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.

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