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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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THE GOVERNMENT.
Numbers: 36 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 18, 2012

DECREE

Functional regulation, duties, powers and organizational structure of the Ministry, the peer-to-peer body

____________________________

Government Law Base December 25, 2001;

On the recommendation of the Minister of the Interior;

The government issued a decree regulating the function, duties, powers and organizational structure of the ministry, the peer-to-peer agency,

Chapter I

GENERAL REGULATION

What? 1. Range and object tuning

1. This decree specifies the general function, duties, powers, and organizational structure of the ministry, the transverse body (the latter is the ministry); the working and authority regime, the responsibility of the Minister, the chief of the body (the latter being the minister).

2. Funcability, duties, specific powers of industry management, the area of the Ministry of implementation by the Decree of the Funcability of each function, the mandate, the authority and the organizational structure of each ministry.

3. The regulations on the organizational structure of the Ministry at Chapter III This decree do not apply to the organizational structure of the Ministry of Defense and the Ministry of Public Security.

4. The name of the Ministry and the name of the organization, the unit of the Ministry of Foreign Language translations for international transactions under the direction of the Ministry of Foreign Affairs.

What? 2. Position and function of the

The ministry is the government's agency, which performs state management functions on the industry, sector within the country; state management of industry and sector public services.

What? 3. Minister

1. The minister is a Government member, being the head and head of a ministry; taking part in the activities of the Government and other government works; implementing the mandate, the powers under the provisions of the Government Organization Law, the regulations at the Decree. This and the other law is relevant; it is responsible for the Prime Minister, the National Assembly of State Management for the industry, the field within the country.

2. The holder of the ministerial level of the Minister (later known as First Minister) is the person assigned in charge, directing the organization to implement one or some of the ministry 's work areas according to the minister' s assignment and responsible to the Minister and before. The law on the mission is assigned.

When the Minister is absent, a deputy minister is mandated by the Minister to replace the ministry and to resolve the ministry's work and Minister.

3. The number of the number of ministers in each ministry is no more than 04. For the Ministry of State Administration, large, important, complex, number of ministers may be more than 04 led by the Prime Minister.

Chapter II

MISSION, AUTHORITY.

What? 4.

1. The Government project the bill, draft resolution of the National Assembly; the ordinance project, the draft resolution of the Standing Committee of the National Assembly; the draft of the Government 's decree under the program, the Government' s annual legislative construction plan and the resolutions, the project. Sentence, conviction by government, Prime Minister.

2. Government Prime Minister draft decision, directive, and other documents according to the division.

3. Board of information, decision, directive, and other texts on state management of the industry, sector; guide, examination of the implementation of those texts.

4. Directed and organized propaganda, disseminism, education of the Ministry of State of the Ministry of State.

5. Check out the rule of law of law by the ministries, the People 's Council, the Provincial People' s Committee, the Central Committee of the Central Committee which is associated with the industry, the area of the ministry ' s state management; if the regulations are detected by those agencies. issued with a left sign with the copyright law of the discipline, the sector by the Ministry of Management, under the rule of law.

What? 5. On Strategy, Planning, Plan

1. Strategic Government, planning, long-term development plans, five years, years and projects, industry-based national important works, sector; publication (excluding state secret content) and organizing the direction of strategic implementation, rules and regulations. Planning, after approval.

2. The appraisal of the contents of the feasibility study reports and the report of the feasibility study of programs, projects, industry projects, fields; approval and the decision to invest projects under the jurisdiction of the Ministry by law.

What? 6. On International cooperation

1. The Government decides to enlist, measures to strengthen and expand relations with foreign countries and international organizations; the signing, approval, approval or accession and the measure of ensuring the implementation of the International Convention on behalf of the State or the name of the state. The government is in the area of the Ministry of State management.

2. The negotiation organization, which signs international treaties under the authority of the state agency with jurisdiction and organization implementing international cooperation plans, the international treaty that Vietnam is a member of the state management scope for the sector, the sector.

3. Participate in international organizations according to the government's division; the signing and organization of the implementation of the international agreement on behalf of the law; the organization performs international cooperation to promote the efficiency of efficiency, the functioning effect of its body.

What? 7. On administrative reform

1. The Government decides to devolve the mandate of state management of the industry, the field for local government.

2. Decision and organization implementing administrative reform plans, the public sector of administrative and administrative procedures; the decision to devolve to the agencies, the unit directly under jurisdiction.

3. Reform the apparatus of the compact, streamline Ministry of Corrects, the reduction of the lead, the full overview of the function, the mandate, the authority of the Ministry according to the Government ' s Division of Assignments.

4. Implementers the method of working, modernization of the public, the culture of the public and the application of scientific research results, technology into the activities of the Ministry.

What? 8. On state management of industry-based public services, sector

1. The government enacted mechanisms, the policy of supply of public services; the practice of socializing the activities of public service in the industry, the field.

2. The Prime Minister planning the network to organize public service career units.

3. Guide to the implementation of the policy, law, and support for organizations that carry out the activities of the industry ' s public service career, the field under the rule of law.

What? 9. In terms of business, cooperative and other types of collective economy, private

1. Government enacted mechanisms, incentives, support, and orientation of business development, cooperation and other types of collective economy, other private sectors of the industry, sector.

2. Guide, check out the implementation of regulations for the industry, business profession, conditional service under the Government of the Prescribed Disposal of the jurisdiction of the jurisdiction.

3. Implementers the rights and obligations of the state-owned owner according to the assignment, the Government ' s hierarchy on the LLC a member owned by the State as the owner and the state capital of investment in other businesses was organized and operated by the government. Corporate Law.

What? 10. Go to Society, NGO.

1. Labor to the board of the assembly, non-governmental organization; written with a written opinion with the state agency having jurisdiction over permission of the establishment; division, separation; merger; dissolution; reorganization; renaming and approval of the convention, non-governmental organization.

2. Guide, facilitation of the association, NGO participation in industry activities, the area of the Ministry of State management of the Ministry.

3. Check out the implementation of the laws of law on the assembly, the NGO that operates in the industry, the area of the Ministry of State management; the handling or petition of the state agency has the authority to handle violations of the law of the state. The organization, the non-governmental organization, is defined by the law.

What? 11. On the organization of the apparatus, the public commission and the number of officials

1. The Government decides: functions, duties, powers, and organizational structure of the Ministry; established, reorganization, dissolution of the total and organization equivalent of the Ministry; the autonomy mechanism, self-responsibility for the public sector units of the industry, the sector. Oh,

2. The Prime Minister decides: establishment, reorganization, dissolution of affairs, bureau and equipositions, the public career unit of the decision-making authority of the Prime Minister; function, mandate, authority and organizational structure of the Directorate General and the organization. equivalent of the Ministry.

3. Decided the establishment, reorganization, dissolution of other public career units not under the jurisdiction of the Government, the Prime Minister under the rule of law.

4. The decision to establish a chamber in the Department of the Ministry, Inspecer, Office of the Ministry and the Bureau of the Bureau by regulation at the Government's decree stipulated the functions, duties, powers, and organizational structure of the Ministry.

5. Regulation of functions, duties, powers, organizational structure of the case and the Department of the Ministry, Inspecking Ministry, Office of the Ministry, the established career units of the Ministry according to the provisions of the law.

6. Host, in coordination with the Ministry of Internal Affairs issued joint guidance on the function, duties, powers, and organizational structure of the specialized agencies of the industry, the field of the Provincial People 's Committee, the Central City of Central and the People' s Committee. The district, the town, the town, the city.

7. Build a job placement portfolio, tranche civil structure structure and official in a career title to determine the Department of the Ministry 's annual civil service compaction plan and the number of officials working in the Department of the Interior Ministry' s annual public career unit. according to the rule of law.

8. The decision to hand the public commission to the ministries of the ministry; the management of civil service in the institutions, units of the ministry; management of employment and number of civil unions, officials in the established career-based career units of the French Ministry of Justice. the law.

What? 12. On staff, civil service, officials

1. The Prime Minister of the Government appointed, dismissal, the Deputy Minister.

2. Decision to appoint, dismissal, the head of the head, the deputy head of the head of the organization, the unit of the organization ' s organizational structure, including: the Directorate General and the equivalent organization, bureau, case, inspector, office, public career units and room in the area. Ministry, Inspector, Department Office.

The head of the General Directorate and the equivalent organization, the bureau, the public career unit of the appointed Decision, dismissal, the management of the leadership, the management of the subordinate units of the management.

The appointment, dismissal, the title of leadership, the administration of the Ministry of the Act is governed by the rule of the party and the rule of law.

3. Manage cadres, civil officials, subordinated officials of the rule of law. Implementing specific measures to increase discipline, administrative discipline to cadres, civil officials, subordinated officials; practice of saving, anti-waste, anti-corruption, bureaucry, bossy, bossy, bossy, bossy.

4. Construction and organization implementing the training plan, fostering cadres, civil officials, officials and the recruitment, use, operation, rotation, retirement, wage regime, reward, discipline and other regimes for cadres, civil officials, officials, officials, and officials. The rules of the law.

5. Building the standard of expertise, the career of industry tranche, sector to the Ministry of Internal Affairs enacted; the board sets the title of profession and the branch of the industry, the field and the title of leadership, the management of the facilities. The department of the Provincial People's Committee, the Central Committee of the Central Committee, is defined by the law.

What? 13.

1. Guide, check and inspect the implementation of the policy, the law on the industry, the field of the Ministry of State management of the Ministry.

2. Check out, inspect ministries, government agencies, the People's Committee on the implementation of its mission to the sector, the area of the Ministry of State management of the Ministry.

3. Resolve the complaint, denouncing, the organization ' s petition, the individual in relation to the industry, the area of the Ministry of State management of the Ministry; organization of the takeover by law.

What? 14. On financial management, property

1. Estimates, allocate, manage and decide the annual budget of the body; examine the status of the industry, the field of charge under the provisions of the State Budget Law.

2. Coordinate with the relevant institutions that build the regime, the standard; the extent of the branch budget of the industry, the field.

3. Manage and be responsible for the property of State delivered by the rule of law.

Chapter III

ORGANIZATIONAL STRUCTURE

What? 15. Ministry organizational structure

1. The organizations help the Minister to manage the state:

a) Case:

b) Department office;

c)

d)

The General and the equivalent of the organization (the following are the sum).

2. The established public career units are regulated at the Decree of Funcability, mandate, powers, and organizational structure of each Ministry:

a) Strategic research units, industry policy, sector;

b) Press; Journal; Information and Information Center;

c) School or Centre for Training, Rehabilitation, Public Affairs, Officer; Academy of the Ministry.

3. The Minister for the Prime Minister to enact a list of other public career units of the Ministry has been granted a competent authority.

4. The number of deputies of the head of the organization specified by the Ministry of Regulations 1, 2 and 3 This is no more than 03 people.

What? 16.

1. The case is an organization of the Ministry, which performs a general or intensive planning function on state management of the sector, the field or the staff of the internal management work of the ministry.

2. The case has no legal status. The Secretary has only been signed under the Minister's mandate to guide, address, inform the issues relating to the professional, the function of the function, the task of the case.

3. The operation according to the expert regime. For cases where multiple arrays of work or multiple work blocks are established in the chamber; the number of rooms in the case is regulated at the Decree of Functional, task, authority, and organizational structure of each ministry.

4. The establishment of the case must meet the following criteria:

a) There is function, the task of planning the state management of the sector, the field of function, the ministry ' s mission;

b) There is a scope, industry management object, field.

The above criteria are not applicable to the establishment of the internal management of the ministry.

What? 17. Ministry Office

1. The Office of the Ministry is the organization of the Ministry, which performs a composite staff function of the program, the work plan and serves the activities of the ministry; control of administrative procedures under the rule of law; help the Minister to synthesize, follow, and the governors. A unit of the Ministry for the Program, the Ministry's work plan was approved.

2. The Department Office performs administrative, clerkwork, storage; management of facilities-engineering, property, operational funding, media assurance, working conditions; joint service for the activities of the Ministry and internal governance; implementing the functions of the Ministry of Management and Management. The other mission is by law or by the Secretary of State.

3. The Office of the Department is established in the room according to the areas of the work delivered.

4. The Office of the Ministry has its own seal; the Chief of Staff is signed on administrative documents when it is ordered or admitted to the Minister ' s authority.

What? 18.

1. The ministry of the ministry is the organization of the ministry, which helps the Minister to implement the laws of the law on the work of inspectors; resolve complaints, denounce and defence, against corruption; conduct administrative inspectors on the agency, organization, unit, individual of the scope. ministry of the ministry; conducting specialized inspectors on the agency, organization, individual operating in the industry, the area of the Ministry of State management of the Ministry.

2. The Ombudgt has its own seals and accounts; it is established that the office rooms are in accordance with the regulation of the Inspector Law.

3. The Chief Inspector of the Department is signed on administrative documents when he is appointed or inherits the authority of the Minister and is treated for administrative violations by the rule of law on the disposal of administrative violations.

What? 19.

1. The bureau is the organization of the Ministry, which performs the planning function, which helps the Minister to manage the state and organize law enforcement on the majors, the area of the Department of State Administration of the Department under the hierarchy, the Minister ' s mandate.

In the case of the Ministry of Engineering Department of Engineering, large assets, the entire industry is established in the Ministry of Internal Administration of the Ministry's internal governance implementation.

2. The Department of the Department has only one type. The Bureau has its own legal status, stamp and account; the Bureau is issued a separate text, professional instruction text, professional affairs, and field of management.

3. The establishment of the bureau must meet the following criteria:

a) There is a governing subject of specialization, the area of the Department of State management by the provisions of the specialized law;

b) devolve, the Minister ' s mandate to decide on matters of the state management scope of the speciation, the field; and

c) The organization operates a professional public service career, the field.

4. The organizational structure of the bureau, including:

a) Room;

b) The office;

c) (if any);

d) A public career unit.

What? 20.

1. The Directorate General is an organization of the Ministry, which performs the planning function, which helps the Minister to manage the state and organize law enforcement on the majors, the large, complex sector on the country according to the hierarchy, the Minister ' s mandate.

2. The president has a legal status, has its own seal and account. The Chief Directorate is given a separate text, professional instruction text, a career in specialization, the field of the total management scope of the Directorate.

3. The creation of the Directorate must meet the following criteria:

a) There is an object of state management of majors, large areas, complex, important for economic-social development;

b) Specialization, concentration of centralized management, unified in the Central, non-devolve or restricted distribution to the local;

c) devolve, the Minister ' s mandate to decide on matters of the state management scope of the speciation, the field; and

d) Organization of professional public service activities, fields.

4. Total organizational structure, including:

a) Case:

b) The office;

c) The bureau (if any);

d) A public career unit.

The creation of the cases, the bureau of the Directorate, applies the criteria as to the establishment, the Department of the Department. No room in the General Department.

For the General Directorate to be organized under the vertical industry system, the establishment of the local bureau, the local spending is regulated at the decision to determine the function, mandate, jurisdiction, and organizational structure of the Directorate.

What? 21. Ministry of Public Affairs Unit

1. The establishment, reorganization, dissolution of the public career unit implemented by the regulation of the Government and the provisions of the specialized law.

2. The public career unit does not have a state management function.

3. The public career unit is self-appointed and self-responsible for the task, organization of the apparatus, the number of people working and finances under the rule of law and is subject to the state management of the functional ministries in each sector, the field.

4. The public career unit has its own legal status, seals and accounts.

Chapter IV

MINISTER ' S WORK AND RESPONSIBILITIES

What? 22. Minister ' s work regime

The Minister works by the chancellor's regime and the Government's employment Regulation; guarantees the principle of democratic centralism; the implementation of the information regime, the Ministry's report by regulation.

What? 23. Minister for the Minister

1. In charge of the Government; the Prime Minister decides on matters relating to the sector, the field of government jurisdiction, the Prime Minister under the Government of the Government.

2. Take responsibility for the quality, the content of projects, programs, schemes, and the text of the rule of law by the Ministry of preparation.

3. Board of the Department for the Department of Affairs and conduct, examine the implementation of that Regulation.

4. Decide the work of the Ministry ' s management range and is responsible for those decisions.

5. Leader, direct and inspect the organization, unit of the ministry in the implementation of the tasks assigned; responsible for the construction of the civil service team, the officer with sufficient qualities, qualifications, capacity.

6. Take responsibility for the entire work of responsibility and jurisdiction, even if assigned or delegated to the rank of deputy.

What? 24. Minister for Government Affairs, Prime Minister of Government

1. The full implementation of the Ministry of State Management of the Ministry of Industry, sector.

2. Do not transfer the task of duty, your authority to the Prime Minister. For matters beyond jurisdiction or authority, but without sufficient capacity and conditions to resolve, the Minister must actively work with the relevant Minister to complete the Government's program, the Prime Minister considers the decision.

3. Practice the full task and responsibility of the Government member under the Government ' s Employment Statute.

What? 25. Minister for Secretary of State

1. Not to issue a left text with the regulation of other Ministers.

2. Host, coordinate with other Ministers to address the problems that are relevant to the function, that ministry ' s mission.

3. Answer by writing in the statute of limitations regulation on matters at the suggestion of the other Minister.

What? 26. Minister for the Committee on the People's Committee

1. Directed by, guide, check out the People ' s Committee on the implementation of the disciplinary tasks of the industry, the field of which he is in charge.

2. Resolve the proposals of the Chairman of the Provincial People ' s Committee, the Central City of the Central to his jurisdiction and to respond in writing in the time of the rule of regulation.

What? 27. Minister ' s responsibility for the agencies of the National Assembly, with the Congress delegate and with the electorate.

1. Presentation or provide the necessary documents at the request of the Standing Committee of the National Assembly, the National Council and the Committee of the National Assembly.

2. Answer the petitions of the National Council and the Committee of the National Assembly under the rule of law.

3. Answer the advice of the Congressional delegate and the petition of the electorate on the matters of the industry, the state governing field of the ministry.

What? 28. Minister for Secretary of State for Political-Social Affairs

The Minister is responsible for coordinating with the head of the Organization of the Fatherland Front, the Company and other body organizations while carrying out the ministry ' s mission.

Chapter V.

EXECUTION CLAUSE

What? 29.

1. This decree has been in effect since 15 June 2012.

2. This decree replaces the Digital Protocol 178 /2007/NĐ-CP December 3, 2007 the Government provides for the function, duties, powers, and organizational structure of the Ministry, the peer-to-peer authority; the abolition of the previous regulations against this decree.

What? 30. The transition clause

1. Base of the provisions of this decree, the Department of Functional Controllers, the duties of the local Ministry's representative agencies to reorganize the service, the Department of the Ministry or the Office of the Representative Office of the Local Office.

2. The existing rooms in the general case are maintained until the Minister of the Prime Minister decides to function, mandate, authority, and organizational structure.

What? 31.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung