Decree 34/2017/ND-CP functions tasks powers organizational structure of the Ministry of Home Affairs

THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 34/2017/ND-CP

Hanoi, April 3, 2017

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF HOME AFFAIRS

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.

Article 1. Position and functions

The Ministry of Home Affairs is a governmental agency performing the function of state management of the following sectors and fields: state administrative and non-business organizations; local administrations, administrative boundaries; cadres, civil servants, public employees; training and retraining in administration and state management; associations, non-governmental organizations; emulation and commendation; religion; state records and archives; the youth, and state management of public services in the fields under its management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Home Affairs shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

  1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, draft decrees of the Government, and draft joint resolutions between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front under the Ministry’s approved annual lawmaking programs and plans, and projects, schemes, programs and resolutions assigned by the Government or Prime Minister; to submit to the Government or Prime Minister development strategies and master plans and long-term, medium-term and annual plans and important national projects and works in the sectors and fields under its management.
  2. To submit to the Prime Minister draft decisions, directives and other documents in the sectors and fields under its management or as assigned.
  3. To promulgate circulars, decisions, directives and other documents within the scope of the Ministry’s state management; to guide and inspect the implementation of these documents.
  4. To direct, guide, inspect and organize the implementation of legal documents, promulgated or approved development strategies and master plans and long-term, five-year and annual plans and important national projects and works under its management; to inform, disseminate and educate about laws within the scope of the Ministry’s state management.
  5. Regarding state administrative and non-business organizations:

a/ To submit to the Government schemes on the organizational structure of the Government according to the National Assembly’s terms; schemes and draft decrees of the Government on the establishment, merger, consolidation, division, separation and dissolution of ministries, ministerial-level agencies and government-attached agencies; draft decrees defining the organization of specialized agencies of People’s Committees; draft decrees prescribing the decentralization of management of the state administrative and non-business apparatus;

b/ To appraise the Government’s draft decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies; to appraise schemes on the establishment, merger, dissolution and reorganization of general departments and equivalent bodies, departments, bureaus and equivalent bodies which are submitted to the Government by ministries or ministerial-level agencies; to appraise the Prime Minister’s draft decisions defining the functions, tasks, powers and organizational structures of general departments and equivalent bodies attached to ministries or ministerial-level agencies; to appraise schemes and the Prime Minister’s draft decisions on the establishment, merger, dissolution and reorganization of state administrative and non- business organizations and inter-sectoral consultancy or coordination organizations which are submitted to the Prime Minister by ministries, ministerial-level agencies, government- attached agencies or People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees);

c/ To assume the prime responsibility for, and coordinate with the Government Office, ministries, ministerial-level agencies and government-attached agencies in, conducting final reviews of the Government’s draft decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or government-attached agencies before submitting them to the Prime Minister for signing and promulgation;

d/ To guide general criteria for classification and rating of state administrative and non-business organizations in accordance with law;

dd/ To guide and examine the review of the functions, tasks and powers of ministries, ministerial-level agencies and government-attached agencies; to summarize and report to the Government for decision adjustments to the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or government-attached agencies.

  1. Regarding local administrations:

a/ To submit to the Government for further submission to the National Assembly Standing Committee for promulgation documents on criteria and grading of administrative units; the establishment, dissolution, merger, separation, adjustment of boundaries of, and naming and renaming of administrative divisions, and settlement of disputes related to boundaries of administrative divisions;

b/ To appraise and propose the Prime Minister to approve results of election, relief of duty or removal from office of chairpersons and vice chairpersons of provincial-level People’s Committees; to propose the transfer or dismissal of chairpersons and vice chairpersons of provincial-level People’s Committees, and delegation of powers to chairpersons of provincial- level People’s Committees;

c/ To assist the Government and Prime Minister in guiding and inspecting activities of provincial-level People’s Councils in accordance with law; to attend periodical sessions of provincial-level People’s Councils and, when necessary, attend meetings of provincial- level People’s Committees to discuss the building of local administrations, management of boundaries of administrative divisions and whole-term and annual work programs of provincial-level People’s Committees;

d/ To assist the Government and Prime Minister in directing ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels to perform jobs related to election of deputies to the National Assembly and People’s Councils at all levels; to inspect and urge People’s Committees at all levels in implementing the election law and relevant guiding documents of the National Election Council and central agencies, and periodically report on election work to the Government and Prime Minister;

dd/ To assist the Government and Prime Minister in monitoring, guiding and inspecting People’s Committees at all levels in their organizational and operational methods; the performance of their tasks and exercise of their powers in accordance with the Law on Organization of Local Administrations and relevant legal documents;

e/ To submit to the Government or Prime Minister for promulgation, or promulgate according to its competence, documents on the numbers of, and entitlements and policies for, commune-level cadres and civil servants and part-timers in communes, villages and street quarters; to guide the organization and operation of villages and street quarters;

g/ To submit to the Prime Minister for promulgation documents on criteria, conditions and procedures for recognition of island communes, safety-zone communes and safety zones; to appraise and submit to the Prime Minister for recognition island communes, safety-zone communes and safety zones;

h/ To make statistics on the numbers and quality of People’s Council deputies and People’s Committee members at all levels, commune-level cadres and civil servants and part-timers in communes, villages and residential quarters; and the number and classification results of administrative divisions at all levels.

  1. Regarding administrative boundaries and classification of administrative divisions:

a/ To appraise and submit to the Government for further submission to the National Assembly or National Assembly Standing Committee schemes on the establishment, dissolution, merger, separation, adjustment of boundaries of, and naming and renaming of administrative divisions, and settlement of disputes related to boundaries of administrative divisions;

b/ To propose to the Prime Minister for decision the establishment of appraisal councils for schemes on the establishment, dissolution, merger, separation, adjustment of boundaries of administrative divisions at provincial level; to assume the prime responsibility for, and coordinate with related ministries and central agencies in, appraising schemes on the establishment, dissolution, merger, separation, adjustment of boundaries of administrative divisions at district and commune levels; to conduct surveys serving the appraisal of the above-said schemes;

c/ To propose to the Prime Minister the classification of provincial-level administrative divisions;

d/ To decide on the classification of district-level administrative divisions; to guide provincial-level People’s Committees in classifying commune-level administrative divisions;

dd/ To guide and inspect provincial-level People’s Committees and provincial-level Home Affairs Departments in implementing regulations on the establishment, dissolution, merger, separation, adjustment of boundaries of and naming and renaming of administrative divisions, and settlement of disputes related to boundaries of administrative divisions, and classification of administrative divisions;

e/ To submit to the Government or Prime Minister for promulgation, or promulgate according to its competence, documents on dossiers, procedures for, and the database of, management of boundary records of administrative divisions at all levels.

  1. Regarding payroll management and personnel streamlining:

a/ To submit to the Prime Minister for approval total civil servant payrolls, reserve civil servant payrolls, and overseas civil servant payrolls of ministries, ministerial-level agencies, government-attached agencies, Government- or Prime Minister-established organizations which are not public non-business units, and of provinces and centrally run cities;

b/ To appraise and submit to the Prime Minister for consideration and decision adjustments and additions to civil servant payrolls of ministries, ministerial-level agencies, government-attached agencies, Government- or Prime Minister-established organizations which are not public non-business units, or provincial-level People’s Committees within the reserve payroll annually approved by the Prime Minister;

c/ To decide on allocation of civil servant payrolls to each ministry, ministerial- level agency, government-attached agency, Government- or Prime Minister-established organization which is not a public non-business unit, and to each province or centrally run city after obtaining the Prime Minister’s approval;

d/ To decide on allocation of overseas civil servant payrolls to each ministry, ministerial- level agency and government-attached agency after obtaining the Prime Minister’s approval;

dd/ To decide on allocation of payrolls to associations of special nature operating nationwide;

e/ To adjust and add civil servant payrolls to each ministry, ministerial-level agency, government-attached agency, Government- or Prime Minister-established organization which is not a public non-business unit, or each provincial-level People’s Committee after obtaining the Prime Minister’s approval;

g/ To decide on the total number of employees of partially self-financed public non- business units or state budget-funded public non-business units of ministries, ministerial-level agencies, government-attached agencies, and Government- or Prime Minister-established organizations which are not public non-business units;

h/ To appraise the total number of employees of provincial-level People’s Committees’ partially self-financed public non-business units and state budget-funded public non- business units;

i/ To appraise target personnel of streamlining plans of ministries, ministerial-level agencies, government-attached agencies, Government- or Prime Minister-established organizations and provincial-level People’s Committees;

k/ To guide and inspect the management and use of civil servant payrolls, the number of employees of public non-business units and the personnel streamlining of ministries, ministerial-level agencies, government-attached agencies, Government- or Prime Minister- established and provincial-level People’s Committees;

l/ To sum up and report to the Government, Prime Minister and competent agencies on civil servant payrolls, the number of employees of public non-business units and the personnel streamlining of state agencies and public non-business units nationwide.

  1. Regarding state cadres, civil servants and public employees:

a/ To guide and inspect the implementation of masterplans on leading and managerial cadres, civil servants and public employees of ministries, ministerial-level agencies and government-attached agencies; to summarize and report to the Prime Minister on master plans on cadres, civil servants, public employees and other leading and managerial title holders under the Prime Minister’s competence; to guide and inspect the implementation of master plans, plans and programs on building the contingent of cadres, civil servants and public employees;

b/ To guide and inspect the implementation of regulations of the Government and Prime Minister on recruitment, employment, rank appointment, transfer and promotion, change of professional titles, assessment, appointment, re-appointment, transfer, rotation, secondment, cessation of holding of positions, resignation, relief of duty, disciplining, dismissal, retirement, ethics and public-relation culture of cadres, civil servants and public employees as well as other contents of management of cadres, civil servants and public employees in accordance with law; to uphold the principle of gender equality in accordance with law;

c/ To guide and inspect the implementation of the Government’s regulations on titles and criteria of leading and managerial cadres, civil servants and public employees from division deputy head or equivalent posts to deputy minister or equivalent posts of ministries, ministerial-level agencies and government-attached agencies; and from division deputy head or equivalent posts of district-level People’s Committees to provincial-level department director or equivalent posts of provincial-level People’s Committees;

d/ To define codes of civil servant ranks and professional titles of public employees; structures of civil servant ranks and professional title-based structure of public employees; professional standards of civil servant ranks, standards of public employees’ professional titles in the sectors under the Ministry’s management; management of records of cadres, civil servants and public employees; numeral signs, regulations on cards and card wearing of civil servants and public employees; and outfits of cadres and civil servants;

dd/ To give opinions on professional standards of civil servant ranks, standards of public employees’ professional titles in the sectors under the Ministry’s management for promulgation by ministries or ministerial-level agencies;

e/ To assume the prime responsibility for organizing examinations for promotion of civil servants from the specialist rank or equivalent to the principal-specialist rank or equivalent and from the principal specialist rank or equivalent to the senior-specialist rank or equivalent in state agencies and non-business units; to coordinate with the Party Central Committee’s Organizational Committee in organizing examinations for promotion of civil servants from the specialist rank or equivalent to the principal-specialist rank or equivalent and from the principal-specialist rank or equivalent to the senior-specialist rank or equivalent in agencies and non-business units of the Communist Party of Vietnam and socio-political organizations; to coordinate with ministries, ministerial-level agencies or government-attached agencies in organizing examinations for, or consideration of, promotion of professional titles of civil servants; to decide on appointment of senior-specialists or holders of equivalent professional titles according to its competence; to inspect and supervise the civil-servant rank promotion and change of professional titles of public employees;

g/ To appraise criteria, conditions, processes, formalities and personnel dossiers for cadre, civil-servant and public-employee titles and other leading and managerial titles to be decided and approved by the Prime Minister as prescribed by law;

h/ To implement policies for high-ranking officials as assigned and decentralized;

i/ To build and manage a national database on cadres, civil servants, public employees, commune-level cadres and civil servants, and cadres who are appointed by the Prime Minister; to organize the management of records of cadres, civil servants and public employees as decentralized;

k/ To guide, inspect and organize the implementation of the Government’s regulations on female official planning and source creation, and percentage of female officials for appointment to different titles in state agencies; to collect and synthesize national statistics on female officials.

  1. Regarding training and retraining of cadres, civil servants and public employees:

a/ To summarize, guide and inspect the implementation of domestic and overseas training and retraining schemes, programs and plans for cadres, civil servants and public employees, and commune-level cadres and civil servants and People’s Council deputies at all levels;

b/ To guide the Government’s regulations on organization of cadre and civil servant training and retraining institutions of ministries, ministerial-level agencies, government- attached agencies and provincial-level People’s Committees;

c/ To uniformly manage retraining programs on state management knowledge according to standards of civil servant ranks; retraining programs on state management knowledge before appointment to leading and managerial positions; retraining programs for People’s Council deputies at all levels and commune-level cadres and civil servants. To appraise retraining programs according to standards of public employees’ professional titles;

d/ To provide training and retraining in state management knowledge and skills for home-affairs cadres, civil servants and public employees; to assume the prime responsibility for training and retraining in state management knowledge and skills for People’s Council deputies at all levels and commune-level cadres and civil servants;

dd/ To guide and inspect the implementation of annual cadre, civil servant and public employee training and retraining programs after they are approved by competent authorities; to summarize and report to the Prime Minister on results of cadre, civil servant and public employee training and retraining;

e/ To formulate and promulgate, and guide, inspect and organize the implementation of, master plans on human resources for the home affairs sector; to train graduate and post- graduate human resources in the fields managed by the Ministry of Home Affairs;

g/ To retrain civil servants according to standards of senior-specialist rank and equivalent in party and state agencies and public non-business organizations in the political system and in enterprises; to retrain civil servants and public employees before they are appointed to leading and managerial positions according to its competence;

h/ To train and retrain lecturers, researchers and other subjects in administration and state management disciplines;

i/ To provide professional training and training in the sectors and fields under its management for cadres, civil servants and public employees.

  1. Regarding wage policies:

a/ To guide the implementation of regulations of the Government and Prime Minister on wage policies and regimes (minimum wages; wage tables; wage ranks and grades; allowance regimes; management of wages and incomes); other policies and regimes applicable to state cadres, civil servants and public employees from the central to commune level; wages for the armed forces and contractual employees in state agencies and non- business organizations;

b/ To guide the application of wage ranks and grades to public employees managing state enterprises; and persons working in the armed forces (army, public security and cipher, except non-commissioned officers and soldiers on definite-term service) when they are transferred, admitted or employed to work at state administrative or non-business agencies;

c/ To guide and inspect the implementation of policies and regimes on wages, allowances, cost-of-living allowances and bonuses for state cadres, civil servants, public employees, members of the armed forces and contractual employees in state administrative and non-business agencies; the wage grade raising for cadres, civil servants and public employees in accordance with law; and the application of wage coefficients to civil servant ranks or professional titles of public employees;

d/ To give opinions about wages, allowances and wage-based expenditures prescribed in the National Assembly Standing Committee’s draft resolutions, the Government’ draft decrees and the Prime Minister’s draft decisions on special finance regimes applicable to agencies and units for consideration and decision by competent authorities;

dd/ To act as the standing body of the Steering Committee for Research and Reform of State Wage Policies.

  1. Regarding associations and non-governmental organizations:

a/ To assist the Government in unifying the state management of associations, social funds, charity funds and domestic non-governmental organizations, and red cross activities in accordance with law;

b/ To guide the implementation of the Government’s regulations on the order of and procedures for the establishment, division, separation, merger, consolidation and dissolution, approval of the charters and licensing of associations, social funds, charity funds and domestic non-governmental organizations;

c/ To decide on the establishment, division, separation, merger, consolidation and dissolution; and approval of the charters and licensing of national or inter-provincial associations, social funds, charity funds and non-governmental organizations in accordance with law;

d/ To guide and inspect in accordance with law on associations, social funds, charity funds and non-governmental organizations in implementing legal provisions on associations and non-governmental organizations; and in implementing their charters;

dd/ To formulate and submit to competent state agencies for promulgation or promulgate according to its competence legal documents on red cross activities. To make statistics and reports on red cross activities;

e/ To participate in the state management of foreign non-governmental organizations;

g/ To conduct preliminary and final reviews of, and report to the Government or Prime Minister on, the management of associations, social funds, charity funds and domestic non- governmental organizations.

  1. Regarding emulation and commendation:

a/ To guide the implementation of the State’s and the Government’s regulations on emulation, emulation titles and emulation title criteria; forms of commendation, subjects eligible for commendation and commendation criteria; competence to decide on and confer rewards and commendation proposal procedures and dossiers; rights and obligations of commended persons and collectives; and handling of violations;

b/ To organize and guide the implementation of emulation movements and commendation policies of the Party and the State; to provide professional guidance on emulation and commendation work for different sectors and levels;

c/ To appraise commendation proposal dossiers submitted by agencies and organizations to the Prime Minister for decision or for further submission to the President for decision on commendation in accordance with law;

d/ To regulate the cancellation of commendation decisions, and the withdrawal, grant and change of rewards in kind under decisions of competent authorities. To take responsibility for preparing in-kind rewards accompanying different forms of commendation conferred by the President, the Government and the Prime Minister;

dd/ To mobilize financing sources for and manage and use the central emulation and commendation fund; to direct, guide and inspect the management of emulation and commendation funds of sectors and levels;

e/ To provide professional guidance to cadres, civil servants and public employees in charge of emulation and commendation work;

g/ To conduct preliminary and final reviews of, and conduct commendation under forms of commendation; to assess emulation and commendation work;

h/ To act as the standing body of the Central Emulation and Commendation Council.

  1. Regarding the state management of religion:

a/ To promulgate according to its competence or assume the prime responsibility for, and coordinate with ministries, sectors and central agencies of socio-political organizations and other related organizations in, advising and submitting to competent authorities for promulgation, and organizing the implementation of, policies and law on religion and the state management of religion;

b/ To provide professional guidance on the state management of religion for related sectors, levels and localities;

c/ To perform the unified management of the publishing of purely religious publications, books of rites, works, teaching documents and cultural products of licensed religious institutions;

d/ To guide religions to operate in accordance with law;

dd/ To implement and guide religious organizations, believers, clergy people and dignitaries in international cooperation on religious issues in accordance with law; to act as the coordinator for domestic and international religious organizations;

e/ To commend or propose competent authorities to commend and apply preferential treatment policies to religious organizations and individuals involved in religious activities.

  1. Regarding state records and archives:

a/ To formulate schemes and projects on records management, search for, collection, improvement, protection, preservation, insurance and use of archives and organize the implementation thereof after they are approved by competent authorities;

b/ To guide and inspect state agencies in implementing regulations on the state management of records, covering compilation and issuance of documents; management of documents, e-documents and other documents formed during the operation of agencies and organizations; to manage and use seals in records management;

c/ To guide and inspect agencies, organizations and individuals in implementing regulations on the state management of archives;

d/ To carry out professional activities of search for, collection, supplementation, improvement and valuation, protection, preservation and insurance of archives; to organize the declassification, publicization, introduction and use of archival documents preserved at national archives centers;

dd/ To perform the unified management of state records and archival statistics nationwide;

e/ To archive e-documents of state agencies which must be deposited in the national archive in accordance with law;

g/ To organize examinations and grand certificates of archival operation examination results; to manage and issue blank prints of archival practice certificate, and guide and inspect the management of provision of archival services; to make statistics on and review the grant of archival practice certificates nationwide.

  1. Regarding state administrative reform:

a/ To develop general programs, plans and schemes on state administrative reform in each period for submission to competent authorities for decision; to act as the Government’s standing body for administrative reform;

b/ To advise and propose the Government or the Prime Minister to decide on policies and solutions for stepping up state administrative reform;

c/ To assume the prime responsibility for implementing contents of organizational reform of the administrative apparatus and reform of official duties and civil servants;

d/ To guide and inspect ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in making and implementing annual plans for administrative reform and preparing annual budget estimates;

dd/ To verify objectives and contents of tasks in annual budget estimates for administrative reform of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees for sending to the Ministry of Planning and Investment and the Ministry of Finance for summarization and submission to the Prime Minister for approval as part of the annual state budget estimates of these agencies;

e/ To appraise pilot administrative reform plans which are prepared and submitted to the Prime Minister by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

g/ To guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in making quarterly, biannual and annual reports on administrative reform;

h/ To make quarterly, biannual and annual reports on administrative reform for presentation at government meetings;

i/ To assume the prime responsibility for developing, issuing, guiding and implementing a set of indicators for annual administrative reforms at ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

k/ To assume the prime responsibility for developing, issuing, guiding and applying indicators measuring the satisfaction of people and organizations with administrative services provided by state administrative agencies;

l/ To organize training for full-time administrative reform officials and civil servants in ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

m/ To assume the prime responsibility for public information work on administrative reform.

  1. Regarding implementation of the Regulation on grassroots democracy and mass mobilization work:

a/ To guide and inspect the implementation of the Regulation on grassroots democracy in communes, wards, townships, state administrative and non-business agencies and state enterprises in accordance with law;

b/ To guide, inspect, conduct preliminary and final reviews of the performance of mass mobilization work by state administrative agencies and local administrations.

  1. Regarding international cooperation:

a/ To guide the implementation of the Government’s and the Prime Minister’s regulations on the organization of international conferences and workshops related to the fields under the Ministry’s state management; to make periodical review reports on international conferences and workshops related to the fields under the Ministry’s state management;

b/ To manage and organize international cooperation in the fields under the Ministry’s state management as prescribed by the Government;

c/ To reach agreement with ministries, sectors and localities on organization of international and national conferences and workshops and conferences and workshops chaired by the Prime Minister or Deputy Prime Ministers which are related to contents and fields under the Ministry’s state management;

d/ To assume the prime responsibility for, and coordinate with related agencies in, official-duty cooperation with ASEAN countries.

  1. Regarding state management of youth affairs:

a/ To guide and inspect the implementation of legal documents, strategies and programs on youth development and youth affairs;

b/ To guide the incorporation of mechanisms and policies for the youth in master plans, plans and target programs of different levels and sectors;

c/ To conduct preliminary and final reviews of, and report to the Government or Prime Minister on, the implementation of the law on youth.

  1. To provide public services in the fields under the Ministry’s state management in accordance with law.
  2. To inspect and examine the implementation of policies and laws within the scope of the Ministry’s state management. To receive citizens, settle their complaints and denunciations, proposals and reports, prevent and combat corruption and crime in accordance with law.
  3. To assume the prime responsibility for, and coordinate with ministries and sectors in, responding to proposals of state agencies and socio-political organizations as assigned by the Government or Prime Minister.
  4. To guide and examine the permission for agencies and organizations to use seals, and the management and use of seals in accordance with law.
  5. To organize and direct the implementation of plans on scientific research and application of scientific research outcomes in the fields under the Ministry’s state management.
  6. To organize and direct the application of information technology and data and statistics in the fields under the Ministry’s management.
  7. To manage the organizational apparatus, payroll of civil servants, the number of public employees and the number of employees working under labor contracts; and administrative reform. To decide on the appointment, reappointment, transfer, rotation, resignation, relief from duty, secondment, commendation, disciplining, dismissal and retirement; to direct the implementation of wage regimes and preferential regimes and policies toward cadres, civil servants, public employees and employees under the Ministry’s management in accordance with the Party’s regulations and the State’s law; to decide on arrangement of full-time civil servants for party and mass organizations’ affairs; to organize professional training and retraining for cadres, civil servants, public employees and employees under the Ministry’s management.
  8. To manage the allocated finance and assets and organize the use of allocated budget funds in accordance with law.
  9. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister or prescribed by law.

Article 3. Organizational structure

  1. The Organization and Payroll Department.
  2. The Local Administrations Department.
  3. The Civil Servants and Public Employees Department.
  4. The Cadres, Civil Servant and Public Employee Training and Retraining Department.
  5. The Wage Department.
  6. The Non-Governmental Organizations Department.
  7. The Administrative Reform Department.
  8. The International Cooperation Department.
  9. The Legal Affairs Department.
  10. The Planning and Finance Department.
  11. The General Affairs Department.
  12. The Youth Affairs Department.
  13. The Organization and Personnel Department.
  14. The Inspectorate.
  15. The Office.
  16. The State Records Management and Archives Department of Vietnam.
  17. The Central Emulation and Commendation Committee.
  18. The Government Committee for Religious Affairs.
  19. The National Academy of Public Administration.
  20. The State Organization Science Institute.
  21. The State Organization Journal.
  22. The Information Center.

In this Article, the units referred to in Clauses 1 thru 18 are administrative units assisting the Minister in performing the state management function; and the units referred to in Clauses 19 thru 22 are non-business units serving the Ministry’s state management function.

The Minister of Home Affairs shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structures of the Central Emulation and Commendation Committee, Government Committee for Religious Affairs and National Academy of Public Administration and a list of other non-business units attached to the Ministry.

The Minister of Home Affairs shall define the functions, tasks, powers and organizational structures of units attached to the Ministry other than those referred to in Clauses 17, 18 and 19 of this Article; departments, offices and public non-business units attached to the Government Committee for Religious Affairs and Central Emulation and Commendation Committee; and public non-business units attached to the State Records Management and Archives Department of Vietnam.

The State Records Management and Archives Department of Vietnam may have 5 divisions and an office. The Inspectorate may have 3 divisions, and the Ministry’s Office, 8.

Article 4. Transitional provisions

  1. The Central Emulation and Commendation Committee, the Government Committee for Religious Affairs and the National Academy of Public Administration shall comply with the Prime Minister’s current decisions defining their functions, tasks, powers and organizational structures until the Prime Minister promulgates new decisions.
  2. The Cadres and Civil Servants Training School may perform its tasks until the Minister of Home Affairs completes the arrangement of its organization, personnel, finance and assets.

Article 5. Effect

  1. This Decree takes effect on the date of its signing.
  2. This Decree replaces the Government’s Decree No. 58/2014/ND-CPof June 16, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.

Article 6. Implementation responsibility

The Minister of Home Affairs, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc

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