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Decree No. 45/2003/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of The Interior

Original Language Title: Nghị định 45/2003/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nội vụ

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The DECREE stipulates the functions, duties, powers and organizational structure of the Ministry of Interior _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant resolution No. 2/2002/QH11 on 05 August 2002 of the National Assembly of the Socialist Republic of Vietnam, the POKER session key for the regulations and ministerial agencies of Government;
Pursuant to Decree No. 86/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
According to the recommendation of the Minister of the Interior, the DECREE: article 1. The position and function of the Ministry of Interior is Government agencies perform management functions on the field: organizing the State administrative apparatus; local government organizations, management of administrative boundary; officers, public officials, State officials; organizations and non-governmental organizations; text of the message, the State Archives and state management for the public service in the field of the management of the Department under the provisions of the law.
Article 2. Duties and powers of the Ministry of Interior is responsible for performing the duties and powers stipulated in Decree No. 86/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. The Government of the Prime Minister, the project of law, ordinances and draft legal documents about the fields in the range of State management.
2. The Government, the Prime strategy, development planning, long term plan, five-year and annual plans of the areas belonging to the range of State management.
3. Promulgation of decisions, directives, circulars in the scope of management of the State.
4. Steer, guide, test and is responsible for implementing the legal text; strategy, planning, plan, after being approved and other legal documents in the scope of management of the Ministry; information, advocacy, education, dissemination of legal texts in the field of governance.
5. On the Organization of State administration: a) The Government of the Prime Minister, the scheme: the Government's organizational structure; establishment, merger, dissolution, annulment of the Ministry, ministerial-level agencies, government agencies; the specialized agencies of the people's Committee; assigned to the organization management divisions, the administration of the State; management mechanism for the Organization of the State; regulatory classification of administrative organization and State career;
b) appraisal or the Prime proposals on organizing the advisory agency of the Prime Minister; appraising the schemes of adjusting structure of ministries, ministerial agencies, government agencies, the Organization of professional bodies in the Committee because the Agency stated on the Prime Minister.
6. On the Organization of local government: a government scheme): principles and criteria for the classification of administrative units; the new establishment, merger, splitting, the adjustment of administrative divisions under the provisions of the law;
b) appraisal and the Prime Minister approved the results of Election Committee members;
c) unity of management training legal knowledge, governance, administrative manager for the people's Council;
d) help the Government, the Prime Minister's instructions, the test works councils under the provisions of the law. Attend the meetings of the Council and the provincial people's Committee when discussing the relevant issues in the scope of the governance;
DD) directing, instructing the people's Committee in the election of deputies to the people's councils in accordance with the law;
e) Guide, check out the people's Committee of the level of the method of operation of the Committee;
f) instructions, check the implementation mode, internal policy basis of the communes, wards and towns;
g) organize the statistical quantity, the quality of the people's Council, the people's Committee members; Statistics the number of administrative levels.
7. About administrative boundary: a) presiding, in cooperation with the State authorities in the Central and local governments, basic research on the administrative boundary; the principles of construction management, demarcation, adjust administrative boundaries;
b) The Government-established scheme, type, Division, adjusted the boundaries of the province, central cities, the establishment or dissolution of the economic-administrative units; the evaluation process of the Government decided to set up new, import, share, adjusted the boundaries below the provincial level;
c) guide the local Government address the issue of disputed administrative boundaries the divisions under provincial level;
d General Government program) the prime consideration, solving the problem of the administrative boundary disputes also have different opinions;
DD) records management administrative boundary levels.
8. Regarding public servants of the State: a) The Government scheme: assigned, decentralized management of officers, public servants and administrative staffing, career State; training, fostering, public officials and officers; policy, the salary regime, regime, and support other modes for officers, public officials, government officials, elected officers (President, Vice Chairman of people's Committee levels), communes, wards and towns; the armed forces and wages officer held State enterprise management (including the Management Board, the Director General, Deputy Director General, the Director and Chief Accountant of State enterprises) and contract workers in the administrative offices, the State Organization;
b) The Prime project about use, reviews, appointment, appointment, transfer, reward, or discipline officers, servants, employees and public servants in the turnover structure of the State agencies as prescribed by law;
c) Made permanent improvements on State wages policy;
d) General administrative staffing, career of State agencies; under the authorization of the Prime Minister decides the allocation of administrative staffing targets for ministries, ministerial agencies, government agencies, provincial people's Committee, the Association and non-governmental organizations have used the State payroll and payroll limit specified for the career Ministry , ministerial-level agencies, government agencies, provincial people's Committee;
DD) issued regulations on title, profession, professional standards for the recruitment, employee turnover, grade civil servants, appointed to the quota; instructions, check the implementation of use, assessment, appointment, appointment, transfer, reward, or discipline officers, State administrative officer; instructions, check the implementation of the regulations on the management of public servants, mode, policy with regard to elected officers (President, Vice Chairman of people's Committee levels) under the provisions of the law;
e) uniformly in content management, program, method and organization of training cadres, the State administrative officer, administrative officer titles granted, bases, training officers public money; English language training for staff of ethnic, civil servants working in the region;
f) appraisal of personnel with respect to the titles of officers, led by the ministries, ministerial agencies, government agencies, provincial people's Committee, the State Enterprise the Prime; decide on the appointment, appointment, transfer, reward, or discipline for officials and civil servants in the administration of the authority; decide the quota arrangements for senior civil servants;

ưg) organized to perform general, statistics on the number and quality of staff, public officials, State officials and senior leaders in the management authority of the Prime Minister.
9. About the Organization and non-governmental organizations: a) The Government order, the procedure established dissolve, approval of the Charter Conference, non-governmental organizations;
b) Guide and decided to allow the establishment, dissolution, approved the Statute of the Association, non-governmental organizations have active range country or province under the rule of law;
c) instructions, check the implementation of the Charter for the Association, non-governmental organizations.
10. About the State administrative reform: a) The Government of the general scheme of the administrative reform in each stage and the implementation of administrative reform programs in the field of organization of State and administrative officers, public officials, State officials;
b) appraise the scheme due to the administrative reform ministries, ministerial agencies, government agencies, provincial people's Committee of the Prime Minister;
c) Made permanent the work of the Government's administrative reform.
11. About the clerical work, State Archives: a) The project on the management of government public works and the national archives;
b) issued the regulations on the management of clerical work, stored in the competence of the Ministry;
c) instructions, check the State agency implementing regulations on clerical work management, archive.
12. international cooperation: a) the implementation of the international cooperation activities, programs and projects of cooperation with foreign countries in the field of State administration reform prescribed by the Government;
b) made international cooperation in the field of the Ministry in accordance with the law;
c) is the host and performs the activities in ASEAN cooperation in the field of public service;
d) General, periodic reports on the Conference, the International Conference according to the functions and tasks assigned.
13. Test, inspection complaints, accusations, against corruption, negative and handle breach of the law on the areas of work under the authority of the Ministry.
14. The Government regulation on the management and use of the seal; instructions and check the use of the seal of the State authorities.
15. To organize and direct the implementation of the plan of scientific research institutions, Administrative Sciences and the application of scientific research in the field of the work of the Ministry.
16. management of organization, staffing; directs the implementation of salary mode and the mode of remuneration policies, reward, or discipline for officials and civil servants in the Department of management in accordance with the law; training, the fostering of professional expertise for public servants in the State management of the range.
17. financial management, asset and the implementation of the budget is allocated according to the provisions of the law.
Article 3. Organizational structure of the Ministry a) organizations help Ministers make state management functions: 1. Service Organization-payroll;
2. Service of local government;
3. Public Service employees;
4. Service training, fostering public officials;
5. Service salaries;
6. Service non-governmental organizations;
7. Service administrative reform;
8. international cooperation;
9. the Department and the State Archives;
10. Service personnel;
11. The Inspector;
12. The Office (with a permanent agency in Ho Chi Minh City and Da Nang City).
b) held Ministry career: 1. National Institute of public administration;
2. scientific research institutions;
3. State Organization magazine;
4. Information Center.
The Minister of the Interior the Prime functions, tasks, powers and organizational structure of the national administration Academy, Department and store the State to replace the legal text.
Article 4. Effective enforcement of this Decree takes effect after 15 days from the date of public notice, replacing Decree No. 181/CP dated 9 November 1994 from the Government functions, tasks, powers and structure of the Organization-Government officials; No. 34-dated March 1st, 1988 of the Council of Ministers Regulation functions, tasks, powers and organization of the State Archives; No. 253-dated 6 July 1992 of the Council of Ministers Regulation functions, tasks, powers and organization of the National Academy of public administration and other provisions contrary to this Decree.
Article 5. Responsible for enforcement of the Minister of the Interior, the Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.