Decree 10/2016/nd-Cp: Regulations On Government Agencies

Original Language Title: Nghị định 10/2016/NĐ-CP: Quy định về cơ quan thuộc Chính phủ

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952797/ngh-nh-10-2016-n-cp%253a-quy-nh-v-c-quan-thuc-chnh-ph.html

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Decree on government agency _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
According to the recommendation of the Minister of the Interior, the Government issued a decree on government agencies.
Article 1. Scope and object adjustment 1. This Decree regulates the functions, duties, powers and organizational structure of the Agency under the Government; the working mode and the responsibility of the head of the Government agency.
2. This Decree shall apply to government agencies.
Article 2. The position and function 1. Government agency established by the Government, have the function serves the management duties of State Government; perform some public services have the characteristics of important properties, that direct the Government to steer.
2. Government agency subject to the governance of the sector, the field Manager.
Article 3. The tasks and powers 1. About strategies, programs, planning, planning: a) The Government, the Prime strategy, planning, programs, long term plans, five year and every year, the Agency's important projects; implementation of strategy, planning, program planning, after approval;
b) participated in the evaluation of proposals in important projects, professional service at the request of the Government, the Prime Minister;
c) investment project decisions under the authority prescribed by law.
2. About implementation of public service delivery by the Government: a) the construction, the Authority announced a national standard; quality criteria issued and the monitoring mechanism, reviews, testing the quality of public service delivery by the Government according to the rule of law;
b) published standards; issued professional expertise, processes, technical-economic norms to implement public service delivery by the Government;
c) Organization implemented the public service delivered by the Government in accordance with the provisions of the law;
d) check, supervise the implementation of the public service with regard to the agencies, organizations, units under the provisions of the law.
3. international cooperation: a) proposed the signing, amendment, addition, extension, termination of the validity of international treaties, to temporarily suspend the implementation of international treaties in accordance with the law;
b) implementation of the international treaties as assigned by the Prime Minister;
c) signed, modification, addition, extension of the international agreement, the termination of effect, temporarily suspended implementation of international agreements on behalf of government agencies as prescribed by law;
d) implementation and examine the implementation of the program, the international project funded under the provisions of the law;
DD) participated in the conferences, workshops, programs, and plans for international cooperation under the provisions of the law.
4. Decisions and steer the implementation of the administrative reform program according to the aim and content of the program of State administrative reform has been the Prime Minister for approval.
5. About information mode, report: a) the Organization of the work of information, propaganda, popular political tasks, policies, and laws of the State in industry, the field was delivered;
mode b) make a report to the Prime Minister or the Minister of industry, management of areas under the provisions of the law.
6. About the Organization, staffing, the number of people employed, the job location, the structure of public servants under the quota, the occupations: a) The Prime Minister decided on the new establishment, reorganization, dissolution of the Organization, the unit in the Agency's organizational structure;
b) functions, duties, powers, organizational structure and relationships the work of the Organization, the subdivisions;
c) The Prime Minister appointed, dismissal, resignation of the head of the Government agency;
d) appointment, dismissal, disciplinary heads and deputies of the head of the Organization, subsidiaries in accordance with the law; regulatory authority and responsibilities of the head of the Organization, the subdivisions;
DD) list building job position, the structure of public servants under occupations to determine the number of employees working in the unit's annual public agency send the homeland under the provisions of the law;
e) job location management and the number of civil servants, officers of the business units in public bodies in accordance with the law;
g) decisions and implementation of specific measures to strengthen discipline, administrative discipline for officers, public servants, officers and employees in the jurisdiction; against corruption, waste, bureaucracy, bossy, authoritarianism in the Agency's activities;
h) oversee the Organization and training, recruitment, training, use, operation, transfer, retirement, reward, discipline and other regimes for public servants, officers and employees in the management authority in accordance with the law;
I) examine the observance of the law, policies and tasks for public servants, officers and employees in the management authority; complaints, accusations relating to public servants jurisdiction under the provisions of the law.
7. financial management, assets: a) estimating the annual budget, financial plan-3 year State budget of the Agency to the competent State agencies as prescribed by law;
b) in coordination with the ministries concerned to build financial mechanisms, mode, standard costs, the budget of the Agency in the field of deliveries;
c) make financial management accounting, as prescribed by law;
d) management and effective use of State assets.
8. Deliveries made some management duties to the State of the industry, the field under the provisions of the law.
9. Perform other duties, other powers by the Government, the Prime Minister and in accordance with the law.
Article 4. Organizational structure 1. Organizational structure includes: a) the Board;
b) Office;
c) other career institutions directly (if available).
2. The organization defined in art. 1 of this activity under the heads mode, no seals, can have the room and are specified in the Decree of the Government functions, tasks, powers and organizational structure of each agency in the Government.
3. The Office specified in point b of Paragraph 1 of this article has its own stamp; organizational structure of the Office to have the room or the team.
4. The number of Heads of organizations specified in Paragraph 1 of this article no more than 3 people.
5. in special cases, if the organization affiliated to the known, the Government will review the decision in accordance with the functions and duties of each agency in the Government.
Article 5. The head and Deputy of the head of the Government agency 1. The head of the Agency under the Government appointed by the Prime Minister, dismissed; responsible for all aspects of the Agency's activities in the Government before the Government, the Prime Minister and before the law.
2. The level of Deputy Heads of Government appointed by the Prime Minister, dismissed on the basis of the proposal of the head; responsibility to help steer head, resolved some of the field work and responsible to the head and before the law on the duties assigned. The Mission of the deputies by the head of the assignment.
3. The number of Heads of government bodies do not exceed 4 people.
In the case of merger by government agencies or by request, rotation of the competent agency, the number of Deputies may be more but not more than 5 persons and by the Prime Minister to review the decision.
4. The head of the Government agency which issued the legal text.
Article 6. The responsibility of the head of the Government agency 1. The head of the Government agency responsible to the Government, the Prime Minister and the law on the implementation of the functions, duties and powers of the Agency; responsible when there are defects to occur on management and corruption, bureaucracy, causing damage in the organization unit administered.
2. The head of the Government agency responsible for reporting to the Government, the Prime Minister on the Organization and operation of his agency in charge and the implementation of the tasks assigned; the Prime Minister's opinion about matters beyond the jurisdiction; attend the sessions of the Government when the Prime Minister requests; in coordination with the Ministers, heads of ministerial agencies, heads of other government agencies, central agencies, other socio-political organizations in solving the problems related to the functions, duties and powers; solve your suggestions, recommendations of the provincial people's Committee, the central city in accordance with the provisions on the functions, duties and powers assigned to it.
Article 7. The working mode of the Government agencies 1. Government agencies working under the heads mode.
2. The head of the Government agency that issued the regulation of work, mode of information, the report of the Agency and the direction, check the implementation of that regulation.
Article 8. Effective enforcement of this Decree in effect enforced since March 20, 2016.
Article 9. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies and people's Committee Chairman, central cities is responsible for the implementation of this Decree.