Thông tư liên tịch 32/2001/TTLT-BTCCBCP-UBQGDS&KHHGĐ-UBBV&C của Ban Tổ chức-Cán bộ Chính phủ, Uỷ ban Quốc gia Dân số và Kế hoạch hoá gia đình và Uỷ ban Bảo vệ và Chăm sóc trẻ em Việt Nam hướng dẫn về chức năng, nhiệm vụ, quyền hạn và tổ chức bộ máy của Uỷ ban Dân số, Gia đình và Trẻ em ở địa phương

JOINT-CIRCULAR

GUIDING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF LOCAL COMMITTEES FOR POPULATION, FAMILY AND CHILDREN

Pursuant to Clauses 1 and 3, Article 1 and Clause 2, Article 2, of the Government’s Decree No. 12/2001/ND-CP of March 27, 2001 on restructuring a number of specialized bodies under the People’s Committees of the provinces and centrally-run cities and People’s Committees of the districts, provincial capitals and cities, and pursuant to other current legal documents, the Government’s Commission for Organization and Personnel, the National Committee for Population and Family Planning and Vietnam Committee for Child Protection and Care hereby jointly guide the functions, tasks, powers and organizational structure of the local Committees for Population, Family and Children as follows:

I. FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE PROVINCIAL/MUNICIPAL COMMITTEES FOR POPULATION, FAMILY AND CHILDREN

1. On functions:

The provincial/municipal Committees for Population, Family and Children (hereafter called provincial Committees for Population, Family and Children for short) are specialized bodies under the provincial People’s Committees, which function to assist the provincial People’s Committees in performing the State management over the field of population, family and children in the provinces; organize the coordination among State agencies, socio-political organizations and social organizations in the provinces so as to implement laws, international conventions as well as polices, programs, projects and plans on population, family and children in the provinces.

The provincial Committees for Population, Family and Children shall submit to the comprehensive leadership of the provincial People’s Committees and the professional direction and guidance of the National Committee for Population and Family Planning and the Vietnam Committee for Child Protection and Care.

The provincial Committees for Population, Family and Children shall have their own seals and accounts opened at State Treasuries.

2. Tasks and powers:

The provincial Committees for Population, Family and Children shall have the following tasks and powers:

2.1. To submit to the provincial People’s Committees annual, 5-year and 10-year plans, as well as target programs and projects on population, family and children under the national target programs; and organize the implementation of such plans and programs once they are approved;

To efficiently manage resources invested in target programs on population, family and children in their respective provinces;

2.2. To submit to the provincial People’s Committees for promulgation legal documents in order to concretize a number of guidelines, policies and strategies on population, family and children, suited to the situation and characteristics of the provinces;

To issue professional documents on the work of population, family and children in the provinces and guide the implementation thereof.

2.3. To examine and inspect the enforcement of laws, mechanisms, policies and plans of action on population, family and children; settle citizens’ complaints and denunciations, which fall under the scope of their respective tasks and competence;

2.4. To organize the implementation of plans on coordination among branches, associations and social organizations in the provinces in propagating, educating and mobilizing people of all strata and all families to realize the policies on population, family and children; organize the "Population Day", the "Vietnam’s Family Day" and the "Month of Action for Children" every year.

2.5. In the provinces where exist associations operating in the field of population, family and children, the provincial Committees for Population, Family and Children shall have to assist the provincial People’s Committees in performing the State management over such associations.

2.6. To provide service of consultancy on population, family and children;

2.7. To mobilize domestic and foreign organizations and individuals to provide supports so as to supplement sources for Child Support Funds; guide and inspect the management and use of such funds;

2.8. To collect, process, archive and disseminate information on population, family and children in service of activities of managing and coordinating the programs on population, family and children in the provinces and throughout the country;

To analyze and evaluate the implementation of laws, conventions, policies, programs and plans of action on population, family and children; to comply with the regime of periodical reporting to the provincial People’s Committees, the National Committee for Population and Family Planning and Vietnam Committee for Child Protection and Care;

2.9. To conduct research and apply their results as well as scientific and technical advances to the work of population, family and children in the provinces.

2.10. To guide and foster professional skills for cadres engaged in the work of population, family and children in the provinces.

3. Organizational structure of provincial Committees for Population, Family and Children:

3.1.A Committee’s leadership is composed of:

- The Chairman

- Full-time vice chairmen

- Part-time members being representatives of leaderships of the provincial Services of Planning and Investment; Education and Training; Health; Information and Culture; Physical Training and Sports; Labor, War Invalids and Social Affairs; and Pubic Security, as well as leading officials of the local Fatherland Front Committee, Labor Union, Women’s Union, Peasants’ Association and Ho Chi Minh Communist Youth Union. Besides, based on the specific conditions and situation in their localities, the presidents of the provincial People’s Committees shall decide to add members from other bodies such as the provincial Justice Service, War Veterans’ Association and border guard force (in mountainous provinces where exist the national borderlines).

The chairmen and vice chairmen shall be appointed and dismissed by the presidents of the People’s Committees according to professional criteria set by the Minister-Chairman of the National Committee for Population and Family Planning and Minister-Chairman of Vietnam Committee for Child Protection and Care.

Part-time members shall be decided by the presidents of the provincial People’s Committees at the proposals of the chairmen of the provincial Committees for Population, Family and Children.

3.2. Professional sections:

The provincial Committees for Population, Family and Children shall have their own offices and a number of professional sections. Depending on specific characteristics and situation in the localities, as well as the nature and volume of the State management work and requirements, the presidents of the provincial People’s Committees shall decide on the number of professional sections and offices, but the number of professional sections must not exceed 4 for provinces with a population of over 1,500,000, and 3 for provinces with a population of under 1,500,000.

Payroll of the provincial Committees for Population, Family and Children shall be decided by the presidents of the provincial People’s Committees within the total assigned payroll.

3.3. Pubic-service units, including:

- Child Support Funds

- Centers for Consultancy and Services on Population, Family and Children.

The mechanisms for operation of the above-mentioned pubic-service units shall comply with current regulations.

II.STATEMANAGEMENT CONTENTS AND TASKS OF THE POPULATION, FAMILY AND CHILDREN WORK IN URBAN AND RURAL DISTRICTS, PROVINCIAL CAPITALS AND CITIES

(hereafter referred collectively to as districts)

1. To work out annual, 5-year and 10-year plans, target programs and projects on population, family and children in the districts and organize the implementation thereof once they are approved;

2. To examine and inspect the implementation of plans, programs and projects already approved as well as law provisions, mechanisms and policies on population, family and children;

To settle citizens’ complaints and denunciations about the field of population, family and children according to their competence;

3. To decide plans on coordination among branches, associations and social organizations in the districts in propagating, educating and mobilizing people of all strata and families to protect and take care of children, to realize the population polices and build prosperous, equal, progressive, happy and sustainable families; organize the "Population Day", the "Vietnam’s Family Day" and the "Month of Action for Children" every year;

4. To carry out a number of programs and projects on population, family and children in the districts under the guidance of the provincial Committees for Population, Family and Children; to agitate for, set up, manage and use Child Support Funds of the districts; to carry out, combine and manage resources under set programs and objectives; provide services of consultancy on population, family and children; and guide and inspect the use of Child Support Funds;

5. To collect, archive and disseminate information on population, family and children in service of the activities of managing and coordinating the programs on population, family and children in the districts; and comply with the regime of periodical reporting to the provincial Committees for Population, Family and Children;

6. To apply research results as well as scientific and technical advances to the work of population, family and children in the districts;

7. To provide professional guidance for cadres engaged in the work of population, family and children in the districts.

In order to assist the district People’s Committees in performing the State management over the work of population, family and children, the provincial People’s Committees shall, basing themselves on Clause 3, Article 1 of the Government’s Decree No. 12/2001/ND-CP as well as their local characteristics and situation, decide the organizations to perform the work of population, family and children in the districts, along the direction of either setting up the Committees for Population, Family and Children as a specialized body under the district People’s Committees or assigning officials to perform such task as specialists, advising the presidents or vice-presidents of the district People’s Committees on the State management over the work of population, family and children in the districts.

Payroll of officials engaged in the work of population, family and children shall be decided by the presidents of the district People’s Committees within the total assigned payroll.

III. TASKS OF THE POPULATION, FAMILY AND CHILDREN WORK IN COMMUNES, WARDS AND DISTRICT TOWNSHIPS

(hereafter referred collectively to as communes)

1. To implement annual plans on population, family and children according to the working plans and agenda assigned by the district People’s Committees;

2. To guide, propagate and mobilize people to observe laws, strategies, mechanisms, policies, programs and plans on population, family and children; organize the "Population Day", the "Vietnam’s Family Day" and the "Month of Action for Children";

3. To inspect the enforcement of law provisions, mechanisms and policies on population, family and children in the communes;

4. To carry out programs and projects funded by domestic and/or foreign aids as assigned by the district People’s Committees; to set up and manage the use of Child Support Funds of the communes, and other capital sources for the work of population, family and children;

5. To manage the operation of network of collaborators on population, family and children to hamlets, villages and population groups in order to provide services and consultancy as well as collect information so as to make periodical reports on population, family and children activities.

The provincial People’s Committees shall, basing themselves on the law provisions and above-defined tasks of the population, family and children work, guide in detail the organization and operation of communal Boards for Population, Family and Children.

IV. IMPLEMENTATION ORGANIZATION

1. This Circular takes effect after its signing and replaces Sections I, II and III of Joint Circular No. 13/1998/TTLT-BTCCBCP-BVCSTEVN of January 7, 1998 of the Government Commission for Organization and Personnel and Vietnam Committee for Child Protection and Care, and Sections I, II and III of Joint Circular No. 31/TTLB of November 10, 1993 of the Government Commission for Organization and Personnel and the National Committee for Population and Family Planning.

2. The provincial Administrations’ Board for Organization and Personnel shall have to advise the provincial People’s Committees in implementing this Circular.

3. In the course of implementation, if any difficulties and troubles arise, they must be reported promptly to the Government Commission for Organization and Personnel, the National Committee for Population and Family Planning and Vietnam Committee for Child Protection and Care for study and settlement.