Decree 36/2012/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of Ministries, Ministerial-Level Agencies

Original Language Title: Nghị định 36/2012/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ

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

According to the recommendation of the Minister of the Interior;

The Government issued the Decree stipulates the functions, duties, powers and organizational structure of ministries, ministerial agencies, chapter I GENERAL PROVISIONS article 1. Scope and object adjustment 1. This Decree, General provisions on functions, tasks, powers and organizational structure of ministries, ministerial-level agencies (hereinafter referred to as the Ministry); the working mode and powers, the responsibility of Ministers, heads of ministerial-level agencies (hereinafter referred to as the Secretary).

2. The functions, duties and powers of management disciplines, the field of the Ministry follow the Decree stipulates the functions, duties, powers and organizational structure of each Ministry.

3. The regulations about the Ministry's organizational structure in chapter III of this Decree shall not apply to the organizational structure of the Ministry of defence and the Ministry of public security.

4. The name of the order and the name of the organization unit in The foreign language translated to international transactions under the guidance of the Ministry of Foreign Affairs.

Article 2. The position and function of The Ministry is the body of Government, the implementation of State management functions for the industry, the field within the country; the governance of the public service in the industry, the field.

Article 3. The Minister 1. The Secretary is a member of the Government, is head of a Ministry and leadership; participate in collective activities of Government and the other work of the Government; duties and powers prescribed by the law on organization of the Government, the provisions of this Decree and other legal texts concerned; responsible to the Prime Minister, the National Assembly on governance for the sector, the field within the country.

2. Who holds the position of Deputy Minister level (hereafter referred to collectively as the Deputy Minister) who was put in charge of directing the implementation of one or some sectors of the work according to the assignment of the Minister and the responsible Minister and the law on the duties assigned.

When a Minister is absent, a Deputy Minister is the Minister instead of Minister of the mandate and work of the Ministry and the Minister.

3. The number of undersecretaries in each no more than 4 people. The State Manager for many sectors, large areas, important, complicated, the number of Deputy Minister can more than 4 people due to the Prime Minister to decide.

Chapter II the DUTIES and powers of the article 4. Of the law 1. The Government bills, draft resolutions of the National Assembly; project Ordinance, draft resolutions of the Standing Committee of the National Assembly; draft decree of the Government under the program, plans to build the Government's annual law and the resolutions, projects, projects assigned by the Government, the Prime Minister.

2. The Prime draft decisions, directives and other documents as assigned.

3. Issuing circulars, directives, decisions and other documents of State management for the hospitality industry, field; instructions, check the implementation of these texts.

4. Steering and organizing propaganda, popular, legal education in the State management of the range.

5. check the legal texts by the Ministry, the people's Council, the provincial people's Committee, the city of centrally issued related to the industry, in areas the scope of governance; If the discovery stipulated by the body that issued signs contrary to legal texts in the field of industry, due to the processing Manager under the provisions of the law.

Article 5. About strategy, planning, plan 1. The Government strategy, planning, long term development plans, five year, and annual projects, important work in the field of industry, national; publication (except the content in State secrets) and steering Organization strategy, planning, plan, after being approved.

2. Evaluation of the content of the feasibility research report and feasibility study reports the program, project, scheme, industry in the area; investment decisions and approval of projects under the authority of the Ministry in accordance with the law.

Article 6. About international cooperation 1. The Government decisions undertakings, measures to strengthen and expand relations with foreign countries and international organizations; the signing, ratification, approval or accession and measures to ensure the implementation of international treaties in the name of or on behalf of the Government of the State of the industry, in areas the scope of governance.

2. The organisation of talks, signed international treaties under the authorization of State competent bodies and implementation of the plan for international cooperation, the international treaties to which Vietnam is a member within the State administration for industry, the field.

3. Participation in international organizations, according to the Government's assignment; conclusion and implementation of international agreements on behalf of the Ministry in accordance with the law; implementation of international cooperation to promote the efficiency, effectiveness and operation of the Agency.

Article 7. About administrative reform 1. The Government decided the decentralized task management on the industry, the field for the local authorities.

2. decision and implementation plan on administrative reform, publicly the kind of administrative procedures in the field, industry; decentralized decisions to agencies, subdivisions under the authority.

3. organizational reform of the Ministry ensure streamlined, rational, steady clue, cover the full functions, duties and powers of the Ministry under the Government's assignment.

4. Make working methods innovations, modernisation of public office, Office culture and the application of scientific research results, technologies in the work of the Ministry.

Article 8. On the management of public services in the State sector, field 1. The Government issued mechanisms, policies on providing the public services; make socialization service provision activities in the industry, the field.

2. The Prime Minister plans to organise public service business units.

3. Guide the implementation of policy, legislation and support for the implementation of the public service career activities in the field of industry, in accordance with the law.

Article 9. About enterprises, cooperatives and other types of collective economic, investment 1. The Government issued the policy mechanisms to encourage, support and business development-oriented, cooperative and collective economy, investors in the economic sectors in the industry, the field.

2. Guide and check the implementation of the regulations for the business lines, service condition under the category of government regulations on processing the violation under the jurisdiction.

3. the implementation of the rights and obligations of the State under the owner assigned, hierarchy of the Government with regard to the limited liability company a member owned by the State and the State capital investments in other enterprises are organized and operating under the enterprise law.

Article 10. About the society, non-governmental organizations 1. Recognized advocacy Committee on establishment of non-governmental organizations; the written comments with the competent State agencies on the establishment; split, split; merger; Merge; dissolved; name changes and approval of the Charter Conference, non-governmental organizations.

2. Guide for non-governmental organizations involved in activities in the field of industry, in the scope of management of the State.

3. test, inspection of the implementation of the provisions of the law for associations, non-governmental organizations active in the field of industry, in the scope of the governance; handle or propose competent State agencies handled the violates the law of the non-governmental organizations, in accordance with the law.

Article 11. About the Organization, staffing and the number of employees 1. The Government decided: functions, tasks, powers and organizational structure of the Ministry; the establishment, dissolution, reorganization of the Department and held the equivalent of the Ministry; the mechanism of autonomy, responsible for the business units established in the public sector, the field.

2. The Prime Minister decided: establishment, reorganization, dissolution of the service, and the Bureau's equivalent, the unit's public career under the authority the decision of the Prime Minister; the functions, duties, powers and organizational structure of the Directorate and the equivalent organization in the Ministry.

3. decision on the establishment, reorganization, dissolution of the business units of other public not under the control of the Government, the Prime Minister under the provisions of the law.

4. Decided to set up the room in the service of the Ministry, The Inspector, The Office and Bureau in the Department under the provisions of the Decree of the Government functions, tasks, powers and organizational structure of the Ministry.

5. the functions, duties, powers, organizational structure of the service and the Bureau of the Ministry, The Inspector, Office of the, the unit's public career in the Ministry in accordance with the law.

6. the Chair, in cooperation with the Ministry of the Interior issued circular 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 the people's Committee of the district, County, town of cities in the province.

7. Build job positions, the civil servants according to turnover and employees according to the occupations to determine the staffing plan of The servants and the number of employees working in the unit's annual Public Ministry sent the Interior Ministry under the provisions of the law.

8. the staffing decisions for the Organization of the Ministry; payroll management public servants in organizations, units of the Department; manage job positions and the number of civil servants, officers of the business units in The public under the provisions of the law.

Article 12. About public servants 1. The Prime Minister appointed, dismissed from Office, the Deputy Minister.

2. The decision of appointment, dismissal, resignation the head, deputies of the heads of organizations, units of the Ministry's organizational structure, including: the General Department and the equivalent organization, Department, service, inspection, the Office, and a public career in the service of the Ministry, The Inspector , Office of the.


The head of the General Directorate and held the equivalent, the Bureau, the Department of the public appointed by the decision, dismissed, held leadership titles, management of its subordinate units to manage.

The appointment, dismissal, resignation the position of leadership, management stated on the Ministry to follow the regulations of the party and rule of law.

3. management of officers, civil servants, employees of the Ministry in accordance with the law. Implementing specific measures to strengthen discipline, administrative discipline for officers, public servants, employees of the Ministry; the practice of saving, waste prevention, prevention of corruption, bureaucracy, bossy, authoritarianism in organizations, units of the Ministry.

4. Build and implement training plan, cadres, public servants and the recruitment, use, operation, transfer, retirement, salary, reward, discipline and other regimes for public servants in the Department under the provisions of the law.

5. Built to professional standards, of public servants under the quota in the industry sector, to the Ministry of Interior issued; issued standard occupations and structure in the field, industry officials and leadership titles standards, management of the professional bodies of the industry, the people's Committee in the areas of the province, the central cities in accordance with the law.

Article 13. On inspection, the inspection 1. Guide, test and inspection of the implementation of policy and legislation in the fields of industry, the range of State management.

2. test, inspection of the Ministry, the Government agency, the people's Committee in the performance of their duties with respect to the industry, in areas the scope of governance.

3. Complaints, accusations, proposals of the Organization, individuals related to the industry, in areas the scope of governance; the population of the organization according to the provisions of the law.

Article 14. Financial management, property 1. Estimating, distribution, management and the Agency's annual budget; check the implementation of the budget in the industry, the field of charge according to the provisions of the law on the State budget.

2. Coordinate with relevant agencies to build mode, standard; budget costs in the industry, the field.

3. Management and responsible for the Affairs of State assets under the provisions of the law.

Chapter III ORGANIZATION of the article 15. The Department's organizational structure 1. The organizations help the Minister of governance: a) the Service;

b) Office;

c) Inspector;

d);

DD) Organization and administration equivalents (hereafter referred to as the Directorate).

2. The unit's public career was defined in the Decree stipulates the functions, duties, powers and organizational structure of each: a) The strategic research divisions, sectors, policy fields;

b) Report; Magazine; The information centre or information technology;

c) school or training centre, fostering public servants; The Academy of the Ministry.

3. the Prime Minister issued the list of business units in other public Ministry has been authorized to establish.

4. The number of the head of the Organization Department of the provisions in paragraphs 1, 2 and 3 of this article do not exceed 11 people.

Article 16. Service in The 1. Service is organized under the Ministry, made of synthetic or staff functions intensively on governance for the sector, field or advised about the internal management of the Department.

2. Service does not have legal personality. Director just signed the documents under the Minister's authorization to guide, solve, report issues related to service, expertise in the functions and duties of the service.

3. Service operating under the expert mode. For those with more work or more plate block of work to be established; number of rooms in the service are specified in the Decree stipulates the functions, duties, powers and organizational structure of each Ministry.

4. The establishment of the service must meet the following criteria: a) functions, the Mission Chief of the State administration for industry, in the fields of functions, the Mission of the Department;

b) ranges, industry management, object fields.

The above criteria do not apply to the establishment of the service staff of the internal management of the Department.

Article 17. The Office 1. The Office is organized in sets, perform the function of general staff plans, programs and activities of the service; control the administrative procedures prescribed by law; to help the Secretary General, the track, urging the organizations, units of The program implementation, the Department's work plan was approved.

2. The Office organized to perform clerical, administrative, storage; facility management-engineering, property, operational funding, secured facilities, working conditions; a public service for the operation of the Ministry and work of internal administration; perform other duties stipulated by law or by the Secretary.

3. The Office of the Department was established according to the assigned work.

4. The Office has its own stamp; Chief of administrative texts were signed when admitting command or the Minister's authorized legacy.

Article 18. Inspector 1. The Inspector is the Organization of the Ministry, to help Minister to implement the provisions of the law on inspection; complaints, accusations and prevention of corruption; conduct administrative Inspector for the Agency, organization, or individual units within the management of the Ministry; conduct specialized inspections for agencies, organizations, individuals active in the field of industry, in the scope of management of the State.

2. Inspect The seal and a private account; founded the business consistent with the provisions of the law on the Ombudsman.

3. The Chief Inspector was signing the administrative text when the command is redundant or authorized by the Minister and are sanctioning administrative violations in accordance with the law on handling administrative violations.

Article 19. The Bureau under the Ministry of 1. The Bureau is organized under the Ministry, made the Commandant functions, help the Minister of governance and law enforcement organizations for specialized, field in the scope of the governance by hierarchies, authorized by the Minister.

The case of The management of the technical infrastructure, great asset, the whole industry was established in the Ministry of local organizations perform functions of the Ministry of internal administration.

2. The Bureau of the Ministry of only one type. The Department has a legal personality, a seal and a private account; Bureau Chief to be issued individual documents, guidance documents expertise, professional majors, the field in the scope of management of the Department.

3. The establishment of the Bureau should meet the following criteria: a) is the subject of management majors, the field in the scope of the governance provisions of the law;

b) Are decentralized, authorized by the Minister to decide the matter in the scope of State management of specialized, field;

c) Organization of activities the public service career in the majors, the field.

4. Organizational structure of the Department, including: a) the room;

b) Office;

c) Bureau (if available);

d) business units.

Article 20. General Directorate of the Ministry 1. The Directorate is organized under the Ministry, made the Commandant functions, help the Minister of governance and law enforcement organizations for specialized, large, complex field on nationwide according to hierarchy, authorized by the Minister.

2. General Directorate has a legal personality, a seal and a private account. VEA be issued individual documents, guidance documents expertise, professional majors, the field in the scope of management of the Department.

3. The establishment of the Bureau should meet the following criteria: a) Has the object state management on specialization, the field of large, complex, critical to the socio-economic development;

b) specialization, fields that need centralized management, unified in the Central, decentralized or not limited to local divisions;

c) Are decentralized, authorized by the Minister to decide the matter in the scope of State management of specialized, field;

d) activity organization public service career in the majors, the field.

4. Organizational structure of the Directorate, including: a) the Service;

b) Office;

c) Department (if any);

d) business units.

The establishment of the service, the Bureau of the Department of applied as criteria for the establishment of the service, the Bureau of the Ministry. Not established in the Service Department in the Directorate.

As for the Directorate is organized by vertical industry system, the establishment of the Bureau, the local agency specified in the decision functions, tasks, powers and organizational structure of the Directorate.

Article 21. Business units in The public 1. The establishment, dissolution, reorganization of business units made public according to the provisions of the Government and the rule of law.

2. The unit does not have a public career in State management functionality.

3. accredited business units autonomy and self responsible tasks, organization, number of people working and financial provisions of the law and subject to the governance of the function of each industry, the field.

4. The public seal, legal personality and own account.

Chapter IV the WORKING MODE and the RESPONSIBILITIES OF MINISTERS Article 22. Working regime of Chief Minister heads modes work and the work of the Government regulations; ensure the principle of democratic concentration; information regimes, the report of the Ministry as a rule.

Article 23. The Minister's responsibility for The 1. Is responsible for the Government; The Prime Minister decides the issues related to the industry, areas under the control of the Government, the Prime Minister under the Government's work.

2. Be responsible for the quality, content, programs, projects, proposals, legal documents prepared by the Ministry.

3. Enactment of the Ministry of work rules and steering, check the implementation of that regulation.

4. The decision of the work in the scope of management of the Department and is responsible for the decision.

5. Leadership, direction and check the organizations, units of the Department in the implementation of the tasks assigned; responsible for building a team of public servants, officers have enough qualities, qualifications, capacity.


6. Take responsibility for the whole of the work under the responsibility and authority, even if already assigned or delegated to deputies.

Article 24. The Minister's responsibility for the Government, the Prime Minister 1. To fulfill the function of the governance of the sector, the field.

2. Do not turn the work in missions, his authority over the Prime Minister. With regard to the problem of excess of jurisdiction or authority properly but not enough ability and conditions to resolve, the Secretary must actively work with relevant Ministers to complete the profile process of the Government, the Prime Minister to review the decision.

3. To fulfill the duties and responsibilities of members according to regulations of work of the Government.

Article 25. The Minister's responsibility for other Ministers 1. No text issued contrary to the provisions of the other Ministers.

2. Hosted, in cooperation with other Ministers to solve the problems related to the functions and tasks of the Ministry.

3. To reply in writing within the time limit prescribed by law on the issues as proposed by other Ministers.

Article 26. The responsibility of the Minister for the people's Committee of the level 1. Direction, guidance, check people's Committee levels made the task of the work in his field, in charge of industry.

2. the resolution proposed by the Chairman of the provincial people's Committee, the central cities under its jurisdiction and to reply in writing within the time limit prescribed by law.

Article 27. The Minister's responsibility for the bodies of the Parliament, with deputies and with voters.

1. Presented or provided the necessary documents at the request of the Standing Committee of the National Assembly, the Council of nationalities and the Committee of the National Assembly.

2. Reply to the recommendations of the Council of the nation and the Congress's Committee under the provisions of the law.

3. Answer the questions in the National Assembly deputies and the recommendations of the electorate about the problems in the industry, the State management sector of the Department.

Article 28. The responsibility of the Minister for the social-political organizations responsible Minister to coordinate with the heads of national organizations, unions and other mass organizations while performing the duties of the Ministry.

Chapter V PROVISIONS Enacted 29. Effect 1. The Decree has effect as from June 15, 2012.

2. This Decree replaces Decree 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies; repeal of previous regulations contrary to this Decree.

Article 30. Transitional provisions 1. Pursuant to the provisions of this Decree, the Ministry reviewing the functions and tasks of the representative body of the local Ministry to hold back into service, the Bureau of the Ministry or representative offices in The local office.

2. The existing rooms out of service in the Directorate are maintained until the Prime Minister decides the functions, duties, powers and organizational structure of the Directorate.

Article 31. Responsibility of 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.