c/ To set professional standards of civil servant ranks and standards of public employees’ professional titles in the fields falling under its management;
d/ To guide the determination of the structure of civil servant ranks and job positions in state agencies;
dd/ To organize the inspection of input quality of civil servants in accordance with law; to build, guide and manage national data on the contingent of cadres, civil servants and public employees (including also cadres, civil servants and part-timers in communes, villages and residential quarters); to collect and synthesize national statistics indicators on female personnel work; to guide the compilation and management of records of cadres, civil servants and public employees; and cards of civil servants and public employees;
e/ To formulate, promulgate and manage further training programs on state management knowledge and skills according to standards of civil servant ranks; further training programs to meet requirements of leading and managerial positions; further training programs according to standards of professional titles of public employees specialized in home affairs; and further training programs to meet requirements of job positions in the home affairs sector;
g/ To formulate, promulgate, and guide and organize the implementation of, plans on state budget-funded further training of cadres, civil servants and public employees according to its competence;
h/ To monitor and summarize results of training and further training of cadres, civil servants and public employees of ministries, ministerial-level agencies, government-attached agencies, the Vietnam Fatherland Front, central bodies of socio-political organizations, and provincial-level People’s Committees.
10. Regarding state administrative reform:
a/ To submit to competent authorities for decision general programs, plans and schemes on state administrative reform in each period; to act as the standing body in charge of the Government’s administrative reform work;
b/ To submit to the Government and the Prime Minister for decision guidelines, policies and solutions to step up the state administrative reform;
c/ To appraise pilot schemes on administrative reform submitted by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to the Prime Minister;
d/ To assume the prime responsibility for organizing the reform of the state administrative apparatus and reform of the civil service regime; and public communication about administrative reform;
dd/ To formulate, promulgate and guide methods of monitoring, evaluating and determining administrative reform indexes of ministries, ministerial-level agencies and provincial-level People’s Committees; and methods of measuring the people’s satisfaction with the service by state administrative agencies;
e/ To organize the determination and announcement of annual administrative reform indexes of ministries, ministerial-level agencies and provincial-level People’s Committees; and the index of the people’s satisfaction with the service by state administrative agencies;
g/ To guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in formulating and implementing administrative reform programs, schemes and plans, and reporting on their administrative reform work under regulations.
11. Regarding labor, salaries and social insurance:
a/ To assist the Government in performing the unified state management of labor, salaries and social insurance in accordance with law;
b/ To guide and organize the implementation of regulations on labor contracts, labor discipline, material responsibility, dialogue at workplaces, collective negotiations, collective labor agreements, and settlement of labor disputes;
c/ To guide the implementation of regulations applicable to female employees, minor employees, employees who are elderly persons or persons with disabilities, domestic workers, and other employees/workers;
d/ To guide the registration and state management of the operation of employees’ representative organizations in accordance with the labor law; to act as the national focal point in the field of labor in the process of Vietnam’s accession to international trade agreements;
dd/ To guide the implementation of regulations on salary/wage, allowance, cost-of-living allowance and bonus policies and regimes for cadres, civil servants and public employees from the central to commune levels and contractual employees in state agencies and public non-business units;
e/ To guide the implementation of regulations on the minimum salary level and salary policies for employees of enterprises, agencies, organizations, cooperatives, households and individuals that hire or employ labor in accordance with the Labor Code;
g/ To provide guidance on salaries/wages, bonuses and remunerations for employees and managers of state enterprises and state capital-invested enterprises;
h/ To study, and advise competent authorities on, the reform of salary and social insurance policies.
12. Regarding employment:
a/ To guide and organize the implementation of regulations on employment; unemployment insurance; and recruitment and management of Vietnamese employees; to perform the unified management of foreign workers in Vietnam;
b/ To guide and organize the collection, storage, synthesis, analysis, forecasting and disclosure of labor market information in the sectors and fields under its charge other than labor market information belonging to the system of national statistical indicators; to promulgate the regulation on management, exploitation, use and dissemination of labor market information;
c/ To guide the implementation of regulations on organization and provision of employment services; to guide the management and use of the National Employment Fund in accordance with law.
13. Regarding Vietnamese guest workers:
a/ To guide and organize the implementation of regulations on Vietnamese guest workers;
b/ To promote, expand, stabilize and develop overseas labor markets;
c/ To promulgate regulations on orientation education programs, contents and timeframe, and model and validity duration of certificates of completion of orientation education courses for workers before being sent to work abroad;
d/ To decide on the grant, re-grant, modification of information in, and revocation of, licenses for provision of services of sending persons abroad to work as Vietnamese guest workers in accordance with law;
dd/ To organize and guide the registration of contracts and reporting on sending of Vietnamese workers abroad by enterprises and registration of contracts for persons sent abroad as guest workers who directly enter into such contracts; to supervise contract performance by enterprises;
e/ To guide labor management operations to overseas Vietnamese representative missions;
g/ To manage the Guest Worker Support Fund in accordance with law.
14. Regarding occupational safety and health:
a/ To guide and organize the implementation of regulations on occupational safety and health; working regime, work time and rest time; and national programs on occupational safety and health; to make national dossiers on occupational safety and health;
b/ To regulate the payment of compensations and allowances for occupational accidents and occupational diseases; to provide in-kind allowances to employees who work in conditions involving dangerous or harmful elements;
c/ To promulgate the list of machinery, equipment, supplies and substances subject to strict requirements on occupational safety and health upon request of related ministries in accordance with law; to assume the prime responsibility for performing the state management of occupational safety and health training and inspection of machinery, equipment and supplies subject to strict requirements on occupational safety;
d/ To assume the prime responsibility for promulgating the list of jobs subject to strict requirements on occupational safety and health; the list of heavy, hazardous and dangerous occupations and jobs and extremely heavy, hazardous and dangerous occupations and jobs; to set standards for labor classification according to labor conditions; to provide the regime of providing personal protective equipment in labor;
dd/ To formulate national standards; to promulgate national technical regulations on occupational safety and health under its management;
e/ To promulgate processes of inspecting machinery, equipment and supplies and managing substances subject to strict requirements on occupational safety and health under its management;
g/ To regulate and guide the inspection of quality of products and goods subject to special requirements on occupational safety in accordance with law;
h/ To investigate occupational accidents; to organize and guide the collection, storage, synthesis, provision, disclosure and evaluation of information on the situation of occupational accidents and technical incidents that seriously affect occupational safety and health;
i/ To guide and organize the Month of Action for Occupational Safety and Health.
15. Regarding associations, social funds, charity funds, and non-governmental organizations:
a/ To assist the Government in performing the unified state management of associations, social funds, charity funds and non-governmental organizations at home and red-cross activities in accordance with law;
b/ To appraise and submit to the Prime Minister for approval charters of associations subject to the Prime Minister’s decision in accordance with law;
c/ To settle according to its competence and in accordance with law the procedures related to associations, social funds, charity funds, and non-governmental organizations;
d/ To guide the implementation of regulations on associations, social funds, charity funds, and non-governmental organizations;
dd/ To commend or request competent authorities to commend organizations and individuals that record merits in the organization and operation of associations, social funds, charity funds, and non-governmental organizations.
16. Regarding persons with meritorious contributions:
a/ To guide and organize the implementation of policies and regulations on preferential treatment of persons with meritorious contributions to the revolution;
b/ To formulate regimes, norms and methods of provision of aiding devices, orthopedic tools, and functional rehabilitation means and equipment for people with meritorious contributions to the revolution;
c/ To regulate the management of works showing the nation’s attitude toward fallen heroes, and work out plans for including such works in relevant master plans;
d/ To guide and direct the work of receiving fallen heroes’ remains and identifying identities of fallen heroes’ remains on which authorities still lack information, and information about fallen heroes’ graves.
17. Regarding the youth work:
a/ To guide the incorporation of policies, indicators and targets on youth development in policies, strategies, programs and plans on socio-economic development of sectors and fields during their formulation;
b/ To guide ministries and sectors in incorporating statistical indicators on Vietnamese youth in the system of indicators of ministries and sectors;
c/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and the Central Committee of the Ho Chi Minh Communist Youth Union in, formulating, and organizing the implementation of, policies and laws on youth.
18. Regarding democracy practice and mass mobilization:
a/ To formulate and submit to competent authorities for promulgation, or promulgate according to its competence, documents on, and guide the implementation of, grassroots democracy in accordance with law;
b/ To guide the performance of mass mobilization work by state administrative agencies and administrations at all levels according to the Party’s regulations and in accordance with law.
19. Regarding gender equality:
a/ To guide and organize the implementation of policies and regulations on gender equality in accordance with law;
b/ To assume the prime responsibility for, and coordinate with ministries, sectors, localities, socio-political organizations, and related agencies and organizations in, organizing the Month of Action for Gender Equality and Gender-Based Violence Prevention and Response.
20. Regarding state records and archives:
a/ To assist the Government in performing the unified state management of state records and archives in accordance with law;
b/ To manage archival documents at the State’s historical archives at the central level; to manage backup archival documents at the State Archives of Vietnam falling under its competence; to manage record and archive operations; to recognize or derecognize archival documents of special value falling under its competence;
c/ To develop, update, manage and operate the database of archival documents at the State Archives of Vietnam in accordance with law; to set up and manage the State Digital Archives;
d/ To receive and update the list of eternal archival records and documents of the sectors of national defense, public security and foreign affairs onto the database of archival documents at the State Archives of Vietnam (except documents containing state secrets);
dd/ To manage archival service activities; to grant, re-grant and revoke archival practice certificates.
21. Regarding emulation and commendation:
a/ To assist the Government in performing the unified state management of emulation and commendation in accordance with law;
b/ To guide the implementation of 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 procedures and dossiers for commendation proposal; rights and obligations of individuals and collectives that are awarded emulation titles and commendation; and handling of violations related to emulation and commendation;
c/ To organize and guide the implementation of emulation movements and commendation policies of the Party and the State;
d/ To appraise commendation proposal dossiers and submit them to the Prime Minister for decision or for further submission to the President for commendation decision in accordance with law;
dd/ To prepare in-kind rewards accompanying emulation titles and forms of commendation of the President, the Government or the Prime Minister; to grant, renew or re-grant in-kind rewards under decisions of competent authorities;
e/ To mobilize donation 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;
g/ To act as the standing body of the Central Emulation and Commendation Council.
22. Regarding international cooperation:
a/ To manage and organize international cooperation and international integration in the sectors and fields falling under its state management in accordance with law;
b/ To assume the prime responsibility for, and coordinate with related agencies in, carrying out cooperation on civil service and civil servants and other fields with the ASEAN countries;
c/ To negotiate and conclude treaties in accordance with law as authorized by competent state agencies; to assume the prime responsibility for, and coordinate with others in, concluding, and organizing the implementation of, international agreements in its name in accordance with law; to join international organizations as assigned by the Government.
23. Regarding public non-business services:
a/ To perform the state management and organize the provision of public non-business services in the sectors and fields falling under its state management; to manage its attached organizations and units engaged in public non-business service activities;
b/ To guide the implementation of policies and regulations, and provide support for organizations engaged in public non-business service activities in the sectors and fields under its management in accordance with law.
24. To provide training and further training in the sectors and fields assigned to it for management for cadres, civil servants and public employees and based on the society’s demand in accordance with law.
25. To organize and direct scientific research and application of scientific research outcomes; information and communications; technology application and information data; digital transformation and management of specialized data serving the performance of its state management functions.
26. To manage the organizational apparatus; job positions and payrolls of civil servants and number of employees in public non-business units and number of workers under labor contracts; to recruit, employ and manage cadres, civil servants, public employees and workers under regulations and power delegation by competent agencies.
27. To manage the allocated finances and assets and organize the implementation of the allocated budget funds in accordance with law.
28. To synthesize, make statistics of, conduct preliminary and final reviews of, evaluate, and report to the Government, the Prime Minister and competent authorities on, the situation and results of the performance of its state management functions and tasks in accordance with law or as assigned and required by competent authorities; to build and manage its own database and statistical information system.
29. To assume the prime responsibility for, and coordinate with related ministries and sectors in, settling petitions of agencies, organizations and units as assigned by the Government or the Prime Minister.
30. To inspect and examine the performance of functions, tasks and powers and the implementation of policies and laws in the sectors and fields under its state management in accordance with law; to prevent and fight corruption, negative practices and crime; to practice thrift and combat waste; to receive citizens; to settle complaints, denunciations, petitions and reported information on issues falling under its state management in accordance with law; to handle violations in the sectors and fields under its state management or report such violations to competent authorities for handling in accordance with law.
31. To perform other tasks and exercise other powers as assigned by the Government or the Prime Minister or as vested or authorized by the Prime Minister in accordance with 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 Non-Governmental Organizations Department.
5. The Administrative Reform Department.
6. The Youth Affairs and Gender Equality Department.
7. The International Cooperation Department.
8. The Organization and Personnel Department.
9. The Legal Affairs Department.
10. The Planning and Finance Department.
11. The Inspectorate.
12. The Office.
13. The State Records and Archives Department.
14. The Salary and Social Insurance Department.
15. The Employment Department.
16. The Guest Worker Management Department.
17. The Department for People with Meritorious Contributions.
18. The Central Emulation and Commendation Committee.
19. The Information Technology Center.
20. The Institute on State Organizational and Labor Sciences.
21. The State Organization and Labor Review.
22. The Dan Tri newspaper.
In this Article, the units referred to in Clauses 1 thru 18 are administrative organizations assisting the Minister in performing the state management functions; and the units referred to in Clauses 19 thru 22 are public non-business units serving the Ministry’s state management functions.
The Minister of Home Affairs shall issue decisions defining the functions, tasks, powers and organizational structures of the units of the Ministry, and submit to the Prime Minister for promulgation a decision on the list of other public non-business units of the Ministry under regulations.
Article 4. Effect
1. This Decree takes effect on March 1, 2025.
2. This Decree replaces the Government’s Decree No. 62/2022/ND-CP of September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs; and the Government’s Decree No. 63/2022/ND-CP of September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.
Article 5. Implementation responsibility
The Minister of Home Affairs, other ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
NGUYEN HOA BINH
[1] Công Báo Nos 375-376 (6/3/2025)
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