The DECREE stipulates the functions, duties, powers and organizational structure of the Government agency _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress , the tenth session;

Pursuant to the Government Organization Act on December 25, 2001;

According to the recommendation of the Minister of the Interior.

DECREE: ưĐiều 1. The scope and the object of this Decree adjustment functions, tasks, powers and organisational structure of the Agency under the Government; modes of work and responsibility of government agency heads.

Article 2. The position and function of government agency established by the Government, including: 1. Government agencies perform a number of tasks, the management authority of the State of the industry, the field; the governance of the public service in the industry, field and made a number of specific powers, duties of representing the owner of the State's stake in State enterprises in accordance with the law.

2. Government agency career activities to serve the Mission of State government management or perform some public service features of important properties, that direct the Government to steer; made a number of specific powers, duties of representing the owner of the State's stake in State enterprises in accordance with the law.

Article 3. The heads of government agencies 1. The heads of government agencies is the head and leader of a government agency; responsible to the Prime Minister, ahead of the Government on the implementation of the functions, duties and powers of the Agency;

Government agency heads issued legal documents.

The signing of issued legal documents to implement state management for the problems in the industry, areas that government agencies are managed by the Prime Minister to decide.

2. Deputy Heads of government agencies who help steer heads some work and responsible to the heads of missions to be assigned. When the heads are absent, a deputy heads are the heads and leaders mandate the Agency's activities.

The number of Deputy Heads in every government agency no more than 3 people. Special case due to the Prime Minister to decide.

Article 4. General powers, duties 1. About strategies, programs, planning, planning: a) The Government, the Prime strategy, planning, programs, long term plans, five year and every year, the Agency's important projects; implementation of strategy, planning, program planning, after approval;

b) participated in the evaluation of proposals in important projects, professional service at the request of the Government, the Prime Minister;

c) investment project decisions under the authority prescribed by law.

2. Enactment, tutorial, testing and implementation of the standard rules, processes, professional service and technical-economic norms to be applied in organizations, units under the provisions of the law of governance for the sector, the field;

3. international cooperation: a) The Government of the Prime Minister, the negotiation, signing, accession, approval of international treaties in accordance with the law;

b) implementation of the international treaties as assigned by the Government, the Prime Minister;

c) implementation and examine the implementation of the program, the international project funded under the provisions of the law;

d) Election officers, public servants, officers administered and missions abroad under the plan for international cooperation;

DD) participated in the conferences, workshops, programs, and plans for international cooperation under the provisions of the law.

4. Decisions and steer the implementation of the administrative reform program according to the aim and content of the program of State administrative reform has been the Prime Minister for approval.

5. Instructions, check and responsible implementation of public service under the provisions of the law.

6. On the mode information, report: a) organize information, propaganda, popular political tasks, policies, and laws of the State in industry, the field was delivered;

mode b) make a report to the Prime Minister or the Minister of industry, management of areas specified by the Government.

7. About Organization and officers, public officials, government officials: a) The Government issued the Decree stipulates the functions, duties, powers and organizational structure of the Agency;

b) The Prime Minister decided on the new establishment, reorganization, dissolution of the Organization, the unit in the Agency's organizational structure;

c) functions, duties, powers, organizational structure and relationships the work of the Organization, the subdivisions;

d) process of appointing the Prime Minister, Deputy Heads in Government;

DD) appointed five years (expiry will proceed to appoint), dismissed the head of discipline, and the level of Deputy Heads of organizations and subdivisions as specified by law; regulatory authority and responsibilities of the head of the Organization, the subdivisions;

e) decisions and implementation of specific measures to strengthen discipline, discipline in administrative public servants jurisdiction; against corruption, waste and bureaucracy, the expression of bossy, right door in the Agency's activities;

g) organize the training, recruitment, training, use, operation, transfer, retirement, reward, discipline and other regimes for public servants and employees in the management authority in accordance with the law;

h) check the observance of the law, policies and tasks for the officers, servants, officers and employees in the management authority; complaints, accusations relating to officials and public servants jurisdiction under the provisions of the law.

8. financial management, assets: a) construction estimating the Agency's annual budget for submission to the competent State agencies as prescribed by law;

b) decided to examine the allocation, expenditure, responsible for settlement and has the right to adjust the extent of the financial expense levels approved to perform tasks but do not change the objective of the plan is;

c) make financial management accounting, as prescribed by law;

d) management and effective use of State assets.

Article 5. The Mission's own powers, some government bodies 1. Chairing or participating in drafting the projects of laws and ordinances and draft legal documents as assigned by the Government, the Prime Minister;

2. Organize the assessment, registration, licensing, certification, qualifications, rated the Organization and some other business under the provisions of the law;


3. test, inspection by industry, the field was assigned responsibility for the Organization and individuals in the implementation of the provisions of the law; recommendations to the Prime Minister, Ministers, heads of ministerial agencies, heads of government agencies, people's councils and people's committees of provinces and cities under central processor under the authority for those regulations by ministries, ministerial agencies, government agencies, the people's Council the people's Committee, the province, the city of centrally issued contrary to the laws and ordinances and other legal text about the industry, by sector authorities;

ư4. Made a number of specific powers, duties of representing the owner of the State's stake in State enterprises in accordance with the law;

The Government specifies the application of a number of tasks and powers regulated in this Decree regulated the functions, duties, powers and organizational structure of each agency in the Government.

Article 6. Organizational structure 1. Organizational structure of the Government Agency prescribed in clause 1 article 2 of this Decree are: a) Service, the Office of the Ombudsman,;

b) Department (not necessarily the Agency all have);

c) career institutions.

2. Organizational structure of the Government Agency prescribed in clause 2 of article 2 of this Decree are: a) the Board;

b) Office;

c) career institutions.

3. Principle the Organization and activities of the organizations in the Agency's organizational structure in Government: a) the institutions stipulated in paragraph 1 of this article applies the principles of organization and operation as for the organizations in the organizational structure of ministries, ministerial-level agencies in accordance with the article 16 , 17, 18, 19 and 21 of Decree 87/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

b) organization specified in point a of paragraph 2 of this Article have no room, no seals. Case it is necessary to set up the room in this organization, the Government will specified in Decree stipulates the functions, duties, powers and organizational structure of each agency in the Government;

c) Office of the Government Agency prescribed in clause 1 and 2 this seal; organizational structure of the Office can have the room.

4. The number of Heads of the institutions stipulated in clause 1 and 2 this is no more than 3 people.

Article 7. Modes of work and responsibility of government agency heads 1. Government agencies working under the heads mode, ensure the principle of democratic concentration;

2. Heads in the Government decided to enact the regulations work, modes of information, the report of the Agency and the direction, check the implementation of that regulation;

3. The Heads of government agencies responsible for the work of the Government, the Prime Minister assigned; responsible when there are defects to occur on management and corruption, bureaucracy, massive damage in the organization unit administered;

4. Government agency heads are responsible for reporting to the Government, the Prime Minister on the Organization and operation of his agency in charge and the implementation of the tasks assigned; the Prime Minister's opinion about matters beyond the jurisdiction; attend the sessions of the Government when the Prime Minister requests; in coordination with the Ministers, heads of ministerial agencies, heads of other government agencies, the central organ of the social-political organizations in solving the problems related to the functions, duties and powers; solve your suggestions, recommendations of the provincial people's Committee, the central city in accordance with the provisions on the functions, duties and powers assigned to it.

Article 8. Effect 1. This Decree takes effect after 15 days from the date The report.

2. Ministers, heads of ministerial agencies, heads of government agencies and the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.