Nghị định 13/2008/NĐ-CP của Chính phủ về việc quy định tổ chức các cơ quan chuyên môn thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương

DECREE

PROVIDING FOR THE ORGANIZATION OF SPECIALIZED BODIES OF PROVINCIAL/MUNICIPAL PEOPLES COMMITTEES

THE GOVERNMENT

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

Pursuant to the November 26, 2003 Law on Organization of Peoples Councils and Peoples Committees;
At the proposal of the Minister of Home Affairs.

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1. Governing scope and subjects of application

1. This Decree provides for the organization of specialized bodies of the Peoples Committees of provinces or centrally run cities (below collectively referred to as provincial-level Peoples Committees).

2. Specialized bodies of provincial-level Peoples Committees include provincial/ municipal Departments and the equivalent (below collectively referred to as provincial/municipal Departments).

3. The following bodies are not governed by this Decree:

a/ Industrial Park Management Boards, Hi-Tech Park Management Boards, Economic Zone Management Boards and Management Boards under other names, which are attached to provincial/municipal Peoples Committees, perform the functions and tasks, exercise the powers and are organizationally structured under decisions of the Prime Minister;

b/ Offices of provincial-level Associations of National Assembly Deputies and Peoples Councils, non-business organizations attached to provincial-level Peoples Committees and central agencies organizations which are organized according to their respective professional hierarchies and based in localities are not governed by this Decree.

Article 2. Principles on organization of specialized bodies of provincial-level Peoples Committees

1. To ensure the fulfillment of state management functions and tasks of provincial- level Peoples Committees and the uniformity, smoothness and management of branches and domains from the central to grassroots level.

2. To organize multi-branch or multi-domain management Departments with quality, neatness, efficacy, efficiency; it is not necessary to have provincial-level organizations corresponding to ministries or ministerial-level agencies at the central level.

3. To suit the natural conditions, population and socio-economic development situation of each locality and state administrative reform requirements.

4. Not to overlap the functions, tasks and powers of ministries or ministerial-level agencies, which are based in localities.

Article 3. Positions and functions of specialized bodies of provincial-level Peoples Committees

1. Specialized bodies of provincial-level Peoples Committees shall advise and assist provincial-level Peoples Committees in performing the functions of state management of branches or domains in localities and perform a number of tasks and powers under the authorization of provincial-level Peoples Committees and the provisions of law.

2. Specialized bodies of provincial-level Peoples Committees shall submit to the organization, staff and activity direction and management of provincial-level Peoples Committees and concurrently to the professional direction, inspection and guidance of their respective superior branch/domain state management agencies.

Article 4. Tasks and powers of specialized bodies of provincial-level Peoples Committees

1. To submit to provincial-level Peoples Committees:

a/ Draft decisions and directives; plannings and long-term, five-year and annual plans; programs and measures to organize the performance of state administrative reform tasks in the branches or domains falling within their respective assigned state management scope:

b/ Draft legal documents defining the functions, tasks and powers of their attached sub-departments;

c/ Draft legal documents specifying the conditions, criteria and titles applicable to heads and deputy-heads of units attached to the Departments; heads and deputy-heads of specialized sections of Peoples Committees of rural districts, urban districts, provincial towns or cities (below collectively referred to as district-level Peoples Committees) within the branches or domains under their respective management.

2. To submit to provincial-level Peoples Committee presidents:

a/ Draft decisions on establishment, merger or dissolution of units attached to provincial-level specialized bodies according to law;

b/ Draft decisions or directives of particular nature, which fall under the promulgating jurisdiction of provincial-level Peoples Committee presidents.

3. To organize the implementation of legal documents, plannings and plans after they are approved; to communicate, propagate, guide, disseminate and educate about law on the domains within their assigned state management scope.

4. To organize and take responsibility for the examination, registration and grant of permits, diplomas and certificates falling within the state management scope of provincial-level specialized bodies under the provisions of law and the assignment or authorization of provincial-level Peoples Committees.

5. To assist provincial-level Peoples Committees in performing the state management of enterprises, collective and private economic organizations, associations and non-governmental organizations falling under the management of specialized bodies according to law.

6. To guide and inspect the implementation of the autonomy and accountability mechanism applicable to public non-business units according to law.

7. To enter into international cooperation in the domains falling under the Departments management according to law and the assignment or authorization of provincial-level Peoples Committees.

8. To provide guidance on the profession and operation in the domains under their respective management to specialized bodies of district-level Peoples Committees and professional titles in communal-level Peoples Committees.

9. To study and apply scientific and technical advances; to build information and archival systems in service of their assigned state management, profession and operation.

10. To examine and inspect according to their assigned branches or domains organizations and individuals in the implementation of legal provisions: to settle complaints and denunciations, to prevent and fight corruption according to law or the assignment of provincial-level Peoples Committees.

11. To define the functions, tasks and powers of offices, specialized sections and non-business units of provincial-level specialized bodies: to manage the payrolls, to apply wage regimes and policies on preferential treatment, training, fostering, commendation or disciplining of cadres and public servants within the state management scope of provincial-level specialized bodies according to law and the decentralization by provincial-level Peoples Committees.

12. To manage finance and assets of provincial-level specialized bodies according to law and the assignment of provincial-level Peoples Committees.

13. To periodically and extraordinarily notify and report on the performance of assigned tasks according to regulations of provincial-level Peoples Committees and ministries or ministerial-level agencies.

14. To perforin other tasks assigned by provincial-level Peoples Committees or prescribed by law.

Article 5. Organizational structure of specialized bodies of provincial-level Peoples Committees

A specialized body of the provincial-level Peoples Committee is organizationally structured to comprise:

1. The office:

2. The inspectorate;

3. Specialized sections;

4. Sub-departments:

5. Non-business organizations.

It is not necessary that departments be composed of the units defined in Clauses 4 and 5 of this Article.

Article 6. Directors, deputy-directors of specialized bodies of provincial-level Peoples Committees

1. Heads of specialized bodies of provincial-level Peoples Committees (below collectively referred to as department directors) shall take responsibility before provincial-level Peoples Committees,provincial-level Peoples Committee presidents and law for the performance of functions and powers of specialized bodies under their respective management.

2. Deputy-heads of specialized bodies of provincial-level Peoples Committees (below collectively referred to as department deputy-directors) shall assist their directors in directing some aspects of work and take responsibility before their directors and law for the assigned tasks. When their department directors are absent, one of department deputy-directors shall be authorized by the directors to run the provincial-level specialized bodies.

The number of deputy-directors of a provincial/municipal Department must not exceed three; particularly the number of deputy-directors of a Department of the Peoples Committee of Hanoi city or Ho Chi Minh City must not exceed four.

3. The appointment, dismissal, transfer, rotation, commendation, disciplining, resignation and retirement of. and the application of regimes and policies towards, directors and deputy-directors of provincial/municipal Departments shall be decided by provincial-level Peoples Committee presidents under the provisions of law.

Article 7. Working regimes of specialized bodies and responsibilities of department directors

1. Specialized bodies of provincial-level Peoples Committees shall work according to the single-leader regime.

2. Based on legal provisions and the assignment of provincial-level Peoples Committees, department directors shall promulgate working regulations as well as briefing and reporting regimes of their agencies and direct and inspect the implementation of those regulations.

3. Department directors shall perform their functions, tasks and powers and tasks assigned or authorized by provincial-level Peoples Committees or presidents of provincial-level Peoples Committees: practice thrift, combat waste and take responsibility for the occurrence of corruption, causing damage in organizations or units under their respective management.

4. Department directors shall report to provincial-level Peoples Committees, presidents of provincial-level Peoples Committees, ministries or ministerial-level agencies on the organization and operation of their respective agencies; ask for their opinions on matters falling beyond their competence and report on activities before Peoples Councils and Peoples Committees at the provincial level when so requested: and shall coordinate with directors of other specialized bodies and heads of socio-political organizations of the same level in solving manors related to their functions, tasks and powers.

Chapter 2

ORGANIZATION OF SPECIALIZED BODIES OF PROVINCIAL-LEVEL PEOPLES COMMITTEES

Article 8. Specialized bodies of provincial-level Peoples Committees are uniformly organized in localities

1. The Home Affairs Department:

a/ To merge the Emulation-Commendation Committee and the Religious Affairs Committee of a province or centrally run city or the religious affair section of a province or centrally run city into the Home Affairs Department;

b/The Home Affairs Department shall advise and assist the provincial-level Peoples Committee in performing the function of state management of home affairs, including the organizational apparatus and payroll of administrative or non-business agencies; administrative reform; local administration: administrative boundaries; state cadres and employees, public servants of communes, wards and townships; associations, non-governmental organizations; clerical work, state archive: religion: emulation and commendation.

2. The Justice Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of the formulation of regulatory documents; the examination and handling of regulatory documents; law popularization and education; civil judgment execution; notarization: authentication; child adoption involving foreign elements; commercial arbitration; civil status: nationality; legal records: lawyers, legal consultancy; legal assistance; judiciary examination; grassroots conciliation; auction of assets related to judgment enforcement and other judicial activities under the provisions of law.

3. The Planning and Investment Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of planning and investment, covering the fields of synthesizing socio-economic development plannings and plans; organizing the implementation of and proposing socio-economic management mechanisms and policies in the province: domestic and foreign investment in the locality: business registration: and shall synthesize and uniformly manage matters related to enterprises, cooperatives and private economy.

4. The Finance Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of finance: state budget: taxes, charges, fees and other revenues of the state budget: state financial funds; financial investment: corporate finance; book-keeping: independent audit: prices and financial service activ ities in the locality under the provisions of law.

5. The Industry and Trade Department:

a/To consolidate the Industry Department with the Trade Department (or Trade-Tourism Department) into the Industry and Trade Department; to transfer the tourism functions and organizations of the Trade Department (or the Trade-Tourism Department) to the Culture, Sports and Tourism Department;

b/ The Industry and Trade Department shall advise and assist the provincial-level Peoples Committee in performing the function of state management of industry, cottage industry and handicraft and trade, covering the branches and domains of mechanical engineering; metallurgy; electricity; new energy; regenerated energy; petroleum (if any); chemicals; industrial explosives; mining and mineral-processing industry; goods circulation in localities; export and import; market management; trade promotion; electronic commerce; commercial services; economic integration; international trade; management of industrial complexes and spots in localities.

6. The Agriculture and Rural Development Department:

a/To consolidate the Fishery Department with the Agriculture and Rural Development Department into the Agriculture and Rural Development Department;

b/ The Agriculture and Rural Development Department shall advise and assist the provincial-level Peoples Committee in performing the function of slate management of agriculture: forestry; salt production; fishery: irrigation and rural development; flood and storm prevention and combat; safe agricultural, forestry, fishery and salt products in the production-marketing process.

7. The Transport Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of transport, covering roads; waterways; transport; traffic safety.

8. The Construction Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of construction; building materials; dwelling houses and public offices; architecture; construction plannings; technical infrastructures of urban centers, industrial parks, export processing zones, economic zones, hi-tech parks (including urban infrastructures; water supply and drainage; waste water treatment, public lighting, greenery parks, cemeteries, garbage from urban centers, industrial parks, export processing zones, economic zones, hi-tech parks); urban development; real estate business.

Particularly in Hanoi city and Ho Chi Minh City, the Planning-Architecture Department shall advise and assist the municipal Peoples Committee in performing the function of state management of urban construction plannings and architecture, rural population quarter construction plannings falling under the municipal management according to Clause 3, Article 9 of this Decree.

9. The Natural Resources and Environment Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of land resources; water resources: minerals resources; geologv. environment: hydrological meteorology: measurement and maps: synthesis and uniform management of matters related to seas and islands (for provinces with seas and islands)

10. The Information and Communication Department:

a/ To set up the Information and Communication Department on the basis of the Post and Telecommunications Department and the functions and organizations of state management of the press, publication transferred from the Culture, Sports and Tourism Department;

b/ The Information and Communication Department shall advise and assist the provincial-level Peoples Committee in performing the function of state management of the press; publication; post and delivery; telecommuni-cations and internet; wave transmission; radio frequencies, information and electronic technologies; radio and television; information and communication infrastructures; advertisement on mass media, websites and publications.

11. The Labor, War Invalids and Social Affairs Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of the domains of labor; employment; vocational training; wages; remuneration: social insurance; unemployment insurance; labor safety: people with merits; social relief; child protection and care; social evil prevention and combat (referred collectively to as labor domain, people with merits and social affairs); gender equality; to receive the functions and organizations of child protection and care from the Committee for Population, Family and Children.

12. The Culture. Sports and Tourism Department:

a/ To consolidate the Physical Training and Sports Department and the Tourism Department with the Culture and Information Department into the Culture. Sports and Tourism Department; to transfer the function and organizations related to the press and publication to the Information and Communication Department;

b/ The Culture, Sports and Tourism Department shall advise and assist the provincial-level Peoples Committee in performing the function of state management of culture; physical training, sports and tourism; family; advertisement (excluding the advertisements on mass media, websites and publications); receive the family-related functions and organizations from the Committee for Population, Family and Children.

13. The Science and Technology Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of scientific and technological activities; development of scientific and technological resources; standards, measurement and quality; intellectual property; application of radiation and radioactive isotopes: radiation and nuclear safety.

14. The Education and Training Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of education and training, covering education and training objectives, programs and contents; teachers standards and educational administrators standards: standards on material foundations, school equipment and childrens toys: regulations on examinations, grant of diplomas and certificates: and the assurance of education and training quality.

15. The Health Department:

To advise and assist the provincial-level Peoples Committee in performing the function of state management of health care and protection for people, covering preventive medicine: medical examination and treatment; functional rehabilitation; traditional medicine and pharmacy; curative and preventive medicines for human use: cosmetics; food hygiene and safety: medical equipment; population; health insurance; the population-related functions and organizations transferred from the Committee for Population, Family and Children.

16. The Provincial Inspectorate:

The Provincial Inspectorate is a department-level agency advising and assisting the provincial-level Peoples Committee in performing the function of state management of inspection work, settlement of complaints and denunciations, and performing the tasks and powers on inspection and corruption prevention and fighting.

17. The Office of the Peoples Committee:

a/ The Office of the Peoples Committee is a department-level agency assisting the Peoples Committee and the president of the Peoples Committee at the provincial level;

b/ The Office of the Peoples Committee has the general advisory function, assisting the Peoples Committee in organizing the latters general activities; advising and assisting the Peoples Committee president and vice-presidents and directing and running general activities of the local administrative apparatus; supplying information in service of the direction and administration of the Peoples Committee and Peoples Committee president and supplying information to the public according to law; ensuring material and technical conditions for activities of the Peoples Committee and Peoples Committee president.

18. To dissolve the Committee for Population, Family and Children after its functions and organizations are transferred to the Health Department, the Culture, Sports and Tourism Department and the Labor, War Invalids and Social Affairs Department.

Article 9. Specialized bodies organized under peculiar conditions of each locality

1. The Foreign Affairs Department shall advise and assist the provincial-level Peoples Committee in performing the function of state management of foreign affairs activities, national boundaries and territory (in provinces with land boundaries) according to law.

A Foreign Affairs Department is set up under the following criteria:

a/ The province has land boundaries and international or national border-gates;

b/ For provinces without land boundaries, they must meet the following criteria for the establishment of a Foreign Affairs Department:

- Having industrial parks, export processing zones, hi-tech parks, open economic zones, border-gate economic zones, which are set up under decisions of the Prime Minister;

- Having national tourist sites or cultural heritages recognized by UNESCO.

c/ Provinces which fail to fully meet the criteria for setting up a Foreign Affairs Department under the provisions of Points a and b, Clause 1 of this Article may set up a Foreign Affairs Section attached to the Office of the Peoples Committee. The Foreign Affairs Section shall submit to the direction by the Peoples Committee; the Office of the Peoples Committee shall ensure material foundations and an administrative apparatus for activities of the Foreign Affairs Section.

2. The Ethnicity Committee is a department-level agency advising and assisting the provincial-level Peoples Committee in performing the function of state management of ethnic activities.

An Ethnicity Committee is set up in provinces or centrally run cities when at least two of the following three criteria are met:

a/ Having more than 20,000 (twenty thousand) ethnic minority people living together in villages or hamlets;

b/ Having more than 5,000 (five thousand) ethnic minority people needing the States concentrated assistance and support for development;

c/ Having ethnic minority people living in key security and defense areas; inter-cropping or inter-dwelling areas; having borders frequently crossed by ethnic minority people of Vietnam and neighboring countries.

For provinces which are inhabited by ethnic minority people but fail to satisfy the above-mentioned criteria, an Ethnicity Section may be set up (or ethnicity officials may be arranged) under the Office of the provincial-level Peoples Committee. The Ethnicity Section (or ethnicity officials) shall submit to the direction of the provincial-level Peoples Committee. The Office of the provincial-level Peoples Committee shall ensure material and administrative conditions for activities of the Ethnicity Section.

3. The Planning-Architecture Department (set up in Hanoi city and Ho Chi Minh City):

The Pfenning-Architecture Department shall advise and assist the municipal Peoples Committee in performing the function of state management of urban construction plannings and architecture, rural population quarter construction plannings falling within the scope of management of the municipal Peoples Committee.

Chapter 3

TASKS AND POWERS OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES AND PROVINCIAL-LEVEL PEOPLES COMMITTEES IN ORGANIZING SPECIALIZED BODIES

Article 10. The Minister of Home Affairs

1. In case of necessity or changes in provincial administrative boundaries, to submit to the Government for decision the establishment, merger or dissolution of specialized bodies of provincial-level Peoples Committees in order to meet the state management and management decentralization requirements of the Government.

2. To coordinate with ministries and ministerial-level agencies in guiding in detail the functions, tasks, powers and organizational structures of specialized bodies of provincial-level Peoples Committees.

3. To examine, inspect and settle complaints or denunciations about the establishment of specialized bodies of provincial-level Peoples

Committees under the provisions of this Decree and relevant legal documents.

Article 11. Ministers, heads of ministerial-level agencies

1. To submit to the Government for decision the decentralization of state management of branches or domains to provincial-level Peoples Committees.

2. To promulgate specific standards on titles of directors and deputy-directors of specialized bodies of provincial-level Peoples Committees according to branches or domains under their respective management.

3. To professionally direct, guide and inspect specialized bodies of provincial-level Peoples Committees according to branches or domains under their respective management and the provisions of law.

4. To assume the prime responsibility for. and coordinate with the Home Affairs Ministry in. guiding the functions, tasks, powers and organizational structures of specialized bodies of provincial-level Peoples Committees.

Article 12. Provincial-level Peoples Committees

1. Based on the local characters, socio-economic development and state management requirements on foreign affairs activities, borders or ethnic affairs and the criteria defined in Clauses 1 and 2 of Article 9 of this Decree, provincial-level Peoples Committees shall formulate schemes on setting up of these organizations and submit them to the Peoples Councils of the same level for decision. For provinces in which Foreign Affairs Departments or Ethnicity Committees have been set up before the effective date of this Decree, they need not to cany out procedures for re-establishment.

2. To specify the tasks, powers and organizational structures of specialized bodies of provincial-level Peoples Committees according to the provisions of this Decree and relevant legal documents.

Article 13. Provincial-level Peoples Committee presidents

1. To appoint department directors and deputy-directors under the title standards prescribed by ministers or heads of ministerial-level agencies and the procedures prescribed by law (particularly, the appointment and dismissal of provincial chief inspectors comply with the the Inspection Law).

2. To assign the department directors to appoint or dismiss heads and deputy-heads of attached agencies or units under the title standards promulgated by provincial-level Peoples Committees.

3. To annually report on organization and operation of provincial-level specialized bodies to provincial-level Peoples Councils and the Minister of Home Affairs.

Chapter 4

IMPLEMENTATION PROVISIONS

Article 14. Implementation effect

1. This Decree takes effect 15 days after its publication in CONG BAO and replaces the Governments Decree No. 171/2004/ND-CP of September 29, 2004. defining the organization and operation of specialized bodies of provincial-level Peoples Committees.

2. To annul all previous regulations which are contrary to this Decree.

Article 15. Implementation responsibilities

1. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with other ministers and the director of the Government Office in, urging, inspecting and reporting to the Prime Minister on the implementation of this Decree.

2. Provincial-level Peoples Committees shall direct and complete the rearrangement and reorganization of their specialized bodies within 90 days after this Decree takes effect.

3. Ministers, heads of ministerial-level agencies, chairmen of provincial/municipal Peoples Councils and presidents of provincial/ municipal Peoples Committees shall implement this Decree.