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Circular No. 05/2004/tt-Bnv: A Guide To The Functions, Duties And Powers Structure Specialized Agencies Help Manage People's Committee On Internal Affairs In Local

Original Language Title: Thông tư 05/2004/TT-BNV: Hướng dẫn chức năng, nhiệm vụ quyền hạn và cơ cấu tổ chức cơ quan chuyên môn giúp Uỷ ban nhân dân quản lý nhà nước về công tác nội vụ ở địa phương

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Circular functions, duties, powers and organizational structure specialized agencies help manage people's Committee on internal affairs in the local _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 45/2003/ND-CP on May 9, năm2003 of government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to decision No. 248/2003/QD-TTg dated 20 November 2003 from the Prime Minister's renaming the Organization the Administration Department of the people's Committee, the central city in the Department of the Interior;
The Interior Ministry of the General content of the functions, duties, powers and organization of specialized agencies to help the people's Committee of the State administration on work in local affairs as follows: 1. The Department of the Interior 1. The position and function of: 1.1. The Department of the Interior is the professional body of the provincial people's Committee, the central cities (hereafter referred to as the Department) staff functions and help the people's Committee of the State administration of civil service, covering the areas of: organizational administrative agencies, career local government organizations; administrative boundary; officers, public officials, government officials, civil servants, wards and towns; organizations and non-governmental organizations, the public services in the scope of management of the Department.
1.2. The Department of the Interior under the direction, management, staffing and organization of the work of the provincial people's Committee; at the same time subjected to steer, guide and the test of professional expertise of the Ministry of the Interior.
2. duties, powers: 2.1. The provincial people's Committee decision, the indication of the areas in the scope of management of the Department;
2.2. The people's Committee of planning, long term plan, annual and 5 year on the work of the Interior on the province.
2.3. Instructions, check and responsible implementation of these legal texts, the planning, the plan has been approved; information, advocacy, education, common law of the realm in the scope of management of the Department.
2.4. On the Organization of the Administration, the career: 2.4.1. The provincial people's Committee decided the hierarchy of management organization for district-level people's committees and professional bodies, business units in the people's committees at the same level;
2.4.2. The people's committees established scheme, merged, dissolved the provincial professional bodies, district level prescribed by the Government, the Prime Minister to provincial people's Committee of the people's Councils at the same level decided by the authority;
2.4.3. Evaluation and the provincial people's Committee established scheme, merged, dissolved the Organization the public service career to provincial people's Committee decided on the basis of the planning and hierarchy of competent State agencies;
2.4.4. Evaluation and the provincial people's Committee of the specified functions, duties, powers, organization of professional bodies, the Bureau in the specialized agencies and the public service Department of the people's Committee of management;
2.4.5. Hosted, in cooperation with the specialized agencies the same level people's committees guide the district level the functions, duties, powers and organization departments, business units in the district-level people's committees to manage;
2.4.6 appraisal or valuation engagement project established, abolished the State enterprises as assigned by the Chairman of the provincial people's Committee;
2.4.7. Hosted, in cooperation with the specialized agencies in the relevant manuals, examining the mechanism of autonomy, the responsibility of the business units in accordance with the law; in collaboration with the authorities of the province of the classification, the ratings agencies, units of the province.
2.5. Regarding the Organization of the Government of the province: 2.5.1. The people's Committee of the project on the establishment, merger, splitting, the adjustment of administrative divisions of the province the authority to review the decision;
2.5.2. people's committees Help research, guide, monitor the work of the Organization and functioning Government apparatus in the; in collaboration with the authorities of the province organize and guide the work of election of Deputies; organize and guide the work of the election of deputies to the people's Council in the province under the provisions of the laws and instructions of the central authorities; resolve the complaints of citizens about the implementation of the provisions of the legislation on elections; general election results report the people's Council, elected to the people's Committee and perform the procedure to the Committee of the Prime Minister, or President of the people's Committee to ratify the electoral title under the provisions of the law;
2.5.3. Do the clues help the people's Committee of management training legal knowledge; State management, administrative manager for the people's Council; number of statistical organizations, the quality of the people's Council, the people's Committee member to report aggregated according to the regulations.
2.6. impact on the administrative boundary: 2.6.1. The Organization implemented the principles of management, demarcation, adjust the administrative boundary of the province under the guidance of the Ministry of the Interior;
2.6.2. track, manage the administrative boundary in the province, prepare the procedure suggested the establishment of new, import, share, adjusted the administrative boundary, the upgrade of the town according to the regulations; the Guide and the implementation of State regulations on the establishment of new, import, share, adjust local administrative boundaries;
2.6.3. Do the clues to solve the problem of administrative boundary disputes under the provincial level;
2.6.4. The synthesis to the reporting authority the temple dispute administrative boundary of the province are also different opinions;
2.6.5. General and records management map boundaries, landmarks, only the administrative border of the province according to the guidelines and regulations of the Ministry of the Interior.
2.7. On public officers, employees of the Department: 2.7.1. The provincial people's Committee of the scheme: assigned, decentralized management of officers, public officials, State officials and civil servants; the policy of the regime of salary, allowances, subsidies and the other mode for officers, public officials, government officials, elected officials, labor contracts in the administrative, business units; use, reviews, appointment, appointment, resignation, resignation, transfer, reward, or discipline officers, servants, employees, turnover of the structure of administrative agencies under the administration of the provincial people's Committee under the provisions of the law and the guidelines of the Ministry of the Interior;
2.7.2. using the management administrative staffing, career;
2.7.2.1. Build people's Committee report and the plans of the local people's Committee of the people's Council decided at the same level of staffing and career through total administrative payroll before the Interior Ministry report;
2.7.2.2. The Chairman of the provincial people's Committee of the target interface approach administrative staffing, career to professional bodies in the same level people's committees and the people's committees at district level; implementation after approval;
2.7.2.3. payroll management guide for district-level people's committees, the professional body in the province people's Committee, the business units themselves guarantee the entire cost of operations and staffing norms of the business units are the State Affairs funds to implement some kind of security mechanism in public services or funding operations by form the norm only according to the workload;

2.7.3. Help People Management Committee officers, public officials, government officials, civil servants, officers, Ward, (hereinafter referred to as officers, civil servants and social), reserve officer; construction planning, training plans, staff training, public officials, government officials, civil servants, civil servants reserve township level; help the unified province people's Committee to manage and implement the plan after it is approved by the provincial people's Committee; instructions and check the examination, layout, arrangement, policy, the regime for civil servants social;
2.7.4. The Chairman of the provincial people's Committee decision or decide to follow the layout hierarchy using, reviews, appointment, appointment, transfer, reward, discipline and other policy regimes for officers, public officials, State officials in an people's Committee of management;
2.7.5. The guide, check the implementation of the provisions of the title, standard; organize examination, grade, whether the transfer of public servants, building public structures in the unit in the following provisions;
2.8. The people's Committee of the program, measures the organization performs the tasks of State administration reform in the province; do permanent people's committees to help steer and implement the overall program to reform the administration of the province's Government.
2.9. About Organization and non-governmental organizations in the province: 2.9.1. Evaluation and the Chairman of the provincial people's Committee decision under the Authority enables the establishment, dissolution, approved the Statute of the Association, non-governmental organizations in the province under the provisions;
2.9.2. Instructions, inspection and the provincial people's Committee handling under the Authority implementing the Charter for the Association, non-governmental organizations in the province.
2.10. Perform international cooperation on civil service and according to the assigned work according to the provisions of the law and of the provincial people's Committee.
2.11. To perform the test, the Ombudsman addressed, complain, report, corrupt, negative modals and handle breach of the law on the areas of the work of the people's Committee were delivered under the địnhcủa law.
2.12. professional instructions on internal affairs with regard to the administrative offices, the business units in the people's committees, districts, communes. Help people's committees implement state management functions according to the assigned work for the institutions of the central ministries and other local offices in the province.
2.13. General statistics, under the guidance of the Ministry of Internal Affairs of the Organization of the administrative organs, career; the number of administrative districts, communes, villages and a hamlet; the number, quality of staff, public officials, government officials, civil servants social; guide the implementation of decentralized records management officers and public officials as provided by law.
2.14. research organizations, the application of scientific progress; construction of the information system, store, provide data on the management and professional service.
2.15. Directs and guides the Organization the public service activities in the field of the work assigned.
2.16. The periodic report information and essential implementation tasks are delegated in accordance with the provincial people's Committee and the Interior Ministry.
2.17. organizational management, payroll, salary mode of implementation policies, policies, reward, reasoning, training and fostering of professional expertise for public servants in the Department according to the regulations.
2.18. the financial management, the property of the Department under the provisions of the law and the hierarchy of people's committees.
2.19. Perform other duties assigned by the provincial people's Committee.
3. the structure and staffing of the Department of the Interior: 3.1. Head: 3.1.1. Interior Department Directors and not more than 3 Associate Director, Managing Director and head of Department, responsible to the provincial people's Committee of the whole of the activities of the Department of the Interior. The Director of the Department of the Interior by the Chairman of the provincial people's Committee appointed, dismissed by standard title, by the Minister of the Interior issued and according to regulations of the State party, on the management cadre;
3.1.2. The Deputy Director of the Department's Director, in charge of one or some sectors the work assigned by the Director and responsible to the Director of the assigned work duties. Deputy Director by the Chairman of the provincial people's Committee appointed or dismissed by the Director of the Department.
3.2. the organizational structure of the Department: 3.2.1. The Office;
3.2.2. The Inspector;
3.2.3. The departments and services;
3.2.4. The business units in the Department.
Base and volume of work, nature and characteristics of the management of internal affairs local, particular Interior Department Director the Chairman of people's Committee decided to name specific and the number of rooms to professional expertise, encompassing about: Organization Payroll, payroll; construction of the Government; officers, servants, employees, officers; training, fostering, administrative officer ... under the direction of administrative reform, streamlined and practical; but khôngquá 4 rooms; for the central cities not exceeding 5 rooms.
The business units owned by the Chairman of the provincial people's Committee decided in accordance with the law.
Director of Department of Interior functions, duties and powers of the Department.
3.3. the staffing of the Department of the Interior.
3.3.1. Based on the volume, nature and specific characteristics internal affairs in the Interior Department Director, the Chairman of the provincial people's Committee decision on staffing of the Department.
3.3.2. The deployment of officers, civil servants, officers of the Department are based on the title, structure, criteria for categories of public officials, State officials, according to the regulations.
II. On the specialized agencies to help the people's Committee of the district, County, town, and city in the State management of internal affairs.
1. location and function.
1.1. the people's Committee of the district, County, city, town in the province (hereinafter referred to as the district) are professional bodies to help the district people's Committee to implement state management functionality of the interior work on the area under the provisions of the law. The establishment and the name of the room by the provincial people's Committee decided to follow the Government's rules.
1.2. Specialized agencies have functions to manage internal affairs at the district level under the comprehensive management, directly by the district people's Committee, and subject to the direction, professional guide service of the Interior Department.
2. duties and powers.
2.1. The people's Committee of the District of the guidance documents on the work of local affairs and implementing organizations under the provisions of the provincial people's Committee, the Department of the Interior and the Ministry of the Interior;
2.2. The people's Committee of the district annual and 5 year plan, about internal affairs, administrative reform plans; guidelines and test the implementation after it is approved.
2.3. The organization conducted the election of Deputies, deputies to the people's Council according to the assignment of district people's Committee and the guidance of the provincial people's Committee.
2.4. The district people's Committee functions, tasks, powers, organisation specific to the professional body of the district according to the instructions of the provincial people's Committee.
2.5. Help people manage District Committee of the Organization, staffing, wages according to the hierarchy of people's committees and the rule of law.
2.6. The district people's Committee-established scheme, type, Division, adjust the administrative boundary to the district people's Committee of the people's Councils at the same level through before the upper level review decision. Is responsible for records management, milestone, just about, map administrative boundary of the district.

2.7. implementing organizations, the application of scientific progress in the work on the Interior.
2.8. implementation of statistical work, information, reports and periodic reviews of the situation, the results of local affairs to the Chairman of the district people's Committee and the Director of the Department of the Interior.
2.9. Assist district people's Committee resolved complaints, accusations, disputes over internal affairs.
2.10. Perform other duties as assigned by the district people's Committee.
3. Organization and staffing.
3.1. The base characteristics and the specific local situation, the Director of the Department of the interior building schemes the provincial people's Committee decided to form the Organization of specialized agencies as prescribed by law.
3.2. the Agency's payroll expertise on internal affairs in the district due to the Chairman of the district people's Committee in the decision of the district administrative payroll by the Chairman of the provincial people's Committee.
III. duties and powers of Internal Affairs Committee of the people's communes, wards and towns people's Committee specifies the duties and powers of the people's Committee of the communes, wards and towns of Internal Affairs on the basis of the provisions of the law according to the recommendations of the Director of the Department of the Interior.
IV. Implementation 1. This circular replaces circular No. 121/TCCP-TC on 14 June 1999 of the Organization-Government officers (now Ministry of the Interior) and have effect after 15 days from the date The report.
2. The Chairman of the provincial people's Committee pursuant to this circular functions, tasks, powers and organizational structure of the Department of the Interior; directing and inspect the implementation of the functions, powers and organization of specialized agencies to help the district people's Committee in the province.
3. During implementation of this circular, if there are problems or difficult obstacles, suggested the province reflects on the Interior Ministry to consider, resolve./.