Decree No. 48/2008/ND-CP dated April 17, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs

DECREE

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

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the Minister of Home Affairs,.

DECREES:

Article 1.- Position and tasks

The Ministry of Home Affairs is a governmental agency performing the state management of the following branches and domains: state administrative and non-business organizations; local administrations and administrative boundaries; state cadres, employees and civil servants; associations and non-governmental organizations; emulation and commendation; religions; cipher; state records and archives; and the state management of public services in the domains under the Ministry's management in accordance with law.

Article 2.- Tasks and powers

The Ministry of Home Affairs has the tasks and powers defined in the Government's Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft resolutions and decrees of the Government according to the Ministry's approved annual law-making programs and plans, as well as projects and schemes as assigned by the Government or the Prime Minister.

2. To submit to the Prime Minister long-term, five-year and annual development strategies, plannings and plans, projects and works of national importance, and the Prime Minister's draft decisions and directives within the Ministry's state management scope.

3. To promulgate decisions, directives and circulars within the Ministry's state management scope.

4. To direct, guide, inspect, and take responsibility for organizing the implementation of the promulgated or approved legal documents, strategies, plannings and plans within the Ministry's state management scope; to inform, propagate, disseminate and educate laws within the Ministry's state management scope.

5. Regarding state administrative and non-business organizations:

a/ To submit to the Government schemes on the Government's organizational structure in each National Assembly's tenure; the Government's schemes and draft decrees on the establishment, merger, consolidation, division, split or dissolution of ministries, ministerial-level agencies and government-attached agencies; draft decrees on the organization of specialized agencies of People's Committees; and draft decrees on the decentralization of the management and organization of the state administrative and non-business apparatus;

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

c/ To assume the prime responsibility for, and coordinate with the Government Office, ministries, ministerial-level agencies or government-attached agencies in, finally scrutinizing 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 general criteria for the classification or ranking of state administrative and non-business organizations according to law;

e/ To coordinate with line ministries in promulgating regulations guiding the functions, tasks, powers and organizational structures of specialized agencies of People's Committees;

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

6. Regarding local administrations: -

a/ To submit to the Government for promulgation regulations on the classification of administrative units at all levels; establishment, merger, division, split or adjustment of administrative boundaries or renaming of administrative units at all levels; establishment, renaming, merger, division, split or dissolution of centrally run special economic-administrative units; and policies towards commune-level cadres and employees;

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

c/ To assist the Government and the Prime Minister in guiding and inspecting the operation of provincial-level People's Councils according to law. To attend regular meetings of provincial-level People's Councils and, when necessary, meetings of provincial-level People's Committees which discuss administration building, management of administrative boundaries as well as whole-tenure and annual work programs of provincial-level People's Committees;

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

e/ To guide and inspect People's Committees at all levels in modes of operation and the implementation of regimes and policies towards commune-level cadres and employees;

f/ To make statistics of the quantity and quality of deputies to People's Councils and members of People's Committees at all levels as well as the quantity of administrative units at all levels.

7. Regarding administrative boundaries and classification of administrative units:

a/ To evaluate and submit to the Government schemes on the establishment, merger, division, split or adjustment of administrative boundaries or renaming of administrative units at all levels; establishment, merger, division, split or dissolution of centrally run special economic-administrative units; and raising of administration grades of urban centers in provinces;

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

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

d/ To guide and inspect the implementation of legal provisions on the management, demarcation or adjustment of administrative boundaries; to assume the prime responsibility for working out options on administrative boundaries and submit them to the Prime Minister for consideration and decision; to synthesize and submit to the Government or the Prime Minister for consideration and settlement controversial issues related to administrative boundaries;

e/ To manage dossiers of administrative boundaries at all levels.

8. Regarding payroll management:

a/ To decide to assign administrative payrolls and overseas working payrolls of organizations under ministries and ministerial-level agencies and administrative payrolls of provincial-level People's Committees after the Prime Minister approves the annual total state administrative payroll;

b/ To add administrative payrolls of ministries, ministerial-level agencies and provincial-level People's Committees within the total reserve payroll after it is approved by the Prime Minister;

c/ To assign overseas working payrolls to organizations of government-attached agencies and payrolls of state payroll-using associations after they are approved by the Prime Minister;

d/ To synthesize and report to the Government or the Prime Minister on the state administrative and non-business payrolls of agencies nationwide.

9. Regarding state cadres, employees and civil servants:

a/ To guide and inspect the implementation of plannings on leading and managerial officials of ministries, ministerial-level agencies and government-attached agencies; to synthesize and report to the Prime Minister on plannings of officials falling under the Prime Minister's competence; to guide and inspect the implementation of plannings, plans and programs on building a contingent of state cadres and employees;

b/ To guide and inspect the implementation of the Government's or the Prime Minister's regulations on recruitment, employment, rank promotion, rank appointment or rank transfer; assessment, appointment, re-appointment, transfer, shift, resignation, relief from office or secondment; disciplining, job severance, retirement, as well as other regimes and policies towards cadres, employees and civil servants in accordance with law;

c/ To guide and inspect the implementation of the Government's regulations on titles of and criteria for leading and managerial officials, from section head or equivalent to vice minister or equivalent under ministries, ministerial-level agencies and government-attached agencies; and from section head or equivalent under district-level People's Committees to provincial-level service director or equivalent under provincial-level People's Committees;

d/ To prescribe ranks and rank codes; to promulgate, guide and inspect the implementation of, criteria for employee ranks; structure of employee ranks; management of dossiers of cadres, employees and civil servants; identification numbers, employee cards and uniforms of cadres and employees;

e/ To organize exams for promotion from principal specialist rank to senior specialist rank; to decide to appoint senior specialist or equivalent rank according to its competence; to coordinate with ministries, ministerial-level agencies and government-attached agencies in establishing a bank of rank-promotion exam questions for specialized employees and civil servants; to guide conditions on decentralization of the organization of rank promotion exams for specialized employees and civil servants; to inspect and supervise the rank promotion for employees and civil servants;

f/ To evaluate draft legal documents prescribing professional criteria for civil servant ranks, structure of civil servant ranks, assessment, contents and forms of recruitment or rank-promotion exams for specialized civil servants before they are promulgated by ministers or heads of ministerial-level agencies managing specialized civil servant ranks;

g/ To evaluate candidates for leading and managerial titles falling under the Prime Minister's deciding competence;

h/ To organize the implementation of policies towards high-ranking officials as assigned and decentralized;

i/ To build and manage a national database on state cadres, employees and civil servants, commune-level cadres and employees, and officials falling under the Prime Minister's deciding competence; to manage dossiers of cadres, employees and civil servants as decentralized.

10. Regarding training and retraining of state cadres and employees:

a/ To guide and inspect the implementation of plannings and plans on training and retraining of cadres and employees working at home and abroad, commune-level cadres and employees, and deputies to People's Councils at all levels;

b/ To guide the Government's regulations on the organization of establishments to train and retrain cadres and employees of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees;

c/ To uniformly manage programs on state management knowledge and skill training and retraining for administrative cadres and employees, deputies to People's Councils at all levels and commune-level cadres and employees;

d/ To train and retrain administrative cadres and employees of the home affairs service in state management knowledge and skills; to assume the prime responsibility for. and coordinate with ministries and branches in, training and retraining deputies to People's Councils at all levels and commune-level cadres and employees of state management knowledge and skills;

e/ To allocate, and guide and inspect the realization of, annual norms of training and retraining cadres and employees after they are approved by competent authorities; to synthesize and report to the Prime Minister on training and retraining results.

11. Regarding salary policies:

a/ To guide the implementation of the Government's and the Prime Minister's regulations on salary policies and regimes (minimum salary; salary table; salary ranks and grades; allowance; salary and income management); other policies and regimes towards state cadres, employees and civil servants from central to commune level; and salaries of armed forces and contractual laborers in state agencies and non-business organizations;

b/ To guide the arrangement of salary ranks and grades for state enterprise managers, officers, professional armymen and soldiers of armed forces who are transferred or rotated to work at state administrative agencies or non-business units;

c/ To guide and inspect the implementation of policies and regimes on salaries, allowances, cost-of-living allowances and bonuses for state cadres, employees and civil servants, armed forces members and contractual laborers in state administrative agencies and non-business units; salary rise for cadres, employees and civil servants in accordance with law: and application of salary coefficients to state cadres, employees and civil servants appointed to senior specialist or equivalent rank;

d/ To act as the standing body of the State Steering Committee for Salary Policy Reform Research and Implementation.

12. Regarding associations and non-governmental organizations:

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

b/ To guide the implementation of the Government's regulations on the order and procedures for the establishment, division, split, merger, consolidation or dissolution of; approve charters of, or grant permits to, associations and non-governmental organizations;

c/ To decide on the establishment, division, split, merger, consolidation or dissolution of; approve charters of, or grant permits to, associations and non-governmental organizations operating nationwide or inter-provincially in accordance with law;

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

13. Regarding emulation and commendation:

a/ To guide the implementation of the Government's regulations on eligible subjects, process, procedures and time of conferring emulation titles, and forms of commendation; simple commendation forms and procedures; specimen rewards in kind;

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

c/ To evaluate commendation proposal dossiers submitted by agencies or organizations to the Prime Minister for decision or further submission to the State President for commendation decision according to law;

d/ To prescribe the withdrawal, allocation and change of rewards in kind under competent authorities' decisions; to prepare rewards in kind enclosed with forms of commendation to be conferred by the State President, the Government or the Prime Minister;

e/ To mobilize funding sources and manage and use the central emulation and commendation fund; to direct, guide and inspect the management of emulation and commendation funds at different levels and branches;

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

14. Regarding religious affairs:

a/ To promulgate according to its competence or assume the prime responsibility for, and coordinate with ministries, branches, central agencies of socio-political organizations, and other concerned organizations in, advising, and submitting to, competent authorities for promulgation policies and laws on religions and religious affairs and organization of their implementation;

b/ To provide professional guidance on religious affairs to concerned branches and levels and localities;

c/ To uniformly manage the publishing of religious publications, prayer-books, works, teaching syllabuses and religious cultural products of religious organizations licensed by the State;

d/ To implement, and guide religious organizations, believers, religion followers and religious dignitaries to implement international cooperation in the religion domain according to law; to act as a focal point in contacting domestic and international religious organizations.

15. Regarding cipher work:

a/ To advise the Party and the State on directing cipher work;

b/ To direct and organize the implementation of information security and safety strategies, plannings, programs, plans, schemes and projects after they are approved;

c/ To uniformly manage and ensure technical and professional cipher operations nationwide; to assume the prime responsibility for, and coordinate with ministries and branches in, implementing Party and State guidelines and policies to assure confidentiality and security of state secrets according to law;

d/ To assist the Government in performing the unified state management of civil cryptography, and the supply of cryptographic equipment and products meeting socio-economic development requirements to organizations and individuals upon request.

16. Regarding state records and archives:

a/ To formulate schemes and projects on collection, adjustment, protection, preservation, insurance, exploitation and use of archives and organize the implementation of these schemes and projects after they are approved by competent authorities;

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

c/ To implement professional processes of collection, supplementation, protection, preservation and insurance of archives; to decode, publicize, introduce, exhibit, display, and serve the exploitation and use of archives preserved in national archive centers;

d/ To uniformly manage records and archives statistics nationwide;

e/ To archive digital information in state agencies.

17. Regarding state administrative reforms:

a/ To formulate general programs, plans and schemes on state administrative reforms in each period for submission to competent authorities for approval;

b/ To advise and propose guidelines, policies and solutions to step up state administrative reforms and submit them to the Government or the Prime Minister for decision;

c/ To evaluate pilot administrative reform schemes formulated and submitted to the Prime Minister by ministries, ministerial-level agencies, government-attached agencies or provincial/ municipal People's Committees;

d/ To organize the implementation of administrative reform programs, plans and schemes related to the state administrative apparatus;

e/ To guide, monitor, urge and inspect ministries, ministerial-level agencies, government-attached agencies and local administrations in the implementation of state administrative reforms;

f/To act as the standing body in charge of the Government's administrative reform work.

18. Regarding exercise of democracy at the grassroots:

To guide and inspect the implementation of the Regulation on exercise of democracy in communes, wards, townships, state administrative agencies and non-business units and state enterprises according to law.

19. Regarding international cooperation:

a/ To guide the implementation of the Government's or the Prime Minister's regulations on the organization of international conferences and workshops related to the Ministry's state management domains; to review and periodically report on these conferences and workshops;

b/ To manage and organize international cooperation in the Ministry's state management domains according to the Government's regulations;

c/ To reach agreement with ministries, branches and localities on the organization of international and national conferences and workshops as well as conferences and workshops to be presided over by the Prime Minister or Deputy Prime Ministers, which are related to the Ministry's state management domains;

d/ To assume the prime responsibility for, and coordinate with concerned agencies in, cooperating with the ASEAN countries in the public-duty domain.

20. Regarding the slate management of youth affairs:

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

b/ To guide the integration of mechanisms and policies for the youth in the formulation of plannings, plans and target programs of levels and branches;

c/ To finally and preliminarily review and report to the Government and the Prime Minister the implementation of legal provisions applicable to the youth.

21. To provide public services in the Ministry's state management domains according to law.

22. To inspect, examine, settle complaints and denunciations, prevent and fight corruption and negative practices, and handle violations of law in the branches and domains within the Ministry's state management scope.

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

24. To guide and inspect the grant of permission for agencies and organizations to use seals and the management and use of seals in accordance with law.

25. To organize and direct the implementation of scientific research plans and the application of scientific research findings in the Ministry's state management domains.

26. To organize and direct the application of technologies and information and statistical data in the Ministry's management domains.

27. To manage the organizational apparatus and payroll; to decide on the appointment, re-appointment, transfer, shift, resignation, relief from office, secondment, commendation, disciplining, job severance and retirement of, and direct the implementation of salary regimes and policies and regimes on preferential treatment towards, cadres, employees and civil servants under the Ministry's management in accordance with law; to provide professional training and retraining to cadres, employees and civil servants under the Ministry's management.

28. To manage finance and allocated assets and organize the use of allocated budgets in accordance with law.

29. To perform other tasks and powers assigned or authorized by the Government or the Prime Minister according to law.

Article 3.- Organizational structure

1. The Organization-Payroll Department.

2. The Department for Local Administrations.

3. The Department for Public Employees and Civil Servants.

4. The- Department for Cadre and Public Employee Training and Retraining.

5. The Salary Department.

6. The Department for Non-Governmental Organizations.

7. The Administrative Reform Department.

8. The International Cooperation Department.

9. The Legal Department.

10. The Planning-Finance Department.

11. The General Affairs Departments.

12. The Organization and Personnel Department.

13. The Ministry's Inspectorate.

14. The Ministry's Office.

15. The Central Emulation and Commendation Committee.

16. The Government Committee for Religious Affairs.

17. The Government Committee for Cipher.

18. The State Records and Archives Department.

19. The Ministry's representative agency in Ho Chi Minh City.

20. The Ministry's representative agency in Da Nang city.

21. The Institute of State Organization Science.

22. The State Organization magazine.

23. The Information Center.

24. The Center for Cadre and Public Employee Training and Retraining.

The units defined in Clauses 1 thru 20 of this Article are administrative units assisting the Minister in performing the state management; the units defined in Clauses 21 thru 24 are non-business units serving the Ministry's state management.

The Organization-Payroll Department, the Department for Local Administrations, the Department for Public Employees and Civil Servants, the Planning-Finance Department, the Organization and Personnel Department, the Ministry's Inspectorate, the Ministry's Office, the Ministry's representative agency in Ho Chi Minh City and the Ministry's representative agency in Da Nang city may organize sections.

The Minister of Home Affairs shall define the functions, tasks, powers and organizational structures of the Ministry-attached units, except those defined in Clauses 15 thru 18 of this Article.

The Minister of Home Affairs shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structures of the Central Emulation-Commendation Committee, the Government Committee for Religious Affairs, the Government Committee for Cipher and the State Records and Archives Department, and decisions promulgating lists of other existing non-business units under the Ministry.

Article 4.- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. To annul the Government's Decree No. 45/2003/ND-CP of May 9, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.

3. The time of cessation of effect of the following documents is specified below:

a/ The Government's Decree No. 158/2004/ND-CP of August 25, 2004, establishing the Central Emulation-Commendation Committee will cease to be effective on the effective date of the Prime Minister's decision defining the functions, tasks, powers and organizational structure of the Central Emulation-Commendation Committee;

b/ The Government's Decree No. 91/2003/ND-CP of August 13, 2003, defining the functions, tasks, powers and organizational structure of the Government Committee for Religious Affairs will cease to be effective on the effective date of the Prime Minister's decision defining the functions, tasks, powers and organizational structure of the Government Committee for Religious Affairs;

c/ The Government's Decree No. 140/2003/ND-CP of November 20, 2003, defining the functions, tasks, powers and organizational structure of the Government Committee for Cipher will cease to be effective on the effective date of the Prime Minister's decision defining the functions, tasks, powers and organizational structure of the Government Committee for Cipher,

d/ The Prime Minister's Decision No. 177/2003/QD-TTg of September 1, 2003, defining the functions, tasks, powers and organizational structure of the State Records and Archives Department will cease to be effective on the effective date of the Prime Minister's decision defining the functions, tasks, powers and organizational structure of the State Records and Archives Department.

4. The Central Emulation-Commendation Committee, the Government Committee for Religious Affairs, the Government Committee for Cipher and the State Records and Archives Department may continue maintaining their organization, seals and accounts, and operating within the ambit of the functions, tasks and powers of units under the Ministry of Home Affairs up to the effective date of the Prime Minister's decision defining the functions, tasks, powers and organizational structure of each of the above units.

5. To annul other previous regulations which are contrary to this Decree.

Article 5.- Implementation responsibilities

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