Decree 61/2012/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of The Interior

Original Language Title: Nghị định 61/2012/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nội vụ

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

According to the recommendation of the Minister of the Interior, the Government issued Decree stipulates the functions, duties, powers and organizational structure of the Ministry of the Interior.

Article 1. The position and function of the Ministry of Interior is the Agency of the Government, implement state management functions of departments, sectors: administrative organization, the State-owned; local authorities, administrative boundary; officers, public officials, State officials; non-governmental organizations; emulation, reward; religion; clerical, State Archives; Youth and state management for the public service in the field of the management of the Department under the provisions of the law.

Article 2. The mission and Ministry of the Interior the authority to perform the tasks and powers under the provisions of Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. Process of Government bills, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly, the draft resolution, the Decree of the Government under the program, plans to build the Ministry's annual law was approved and the project, the project as assigned by the Government , The Prime Minister; strategy, planning, long term development plans, five year, and annual projects, important works in national industry, the field of management by the Ministry of the Interior.

2. The Prime draft decisions, directives and other documents in the industry, the field of management by the Ministry of the Interior or by the assignment.

3. Issuing circulars; decisions, directives and other documents in the scope of the governance; instructions, check the implementation of these texts.

4. Steer, guide, check and responsible implementation of these legal texts, strategy, planning, long term development plans, five year, and annual projects, important work has been issued or approval within the governance of the Ministry; information, advocacy, education, common law in the scope of management of the State.  

5. The organization administratively, State career: a) The Government of the project organizational structure of the Government according to the term of the National Assembly; the project, the draft decree of the Government of the new establishment, merger, amalgamation, Division, separation, dissolution, ministerial-level agencies, government agencies; the draft decree regulating the Organization of specialized agencies in the Committee; the draft decree regulating the organization management divisions of the Administration, the State-owned;

b) appraisal of the draft decree of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies, government agencies; evaluation of the project of the establishment, merger, dissolution, reorganization of the Directorate and by the equivalent, ministerial-level agencies the Government; draft decision on assessment of the Prime functions, tasks, powers and organizational structure of the Directorate and the equivalent Ministry, ministerial bodies; project evaluation and the draft decision of the Prime Minister on the establishment, merger, dissolution, reorganization of the administrative organization, State and career consulting organization, collaboration by the ministries, ministerial agencies, government agencies and people's committees of the province the central cities, the Prime Minister;

c) presiding, in cooperation with government offices and ministries, ministerial agencies, government agencies review the last time the draft decree of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies, government agencies before the Prime Minister signed the , issued;

d) general criteria to guide implementation of the classification, ranking administrative organizations, organized the State under the provisions of the law;

DD) chairing or coordinating with the Ministry of industry managers, the field of circular issued general instructions about the functions, duties, powers and structure of the professional bodies of the industry, the people's Committee in the areas of the province, central cities and district people's committees , district, town, city in the province;

e) Guide, check out the review functions, duties and powers of the ministries, ministerial agencies, government agencies; the synthesis report, the Government decided to adjust the functions, duties, powers and organizational structure of ministries, ministerial agencies, government agencies.

6. local government: a) The Government issued regulations on: classification of administrative levels; the new establishment, merger, Division, separation, adjustment of boundaries, renaming administrative levels; established new, rename, merge, split, split the administrative unit-special economy centrally; Policy Officer, social worker;

b) appraisal and the Prime Minister approved the results of Election Committee members;

c) help the Government, the Prime Minister's instructions, check the operation of the provincial people's Council under the provisions of the law. Attend the periodic meetings of the provincial councils, when necessary to attend the meeting of the provincial people's Committee on building management, government administrative boundary and the full program, the annual provincial people's Committee;

d) guide the elections of Deputies and people's councils in accordance with the law;

DD) instructions, check the operation of the people's Committee of the level of active methods; the implementation of the regime, the policy for officers and civil servants social;

e) statistics of the number, the quality of the people's Council, the people's Committee members; the number of administrative levels.

7. About administrative boundary and classification of administrative divisions: a) evaluation and the Government on the scheme: the new establishment, merger, Division, separation, adjustment of boundaries, renaming administrative levels; the new establishment, merger, Division, separation, dissolution of the administrative unit-special economy centrally; upgrading of administrative management-level municipalities in the province;

b) The Prime Minister decided to classify political subdivisions;

c) classification decision-level administrative units; guide the provincial people's Committee categorized administrative unit;

d) instructions, check the implementation of the provisions of the law on management, demarcation, adjust administrative boundaries; presiding over the building plan addressed about administrative boundary the prime consideration, decision; General, the Government, the prime consideration, solving problems not related to unified administrative boundary;

DD) records management administrative boundary levels.

8. payroll management: a) staffing decisions, staffing officer working in the Foreign Ministry, the organisation's Ministerial agencies and staffing public servants in the provincial people's Committee, after approval by the Prime Minister of State servants payroll every year; 

b) supplement the payroll public servants for the ministries, ministerial-level agencies and the provincial people's Committee in the total payroll redundant after the Prime Minister for approval;

c) Payroll Interface to work abroad for the Organization of government agencies and civil servants payroll organizations have used the State payroll after approval by the Prime Minister;

d) General, Government reports, Prime Minister of the Government on public payrolls, the number of employees of State agencies and the business units in the public nationwide.

9. About the officers, public officials, government officials: a) instructions, check the implementation planning officers, public servants, staff leadership, management of ministries, ministerial agencies, government agencies; General, the Prime Minister's report on planning officers, servants, employees and leadership titles, other management under the authority of the Prime Minister; instructions, check the implementation planning, planning, team building program officer, servant, officer; 

b) instructions, check the implementation of the provisions of the Government, the Prime Minister about: recruit, employ, job positions management, quota, quota transfer appointment, grade change occupations, reviews, appointment, appointment, maneuver, rotation, seconded, to vacate office, resigns dismissal, discipline, quit, retire, ethics, cultural communication of officers, public servants, officers and other management content for public servants in accordance with the law; ensure the principle of gender equality in accordance with the law;

c) Guide, examine the implementation of the provisions of the Government about the title, standard officers, servants, employees, management, leadership from the Chief and Deputy Minister and equivalent to the equivalent of ministries, ministerial agencies, government agencies; from the head and is equivalent in level to the people's Committee of Directors and equivalent in the provincial people's Committee;

d) quota regulations and codes for categories of public officials, occupations officer; issued and instructions, check the implementation of the standards for categories of public servants, standard occupations officer; whether the structure of public servants; records management officer, servant, officer; the officer structure according to occupations; the number of the card, and the cards-wearing mode servants; dress for officers and public servants;


DD) host grade civil servants from expert and equivalent ranks over whether the main professional and equivalent, from the main professional and equivalent ranks over whether the expert and equal in the State bodies, the business units of the State; coordinate with the Party Central Committee held grade civil servants from expert and equivalent ranks over whether the main professional and equivalent; from the main professional and equivalent ranks over whether the senior professional and equivalent bodies, business units of the Communist Party of Vietnam, social-political organizations; in collaboration with the ministries, ministerial agencies, government agencies organized the contest or promotion, consider the occupations of employees; the decision to appoint senior staff turnover, turnover equivalent occupations expert according to the authority; check, supervise and grade change occupations of employees;

e) appraise the draft legal text of regulations on professional standards, professional occupations of the officer, the officer career titles, reviews, content, forms of examination, review, promoted occupations professional officials to Ministers, heads of ministerial agencies quota management specialized officer;

g) appraisal of personnel with respect to the titles of officers, servants, employees and leadership titles, other management under the authority of the Prime Minister's decision, adopted in accordance with the law;

h) held a policy for senior officers under the assignment and decentralization;

I) build and manage national data about staff, servants, employees, officers, public servants and township-level officials under the authority the decision of the Prime Minister; organized records management officers, public officials, according to the hierarchy;

k) Guide, test and implement the provisions of the Government on the planning, resource sector, the percentage of women appointed to positions in State agencies; collect, aggregate indicators of national statistics about the work of women.

10. Regarding the training, fostering, public servants: a) instructions, check the implementation of the master plan, training plan, the cadres and civil servants in the country and abroad, officers, public servants and township-level people's Council levels;

b) guide the Government's regulations on the Organization of the training facility, fostering, servants of ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central;

c) uniform management system training program, training for officials and public servants; Deputies to the people's Council levels and public servants social;

d) training organization, fostering knowledge, management skills for State officers, the Interior official; hosted, in cooperation with the ministries of training, fostering knowledge, management skills for State delegates Council levels and officers, civil servants and social;

DD) allocation, instructions, check the implementation training, fostering civil servants every year after it is approved by the authority; synthesis and reporting of Prime results of training cadres and civil servants;

e) construction, issued, tutorial, testing and implementation of human resources planning the Interior industry; University human resources training, the graduate field of management by the Ministry of the Interior.

11. Regarding salary policy: a) guide the implementation of the provisions of the Government, the Prime Minister about: policy, salary mode (minimum wages; payroll; the salary scales; extra mode level; managing wage and income); the other mode, policy for officers, public officials, government officials from the central to the social level; armed forces salaries and contract workers in State agencies, the State Organization;

b) guide the salary scales for officials and employees of State enterprises, management officers, professional military personnel, soldiers of the armed forces when deployed, rotated about the agencies, career State;

c) instructions, check out: the implementation of the policy, wages, cost of living allowances and bonuses for officers, public officials, government officials, armed forces and contract workers in the administrative, business units of the State; raising the ranks of salary for public servants in accordance with the law; the wage coefficient when appointed senior officer ranks and equivalent for officers, public officials, State officials;

d) Making permanent the Research Steering Committee and the implementation of policy reforms in State wages.

12. On the Organization and non-governmental organizations: a) help the Government manage the State unity of the society, non-governmental organizations;

b) guide the implementation of the provisions of the Government: the order and procedures established; split, split; merger; Merge; dissolved; approval of the Charter, licensing for non-governmental organizations in the country;

c) decide: allow established; split, split; merge, merge; dissolved; approval of the Charter, licensing for non-governmental organizations have national scope or the prescribed by law;

d) instructions, check the implementation of the provisions of the law on associations, non-governmental organizations; the implementation of the Charter for the Association, non-governmental organizations in accordance with the law.

13. About emulation, reward: a) guide the implementation of the provisions of the State and Government of the Organization of the emulation, the title and emulative standards; the form, the object, the standard of merit; the Authority decided, awarded, procedures, records suggest rewarded; the rights and obligations of individuals, can be rewarded; handle violation;

b) Organization, guide and implement the movement, the policies of the party and State; Professional Guide about emulation, reward for the grade;

c) appraisal of records suggest commended by agencies, held the Prime Minister's decision or to Prime the President decided to reward as specified by law;

d cancellation rules) the decision Awards, recovery, level, changed artifacts rewarded according to the decision of the authority. Responsible for preparing the exhibits attached to the form of Government, the President, the Prime Minister;

DD) mobilization of funding and management, use of funds, the Central reward; steer, guide, check out the Fund managers emulate, rewarded in the ministries;

e) standing duty emulation-rewards Central.

14. Regarding the work of religion: a) issued under the authority of or hosted, in cooperation with the ministries, the central organ of the social-political organizations and other institutions involved in the process of staff competent to enact and implement policy, laws on religion and religious affairs;

b) professional guidance on religious work for the industry, related and local levels;

c) uniform management of published publications, books, publications, curriculum, culture and pure products of the religious institutions of religion by the State allows activity;

d) guide the religious activities in accordance with the provisions of the law;

DD) and guide the implementation of organized religion, believers, monks, religious dignitaries of international cooperation in the field of religion under the provisions of the law; make contact with the religious organizations in the country.

15. About clerical work, State Archives: a) to build the project, a project about collectibles, collecting, control, protection, maintenance, insurance, mining, use of archives and the implementation after it is approved by the authority;

b) instructions, check the State agency implementing regulations on clerical work management, archive;

c) execute the business processes about collectibles, collecting additional documents, archive, protect, preserve, archive coverage; secret organization, announced, demo, exhibit, display and organization serving the mining, use of archives preserved in the National Archives Centre;

d) unify the management of document statistics archive on nationwide;

DD) store information in State agencies.

16. the State administrative reform: a) construction program, the plan, the general scheme of State administrative reform in each stage to the competent decision; do standing work of the Government's administrative reform;

b) counsels, suggested guidelines, policies and solutions to promote administrative reform the State Government, the Prime Minister decided;

c) presided over the deployment of the content of the reform of the Organization, reform of public servants, public service;

d) guide the ministries, ministerial agencies, government agencies, the people's Committee of the central cities build administrative reform plans and annual budget estimates;

DD) assessment missions in the annual budget estimates of the administrative reform of the Ministry, ministerial-level agencies, government agencies, provincial people's Committee, the central cities of goals, purport to send the Ministry of planning and investment, Ministry of finance, the Government of Prime Minister General approval in the estimation of the annual State budget of the Agency;

e) evaluation of the pilot project by the administrative reform ministries, ministerial agencies, government agencies, provincial people's Committee, the city municipal building, the Prime Minister;

g) guide the ministries, ministerial agencies, government agencies, provincial people's Committee, the central city in constructing administrative reform report quarterly, annual, and 6 months;

h) reported construction administration quarterly, 6, and every year the Government session;


I) construction, issued and guides the deployment of Shu shows the index tracking, reviews administrative reform in ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities;

k) chaired the construction and implementation of methods of measuring the level of satisfaction of the individual, the Organization for administrative services by State administrative organs;

l) organization fostering, training for staff, dedicated public servants perform administrative reform in ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities;

m) presided over the deployment of propaganda about administrative reform.

17. About implementation of the regulation of democracy at the grassroots: Guide, check the implementation regulations of democracy at the grassroots in communes, wards, towns and administrative agencies, units of State and State enterprises under the provisions of the law.

18. international cooperation: a) guide the implementation of the provisions of the Government, the Prime Minister about the Organization of international workshops, conferences related to the field of State management of the Ministry; General, periodic reports on conferences, international conferences related to the field of State management of the Ministry;

b) management and implementation of international cooperation in the field of governance of the Government regulations;

c) United with the ministries, the local organizing conferences, seminars, national and international conferences, workshops by the Prime Minister, the Deputy Prime Minister chaired relating to the content, the State management sector of the Department of the Interior;

d) presided, in cooperation with the relevant agencies in the public service sector cooperation with ASEAN countries.

19. Governance of youth work: a) host, guide and check the implementation of legal documents, strategies, programs, youth development and youth work;

b) guide the mainstreaming policy, mechanisms for youth in construction planning, planning, program the objective of the ministries;

c) synthesis, summary, Government reports, Prime Minister of the Government of the implementation of the provisions of the law for youth.

20. the implementation of the public service in the field of management of the State under the provisions of the law.

21. The inspection, check the complaints, accusations, corruption prevention, negative and handle violations of law in the field of industry, in the scope of the governance; inspection of the implementation of the duties and powers of officers and public officials as provided by the Law officers, public officials, inspected the recruit, use and management of employees according to the provisions of the law on public employees and other related regulations; inspect the implementation of recruitment, appointment, training, fostering, maneuver, rotation, seconded, dismissed, reviews, quitting, retirement, reward, disciplinary, ethics, communication culture in the duty of public officials within the administration of the Ministry of the Interior; in collaboration with the Ministry of finance inspected the implementation of the conditions of guarantee for public service activities.

22. the Chairman, in collaboration with the ministries to resolve petitions of State agencies, socio-political organizations according to assigned by the Government, the Prime Minister.

23. Guide, check the enable the organs, the organization used the seal and the management and use of the seal in accordance with the law.

24. Organize and direct the implementation of the plan of scientific research and the application of scientific research in the field of governance.

25. The organization directing technology applications and data information, statistics by the Ministry's management.

26. management of organization, staffing, the number of employees; administrative reform; decide on the appointment, appointment, maneuver, rotation, resignation, dismissal, seconded, reward, or discipline, quit, retire, directing implementation of salary mode and the mode of remuneration policy, for public servants in the Department of management in accordance with the law; training, the fostering of professional expertise for public servants in the scope of management.

27. financial management, asset and the implementation of the budget is allocated according to the provisions of the law.

28. Implementation of the tasks of other powers by the Government, the Prime Minister and in accordance with the law.

Article 3. Organizational structure 1. Service organization-payroll.

2. Service of local government.

3. Public Service employees.

4. Training cadres and civil servants.

5. Service salary.

6. Service non-governmental organizations.

7. Service of administrative reform.

8. international cooperation.

9. Service legislation.

10. Financial planning.

11. Service.

        12. youth work Services.

13. Service personnel.

14. The Inspector.

15. The Office (with representatives of The Office in Ho Chi Minh City and Da Nang City).

16. Emulation-rewards Central.

17. Religious Government.

18. The Bureau and the State archives.

19. State Organization Science Institute.

20. The interior of Hanoi University.

21. State Organization magazine.

22. The information centre.

23. The Training School, the cadres and civil servants.

In this, the specified unit from clause 1 to clause 18 is the administrative unit to help Minister to perform state management functions; the specified unit from account to account is the 23 19 business units serve state management functions of the Department.

The Interior Minister of the Prime Minister issued decision functions, tasks, powers and organisational structure of emulation-rewarding religious Committee, Central Government and the decision issued a list of other business units we have in the Ministry.

The Minister of Interior functions, tasks, powers and organizational structure of the unit directly, except for the units specified in clause 16 and 17 this.

Service organisation-staffing was held 2, Service of local government held 4, Public Service employees be held, financial planning was held 3, Inspector held 3, The Office hosted 10 rooms and a representative of The Office in Ho Chi Minh City and Da Nang City.   

Article 4. Effect 1. The Decree has effect as from October 1, 2012.

2. This Decree replaces Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior; repeal the provisions previously contrary to this Decree.

Article 5. Transitional provisions 1. Emulation-commended by the Central Government's religious Committee, continue to follow the current rules until the Interior Minister the Prime Minister decides the functions, duties, powers and organizational structure of the unit.

2. Department of State archive and continue to follow the current rules until the Minister of the Interior decided the functions, duties, powers and organizational structure of the unit. 

Article 6. Responsible for enforcement of the Minister of the Interior, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.