Decree No. 24/2014/ND-CP dated April 17, 2014 on providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities

DECREE

Providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities[1]

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

Pursuant to the November 26, 2003 Law on Organization of People’s Councils and People’s Committees;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Decree provides the organization of specialized agencies under People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees).

2. This Decree applies to specialized agencies under provincial-level People’s Committees, including departments and departmental-level agencies (below collectively referred to as provincial-level departments).

3. This Decree does not apply to:

a/ Management boards of industrial parks, hi-tech parks or economic zones and otherwise-named management boards under provincial-level People’s Committees;

b/ Offices of provincial-level Delegations of National Assembly deputies and People’s Councils; public non-business units under provincial-level People’s Committees and locally based subordinate organizations of central agencies.

Article 2.Organization principles

1. Ensuring the full performance of state management functions and tasks of provincial-level People’s Committees and the uniformity, continuity and management of sectors or working fields from central to grassroots level.

2. Ensuring streamlining, rationality, effect and efficiency, organizing multi-sectoral and multi-field management departments; it is not necessary to organize at the provincial level all organizations corresponding to ministries and ministerial-level agencies at the central level.

3. Ensuring suitability with natural conditions, population size and socio-economic conditions of each locality and satisfaction of state administrative reform requirements.

4. Ensuring no overlapping functions, tasks and powers with locally based organizations under ministries or ministerial-level agencies.

Article 3.Position and functions of provincial-level departments

Provincial-level departments are agencies under provincial-level People’s Committees and shall perform the functions of advising and assisting provincial-level People’s Committees in the state management of sectors and fields in localities as prescribed by law and as assigned or authorized by provincial-level People’s Committees or chairpersons of provincial-level People’s Committees.

Article 4.Tasks and powers of provincial-level departments

1. To submit to provincial-level People’s Committees:

a/ Draft decisions and directives; master plans as well as long-term, 5-year and annual plans; programs and measures to organize the performance of state administrative reform tasks assigned to them in the sectors and fields under their assigned management;

b/ Draft documents specifying the functions, tasks, powers and organizational structures of provincial-level departments;

c/ Draft documents specifying the conditions, criteria and titles of heads and deputy heads of units under provincial-level departments; heads and deputy heads of specialized divisions under People’s Committees of districts, towns or provincial cities (below collectively referred to as district-level People’s Committees) in the sectors and fields under their management.

2. To submit to chairpersons of provincial-level People’s Committees:

a/ Draft decisions on the establishment, merger, separation, split or dissolution of organizations and units under provincial-level departments in accordance with law;

b/ Draft specific decisions and directives which fall within the promulgating competence of chairpersons of provincial-level People’s Committees.

3. To organize the implementation of legal documents, master plans and plans after they are approved; to publicize, disseminate, guide, educate, and monitor the implementation of, laws in the fields under their assigned management.

4. To organize the implementation of, and take responsibility for the assessment, registration, and grant of licenses, diplomas and certificates in the fields under the management of provincial-level specialized agencies as prescribed by law and assigned or authorized by provincial-level People’s Committees.

5. To assist provincial-level People’s Committees in performing the state management of enterprises, collective and private economic organizations, associations and non-governmental organizations in the fields under the management of provincial-level specialized agencies in accordance with law.

6. To guide and examine the implementation of the mechanism on autonomy and accountability of public non-business units in accordance with law.

7. To implement international cooperation in the sectors and fields under their management and as assigned or authorized by provincial-level People’s Committees.

8. To provide professional guidance in the sectors and fields under their management for specialized agencies under district-level People’s Committees and for specialized officers under commune-level People’s Committees.

9. To organize the research into and application of scientific-technical advances and technologies; to develop information and storage systems serving state management work and specialized tasks.

10. To examine and inspect organizations and individuals in implementing the provisions of law in the assigned sectors and fields; to settle complaints and denunciations and prevent and fight corruption in accordance with law and as assigned or authorized by provincial-level People’s Committees.

11. To define the functions, tasks and powers of offices, specialized divisions, branches and public non-business units under provincial-level departments in compatibility with the functions, tasks and powers of provincial-level departments under the general guidance of line ministries and regulations of provincial-level People’s Committees.

12. To manage organizational apparatuses, payrolls of civil servants, structure of civil servant ranks, working positions and structure of public employees based on professional titles and numbers of employees in public non-business units; to implement the salary regime as well as policies and regimes on preferential treatment, training, retraining, commendation and disciplining of civil servants, public employees and laborers under their management in accordance with law and as assigned or authorized by provincial-level People’s Committees.

13. To manage, and take responsibility for, allocated funds in accordance with law and as assigned or authorized by provincial-level People’s Committees.

14. To periodically and extraordinarily inform and report on the performance of their assigned tasks to provincial-level People’s Committees, ministries and ministerial-level agencies.

15. To perform other tasks as assigned by provincial-level People’ Committees or chairpersons of provincial-level People’s Committees and in accordance with law.

Article 5.Organizational structures of provincial-level departments

The organizational structure of a provincial-level department consists of:

1. The Office.

2. The Inspectorate.

3. Specialized divisions.

4. Branches.

5. Public non-business units.

Provincial-level departments do not necessarily have all the organizations specified in Clauses 2, 4 and 5 of this Article. Particularly, the Office of a provincial-level People’s Committee must have a portal.

Article 6.Heads and deputy heads of provincial-level departments

1. The head of a provincial-level department (below referred to as the director) shall take responsibility before the provincial-level People’s Committee and its chairperson and before law for the performance of the functions, tasks and powers of his/her department.

2. Deputy heads of a specialized agency under the provincial-level People’s Committee (below referred to as deputy directors) shall assist the director in directing a number of working aspects and take responsibility before the director and law for their assigned tasks. When the director is absent, he/she shall authorize a deputy director to administer the provincial-level department’s activities.

The number of deputy directors must not exceed 3. Particularly, the number of deputy directors of provincial-level departments under the People’s Committee of Hanoi city and the People’s Committee of Ho Chi Minh City must not exceed 4.

3. The appointment, relief from office, transfer, rotation, commendation, disciplining, approval of resignation, retirement of, and implementation of regimes and policies toward, directors and deputy directors of provincial-level departments shall be decided by chairpersons of provincial-level People’s Committees in accordance with law.

Article 7.Working regime of provincial-level departments and responsibilities of directors of provincial-level departments

1. Provincial-level departments shall work according to the single-boss regime and regulations of provincial-level People’s Committees, ensuring the principle of democratic centralism.

2. Pursuant to law and as assigned by provincial-level People’s Committees, directors of provincial-level departments shall promulgate working regulations for their departments and direct and examine the implementation of such regulations.

3. Directors of provincial-level departments shall take responsibility before provincial-level People’s Committees and their chairpersons for the performance of their functions, tasks and powers of state management of the sectors and fields in localities and of the tasks assigned or authorized by provincial-level People’s Committees or their chairpersons. They may not transfer the jobs within the scope of their tasks and powers to provincial-level People’s Committees or their chairpersons. For matters which fall beyond their competence or which fall within their competence but which they lack capacity and conditions to settle, they shall take the initiative in working with directors of other related provincial-level departments in completing dossiers for submission to provincial-level People’s Committees or their chairpersons for consideration and decision. They shall practice thrift, combat waste and take responsibility for acts of corruption causing damage in the organizations or units under their management.

4. Directors of provincial-level departments shall report to provincial-level People’s Committees, chairpersons of provincial-level People’s Committees, ministries and ministerial-level agencies on the organization and operation of their departments; present work reports before provincial-level People’s Councils and People’s Committees upon request; provide necessary documents at the request of provincial-level People’s Councils; give answers to petitions of voters and questions of deputies to provincial-level People’s Councils on matters in the sectors and fields under their management; coordinate with directors of other provincial-level departments and heads of socio-political organizations and related agencies in performing the tasks of their departments.

5. To appoint and relieve from office heads and deputy heads of agencies and units under and attached to their provincial-level departments according to regulations.

Chapter II

ORGANIZATION OF PROVINCIAL-LEVEL DEPARTMENTS

Article 8.Provincial-level departments organized uniformly in localities

1. Home Affairs Departments:

To advise and assist provincial-level People’s Committees in performing the state management of organizational apparatuses; working positions; payrolls of civil servants and structures of civil servant ranks in administrative agencies and organizations; working positions and structures of public employees based on professional titles and numbers of employees in public non-business units; salaries of cadres, civil servants, public employees and contractual laborers in administrative agencies and organizations as well as public non-business units; administrative reform and reform of regimes on public duties and civil servants; local administrations; administrative boundaries; cadres, civil servants and public employees as well as commune-level cadres and civil servants; training and retraining of cadres, civil servants and public employees as well as commune-level cadres and civil servants; commune-level part-time officers; associations and non-governmental organizations; state archives work; religion; youth work; and emulation and commendation.

2. Justice Departments:

To advise and assist provincial-level People’s Committees in performing the state management of law making and implementation; monitoring of law implementation; examination and processing of legal documents; control of administrative procedures; law dissemination and education; legal affairs; notarization and certification; child adoption; commercial arbitration; civil status; nationality; judicial records; state compensation; lawyers and legal counseling; judicial assistance; judicial assessment; grassroots conciliation; asset auction; implementation of the law on handling of administrative violations; and other judicial matters in accordance with law.

3. Planning and Investment Departments:

To advise and assist provincial-level People’s Committees in performing the state management of the summarization of socio-economic development master plans and plans; organization of implementation and proposal of mechanisms and policies for socio-economic management in localities; domestic and foreign investment in localities; management of official development assistance (ODA) and non-governmental aid; bidding; business registration; enterprises, collective economy, cooperatives and private economy.

4. Finance Departments:

To advise and assist provincial-level People’s Committees in performing the state management of finance; state budget; taxes, charges, fees and other state budget revenues; state assets; state financial funds; financial investment; corporate finance; accounting; independent audit; prices and financial service activities in localities in accordance with law.

5. Industry and Trade Departments:

To advise and assist provincial-level People’s Committees in performing the state management of mechanical engineering; metallurgy; electricity; new energy; renewable energy; petrol and oil; chemicals; industrial explosives; mining industry and mineral processing; consumer goods industry; food industry; other processing industries; circulation of commodities in localities; import and export; market management; trade promotion; e-commerce; trade services; management of competition and protection of consumer interests; economic integration; international trade; management of industrial clusters in localities; and food safety management in accordance with law.

6. Agriculture and Rural Development Departments:

To advise and assist provincial-level People’s Committees in performing the state management of agriculture; forestry; salt making; fisheries; irrigation and rural development; natural disaster prevention and control; food quality and safety for agricultural, forest, fishery and salt products in accordance with law.

7. Transport Departments:

To advise and assist provincial-level People’s Committees in performing the state management of roads, inland waterways and urban railways; transportation; traffic safety; management, exploitation, renovation and maintenance of urban transport infrastructure facilities, including road bridges, overpasses, pavements, streets, median strips, road signal systems, traffic control signals, pedestrian tunnels, road tunnels for motor vehicles, pedestrian bridges, car stations and car parks.

8. Construction Departments:

To advise and assist provincial-level People’s Committees in performing the state management of construction and architecture master plans; construction investment activities; urban development; technical infrastructure facilities (such as water supply and drainage) in urban areas, industrial parks, economic zones and hi-tech parks; management of ordinary solid waste in urban areas, industrial parks, economic zones, hi-tech parks and construction materials production establishments; urban lighting; urban parks and greeneries; management of cemeteries, except martyrs’ cemeteries; urban transport infrastructure, except management of the exploitation, use and maintenance of urban transport infrastructure; management of urban underground construction; and management of the shared use of urban technical infrastructure; housing; working offices; real estate market; and construction materials.

For Hanoi city and Ho Chi Minh City, the Planning-Architecture Departments shall advise the municipal People’s Committees on construction and architecture master plans.

9. Natural Resources and Environment Departments:

To advise and assist provincial-level People’s Committees in performing the state management of land; water resources; minerals and geology; environment; hydrometeorology; climate change; topography and cartography; integrated and unified management of sea areas and islands (for provinces having sea areas and islands).

10. Information and Communications Departments:

To advise and assist provincial-level People’s Committees in performing the state management of press; publication; post; telecommunications; radio frequencies; information technology; electronics; radio and television broadcasting; foreign service information; news bulletins; grassroots information; information and communication infrastructure; advertising on newspapers, in the internet and in publications, and integrated advertising in post, telecommunications and information technology products and services.

11. Labor, War Invalids and Social Affairs Departments:

To advise and assist provincial-level People’s Committees in performing the state management of labor; employment; vocational training; salaries; wages; social insurance (compulsory social insurance, voluntary social insurance and unemployment insurance); labor safety; people with meritorious service; social protection; child protection and care; gender equality; and prevention and combat of social evils.

12. Culture, Sports and Tourism Departments:

To advise and assist provincial-level People’s Committees in performing the state management of culture; family; physical training, sports, tourism and advertising (except advertising contents mentioned in Clause 10 of this Article); and use of the national flag, national emblem, national anthem and portrait of President Ho Chi Minh in accordance with law.

13. Science and Technology Departments:

To advise and assist provincial-level People’s Committees in performing the state management of scientific and technological activities; development of scientific and technological potential; standards, metrology and quality control; intellectual property; application of radiation and radioactive isotopes; and radiation and nuclear safety.

14. Education and Training Departments:

To advise and assist provincial-level People’s Committees in performing the state management of education and training programs and contents; teachers and education administration civil servants and public employees; school physical foundations and equipment and children’s toys; regulations on exams and grant of diplomas and certificates.

15. Health Departments:

To advise and assist provincial-level People’s Committees in performing the state management of preventive medicine; medical examination and treatment; functional rehabilitation; medical, forensic and psychiatric forensic examination; traditional medicine and pharmacy; reproductive health; medical equipment; pharmacy; cosmetics; food safety; health insurance; and population and family planning.

16. Inspectorates:

To advise and assist provincial-level People’s Committees in performing the state management of inspection, settlement of complaints and denunciations, and corruption prevention and control.

17. Offices of provincial-level People’s Committees:

To advise and assist provincial-level People’s Committees on working programs and plans; organization, management and publicization of official information on activities of provincial-level People’s Committees and their chairpersons; to act as focal points for portals and connection of e-administrative information systems serving the direction and administration by provincial-level People’s Committees and their chairpersons; to manageCong Bao(Official Gazette) and general activities of provincial-level People’s Committees; to assist within their competence chairpersons and vice chairpersons of provincial-level People’s Committees in performing their tasks and powers; to manage their archives work and internal administration affairs.

Article 9.Particular provincial-level departments organized in a number of localities

1. Foreign Affairs Departments:

To advise and assist provincial-level People’s Committees in performing the state management of foreign affairs and national border and territory affairs (for provinces having borders).

A Foreign Affairs Department shall be established when fully meeting the following criteria:

a/ Having land borderlines and international or national border gates;

b/ A province having no land borderlines must fully satisfy the following conditions:

- Having an industrial park, an export-processing zone,  a hi-tech park, an open economic zone or a border-gate economic zone established under the Prime Minister’s decision;

- Having a national tourist zone or cultural heritage recognized by the UNESCO.

Provinces not fully meeting the criteria for establishment of Foreign Affairs Departments may establish Foreign Affairs Divisions under the Offices of provincial-level People’s Committees. Foreign Affairs Divisions shall submit to the direction by provincial-level People’s Committees. Offices of provincial-level People’s Committees shall ensure physical foundations and administrative conditions for the operation of Foreign Affairs Divisions.

2. Ethnic Affairs Committees:

To advise and assist provincial-level People’s Committees in performing the state management of ethnic affairs.

An Ethnic Affairs Committee shall be established in a province or centrally run city when meeting 2 out of 3 criteria below:

a/ Having over 20,000 (twenty thousand) ethnic minority people who live in village or hamlet communities;

b/ Having over 5,000 (five thousand) ethnic minority people who need the State’s assistance and support for development;

c/ Having ethnic minority people who live in important security and defense areas; areas in which ethnic minority people simultaneously live and conduct cultivation; or border areas which ethnic minority people of Vietnam and neighboring countries regularly visit.

Provinces having ethnic minority people but failing to meet the above criteria may establish Ethnic Affairs Divisions (or assign civil servants in charge of ethnic affairs) under the Offices of provincial-level People’s Committees. Ethnic Affairs Divisions (or servants in charge of ethnic affairs) shall submit to the direction by provincial-level People’s Committees. Offices of provincial-level People’s Committees shall ensure physical foundations and administrative conditions for the operation of Ethnic Affairs Divisions.

3. Planning-Architecture Departments (established in Hanoi city and Ho Chi Minh City):

To advise and assist their People’s Committees in performing the state management of construction and architecture planning.

4. Other particular fields:

Other particular specialized agencies may be organized only in case of necessity and as suitable to the characteristics and socio-economic development conditions to meet state management requirements in localities. Based on the criteria prescribed by the Prime Minister, provincial-level People’s Committees shall draw up plans on establishment of other particular specialized agencies and submit them to provincial-level People’s Councils for decision.

The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, submitting to the Prime Minister for promulgation particular fields and criteria for establishment of specialized agencies in a number of other particular fields.

Chapter III

TASKS AND POWERS OF MINISTRIES,
MINISTERIAL-LEVEL AGENCIES AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 10.The Minister of Home Affairs

1. To submit to the Government for decision the establishment, merger, separation and split, or dissolution of provincial-level departments in case of changes in provincial-level administrative units.

2. To coordinate with ministries and ministerial-level agencies in guiding the functions, tasks, powers and organizational structures of provincial-level departments.

3. To conduct examination and inspection, and settle complaints and denunciations according to his/her competence.

Article 11.Ministers and heads of ministerial-level agencies

1. To promulgate specific criteria for the titles of director and deputy director of provincial-level departments in the sectors and fields under their management.

2. To provide provincial-level departments with professional direction, guidance and examination by sector and field.

3. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, guiding the functions, tasks, powers and organizational structures of provincial-level departments.

Article 12.Provincial-level People’s Committees

1. To define the tasks, powers and organizational structures of provincial-level departments as guided by the line ministries and the Ministry of Home Affairs.

2. To manage organizational apparatuses; working positions; payrolls of civil servants and structures of civil servant ranks in administrative agencies and units; working positions and structures of public employees by professional title and number of employees in public non-business units.

Article 13.Chairpersons of provincial-level People’s Committees

1. To appoint directors and deputy directors of provincial-level departments based on the criteria prescribed by ministers or heads of ministerial-level agencies and procedures prescribed by law (particularly, the appointment and relief from office of chiefs of provincial-level Inspectorates must comply with the Inspection Law).

2. To allow directors of provincial-level departments to appoint and relieve from office heads and deputy heads of attached agencies and units based on the criteria promulgated by provincial-level People’s Committees.

3. Annually, to report on the organization and operation of provincial-level specialized agencies to provincial-level People’s Councils and the Minister of Home Affairs.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.Effect

This Decree takes effect on May 20, 2014, and replaces the Government’s Decree No. 13/2008/ND-CP of February 4, 2008, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities; and the Government’s Decree No. 16/2009/ND-CP of February 16, 2009, amending and supplementing Clause 2, Article 8 of the Government’s Decree No. 13/2008/ND-CP of February 4, 2008, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities.

Article 15.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG