Decree No. 86/2002/ND-CP dated November 05, 2002 of the Government prescribing the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies

DECREE

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

THE GOVERNMENT

Pursuant to the 1992 Constitution and the Xth National Assembly’s Resolution No. 51/2001/QH10 of December 25, 2001 amending and supplementing a number of articles of the 1992 Constitution of the Socialist Republic of Vietnam;

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

Pursuant to Resolution No. 10/2002/NQ-CP of September 6, 2002 of the Government’s August 2002 regular meeting;

At the proposal of the Minister of the Interior,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Scope and objects of regulation

This Decree prescribes the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies; the working regime and responsibilities of the ministers and the heads of the ministerial-level agencies.

Article 2.-Position and functions

The ministries and the ministerial-level agencies (hereinafter collectively referred to as the ministries) are the Government’s agencies, perform the State management over the branches or working domains nationwide; the State management over public services in these branches or domains; and represent the State in owning its capital portions at the enterprises with State capital according to the provisions of law.

Article 3.-Ministers, heads of ministerial-level agencies

The ministers and the heads of the ministerial-level agencies (hereinafter collectively referred to as the ministers) are Cabinet members, heads and leaders of the ministries; are answerable to the Prime Minister and the National Assembly for managing the branches and domains in the whole country; perform their tasks and exercise their powers prescribed in Articles 6, 23, 24, 25, 26, 27 and 28 of the 2001 Law on Organization of the Government and specified in this Decree.

Vice-ministers and deputy-heads of the ministerial-level agencies (hereinafter collective referred to as vice ministers) are assistants to the ministers, assigned by the ministers to direct some aspects of work and be answerable to the ministers for their assigned tasks. When the minister is absent, one vice minister shall be authorized by the minister to lead the work of the ministry.

The number of vice-ministers in each ministry shall not exceed four. For special cases, the Prime Minister shall make the decision.

Chapter II

TASKS AND POWERS OF THE MINISTRIES AND MINISTERS

Article 4.-Regarding law

1. To submit to the Government the tentative annual programs on elaboration of laws and ordinances, the Government’s resolutions and decrees according to the State management requirements of the ministries, take responsibility for implementing these programs according to the approved plans and other projects as assigned by the Government;

2. To submit to the Prime Minister for promulgation decisions and directives of the Prime Minister;

3. To promulgate decisions, directives and circulars falling under the ministries State management scope, guide and inspect the implementation thereof;

4. To direct and organize the dissemination, education and publicization of legal documents falling under the ministries State management scope;

5. To examine legal documents promulgated by the ministries, the People’s Councils and the People’s Committees of the provinces and centrally run cities, detect regulations promulgated ultra vires by these agencies or those contrary to the legal documents concerning the branches and domains managed by the ministries, and settle them according to the provisions of Clauses 3, 4 and 5 of Article 13 of this Decree.

Article 5.-Regarding strategies, plannings and plans

1. To submit to the Government long-term, five-year and annual strategies, development plannings and plans; and important projects of the branches and domains;

2. To publicize strategies, development plannings and plans after they are approved (except for those matters classified as State secrets); direct and guide the implementation thereof;

3. To perform socio-economic, security and defense tasks related to the branches and domains under the ministries State management;

4. To appraise within the ministries State management scope the contents of pre-feasibility and feasibility study reports, programs, projects and schemes in their branches and domains; take responsibility for the contents of the above-said reports and projects drafted by their agencies and organizations; to approve and decide on investment in projects falling under their competence according to the provisions of law.

Article 6.-Regarding international cooperation

1. To submit to the Government the negotiation on, signing of, and accession to, international treaties in the name of the State or the Government concerning the branches and domains under the ministries State management;

2. To organize the implementation of the international treaties already signed or acceded to, which concern the branches and domains under the ministries State management;

3. To submit to the Government the signing of, accession to, and approval of, international agreements as well as policies and measures to expand cooperation with foreign countries, territories and international organizations under the ministries State management scope;

4. To direct and organize the implementation of international agreements and materialize the policies and measures already approved by the Prime Minister;

5. To join international organizations according to the assignment of the Government;

6. To undertake international cooperation in the branches and domains according to the provisions of law; to permit their attached units, foreign agencies and organizations that are granted operation licenses by central agencies to organize international conferences and workshops with the contents related to the branches and domains under the ministries State management;

7. To inspect the implementation of internationally financed programs and projects in the branches or fields managed by the ministries; to direct and organize the implementation of the ministries internationally financed programs and projects.

Article 7.-Regarding administrative reform

1. To decide on and direct the implementation of the ministries administrative reform programs according to the objectives and contents of the overall administrative reform program of the State, already approved by the Prime Minister;

2. To submit to the Government the schemes on the decentralization of the ministries State management tasks to the local People’s Committees and perfect the economic and social management institutions within the branches and domains under the ministries the State management;

3. To decide on and direct the modification and simplification of administrative procedures as well as the modernization of administrative work within the ministries management scope.

Article 8.-Regarding the representation of the State in owning its capital portions at the enterprises with State capital

The ministries shall represent the State in owning its capital portions at the enterprises with State capital according to the provisions of law.

Article 9.-Regarding the State management over organizations providing public services in the branches and domains under the ministries State management

1. To submit to the Government for promulgation mechanisms and policies to encourage the development of public services;

2. To submit to the Prime Minister for promulgation conditions and criteria for establishment of public service-providing organizations;

3. To promulgate economic and technical norms for public services according to their competence;

4. To guide and create conditions for public service-providing organizations to operate according to law.

Article 10.-Regarding the State management over collective and private economic organizations

1. To submit to the Government for promulgation mechanisms and policies to encourage, support and orient the development of collective and private economies in the branches and domains under the ministries State management;

2. To guide the implementation of mechanisms and policies to encourage, support and orient the development of collective and private economies in the branches and domains under the ministries State management after they are approved by the Government;

3. To submit to the Prime Minister for promulgation model charters for collective economic organizations in the branches and domains under the ministries State management; to provide guidance on the organization and operation of cooperation groups;

4. To guide the application and transfer of sciences and technologies; to render support in terms of information, marketing and trade promotion to collective and private economic organizations;

5. To develop regimes of training and fostering of managerial officials for collective and private economic organizations;

6. To direct the review of practical experiences, expand on a wide scale models of efficient economic activity.

Article 11.-Regarding the State management over the operation of associations and non-governmental organizations in the branches and fields, which operate on a national or inter-provincial scale

1. The ministries in charge of the State management over branches and domains shall have the following tasks and powers:

a/ To guide and create conditions for associations and non-governmental organizations to participate in activities in the branches and domains under the ministries State management according to the provisions of law; to organize the solicitation of opinions of associations and non-government organizations with a view to perfecting the regulations on the State management over the branches and domains;

b/ To inspect the implementation of the State’s regulations on the branches and domains by associations and non-governmental organizations; handling or proposing the competent State bodies to handle law violations committed by associations and non-governmental organizations according to the provisions of law.

2. The Ministry of the Interior shall have the following tasks and powers:

a/ To submit to the Government for prescription the order and procedures for establishment, dissolution, and approval of the charters of, associations and non-governmental organizations;

b/ To decide on the establishment, dissolution, and approval of the charters of, associations and non-governmental organizations;

c/ To guide and inspect the implementation of their charters by associations and non-governmental organizations.

Article 12.-Regarding the organizational structure and State officials and employees

1. To submit to the Government for promulgation decrees prescribing the functions, tasks, powers and organizational structures of the ministries;

2. To submit to the Government for decision the establishment, reorganization and dissolution of general departments under the ministries;

3. To submit to the Prime Minister for decision the establishment, reorganization and dissolution of departments and inspectorates of the ministries, non-business organizations attached to the ministries, and the prescription of the functions, tasks and organizational structures of general departments under the ministries;

4. To decide on the establishment of other non-business organizations not falling under the Government’s or the Prime Minister’s jurisdiction according to the provisions of law;

5. To submit to the Prime Minister for appointment, removal from office, and dismissal of vice-ministers and general directors of general departments, and chief inspectors of the ministries;

6. To appoint, remove from office and discipline deputy general-directors of general departments, directors and deputy-directors of departments and offices and deputy chief inspectors of the ministries, heads and deputy-heads of non-business organizations attached to the ministries; to prescribe the competence and responsibilities of the heads of organizations attached to the ministries; to appoint the above-mentioned posts for every five-year term; past this duration, to re-appoint these posts according to the provisions of law;

7. To define the specific functions, tasks and powers as well as organizational structures of departments, inspectorates, offices, and non-business organizations and the working relations of each organization; prescribe the competence and responsibilities of the heads of organizations within the structures of the ministries; draw up plans and direct the perfection of the organizational structures of the ministries;

To submit to the Government for prescription the functions and tasks of the inspectorates of the ministries where it is so stipulated by specialized laws or ordinances;

8. To decide on and organize the implementation of concrete measures to enhance administrative discipline among officials and public employees of the ministries; to combat corruption, wastefulness and all red-tape, harassment and authoritarian signs in the branches and domains under the management of the ministries;

9. To organize the training, fostering, recruitment, use, transfer, rotation, retirement work, to implement the salary, reward, disciplining and other regimes towards officials and public employees under the management of the ministries according to the provisions of law;

10. To promulgate by themselves or together with other ministries professional criteria and qualifications of the heads of professional agencies under the provincial/municipal People’s Committees;

11. To draw up plans on professional training and fostering for officials and public employees in the domains under the State management of the ministries.

Article 13.-Regarding supervision and inspection

1. To guide and inspect the ministries, the agencies attached to the Government, the People’s Committees at all levels, economic and social organizations, people’s armed force units, Vietnamese citizens and foreigners staying in Vietnam in their observance of the State’s laws and legal documents promulgated by the ministries concerning the branches and domains;

2. To inspect the ministries and the agencies attached to the Government, to direct, guide and inspect the People’s Committees at all levels in the implementation of their tasks in the branches and domains of the ministries;

3. To supervise, inspect and propose the ministers who manage other branches and domains to postpone the implementation of, or amend or annul, the regulations promulgated by their ministries, which are contrary to the legal documents on the branches and domains managed by their own ministries; if the ministers who receive such proposals disagree, they shall submit such proposals to the Prime Minister for decision;

4. To supervise, inspect and suspend the implementation of, and propose the Prime Minister to annul, the regulations of the provincial/municipal People’s Committees or their presidents, which are contrary to the legal documents concerning the branches and domains managed by the ministries, and bear responsibility for their suspension decisions. In cases where the provincial/municipal People’s Committees disagree with the implementation suspension decisions, they must still abide by such decisions but shall be entitled to report the issues to the Prime Minister;

5. To supervise and propose the Prime Minister to suspend the implementation of the resolutions of the provincial/municipal People’s Councils, which are contrary to the legal documents concerning the branches and domains managed by the ministries;

6. To settle citizens complaints and denunciations and organize the reception of citizens who come to present their complaints, denunciations, proposals and views concerning the branches and domains under the ministries State management according to the provisions of law.

Article 14.-Regarding finance and asset management

1. To submit to the Government their annual budget estimates;

2. With regard to financial plans directly managed and executed by the ministries after they are approved: The ministers shall decide on their allocation, supervise the spending, be responsible for making final settlements and be entitled to revise details within the already approved limit of total financial revenues and expenditures in order to accomplish the assigned tasks without changing the objectives of the approved plans;

3. With regard to financial plans managed by the ministries or localities for realizing the approved objectives and programs in the branches and domains under the ministries’State management: The ministers shall have to supervise the realization of the approved objectives and programs and coordinate with the Ministry of Finance and the Ministry of Planning and Investment in adjusting details within the limit of the approved financial plans so as to ensure the realization of the set objectives and programs;

4. To perform the financial and accounting management work according to the provisions of law;

5. To manage and use efficiently assets assigned by the State to the ministries.

Chapter III

ORGANIZATIONAL STRUCTURES OF THE MINISTRIES

Article 15.-The organizational structure of a ministry consists of:

1. The ministry’s departments, inspectorate and office;

2. Departments and general departments (not necessary for all ministries to have them);

3. Non-business organizations;

The number of deputies of the head of a department, inspectorate or office of the ministries, a department, general department or non-business organization attached to the ministries shall not exceed three.

Article 16.-Departments

1. Departments are organized to advise and assist the ministers in performing the State management over branches and domains along the direction that one department shall be assigned many tasks while one task shall not be assigned to many departments;

2. Departments shall neither have sections nor own seals.

In cases where it is necessary to set up sections within departments, the Government shall prescribe such concretely in its decrees on the functions, tasks, powers and organizational structures of the relevant ministries.

Article 17.-Offices of the ministries

1. A ministry’s office shall assist the minister in summing up and coordinating activities of the ministry’s organizations according to the working programs and plans, and perform the administrative management over activities of the ministry.

2. Major tasks of a ministry’s office are as follows:

a/ Synthesizing and elaborating regular working programs and plans of the ministry; monitoring and urging the implementation thereof; making regular and irregular reports on the implementation of the ministry’s tasks;

b/ Organizing the management and guiding the implementation of the administrative, documentation, correspondence and archival work; synthesizing the emulation and reward work of the ministry;

c/ Inspecting the mode and procedures in the promulgation of the ministry’s documents;

d/ Assisting the minister in supplying information to the mass media, organizations and individuals;

e/ Ensuring disciplinary order according to the internal regulations of the agency;

f/ Managing material bases, ensuring working facilities and conditions of the ministry; managing assets and operation funds of the ministry;

For specific cases where it is necessary to have an organization to perform this task, the Government shall specify such in its decrees on the functions, tasks, powers and organizational structures of the relevant ministries.

3. The office of a ministry shall have its own seal; its organizational structure may be composed of sections.

Article 18.-Inspectorates of the ministries

1. The inspectorate of a ministry shall exercise its inspection right within the State management scope of the ministry according to the provisions of the legislation on inspection.

2. Major tasks of a ministry’s inspectorate:

a/ Submitting to the minister annual inspection programs and plans; organizing their implementation after they are approved by the minister;

b/ Inspecting the law observance by State agencies, economic and social organizations and citizens falling under the State management jurisdiction of the ministry and handling violations according to the provisions of law;

c/ Inspecting the implementation of polices, laws and assigned tasks by units and individuals under the ministry;

d/ Assisting the minister in receiving citizens and settling complaints and denunciations according to the provisions of law.

3. The inspectorate of a ministry shall have its own seal; its organizational structure may be composed of sections.

Article 19.-Departments attached to the ministries

1. Departments shall be organized to perform specialized State management tasks falling under the State management scope of the ministries; departments shall not promulgate legal documents;

2. Subject to the management by the departments shall be organizations and individuals engaged in activities related to the specialized branches and governed by the legislation on such specialized branches; departments shall not necessarily operate in all provinces and centrally-run cities;

3. Departments may set up sections and attached units; departments shall have their own seals and bank accounts.

Article 20.-General departments attached to the ministries

1. General departments shall be organized to perform big and complicated specialized State management tasks which are not assigned to localities, submit to the direct management of the ministries, have a nationwide organizational hierarchy from the central to the local level; general departments shall not promulgate legal documents;

2. Subject to the management by the general departments shall be organizations and individuals engaged in activities related to the specialized branches and governed by the legislation concerning such specialized branches;

3. A general department’s organizational structure shall be composed of the general department, provincial-level departments, district-level sub-departments (if any). The general department shall have an office, sections and attached units. General departments shall have their own seals and bank accounts.

Article 21.-Non-business organizations attached to the ministries

1. The establishment of non-business organizations attached to the ministries to serve the ministries State management tasks or provide some public services of important characteristics or nature, which need to be directly provided by the ministries.

2. Non-business organizations shall not have the State management function;

3. Non-business organizations shall enjoy autonomy and take self-responsibility for organizing their organizational apparatuses, payrolls and finance according to the provisions of law;

4. Non-business organizations shall have their own seals and bank accounts.

Chapter IV

WORKING REGIME AND RESPONSIBILITIES OF THE MINISTERS

Article 22.-Working regimes and responsibilities of the ministers towards their ministries

1. The ministers work according to the regime of single leader, ensuring the principles of democratic centralism; decide to promulgate working regulations, information and reporting regimes of their ministries and attached units; direct and supervise the implementation of these regulations;

2. The ministers shall be responsible for preparing matters in the branches and domains falling under the jurisdiction of the Government or the Prime Minister for the Government or the Prime Minister to decide thereon.

3. The ministers shall be responsible for the quality and content of legal documents drafted by their ministries; for directing the implementation of strategies, development plannings, working programs and plans after they are approved by the Government or the Prime Minister; for the effectiveness of their ministries projects, programs and schemes and for using their ministries resources;

4. The ministers shall decide on matters falling under their ministries management scope and be responsible for their decisions;

5. The ministers shall be responsible for matters under their ministries direct management; take joint responsibility for the tasks already assigned to local administrations but the ministries fail to fulfil their guiding, supervision and inspection responsibilities, thus resulting in the occurrence of dangerous incidents and disasters, inflicting great losses and damage to the properties of the State and people;

6. The ministers shall be responsible for exercising the right of representing the State in owning its capital portions at the enterprises with State capital according to the provisions of law;

7. The ministers shall be responsible for management mistakes and the occurrence of corrupt and red-tape cases, causing great damage to the agencies and units under their management;

8. If the ministers assign vice-ministers to settle matters under the jurisdiction of the ministers or authorize vice ministers to work with and settle proposals of localities or other ministries, the ministers must be responsible for the decisions made by vice-ministers who are assigned or authorized to settle them.

Article 23.-Responsibilities of the ministers towards the Government and the Prime Minister

1. To fully perform the ministries functions of State management over branches and domains;

2. Not to refer matters under the settling competence of their ministries to the Government or the Prime Minister; not to promulgate documents contrary to the stipulations of the Government or the Prime Minister; to consult the Prime Minister on matters falling beyond their assigned jurisdiction,

3. Together with the Government’s collective to formulate institutions for submission to the National Assembly or its Standing Committee for decision or to the Government for promulgation according to their competence;

4. To fully participate in the Government’s meetings, take part in deciding on matters to be submitted by the Government to the National Assembly for decision, or matters falling under the Government’s jurisdiction;

5. To perform the tasks assigned by the Government or the Prime Minister;

6. The ministers shall submit to the Prime Minister’s inspection of the performance of their tasks and powers assigned by the Government.

Article 24.-Responsibilities of the ministers to other ministers

1. To comply with the State management regulations under the jurisdiction of other ministries; not to promulgate documents contrary to the regulations promulgated by other ministers;

2. To assume the prime responsibility and coordinate with other ministries in settling State management matters under their charge but related to other ministries functions; in cases where they have different opinions, the ministers shall submit them to the Prime Minister for decision;

3. For matters prescribed in legal documents to be submitted by the ministers to the Government or the Prime Minister, which are related to other ministries, there must be written opinions thereon of these ministers. The consulted ministers shall have to study and reply in writing within 10 days after receiving written requests; if the consulted ministries have no reply, they shall be deemed as having consented.

Article 25.-Responsibilities of the ministers towards the provincial/municipal People’s Committees

1. To direct the People’s Committees to realize the already approved objectives, programs, development plannings, plans and projects in the branches and domains; to settle proposals and recommendations of the People’s Committees in compliance with the regulations on the State management over the branches and domains;

2. To provide the People’s Committees with professional guidance and directions regarding the branches and domains under the ministries management;

3. To supervise the People’s Committee presidents in the implementation of professional qualifications and criteria for the heads of the People’s Committees agencies specialized in the branches or domains and request the People’s Committee presidents to give written opinions on the appointment, dismissal, reward or discipline of the heads of the centrally-run organizations based in their localities.

Article 26.-Responsibilities of the ministers towards the agencies of the National Assembly, National Assembly deputies and voters

1. When the National Assembly Standing Committee, the Nationality Council and the National Assembly’s Committees request, the ministers shall have to present or supply necessary materials; the ministers shall send legal documents promulgated by themselves to the Nationality Council and the National Assembly’s Committees according to the domains under their respective charge;

2. The ministers shall have to respond to the recommendations of the Nationality Council and the National Assembly’s Committees within 15 days after receiving these recommendations;

3. The ministers shall have to respond to the questions raised by National Assembly deputies and recommendations of voters regarding matters in the branches or domains under their ministries State management.

Article 27.-Responsibilities of the ministers towards socio-political organizations in the branches or domains

The ministers shall have to coordinate with the heads of trade unions and other mass organizations in performing the ministries tasks; create conditions for these organizations to operate and participate in formulating relevant regimes and policies;

Chapter V

IMPLEMENTATION PROVISIONS

Article 28.-For general departments attached to the ministries and agencies attached to the Government when they are transferred to the ministries

In order to achieve the administrative reform objectives, ensure uniformity in the State administrative apparatus, the general departments attached to the ministries and agencies attached to the Government, when being transferred to the ministries, must be organized under the provisions of this Decree with appropriate steps.

Article 29.-Implementation effect

This Decree takes effect 15 days after its signing. To annul the Government’s Decree No. 15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies.

Article 30.-Implementation responsibility

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.