Decree 63/2022/ND-CP functions, tasks, organizational structure of the Ministry of Home Affairs

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

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 state administrative and non-business organizations; local administrations and boundaries of administrative units; cadres, civil servants, public employees and official duties; associations and non-governmental organizations; emulation and commendation; belief and religion; state records and archives; the youth and public services in the sectors and fields falling under the Ministry’s management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Home Affairs shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and 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 of the Government, and draft joint resolutions between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front under the Ministry’s approved annual lawmaking programs and plans, and projects, schemes, programs and resolutions as assigned by the Government or Prime Minister; to submit to the Government or Prime Minister development strategies, master plans, long-term, medium-term and annual development plans and important national projects and works falling under the Ministry’s state management.

2. To submit to the Prime Minister drafts of decisions, directives and other documents falling under the Ministry’s state management or as assigned. To perform the tasks and exercise the powers as assigned or authorized by the Prime Minister.

3. To promulgate circulars, decisions, directives and other documents falling under the Ministry’s state management.

4. To direct, guide, inspect and organize the implementation of promulgated or approved legal documents, strategies, master plans, plans, schemes, important national projects and works falling under the Ministry’s state management; to carry out public communication and education about laws falling under the Ministry’s state management.

5. Regarding state administrative and non-business organizations:

a/ To submit to the Government a scheme on the organizational structure of the Government according to the National Assembly’s tenure; schemes and draft decrees of the Government 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 general departments/directorates and equivalent bodies attached to ministries or ministerial-level agencies; the Prime Minister’s schemes and draft decisions on the establishment, reorganization and dissolution of state administrative or non-business organizations and interdisciplinary consultancy or coordination organizations which are submitted to the Prime Minister by ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees;

c/ To assume the prime responsibility for, and coordinate with the Government Office, ministries, ministerial-level agencies and government-attached agencies in, conducting 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 rating of administrative organizations and public non-business units in accordance with law.

6. Regarding local administrations:

a/ To advise and assist the Government and Prime Minister in directing the election of deputies to the National Assembly and People’s Councils at all levels; to guide and urge People’s Committees at all levels in implementing the election law and relevant guiding documents of the National Election Council and central agencies; to report to the Government and Prime Minister under regulations on election work;

b/ To assist the Government and 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 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 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 Prime Minister for promulgation, or promulgate according to its competence, documents providing regulations on commune-level cadres and civil servants and part-timers 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, revolutionary safety communes and revolutionary safety zones; 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, revolutionary safety communes and revolutionary safety zones.

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 National Assembly Standing Committee for consideration and decision the establishment, dissolution, merger, separation, adjustment of boundaries, and naming and renaming of administrative units, and settlement of disputes related to boundaries of administrative units at all levels;

 c/ To submit to the Government or 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 district-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;

e/ To guide and inspect provincial-level People’s Committees and provincial-level Departments of Home Affairs in implementing regulations on the establishment, dissolution, merger, separation, adjustment of boundaries, naming and renaming of administrative units, and settlement of disputes related to boundaries of administrative units, and the classification of 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 associations assigned tasks by the Party or the State at the central level 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 allocation, adjustment and addition of payrolls of civil servants for administrative agencies and organizations and associations assigned tasks by the Party or the State at the central level in accordance with law and competent agencies’ regulations;

d/ To decide on 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 official duties:

a/ To uniformly manage codes of civil servant ranks and codes of professional titles of public employees; to set professional standards of civil servant ranks and standards of public employees’ professional titles in the fields falling under the Ministry’s management; 

b/ To guide and inspect the determination of the structure of civil servant ranks and employment positions in state agencies;

c/ To appraise criteria, conditions, processes, procedures and dossiers for holders of leading and managerial titles to be decided and ratified by the Prime Minister in accordance with law;

d/ To guide and inspect the implementation of regulations on recruitment, arrangement and employment of civil servants and public employees according to employment positions, appointment of ranks and professional titles, organization of tests or consideration for promotion of civil servant ranks, change of professional titles of public employees, evaluation and rating of the quality of cadres, civil servants and public employees; standards of titles, appointment, re-appointment, transfer, rotation, secondment, resignation from office, relief from duty, disciplining, job quitting, and retirement of cadres, civil servants and public employees as well as other contents related to management of cadres, civil servants and public employees in accordance with law;

dd/ To guide and inspect the implementation of the Government’s regulations on planning and source creation for female officials and percentage of female officials for appointment to different titles in state agencies; to collect and synthesize national statistics indicators on female official-related affairs.

e/ 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 guide the compilation and management of records of cadres, civil servants and public employees, and cards of civil servants and public employees.

10. Regarding training and further training of cadres, civil servants and public employees:

a/ 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 employment positions in the home affairs sector;

b/ To formulate, promulgate, and guide and inspect the implementation of, plans on further training of cadres, civil servants and public employees with state budget funds according to its competence;

c/ 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, central socio-political organizations and provincial-level People’s Committees.

11. Regarding wage policies:

a/ To guide and inspect the implementation of regulations on policies and regimes on wages, allowances, cost-of-living allowances and bonuses for cadres, civil servants and public employees from the central to commune level and contractual employees in state agencies and public non-business units;

b/ To study, and advise competent authorities on, reform of state wage policies.

12. Regarding associations and non-governmental organizations:

a/ To assist the Government in performing the unified state management of associations, social funds, charity funds and domestic non-governmental organizations, and red cross activities in accordance with law;

b/ To appraise and submit to the Prime Minister for approval charters of associations that have Party Committees and are assigned tasks by the Party or the State;

c/ To settle procedures related to associations, social funds, charity funds and non-governmental organizations according to its competence and regulations;

d/ To guide and inspect the implementation of regulations on associations, social funds, charity funds and non-governmental organizations;

dd/ To commend or propose competent authorities to commend organizations and individuals that record achievements in organization and operation of associations, social funds, charity funds and non-governmental organizations.

13. 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 and inspect 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 awarded emulation titles and commendation; and handling of violations related to emulation and commendation;

c/ To organize, guide and inspect 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 conferred by the President, Government or Prime Minister. To grant, change 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.

14. Regarding belief and religion:

a/ To assist the Government in performing the unified state management of belief and religion in accordance with law;

b/ To act as the focal point in contacting domestic and international religious organizations, conducting religious diplomacy and fight for human rights;

c/ To practice, and guide belief communities and religious organizations and individuals to operate in accordance with law;

d/ To perform the unified management of the publishing of purely belief and religious publications, books of rites, works, teaching materials and cultural products of belief communities and religious organizations licensed by the State;

dd/ To commend or propose competent authorities to commend and apply regimes and policies to organizations and individuals engaged in belief and religious activities.

15. 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 the National Collections of Vietnam and archives operations;

c/ To guide and inspect the provision of archives services; to promulgate technical regulations and techno-economic norms on records and archives;

d/ To build and manage the national database on e-archives materials.

16. 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 Government’s standing body for administrative reform work;

b/ To submit to the Government or Prime Minister for decision guidelines, policies and solutions for stepping up state administrative reform;

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

d/ To assume the prime responsibility for organizing reform of the state administrative apparatus and reform of official-duty regime; and public communication about administrative reform. To assume the prime responsibility for making quarterly, biannual and annual reports on administrative reform for submission to the Government at its meetings;

dd/ To formulate, promulgate, and guide methods of monitoring, evaluation and determination of, public administration reform indexes of ministries, ministerial-level agencies and provincial-level People’s Committees; methods of measuring satisfaction of people and organizations with services provided by state administrative agencies;

e/ To organize the implementation of, determine and announce annual public administration reform indexes of ministries, ministerial-level agencies and provincial-level People’s Committees; and indexes of satisfaction of people and organizations with services provided by state administrative agencies;

g/ To guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in formulating and implementing plans and reporting on administrative reform work under regulations.

17. Regarding implementation of democracy and mass mobilization work:

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 in accordance with the Party’s regulations and law.

18. Regarding international cooperation:

a/ To manage and organize international cooperation in the sectors and fields falling under the Ministry’s state management in accordance with law;

b/ To assume the prime responsibility for, and coordinate with related agencies in, carrying out cooperation on official duties and civil servants with ASEAN countries.

c/ To negotiate and sign treaties as authorized by competent state agencies; to conclude, and organize the implementation of, international agreements in the Ministry’s name in accordance with law; to accede to international organizations as assigned by the Government.

19. Regarding state management of youth:

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;

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.

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

21. To provide professional training, further training coaching and guidance in the sectors and fields falling under the Ministry’s state management in accordance with law.

22. To inspect and examine the performance of functions, tasks and powers and the implementation of policies and laws falling under the Ministry’s state management in accordance with law. To prevent and fight corruption, negative practices and crime; to receive citizens; to settle complaints, denunciations, proposals and reported information on the issues falling under the Ministry’s state management in accordance with law.

23. To assume the prime responsibility for, and coordinate with ministries and sectors in, settling proposals of agencies, organizations and units as assigned by the Government or Prime Minister.

24. 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 Ministry’s state management function.

25. To manage the organizational apparatus; employment positions, payroll of civil servants and structure of civil servant ranks; employment positions, number of employees and structure of public employees according to professional titles; and number of contractual employees of the Ministry. To carry out administrative reform; to decide and delegate powers to decide on recruitment, employment and management of cadres, civil servants, public employees and workers under the Ministry’s management in accordance with the Party’s regulations and law; to decide on inclusion of civil servants working as full-time officers for Party’s and mass organizations’ affairs in the Ministry’s payroll; to organize professional training, further training and coaching for, and implement other regimes and policies toward, cadres, civil servants, public employees and workers under the Ministry’s management.

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

27. To synthesize, make statistics of, conduct preliminary and final reviews of, evaluate, and report to the Government, Prime Minister and competent authorities on, the situation and results of performance of the Ministry’s state management tasks in accordance with law or as assigned by competent authorities.

28. To perform other tasks and exercise other powers assigned by the Government or 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 Wage Department.

5. The Non-Governmental Organizations Department.

6. The Administrative Reform Department.

7. The International Cooperation Department.

8. The Legal Affairs Department.

9. The Planning and Finance Department.

10. The Youth Affairs Department.

11. The Organization and Personnel Department.

12. The Inspectorate.

13. The Office.

14. The State Records and Archives Department of Vietnam.

15. The Central Emulation and Commendation Committee.

16. The Vietnam Government Committee for Religious Affairs.

17. The National Academy of Public Administration.

18. The Institute on State Organizational Sciences.

19. The State Organization Review.

20. The Information Center.

In this Article, the units referred to in Clauses 1 thru 16 are administrative units assisting the Minister in performing the state management function; and the units referred to in Clauses 17 thru 20 are public non-business units serving the Ministry’s state management function.

The Minister of Home Affairs shall submit to the Prime Minister for promulgation a decision defining the functions, tasks, powers and organizational structure of the National Academy of Public Administration and a list of other existing public non-business units under the Ministry.

The Minister of Home Affairs shall promulgate decisions defining the functions, tasks, powers and organizational structures of the units under the Ministry, except the unit referred to in Clause 17 of this Article.

Article 4. Transitional provisions

1. The Hanoi University of Home Affairs may continue to perform its functions and tasks and exercise its powers until the Prime Minister promulgates a decision defining the functions, tasks, powers and organizational structure of the National Academy of Public Administration.

2. The Central Emulation and Commendation Committee and the Vietnam Government Committee for Religious Affairs may continue to perform their functions and tasks and exercise their powers until the Minister of Home Affairs promulgates decisions defining their functions, tasks, powers and organizational structures.

3. The Cadre, Civil Servant and Public Employee Training and

Further Training Department and the General Affairs Department may continue to perform their functions and tasks and exercise their powers until the Minister of Home Affairs completes the transfer of functions and tasks and arrangement of their personnel according to the Scheme on arrangement and consolidation of the Departments of the Ministry of Home Affairs enclosed with Report No. 3500/TTr-BNV of July 26, 2022.

Article 5. Effect

1. This Decree takes effect on September 15, 2022.

2. This Decree replaces the Government’s Decree No. 34/2017/ND-CP of April 3, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.

Article 6. 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
PHAM BINH MINH