Nghị định 14/2008/NĐ-CP của Chính phủ về việc quy định tổ chức các cơ quan chuyên môn thuộc Ủy ban nhân dân huyện, quận, thị xã, thành phố thuộc tỉnh

DECREE

PRESCRIBING THE ORGANIZATION OF SPECIALIZED BODIES OF PEOPLES COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS. PROVINCIAL TOWNS OR CITIES

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. Scope of regulation and subjects of application

1. This Decree stipulates the organization of specialized bodies of Peoples Committees of rural districts, urban districts, provincial towns or cities (below collectively referred to as district-level Peoples Committees).

2. Specialized bodies of district-level Peoples Committees include specialized sections and section-equivalent bodies (below collectively referred to as sections).

3. Non-business organizations under district-level Peoples Committees, agencies within the central governments system, bodies of provincial-level services or service-equivalent bodies of provincial/municipal Peoples Committees (below collectively referred to as provincial/municipal services), which are located in districts, fall outside the scope of regulation of this Decree.

Article 2. Principles for organization of specialized bodies of district-level Peoples Committees

1. To embrace all state management functions and tasks of district-level Peoples Committees and ensure the unified and uninterrupted management of branches and work domains from the central to grassroots level.

2. To be rationally and effectively organized and properly staffed sections in charge of multi-branch and muiti-sector management; it is unnecessary that any provincial-level service must have a corresponding organization at the; disitrict level.

3. To be suitable to each type of disirici-level administrative unit and natural conditions, the population and socio-economic development situation of each locality, and meet the state administrative reform requirements.

4. To avoid overlap in terms of functions, tasks and powers with organizations of ministries or provincial services based in districts.

Article 3. Position and functions of specialized bodies of district-level Peoples Committees

1. Specialized bodies of district-level Peoples Committees shall act as advisory bodies assisting the latter in performing state management functions in localities: perform and exercise a number of tasks and powers as authorized by district-level Peoples Committees and in accordance with law; and contribute to ensuring the unified management of branches or work domains in localities.

2. Specialized bodies of district-level Peoples Committees are subject to the direction and management in terms of organization, payrolls and work by district-level Peoples Committees, and at the same time to the professional direction, inspection and guidance by specialized bodies of provincial-level Peoples Committees.

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

1. To submit to district-level Peoples Committees for promulgation decisions and directives: long-term. 5-year and annual plannings and plans: programs and measures to organize the performance of state administrative reform tasks in aligned state managemen; domains.

2. To organize the implementation of legal documents, plannings and plans after they are approved: to propagate, disseminate and educate about laws on their assigned state management domains.

3. To assist district-level Peoples Committees in conducting, and bear responsibility for, the evaluation, registration and grant of licenses within their scope of responsibility and competence in accordance with law and the assignment by district-level Peoples Committees.

4. To assist district-level Peoples Committees in performing the state management of collective and private economic organizations, associations and non-governmental organizations in their localities operating in domains under their management in accordance with law.

5. To provide professional guidance on domains under their management to cadres and public employees of communes, wards and disuict townships (below collectively referred to as the commune level).

6. To organize the application of scientific and technological advances: to build information and archival systems serving their state management and professional work.

7. To periodically or extraordinarily supply information or report on the performance of their assigned tasks under regulations of district-level Peoples Committees and branch- or domain-managing provincial/municipal services.

8. To inspect organizations and individuals observance of legal provisions within branches or domains under their respective management as assigned: to settle complaints and denunciations and combat corruption in accordance with law and the assignment by district-level Peoples Committees.

9. To manage their organizational apparatus and payrolls; to implement regulations and policies towards, and regulations on preferential treatment, commendation, discipline, professional training and retraining of cadres, public employees and other laborers under their management in accordance with law and the assignment by district-level Peoples Committees.

10. To manage their finance and assets in accordance with law and the assignment by district-level Peoples Committees.

11. To perform other tasks assigned by district- level Peoples Committees.

Article 5. Heads of specialized bodies of district-level Peoples Committees

1. Heads of specialized bodies of district-level Peoples Committees (below referred to as section heads) shall bear responsibility before district-level Peoples Committees, presidents of district-level Peoples Committees and law for the performance of functions, tasks and powers by their specialized bodies.

2. Deputy heads of specialized bodies of district-level Peoples Committees (below referred to as section deputy heads) shall assist section heads in directing some working aspects and bear responsibility before the latter for their assigned tasks. When a section head is absent, one of his/ her deputies is authorized to administer activities of the district-level specialized body.

3. The number of deputy heads of a specialized body of a district-level Peoples Committee must not exceed three.

4. The appointment.transfer, rotation. commendation, disciplining, relief from office, permission for resignation of. and implementation of entitlements and policies towards, section heads and deputy heads shall be decided by presidents of district-level Peoples Committees in accordance with law.

Article 6. Working regimes of specialized bodies of district-level Peoples Committees and responsibilities of section heads

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

2. Section heads shall base themselves on legal provisions and the assignment by district-level Peoples Committees to elaborate working regulations and information and reporting regimes of their sections, and direct and inspect the implementation of these regulations and regimes.

3. Section heads shall bear responsibility for the performance of their sections functions, tasks and powers and tasks assigned or authorized by district-level Peoples Committees or presidents of district-level Peoples Committees; practice thrift, combat wastefulness and bear responsibility for corruption or loss which occurs in organizations or units under their management.

4. Section heads shall report to district-level Peoples Committees, presidents of district-level Peoples Committees and branch- and domain-managing provincial/municipal services on the organization and operation of their sections: report on their work to Peoples Councils and Peoples Committees of the same level u hen so requested; and coordinate with heads of specialized bodies and socio-political organizations of the same level in solving problems related to their functions, tasks and powers.

Chapter 2

ORGANIZATION OF SPECIALIZED BODIES OF DISTRICT-LEVEL PEOPLES COMMITTEES

Article 7. Specialized bodies that are uniformly organized in districts, provincial towns or cities

1. The Home Affairs Section: This section shall advise and assist district-level Peoples Committees in performing the state management of the organization and payrolls of state administrative or non-business agencies: administrative reforms; local administration: administrative boundaries; cadres, public employees and servants: cadres and public employees of communes, wards or district townships; associations and non-governmental organizations; paperwork and state archive; religious affairs; emulation and commendation.

2. TheJustice Section: This section shall advise and assist district-level Peoples Committees in performing the state management of the elaboration of legal documents; inspection and handling documents: law dissemination and education; enforcement of civil judgments; notarization; household registration; legal aid; grassroots reconciliation and oilier judicial duties.

3. The Finance-Planning Section: This section shall advise and assist district-level Peoples Committees in performing the state management of finance, assets, planning and investment; business registration; synthesizing reports and uniformly managing cooperative economy, collective economy and private economy.

4. The Natural Resources and Environment Section: This section shall advise and assist district-level Peoples Committees in performing tne state management of land resources: water resources: mineral resources; the environment: meteorology and hydrology: measurement, cartography and marine environment (for coastal localities).

5. The Labor. War Invalids and Social Affairs Section: This section shall advise and assist district-level Peoples Committees in performing the state management of labor; employment; job training: salaries: wages and remuneration; social insurance and unemployment insurance; labor safety: persons with meritorious services to the revolution; social relief; child protection and care; social evil prevention and combat; gender equality.

6. The Culture and Information Section: This section shall advise and assist district-level Peoples Committees in performing the state management of culture; family; physical training and sports; tourism; post, telecommunications and Internet: information technology and information infrastructure; radio broadcasting; press; publication.

7. The Education and Training Section: This section shall advise and assist district-level Peoples Committees in performing the state management of education and training, including education and training objectives, programs and contents; criteria for teachers and educational administrators; standards of physical foundations, school equipment and children toys; regulations on examinations and grant of diplomas and certificates; assurance of education and training quality.

8. The Health Section: The Health Sections shall advise and assist district-level Peoples Committees in performing the state management of the care for and protection of peoples health, including grassroots healthcare; preventive medicine: medical examination and treatment, functional rehabilitation: traditional medicine and pharmacy; preventive and curative medicines for human use; cosmetics: food hygiene and safety; health insurance: medical instruments and equipment; and population.

9. The district Inspectorate: This body shall advise and assist district-level Peoples Committees in performing the state management of inspection and settlement of complaints and denunciations under state management of district- level Peoples Committees; perform the tasks and powers in inspecting and settling complaints and denunciations and preventing and combating corruption in accordance with law.

10. The Offices of Peoples Councils and Peoples Committees: These offices shall advise Peoples Committees on the latters operation; advise and assist district-level Peoples Committees in nationality work; advise Peoples Committee presidents on their direction and administration activities; supply information serving the management and operation of Peoples Councils. Peoples Committees and local state agencies; and ensure material and technical foundations for the operation of Peoples Councils and Peoples Committees.

Article 8. Specialized bodies that are organized to suit each type of district-level administrative unit

In addition to 10 specialized bodies uniformly organized in all urban districts, rural districts, provincial towns or cities specified in Article 7 of this Decree, some others may be organized to suit each type of district-level administrative unit as follows:

1. In urban districts:

a/ The Economic Section: This section shall advise and assist Peoples Committees of urban districts in performing the state management of handicraft and cottage industry; science and technology: industry; trade:

b/ The Urban Management Section: This section shall advise and assist Peoples Committees of urban districts in performing the state management of architecture; construction planning: urban development: residential houses and working offices; construction materials; transport; urban technical infrastructure (including: water supply and drainage; urban environmental sanitation; parks and trees; urban lighting: garbage; urban car terminals and parking lots).

2. In provincial towns or cities:

a/ The Economic Section: This section shall advise and assist Peoples Committees of provincial towns or cities in performing the state management of agriculture; forestry; salt making: irrigation: fisheries; rural development; handicraft and cottage industry; science and technology; industry; trade;

b/ The Urban Management Section: This section shall advise and assist Peoples Committees of provincial towns or cities in performing the state management of architecture; construction planning; urban development; residential houses and working offices; construction materials; transport; urban technical infrastructure (including: water supply and drainage; urban environmental sanitation; parks and trees; urban lighting: garbage; urban car terminals and parking lots).

3. In rural districts:

a/ The Agriculture and Rural Development Section: This section shall advise and assist Peoples Committees of rural districts in performing the state management of agriculture: forestry: salt making: irrigation: fisheries: rural development: development of househoid-economv. rural farm economy, and agriculture, forestry, fishery or salt-making cooperative economy associated with rural trades and craft villages in communes;

b/ The Industry and Trade Section: This section shall advise and assist Peoples Committees of rural districts in performing the state management of industry: handicraft and cottage industry: trade: construction: urban development: architecture: construction planning; construction materials: residential houses and working offices; urban technical infrastructure (including: water supply and drainage; urban environmental sanitation; parks and trees; urban lighting: garbage; urban car terminals and parking lots); transport; science and technology.

For rural districts with a high socio-economic growth or urbanization rate or currently planned to be developed into provincial towns or cities, the above organizational model with two specialized sections may be applied as for provincial towns or cities. The determination of this organizational model shall be proposed by provincial-level Peoples Committees to provincial-level Peoples Councils for decision.

Article 9. Organization of specialized bodies in island districts

1. Based on practical conditions of each island district, provincial-level Peoples Committees shall propose provincial-level Peoples Councils to decide on the number and names of specialized sections of island district Peoples Committees.

2. The number of specialized sections of an island district People Committee must not exceed 10.

Chapter 3

TASKS AND POWERS OF PROVINCIAL-LEVEL PEOPLES COMMITTEES AND DISTRICT-LEVEL PEOPLES COMMITTEES FOR ORGANIZATION OF SPECIALIZED BODIES

Article 10. Provincial-level Peoples Committees

1. To issue specific guidance on the functions, tasks, powers and organizational structures of specialized bodies of district-level Peoples Committees in accordance with this Decree and other relevant legal documents.

2. To inspect and examine the organization of specialized bodies of district-level Peoples Committees.

3. For localities having island districts, provincial-level Peoples Committees shall propose provincial-level Peoples Councils to decide on the organizational structure, establishment, merger or dissolution of specialized bodies of island districts.

4. To further implement the Prime Ministers Decision No. 89/2007/QD-TTg of June 18, 2007, on set up on a trial basis construction inspectorates of urban districts or rural districts and construction inspectorates of communes, wards or townships in Hanoi and Ho Chi Minh City.

Article 11. District-level Peoples Committees

1. To prescribe specific tasks, powers and organizational structures of specialized bodies of district-level Peoples Committees under the guidance of provincial-level Peoples Committees.

2. Island district Peoples Committees shall propose to provincial-level Peoples Committees schemes on the organizational structure, establishment, merger or dissolution of specialized bodies of island districts.

Article 12. Presidents of district-level Peoples Committees

1. To appoint heads and deputy-heads of specialized bodies of district-level Peoples Committees according to the criteria and titles prescribed by provincial-level Peoples Committees (criteria, titles and the appointment or dismissal of district-level chief inspectors must comply with the inspection law);

2. Biannually and annually, to report on the organization and operation of specialized bodies under district-level Peoples Committees to Peoples Councils of the same level and provincial-level Peoples Committees.

Chapter 4

IMPLEMENTATION PROVISIONS

Article 13. Implementation effect

1. This Decree takes effect 15 days after its publication in CONG BAO and replaces the Governments Decree No. 172/2004/ND-CP of September 29, 2004, prescribing the organization of specialized bodies of district-level Peoples Committees of urban districts, rural districts, provincial towns or cities.

2. To annul all previous stipulations contrary to this Decree.

Article 14. Implementation responsibilities

1. The Minister of Home Affairs shall assume the prime responsibility for. and coordinate with 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 reorganization of specialized bodies of district-level Peoples Committees within 90 days after the effective date of this Decree.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, chairmen of Peoples Councils and presidents of Peoples Committees of provinces and centrally run cities shall implement this Decree.