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Circular 04/2008/tt-Bnv: A Guide To The Functions, Duties, Powers And Organizational Structure Of The Department Of The Interior, The Interior Rooms In Provincial People's Committees, District Level

Original Language Title: Thông tư 04/2008/TT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Nội vụ, Phòng Nội vụ thuộc UBND cấp tỉnh, cấp huyện

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Circular functions, tasks, powers and organizational structure of the Department of the Interior, the Interior Rooms in provincial PEOPLE'S COMMITTEES, district level _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization to the professional body in the people's committees of provinces and cities under central;
Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, and city in the province;
Pursuant to 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;
The Ministry of Interior instructed some content about the functions, duties, powers and organizational structure of the Department of the Interior, the Interior Rooms in provincial people's committees, district level as follows: part I INTERIOR DEPARTMENT i. LOCATION and FUNCTION 1. The Department of the Interior's professional body in the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) has the function of Chief, the provincial people's Committee to help implement state management functionality of the Interior, including: Organization; staffing agencies, career State; administrative reform; local authorities; administrative boundary; officers, servants, employees, officers, civil servants, wards and towns; society organizations, non-governmental organizations, clerical, State Archives; religion; emulation-rewarded.
2. The Department of the Interior has a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the provincial people's Committee, and subject to the direction, inspection, professional guide service of the Interior Ministry.
II. Duties And POWERS 1. The provincial people's Committee decision, the draft directive; planning, long term plan, annual, and the five-year project, the project; the program incorporates the governance of the province.
2. Implementation of the legal text, planning, plan, project, projects, the program has been approved; information, advocacy, guidance, testing, education, common law of the realm in the scope of governance.
3. About the Organization: a) The provincial people's Committee decided the hierarchy organizational management with regard to the specialized agencies, the State Department of the provincial people's Committee, the people's Committee at district level.
b) appraisal and the provincial people's Committee functions, duties, powers, organizational structure, professional bodies, the Bureau in the specialized agencies and the State Department of the provincial people's Committee; the project of the establishment, merger, dissolution of the business units in the state provincial people's Committee to the provincial people's Committee decision under the provisions;
c) evaluation, the Chairman of the provincial people's Committee decision on the establishment, dissolution, merger of the collaboration organization under the provisions of provincial law;
d) counsels, to help the provincial people's Committee building the project of establishment, merger, dissolution of the specialized agencies in the provincial people's Committee, the people's Committee at district level in accordance to the provincial people's Committee of the people's Councils at the same level decided by the authority.
DD) coordination with the specialized agencies the same level people's committees guide the district level functions, tasks, powers and organization departments, business units in the people's committees at district level;
e) hosted, in cooperation with the relevant authorities of the Guide, track, check the implementation of the classification, rating agencies, business units of the province under the rule of law.
4. On the management, use, payroll administration, career: a) build and report the provincial people's Committee of local staffing plan to the provincial people's Council decided the total payroll in local career and through the total payrolls of local administration before the competent decision;
b) The people's Committee Chairman issued the decisions of administrative staffing norms, the State-owned;
c) management guidelines, using the payroll for the specialized agencies in the provincial people's Committee, the people's Committee at district level and the business units under the provisions of State law.
5. On the Organization of Government: a) guide the Organization and functioning of local government levels;
b) organize and guide the work of the election of deputies to the people's Council; coordinating with the authorities to organize and guide the work of election of Deputies under the provisions of the law; general election results for the Board of Deputies;
c) evaluation, the provincial people's Committee approval of the election results, the President, Vice-President and other members of the people's Committee at district level. Help the people's Council, the provincial people's Committee, the Standing Committee of the National Assembly, the Prime Minister approved the electoral title under the provisions of the law;
d) staff help people's Council, the provincial people's Committee in the training, fostering people's Council levels; number of statistics, the quality of the people's Council and people's Committee membership levels to sum up, according to the report.
6. Job classification and administrative boundaries of administrative divisions: a) tracking, task management administrative boundary in the province under the provisions of the law and the guidelines of the Ministry of the Interior; prepare the scheme, procedures related to the establishment, merger, split, the adjusted boundaries, renaming administrative units, upgrade of the town in the province the authority to review the decision; the Guide and the Organization made a decision after the approval of the competent authority. Help people's Committee Chairman issued the implementation, guide and manage the classification levels of administrative units in accordance with the law;
b) synthesis and records management, the map boundaries, landmarks, province-level administrative boundaries according to the guidelines and regulations of the Ministry of the Interior;
c) instructions, check the operation of the hamlet, village, Hamlet, a locality, under the provisions of the law and of the Ministry of the Interior.
7. Instructions, check the General report regulation implementation of democracy in communes, wards and towns and administrative agencies, the State of the province under the rule of law.
8. About public servants: a) provincial people's committees to help state management for staff, servants, employees, officers, social servant.
b) Chief of the provincial people's Committee issued the text of the recruitment, management, use, training, fostering and perform mode, the policy for officers, servants, employees and officers, social servants as stipulated by law;
c) unity of management and implementation of the training plan, the cadres and civil servants, officials in and outside the country after the provincial people's Committee for approval. The Guide, check out the recruitment, management, use and implementation of policy, the regime for public servants in the province;
d) process of the people's Committee Chairman granted the decision or the decision by the authority the recruitment, assessment, maneuver, appointment, appointment, transfer, reward, discipline and the mode, different policies with respect to public officers, employees in the provincial people's Committee of management;
DD) instructions, check the implementation of the standard rules on the title and structure of officers, public officials, State officials; recruitment, management and use of State servants; officials and public servants in the township level under the provisions of the law and of the Ministry of the Interior; the decentralized records management officer, servant, officer under the provisions of the law.
9. About administrative reform: a) The provincial people's Committee decided to assign the specialized agencies in the provincial people's Committee in charge of the content, the work of administrative reform, including: institutional reform, reform of the Organization, building and staff development , public officials, public finance reform, modernization of administration; track, urge and examine the implementation of the decision of the provincial people's Committee;
b) process of the people's Committee, Chairman of the provincial people's Committee decided the advocates, measures to promote administrative reform, enhance effectiveness and efficiency in the management of the State administrative bodies in the province; host, coordinating the agencies of the Central vertical industry plays on the province implement the administrative reform;
c) instructions, the urge, check out the specialized agencies in the provincial people's committees and the people's committees at district level, the social level the administrative reforms under the program, a plan to reform the administration of the province was approved; the implementation mechanism of a door, a door in the provincial agency, the people's Committee at district level and the social people's Committee under the provisions of the law and the direction of the provincial people's Committee;
d) provincial people's Committee to help the general implementation of the common rules of the regime of autonomy and responsibility for the use of the payroll for State Agency and autonomy, self responsible for performing the tasks, organization, staffing for the unit under the provisions of public law;
DD) reported construction of administrative improvements the monthly session of the provincial people's Committee; help provincial people's Committee building to report to the Prime Minister, the Ministry of Interior and administrative reform on the work as specified.
10. About Organization and non-governmental organizations: a) evaluation and the Chairman of the provincial people's Committee decided to allow the establishment, dissolution, approved the Charter of the Assembly of non-governmental organizations, on the provisions of the law;
b) instructions, check the implementation of the Charter for the Association, non-governmental organizations in the province. The provincial people's Committee handling the jurisdiction with regard to the non-governmental organization, in violation of the provisions of the law, the Statute of the Association;

c) presiding, in cooperation with the specialized agencies the same level of the provincial people's Committee, Chairman of the provincial people's Committee decided to support the plan and other policy regimes for Assembly according to the provisions of the law.
11. About the clerical work, store: a) tutorial, check out the agencies, organizations and State enterprises on the observance of the legal provisions, mode of document archive;
b) Guide, professional testing service about collecting, protecting, preserving and organizing the use of archives for the agencies, local units and the storage centre;
c) evaluation, the Chairman of the provincial people's Committee approval "category and source documents in an archive Center submitted the"; Verify that the "document title" value of hosting the Centre and of the bodies in the source list submitted to the Archives Center and district archives.
12. Regarding religious work: a) the provincial people's Committee to Help steer, guide, test and implement the party's guidelines and policies, the laws of the State of religion and religious work in the province;
b) presiding, in cooperation with the relevant bodies to carry out the task of managing the State of religion in the province under the rule of law;
c) professional tutorial work of religion;
d) Made the early relationship between the local government with religious organizations in the province.
13. Regarding the work of the emulation, reward: a) General staff help people's Committee and Chairman of the provincial people's Committee, unification directed provincial governance work race, commended; concretize the policy, the policy of the party, the State's laws regarding emulation, merit consistent with the actual situation of the province; the Permanent Mission of the racing Board Exam-rewarded;
b) staff help people's Committee Chairman and provincial Council of emulation-provincial organization commended the movement; summary, summarizing the emulation; in collaboration with the relevant agencies of propaganda, disseminated, replicated the typical advanced, implementation policies of the party and State; the Guide, check out the implementation plan, content emulation, commended the province; implement the Organization and awarded compensation forms prescribed by law;
c) build, manage and use Funds to emulate, rewarded in accordance with the law; manage, allocate, withdrawal, Exchange-level artifacts rewarded according to hierarchy and under the provisions of the law.
d) professional guidance on the work of the emulation, rewarded.
14. Implementation of the work of the international cooperation of the Interior and the fields are assigned according to the provisions of the law and according to assigned by the provincial people's Committee.
15. Perform the inspection, the inspection of Internal Affairs; complaints, accusations, corruption prevention, negative, save, against waste and disposal of violating the law on the areas of the work of the provincial people's Committee was delivered under the provisions of the law.
16. professional instructions on Internal Affairs and other areas are assigned to the administrative offices, the business units in the province, the people's Committee at district level, the social level. The provincial people's Committee to help implement state management functions according to the assigned work for the institutions of the Central and local departments, the other based on the province.
17. General statistics, under the guidance of the Ministry of Internal Affairs about administrative organizations, business units; the number of administrative districts, communes, villages, hamlets, a locality,; the number; the quality of staff, servants, employees, officers, public servants and civil level; clerical work, State Archives; religious work; the work of emulation, rewards and other areas.
18. research organizations, the application of scientific progress; the construction of information systems, storage, data management staff and professional service.
19. Directs and guides the Organization the public service activities in the field of public works in the scope of management of the Department.
20. The information, reports and provincial people's committees of the Ministry of Interior on the implementation of tasks under the regulation.
21. Managing organizational, staffing, wage regimes and policies, policies, reward, discipline, training and fostering of professional expertise for public servants in the Department according to the regulations.
22. the financial management, the property of the Department under the provisions of the law and the hierarchy of the provincial people's Committee.
23. The construction decisions on the functions, duties, powers, organization, relationship and the responsibility of the head of the Organization Department under the provisions of the law to the provincial people's Committee decision or decision by the authority.
24. Perform other duties, powers by the provincial people's Committee, Chairman of the provincial people's Committee and in accordance with the law.
III. ORGANIZATIONAL STRUCTURE And STAFFING 1. Head: a) the Interior Department have the Director and the Deputy Director of the Department;
b) the Director is the head of Department, responsible to the people's Committee, Chairman of the provincial people's Committee and before the law of all activities of the Department and the implementation of the functions, duties, and powers was given;
c) Deputy Director of the Department's Director directing a number of face and responsible to the Director of the Department and before the law on the duties assigned. When the absence of the Director, a Deputy Director of the Department was operating Credential Manager in the activities of the Department;
d) Chairman provincial people's Committee decision on the appointment of the Director, the Deputy Director of the Department of professional standards, professional due to the Ministry of the Interior issued, according to the regulations of the State party on the work of officers and in accordance with the law;
DD) The resignation movement, rotation, reward, or discipline, resignation, retirement and perform mode, the policy with regard to the Director and Deputy Director by the Chairman of the provincial people's Committee decided in accordance with the law.
2. Organization structure owned by not more than 10 units, including: a) Office.
b) inspection.
c) room document, archive.
d) emulation-rewarded.
DD) based on the nature, characteristics, mission requirements of each local, provincial people's Committee decided to Ban religion or religion.
Emulation-reward, Ban religion (if any) is the equivalent organization Bureau Department, has legal personality, have accounts and private seals.
e) career in organizations:-the storage Center (Interior Department receiving the status quo the hosting Center in the Office of the provincial people's Committee).
-Interior Department Director the provincial people's Committee decision establishing the Organization of other career in the Department in accordance with the law.
3. About staffing: a) based on the functions, missions, the workload, the nature and specific characteristics of management majors, the field Director, the Chairman of the provincial people's Committee decision of administrative staffing in total payroll administration of the province;
b) staffing of the facility by the provincial people's Committee decision under the provisions;
c) the deployment of officers, civil servants, officers of the Department are based on job title, location, structure, criteria for categories of public officials, State officials, according to the regulations.
Part II The INTERIOR ROOM I. LOCATION, Function 1. The interior room is the professional body in the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) is the Chief of the people's Committee, to help districts make state management functions on the field: organizing, staffing agencies , the State-owned; administrative reform; local authorities; administrative boundary; officers, public officials, State officials; officials and public servants communes, wards and towns; non-governmental organizations; clerical, religious, State Archives; emulate rewarded.
2. The interior Rooms have legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the people's Committee at district level, and subject to the direction, inspection, professional guide service of the Interior Department.
II. Duties And POWERS 1. The people's Committee at district level the guidance documents on the work of local affairs and implementing organizations under the rules.
2. The people's committees at district level decision, the directive; planning, long term plan, annual and five year; the program, measures the organization performs the tasks in the field of governance.
3. Implementation of the legal text, the planning, the plan after it is approved; information, advocacy, education, common law of the realm in the scope of management.
4. About the Organization, the apparatus: a) General staff help people at district level Committee functions, tasks, powers and organization of the specialized agencies at district level under the guidance of the provincial people's Committee;
b) Process-level people's committees of the decision or order to the people's committees at district level the Authority decided to set up, merger, dissolution of the specialized agencies in the people's committees at district level;
c) project established, merged, dissolved the Organization the career decision authority;
d) staff help people's Committee Chairman granted the district decided to set up, dissolved, merged the institutions collaboration at district level in accordance with the law.
5. On the management and use of administrative staffing, career: a) General staff help people's Committee Chairman at district level to allocate administrative staffing targets, annual career;
b) Helps people at district level Committee guide, check out the management and use of administrative staffing, career.
c) Helps people's Committee at district level General synthesis of the implementation of the provisions on the regime of autonomy, responsible for the specialized agencies, the organization-level career and social people's Committee.
6. About the construction of Government:

a) Helps people at district level Committee and the competent authority organizations to conduct the election of Deputies, deputies to the people's Council according to the assignment of committees at district level and the direction of the provincial people's Committee;
b) perform the procedure to the President of the people's Committee at district level to ratify the titles of people's Committee leaders granting commune; district-level people's committees help the provincial people's Committee approved the electoral title under the provisions of the law;
c) counsels, committees at district level to help build the new project, type, Division, adjusted the boundaries of local Government to the people's Committee of the people's Councils at the same level through before submitting to the authority to review the decision. Is responsible for records management, milestone, just about, map administrative boundary of the district;
d) Helps people at district level Committee in guiding the establishment, dissolution, merger and checks, General report on the activities of the hamlet, village, Hamlet, a locality, district as prescribed; fostering the work of the Deputy Minister for the countryside, villages, hamlets, a locality,.
7. Help people's Committee at district level in the instructions, check the General report the implementation of democratic legislation basis for administrative agencies, business units, communes, wards, town district.
8. About public servants: a) General staff help people's Committee at district level in the employment, use, operation, appointment, appointment, evaluation; policy, training, the fostering of professional expertise and knowledge management for public servants;
b) make recruitment, management of the communes, wards and towns and a policy for officers and non-officers are dedicated to communes, wards and towns by level 9. Administrative reform: a) district-level people's committees to help deploy, test, urge the specialized agencies and people's committees of the same level of social reform undertaken in local administration;
b) counsels, helps people District Committee advocates, measures to promote the reform of local administrative districts;
c) General administrative improvements in local-level people's committees report to the district and province level.
10. the people's committees at district level to help implement state management on the Organization and activities of the society and non-governmental organizations in the area.
11. About the clerical work, store: a) tutorial, check out the bodies, the Executive district mode, the provisions of the law of clerical work, store;
b) Guide, professional testing service about collecting, protecting, preserving and organizing the use of archives for the agencies, local units of the district and the district archives.
12. Regarding religious work: a) Helps people at district level Committee directs, guides, test and implement the party's guidelines and policies, the laws of the State of religion and religious affairs;
b) presiding, in cooperation with the specialized agencies of the same level to make the task of managing the State of religion in the area according to the hierarchy of the provincial people's Committee and in accordance with the law.
13. Regarding the work of the emulation, reward: a) General staff, proposed to the people's Committee of the district level organization of the movement and the implementation of the policies of the party and State districts; the Permanent Mission of the Council commended the district level-emulation;
b) instructions, test, urging the implementation of the plan, content emulation, rewarded districts; build, manage and use Funds to emulate, rewarded in accordance with the law.
14. Inspection, testing, solving the complaints, accusations and handle breach of the internal affairs under the jurisdiction.
15. To perform statistics, information, report the people's Committee Chairman and Director of the Department of the Interior on the situation, the results of local affairs.
16. The organization to deploy, the application of scientific and technological progress; construction of the information system, the archive serves the management state of internal affairs.
17. the organization management, staffing, implementing mode, policy, policies, reward, discipline, training and fostering of professional expertise for public servants in the scope of management of the Interior pursuant to the law and according to the hierarchy of people's committees at district level.
18. financial management, property of the Interior Rooms prescribed by the law and according to the hierarchy of people's committees at district level.
19. Help people's Committee at district level specifies the functions, duties and powers of the people's committees of communes, wards and towns about internal affairs and other work fields are assigned on the basis of the provisions of the law and under the guidance of the Department of the Interior.
20. Perform other duties as assigned by the district people's Committee.
III. STAFFING And ORGANIZATION 1. The Interior rooms have the Head, Deputy head and public officials.
a) the Chief of Internal Affairs responsible to the people's Committee, Chairman of the people's Committee at district level and before the law on the implementation of the functions, duties, powers and activities of the entire room.
b) Deputy head Director in charge and help track some task faces; responsible to the Head and before the law on the duties assigned. When the Chief is absent a Deputy head was operating Credential Manager operations.
c) appointing, maneuver, rotation, reward, discipline, dismissal, resignation, perform mode, the policy for Chief, Deputy Head of the people's Committee Chairman by district level decision under the provisions of the law.
2. Staffing: staffing of the Department of the Interior by President of the people's Committee at district level the decision of the district administrative payroll.
Part III IMPLEMENTATION 1. This circular has the effect after 15 days from the date The report and replacing circular No. 05/2004/TT-BNV May 19, 2004 01 Interior Ministry guide functions, tasks, powers and organizational structure specialized agencies help manage people's Committee on internal affairs in the locality; Circular No. 25/2004/TT-BNV on April 19, 2004 by the Ministry of the Interior instructed the functions, duties, powers and organizational structure specialized agencies to help the people's Committee of the State administration of religious affairs in the locality; Circular No. 21/2005/TT-BNV on 01/02/2005 of the Ministry of the Interior instructed the functions, duties, powers and organization of The Archive document, ministerial-level agencies, government agencies and people's committees; annulment of point b of section 1 No. 3499/BNV-TCBC on November 29, 2005 of the Ministry of the Interior on the implementation of the Government's Decree on the Organization of work the emulation-rewarded and repealed the previous provisions contrary to this circular.
2. During the implementation of this circular, if there are problems or obstacles, the proposal reflects on the Interior Ministry to regulate supplements./.