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. PROVINCIALTOWNS 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.

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