The DECREE of the GOVERNMENT functions, tasks, powers and organizational structure of ministries, ministerial agencies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the Constitution of 1992 and resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress of the amendments and supplements to some articles of the Constitution of the Socialist Republic of Vietnam in 1992;

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

Bases the resolution of the regular government session in August 2002 No. 2002/NQ-CP dated 6 September 2002;

According to the recommendation of the Minister of the Interior, the DECREE: chapter I General provisions article 1. The scope and the object of this Decree stipulates adjustment functions, powers and organization of the ministries, ministerial agencies; modes of work and responsibilities of Ministers, heads of ministerial agencies.

Article 2. The position and function of ministries, ministerial-level agencies (hereinafter referred to as the Ministry) is the Agency of the Government, implement state management functions for the industry or field of work within the country; the governance of the public service in the industry, field; done represents the owner of the State's stake in State enterprises in accordance with the law.

Article 3. Ministers, heads of ministerial agencies Ministers, ministerial heads (hereinafter referred to as the Secretary) is a member of the Government, is head of a Ministry and leadership; responsible to the Prime Minister, before the National Assembly on the management of the industry sectors within the country; duties and powers prescribed in article 6, 23, 24, 25, 26, 27, 28 of the law on organization of the Government in 2001 and the specific provisions in this Decree.

Deputy Minister, Deputy Ministerial heads (hereinafter referred to as the Deputy Minister, who was the Secretary of the direction assignment work and responsible to the Minister on the task assigned. When a Minister is absent, a Deputy Minister leadership mandate the work of the Ministry.

The number of Deputy Minister in each no more than four people. Special case due to the Prime Minister to decide.

Chapter II the DUTIES and powers of the MINISTRY and the MINISTER article 4. Of the law 1. The Government expects the program building laws and ordinances; resolutions of the annual Government Decree at the request of the Ministry of State administration; responsible for implementing the program according to the approved plan and other projects as assigned by the Government;

2. The Prime Minister issued decision, the directive of the Prime Minister;

3. Promulgation of decisions, directives, circulars in the scope of the Ministry of State administration and instructions, check the enforcement of the text;

4. Direction and organization make the propaganda, education, dissemination of legal texts in the scope of the governance;

5. check the legal texts by the Ministry, the people's Council, the provincial people's Committee, the city of centrally issued, discovered the rules due to the body that issued the vires or contrary to the legal text about the industry, and the Ministry in charge of areas addressed by the provisions in clause 3 , 4, 5 article 13 of this Decree.

Article 5. About strategy, planning, plan 1. The Government strategy, development planning, long term plan, annual and five year, works in important sectors, the field;

2. Publicity strategy development plan, the plan after approval (except in matters of State secrets); the Organization directs and guides the implementation of the strategy, planning, planning;

3. The task of socio-economic, security-defence-related industry, the field of governance;

4. Evaluation scope in the governance of the Ministry about the content of the feasibility research report and feasibility study reports, programs, projects, projects in the sector, the sector of the Ministry; responsible for the content of the report, on the project by the Agency and the Organization of the Ministry; 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 of the negotiation, signing, joining international treaties on behalf of the State, on behalf of government departments, state management of the Ministry;

2. Implementation of the international treaties signed or joined in the State management sector of the Department;

3. The Government of the signing, joining approving international treaties and advocates, measures, expand relations with foreign countries, territories and international organizations in the scope of the governance;

4. The direction and implementation of international treaties and implementation measures have been approved by the Prime Minister;

5. Participation in international organizations as assigned by the Government;

6. implementation of the international cooperation sector, the field under the provisions of the law; allow the subdivisions, the Agency held by foreign central authority to license the Conference activities, international conferences have content related to the industry, the State management sector of the Department;

7. check the implementation of the program, funding international projects in the field of industry, due to The charge; directing and organizing the implementation of the program, the international project funded by the Ministry.

Article 7. About administrative reform 1. Decisions and steer the implementation of the programme of administrative reform Set by the objective and content of the overall program to reform State administration was approved by the Prime Minister;

2. The hierarchical scheme Government state management of the tasks Set for the local people's Committee and improve economic management institutions, social sectors, in the field of governance;

3. The decision and direct the implementation of the amendments, simplify administrative procedures, the modernization of administration within the Department of management.

Article 8. About performs represented the owner of the State's stake in State enterprises.

The representative made the owner of the State's stake in State enterprises in accordance with the law.

Article 9. About state management in the implementation of public service in the industry, the State management sector of the Department.

1. The Government enacted the policy mechanisms to encourage the development of public services;

2. The Prime Minister issued the conditions and standards established in the implementation of public service;

3. Promulgation of the technical-economic norms for public service by the authority;

4. Instructions and create conditions for the implementation of public service activities as prescribed by the law.

Article 10. On the governance of collective economic organizations and the private sector 1. The Government issued the policy mechanisms to encourage, support and direct the development of collective economy and private industry, state management of the Ministry;

2. Guide the implementation of mechanisms, policies to encourage, support and direct the development of collective economy and private industry, state management after being approved by the Government;

3. The Prime Minister promulgated model statutes for collective economic organizations in the industry, the field of governance; guidance on the Organization and operation for the complex;

4. application instructions, transfer of science and technology; support information, marketing and promotion for collective economic organizations and the private sector;

5. Construction of training mode, fostering management for collective economic organizations and the private sector;


6. The direction of the practical experience, replicate the patterns of economic activity.

Article 11. About the governance activities of non-governmental organizations in the industry, field operations in nationwide or the 1. The State management sector, the field has the task of rights a. guide facilitates Assembly, non-governmental organizations involved in activities in the industry, the field of State management of the Ministry in accordance with the law; the organisation of the poll, non-governmental organizations to improve the management of State regulation of the industry, the field;

b. check the implementation of the provisions of the State of the industry, the field for the society, non-governmental organizations; handle or propose competent State agencies handled the violates the law of the non-governmental organizations, in accordance with the law.

2. The Ministry of the Interior has the duty, authority: a. The Government order, the procedure established dissolve, approval of the Charter Conference, non-governmental organizations;

b. decide the establishment, dissolution, approved the Statute of the Association, non-governmental organizations;

c. Guide and check the implementation of the Charter for the Association, non-governmental organizations.

Article 12. About organization and officers, public officials, State officials.

1. The Government issued the Decree stipulates the functions, duties, powers and organizational structure of the Ministry;

2. The Government decided the establishment, dissolution, reorganization Of the Bureau of the Ministry;

3. The Prime Minister decides the establishment, dissolution, reorganization of the Service, Bureau, Inspector, Ministry and career organization functions, mission, organizational structure of the General Directorate of the Ministry;

4. The decision to establish another career organizations not under the control of the Government, the Prime Minister under the provisions of the law;

5. The appointment of the Prime Minister, the Deputy Minister dismissed, General Director of the Bureau of the Ministry, the Chief Inspector of the Ministry;

6. appointment, dismissal or discipline the Chief, Deputy Chief, Deputy Chief, Deputy Chief, Chief, Deputy Chief, Deputy Chief Inspector, Chief of the Organization and the career of the Ministry; regulatory authority and responsibilities of the head of the Organization of the Ministry; appointment duration to the aforesaid title is 5 years, most of the time it would conduct appointment back under the provisions of the law;

7. the functions, duties, powers, organizational structure of the Service, the Ombudsman, the Office of the Bureau, the Organization and the relationship of each organization, the regulation authority and responsibility of the head of the Ministry's structure in the Organization; plans and directs the implementation of the complete organization of the Ministry in case law, professional regulation Ordinance, the Government regulations about the function and duties of The Ombudsman;

8. Decision and implementation of specific measures to strengthen discipline, discipline in administrative civil servants, officers of the order, the fight against corruption, waste and bureaucracy, the expression of bossy, right door in the industry, the Minister in charge of the field;

9. Implementation the training, recruitment, training, use, operation, rotation of retirement, salary regime, reward, discipline and other regimes for public servants in the scope of the management in accordance with the law;

10. Issued or coordination issued professional standards, business head of specialized agencies in the provincial people's Committee, the central cities;

11. Build training plans, the fostering of professional service for officers, public servants in the State management sector of the Department.

Article 13. On inspection, the inspection 1. The Guide, check out the ministries, government agencies, people's Committee levels, economic organizations, social organizations, people's armed units, citizens and foreigners in Vietnam in the implementation of the law of the State, the legal text of the industry, by sector;

2. check the Ministry, government agencies and direct, guide, check out the people's Committee in implementing the mission, the work in the industry, the field of the Ministry;

3. test, inspection and recommendations to the Minister of industry in other areas of management to suspend the enforcement of or modify, annul the regulation by the Ministry which issued contrary to the legal text of the industry, the Minister in charge of the field; If the recipient was not unanimous recommendations, your Prime decided;

4. Examine, inspect, suspend the enforcement and suggested the Prime Minister to annul the regulation of the people's Committee of the provincial people's Committee Chairman, central cities as opposed to the legal text about the industry, and the Ministry in charge of sectors responsible for the decision to suspend it. In the case of the people's Committee of the central cities does not agree with the decision to suspend the enforcement of the Executive, but must still have the right to petition to the Prime Minister;

5. testing and recommendations to the Prime Minister to suspend the enforcement of the resolution of the Assembly of the people of the city, directly contrary to the legal text of the industry, the Minister in charge of the field;

6. Complaints, accusations of citizens and organizations, the citizen to present complaints, accusations, proposals, reflecting the industry-related state management of the Ministry in accordance with the law.

Article 14. Financial management, property 1. The Government estimates the annual budget of the Ministry;

2. For the financial planning due to The management directly and make after approval: Minister decided to allocate, examine the spending, responsible for settlement and has the right to regulate in detail the scope of the financial expense levels approved to perform tasks but do not change the objective of the plan is;

3. For the financial plan by the Ministry, local management to achieve its goal, the program was browsing in the industry, the State management sector of the Department: the Minister is responsible for checking the implementation of program objectives approved and coordinated with the Ministry of finance, the Ministry of planning and investment, adjust the details in the scope of the approved financial plan to protect make sure to make the target, the program proposed;

4. Performs financial management accounting, as prescribed by law;

5. Management and effective use of the assets of the State was entrusted to the Ministry.

Chapter III ORGANIZATION of the article 15. Organizational structure of the Department, including: 1. Service, Inspector, Office of the Ministry;

2. The Bureau, the General Department (not necessarily the feature Sets);

3. The organization of his career.

The number of Heads of Service, Inspector, Office of the Bureau, the General Department and held the career of not more than 3 people.

Article 16. Service 1. Service was organized to help the Chief Minister of the State management sector, the field towards a Service delivered more work, but a work not delivered for more Service.

2. Service does not have, does not have its own stamp.

Case it is necessary to set up in the Service Government decides specifically in the functions, duties, powers, organizational structure of the Ministry.

Article 17. The Office 1. The Office can function helps the Secretary General, the coordination of activities of the organizations under the program, a work plan and perform administration for the operation of The Agency.

2. Main tasks of The Office are as follows:


a) General construction work plan programs of both; monitor and urge the implementation of the program, the Department's work plan; periodic reports and the implementation of the tasks of the Ministry;

b) guide management organizations perform administrative, clerical, General archive Awards competition work of the Ministry;

c) formula testing and procedures in issuing the documents of the Ministry;

d) Help the Minister in providing information for the mass media, institutions and individuals;

DD) ensure discipline, order and discipline according to the rules of work of the Agency;

e) facilities management, ensuring the media and the working conditions of The Agency; asset management, funding the operation of The Agency.

Particular cases should be organized to perform this task, the Government will specified in the Decree on the functions, duties, powers, organizational structure of the Ministry.

3. Office of the seal; organizational structure of The Office can have the room.

Article 18. Inspector 1. The inspectors have the right to perform the inspection function in the scope of the governance provisions of the law on the Ombudsman.

2. Main tasks of The inspection are as follows: a) The Secretary of the program, the annual inspection plan; the Organization made after the Minister's approval;

b) inspection of the observance of the law by State agencies, economic and social institutions and citizens under the jurisdiction of the Ministry of State administration and handling of violations in accordance with the law;

c) inspected the implementation of legal policy tasks for the individual units of the Ministry;

d) helps to further the work of Ministers and citizens resolve complaints, accusations as prescribed by law.

3. Inspect The seal; organizational structure The Inspector can have the room.

Article 19. The Bureau under the Ministry of 1. The Department is organized to carry out the task State Management specialization within the governance of the Ministry; The Bureau issued the legal text;

2. The object of management is the Organization and individual activities related to specialized, subject to the terms of the specialized legislation; the scope of activities of the Bureau are not necessarily in all the provinces and cities under central;

3. The Bureau was established and subdivisions; The Bureau has a seal and a private account.

Article 20. General Directorate of the Ministry 1. The Directorate is organized to perform state management task specialization is not large, complex hierarchies for local direct by the charge and according to vertical systems from central to local in the country; The Directorate issued legal documents;

2. The object of Management Directorate is the Organization and individual activities related to specialized, subject to the terms of the specialized legislation;

3. Organizational structure of the Directorate include: the General Department and the Bureau in the Provincial Bureau at the district level (if any). The Agency Directorate consists of Office, Ban and subdivisions. The Directorate has a seal and a private account.

Article 21. The career of organization 1. The creation of organization of career to serve state management of the tasks or to perform some public services have characteristics, important qualities needed by the Ministry directly;

2. Organize a career no State management functionality.

3. career organization is autonomous and responsible organization, apparatus, payroll and finance in accordance with the law;

4. the celebrated seal career and private accounts.

Chapter IV the WORKING MODE and the RESPONSIBILITIES OF MINISTERS Article 22. Modes of work and responsibility of the Minister for The Minister 1 work as heads mode, ensure the principle of democratic concentration; the decision to enact the regulations work, modes of information, the report of the Ministry and other subdivisions; directing, inspecting the implementation of that regulation;

2. The Minister is responsible for the preparation to the Government, the Prime Minister decides the type of job in the industry, areas under the control of the Government, the Prime Minister;

3. The Minister is responsible for the quality, the content of the legal texts prepared by the Ministry; about performs strategic direction, planning, program development, plan the work of the Government, after the Prime Minister's approval, about the effectiveness of the projects, programs, and projects on the use of the resources of the Ministry;

4. the Ministers decided the work in the scope of management and responsible for those decisions;

5. The Minister is responsible for the work due to the direct management of the Ministry; vicarious responsibility about the work has decentralized to local authorities, but not the full implementation by the Ministry responsible for the instructions, inspection, Inspector to the crash, risky, disaster losses, major damage to the property of the State and people;

6. The Minister is responsible for implementing the right to represent the owner of the State's stake in State enterprises in accordance with the law;

7. The Minister responsible when there are defects to occur on management and corruption, bureaucracy, massive damage in Agency, unit administered by the Minister;

8. The Minister assigned to the Minister to resolve the issue under the authority of the Minister or Deputy Minister of work commissioned for and solve the local proposal, of the Ministry, the Minister is responsible for the decision of the Deputy Minister, be assigned or delegated.

Article 23. The Minister's responsibility for the Government, the Prime Minister 1. Full implementation of State management functions of the Ministry of industry, the field;

2. Do not move the issues in the jurisdiction of the up government or the Prime Minister; issued documents contrary to the provisions of the Government, the Prime Minister; the problems exceed the authority assigned to the Prime Minister's opinion;

3. collective Government of the Same institutional building process of the Assembly, the Committee of the National Assembly or Government decision issued by the authority;

4. Full participation of the Government session, participants decide the issues which the Government submitted to the National Assembly decision and the matter under the control of the Government;

5. Perform tasks as assigned by the Government, the Prime Minister;

6. The Minister subject to the test of the Prime Minister on the implementation of the tasks and powers assigned to the Government.

Article 24. The Minister's responsibility for other Ministers 1. Perform the State management regulations under the authority of other ministries; issued documents contrary to the provisions of the other Ministers;

2. Hosted, in cooperation with the Ministry to solve the problem of governance because The charge is related to the functions of the other; the case has a different opinion of the Prime Minister to decide.

3. The problems in legal texts by the Ministers of the Government, the Prime Minister has to involve The other, to have the opinion of that Minister in writing. The Ministers are responsible to consult the study answered in writing not more than 10 days from the receipt of the text, if The respondents did not answer comments regarded as agreed.

Article 25. The responsibility of the Minister for the people's Committee, the central cities


1. the people's Committee of direction made the goals, programs, planning, development plans, industry projects, the field has been approved; addressing the proposed recommendations of the people's Committee consistent with the provisions of the State management sector, the field;

2. Guide and direct the people's committees of professional service in the industry, by sector management;

3. Check the Chairman of people's Committee in implementing professional standards for heads of specialized agencies in the field, industry people Committee and requested the Chairman of the people Committee of the opinion in writing on the appointment, dismissal, reward, or discipline for the head of the Organization of the local central Article 26. The Minister's responsibility for the bodies of the Parliament, with deputies and with voters.

1. When the Committee of the National Assembly, the Council of the nation and the Congress's Committee asked the Minister is responsible for the presentation or provide the necessary documents; The Minister sent the legal text by themselves issued to the Council of the nation and the Congress's Committee according to the areas where the Council of the nation, the Committee in charge;

2. The Minister has the responsibility to respond to the recommendations of the Council of the nation and the Congress's Committee within the time limit of 15 days at the latest, from the date of the petition;

3. Ministers are responsible to answer to questions of the deputies and the recommendations of the electorate about the problems in the industry, the State management sector of the Department.

Article 27. The responsibility of the Minister for the social-political organization in the field of industry, Minister responsible for coordination with the heads of unions and other mass organizations while performing the duties of the Ministry; create conditions for the above mentioned activities, the organization participated in the build mode, the relevant policy.

Chapter V PROVISIONS Enacted 28. As for the General Directorate of the Ministry, government agencies when transferring to the Ministry To meet the objective of administrative reform, ensuring the consistency of the State administration, the General Directorate of the Ministry of government authority when transferring to the Ministry are organized according to the provisions of this Decree, but the appropriate steps.

Article 29. Effective enforcement of this Decree takes effect after 15 days from the date of signing. Abolition of Decree No. 15/CP dated 2 March 1993 the Government duties, powers and responsibilities of the State management, ministerial-level agencies.

Article 30. 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.