DECREE

RELATING TO DUTIES, POWERS AND RESPONSIBILITIES FOR STATE MANGEMENT OF MINISTRIES, MINISTERIAL AGENCIES

THE GOVERNMENT

- Pursuant to the Law on Organization of the Government dated 30 September 1992 ;
- Pursuant to the Resolution of the Government at its 29 January 1993 Session ;
- To clearly define the Ministries and Ministerial agencies' duties, powers and responsibilities for State management over their branches and sectors,

DECREES

Chapter I.

GENERAL PROVISIONS

Article 1. Ministries and Ministerial agencies (hereunder collectively called Ministries) are Government agencies exercising State management over relevant branches of activities or sectors in the whole country.

...

...

...

Article 3. Ministers and Heads of Ministerial agencies (hereunder collectively called Ministers) are Cabinet members who as the Heads and Leaders of their Ministries, report to the Government Prime Minister and the National Assembly on the situation of branches and sectors under their charge.

Ministers shall exercise their State management over the relevant branches or sectors in the whole country in accordance with stipulations of Chapter 4 of the Law on Organization of the Government which are specified herein.

Vice Ministers and Deputies of Ministerial agencies (hereinafter called Vice Ministers) are assistants to Ministers and report to the Ministers for the supervisory works assigned.

The number of Vice Ministers of each Ministry shall be recommended by the relevant Minister for decision by the Government Prime Minister.

Article 4. The organizational structure of a Ministry is composed of :

1. Agencies assisting the Minister to exercise State management:

- Departments;

- Supervision Board ;

- Office.

...

...

...

2. Non-profit organizations under the Ministry:

The setting up of agencies assisting the Minister to exercise State management and the non-profit organizations under the Ministry shall be decided by the Prime Minister at the request of the relevant Minister and upon appraisal by the Cabinet Minister who is also the Chairmen of the Government Committee on Organization and Personnel .

Chapter II.

MINISTRY'S DUTIES, POWERS, AND RESPONSIBILITIES REGARDING ITS STATE MANAGEMENT OVER BRANCHES/SECTORS

Article 5. With regards to laws :

1. To submit to the Government draft laws, ordinances, other legal documents, and policies and initiatives on branch and sectarial management;

2. To promulgate decisions, instructions, and circulars directing, guiding and supervising the law compliance of relevant sectors, localities, grassroots units and citizens. The State shall ensure the uniform character and validity of legal documents in accordance with laws ;

3. To promulgate economic and technical standards, procedures, rules and norms within its authority ;

4. To issue or withdraw certificates or permits for use within the relevant branches/sectors in accordance with laws ;

...

...

...

Article 6. Planning/plans :

1.To submit to the Government planning, plans, strategies for branch and sector development on national scale and to guide relevant branches and sectors to implement the same upon approval by the Government ;

2. To submit to the Government for approval of programmes, projects in relations to the relevant branches and sectors, and to guide the implement whereof ;

3.To consider the approval or engage in the same of the establishment, dissolution of enterprises, non-profit organizations under the relevant branches and sectors in accordance with Government stipulations ;

4. To consider the approval or engage in the same of feasibility studies, designs and estimated costs of construction projects, programmes and research of the relevant branches and sectors in accordance with level allocation and State regulations on management;

5. To instruct and supervise the implementation of socio-economic tasks and non-profit activities assigned to the relevant branches and sectors.

Article 7. Finance :

1. To coordinate with the Finance Ministry and the State Planning Committee to work out and then submit to the Government the budget for the whole branch or sector in close relations with the socio-economic development plans ; targets set include those to be managed and implemented by the Ministry and others by sectors, localities:

a. With regards to the budget to be managed and implemented directly by the Ministry, upon receiving approval from the Government, the Minister shall have the right to allocate funds and oversee spending and shall be responsible for settlement thereof. In case of necessity, the Minister shall have the right to make detail adjustments within the total approved funds to implement the assigned duties provided that no change in the approved targets will occur. Any adjustment to be made by the Minister shall be notified to the Finance Ministry and the State Planning Committee;

...

...

...

2. To instruct and oversee units under Ministerial management to collect/pay tax(es) and make other payments to the State Budget.

3. To arrange the settlement of account, inspection, and assessment of the maintenance and utilization of funds and properties allocated /assigned by the State to the Ministry, non-profit organizations and enterprises under the Ministry.

Article 8. On organization and public employees :

1. To submit to the Prime Minister for approval the organization and list of standard titles of employees of the relevant branches, sectors ; and to organize the implementation whereof;

2. To submit to the Prime Minister for appointments, resignations and dismissals of Vice Ministers, General Department Heads (and a number of Department Heads), General Department Deputy Heads, and other posts that the Prime Minister may decide on as stipulated by the Government; for appointments, resignations, secondments, dismissals of Department Directors/Deputies, inspection Chief/Deputies and other equivalent posts.

Ministers shall, prior to appointments or dismissals of the Heads of the Ministry's specialized agencies, consult thereof with the President of the People's Committees of provinces or centrally-ruled cities where the agencies are located ;

3. To organize the provision of training or re-training to employees of the relevant branches, sectors ; to decide upon recruitment, employment, awards, penalties, pension schemes and other policies regarding for employees of organizations directly managed by the Ministry ;

4. To stipulate professional criteria of the Heads of branch, sector managing agencies belonging to the People's Committees of provinces or centrally-ruled cities (hereinafter called Provincial / Municipal Department Directors) upon agreement with the Cabinet Minister who is also Chairmen of the Government Committee on Organization and Personnel;

5. To agree on appointments, resignations and dismissals of Provincial/Municipal Department Directors for later approval by the Chairman of the relevant provinces or centrally-ruled cities. For Provincial/Municipal Department Directors in charge of various branches, the President of the People� Committee of the relevant provinces or centrally-ruled cities shall, upon consulting the relevant Ministries, decide on their appointments, resignations and dismissals. In cases of difference of opinion, the President of the People� Committee of the relevant provinces or centrally-ruled cities shall decide on appointments, dismissals, resignations and take responsibility for their decisions ;

...

...

...

Article 9. On international relations :

1.To submit to the Government the admission to international organizations; signing of, adherence to or endorsement of international treaties in relations to the relevant branches, sectors ; to organize and guide the implementation of plans for international cooperation, international treaties in accordance with Government stipulations ;

2. To engage in negotiation(s) or to negotiate with relevant foreign organizations as may be authorized in writing by the Prime Minister ;

3. To guide the implementation of internationally-funded programmes or projects (including bilateral and NGO aid) in accordance with stipulations of the Government and the Prime Minister ; to manage the invitation of foreign organizations, individuals to and their activities in Vietnam ; and to organize the sending overseas of Vietnamese officials on working missions ;

4. To organize, participate in international conferences, workshops in relation to the relevant branches, sectors upon receiving permits from the Prime Minister.

Article 10. Monitoring and supervision :

1.To guide and monitor the compliance with State laws and other legal documents relating to the branches, sectors of Ministries, Ministerial agencies, Government agencies, local People's Committees, economic organizations of various sectors, social organizations, citizens and foreigners in Vietnam ; such legal documents are issued by the Ministry ;

2. To organize and guide inspections in branches, sectors under the Ministry's charge ; to make conclusions on such inspections and decide on disciplines or administrative fines in accordance with laws.

The Minister in charge of the relevant branches, sectors shall have the right to petition counterparts in other Ministries, Ministerial or Government agencies to postpone the implementation of, amend to or abrogate stipulations promulgated by these agencies contrary to legal documents of the State or the petitioning Minister. Any disagreement with such petitions shall be referred by the petitioned agencies to the Prime Minister for decision.

...

...

...

The Minister shall be entitled to postpone the implementations of and request the Government Prime Minister to abrogate, stipulations promulgated by the People's Committees of provinces and centrally-ruled cities and their President but run counter to his/her Ministry's documents on its branches, sectors, and shall be responsible for the decisions on such postponement. The People's Committees of provinces or centrally-run cities shall implement all these decisions including those with which they do not agree, and shall be entitled to petition to the Prime Minister on such issue ;

3. To be mainly responsible for or engage in settlement of disputes relating to State management over branches, sectors under his/her charge ;

4. To settle citizens� claims, petitions or accusations within the Ministry's responsibility ;

5. To supervise and facilitate the activities of associations, non-Government organizations belonging to the relevant branches, sectors in compliance with the laws.

Ariticle 11. Ministries responsible for financial, planning management besides duties and powers mentioned above shall have the following additional duties and powers :

1.To build national strategies on socio-economic development for submission to the Government ;

2.To build national finance plans, budget balance plans and State Budget projections (including plans on external loan, and capital construction investment) ; to propose budget allocations and adjustments to branches, sectors, localities for submission to the Government ;

3. To monitor and supervise the implementation of State plans and budget by Ministries and localities ;

4. To submit to the Government Prime Minister for decision on the utilization of national reserve funds.

...

...

...

1. To submit to the Prime Minister for approval the establishment, split, merger, dissolution, or transfer of property titles of non-profit organizations ;

2. To set duties and allocate operation funds from the State Budget to units in accordance with the duties assigned to them ;

3. To guide, instruct, and supervise the fulfillment of duties, proper utilization of funds and properties allocated ;

4. To appoint, dismiss, reward or discipline heads and deputies of non-profit organizations and to manage staff in accordance with Government stipulations.

Article 13. In respect of State enterprises under the Ministry:

1. To decide upon the establishment or dissolution of any enterprise ;

2. To define orientation for production and business ;

3.To supervise their capital maintenance and utilization of properties compliance with relevant laws and policies ;

4. To decide on appointments of leading officials of the enterprises.

...

...

...

Chapter III.

WORKING SYSTEM AND RELATIONS OF MINISTRIES

Article 14.

1. The Ministries shall deliver to the National Assembly and its Standing Committee their reports at the request of the National Assembly ; and answer National Assembly deputies' questions on relevant issues ;

2. At the request of the Standing Committee, the Council of Nationalities and Commissions of the National Assembly, the Ministries shall be responsible for replying or presenting necessary documents to them ;

3. The Ministries shall be responsible for replying to the Nationality Council and Commissions of the National Assembly in 15 days at the latest from the day of petition receipt.

Article 15. The Ministries must comply with the leadership and instruction in the Prime Minister ; report to and ask to be instructed by the Government for settlement of issues beyond their assigned capacity ; be subject to Government inspection and supervision in respect of management tasks assigned by the Government. The Ministries are not permitted to refer issues which can be solved within their capacity to the Government or the Prime Minister.

Article 16.

1. The Ministries shall abide by regulations on State management within the authority of other Ministries and shall not promulgate documents contrary to stipulations by the Government, the Prime Minister or other Ministries ;

...

...

...

Issues referred by a Ministry to the Prime Minister in connection with other Ministries must contain the official comment in writing from the Ministries concerned. The Ministries to be consulted shall be responsible for giving answers in ten (10) days at the latest from the receipt of the relevant documents. A consulted Ministry shall be considered to consent if it fails to reply to the said documents.

Article 17.

1. The Ministries shall submit to the Government for approval the contents of State management to be exercised by the People's Committees of provinces and centrally-ruled cities over relevant branches, sectors upon reaching agreement with the Government Committee on Organization and Personnel; guide and inspect the People's Committees of provinces and centrally-ruled cities on the delegation of management of branches, sectors under their charge to the People's Committees of districts, communes and other equivalent administrative units ;

2. The Ministers must spend time on guiding and inspecting activities by the relevant branches, sectors and directly handling proposals by the People's Committees of provinces and centrally-ruled cities. If the Ministers authorize their Vice Minister to work on and settle proposals by the localities, then they shall be responsible for their Vice Minister�s decisions made under their authority.

Article 18. The Ministers are permitted to properly and fully exercise their powers to settle issues relating to their management of the relevant branches, sectors.

The Ministers shall only authorize their Vice Minister to settle issues within the Ministers' powers and shall be responsible for such authorization.

Article 19. The Ministries shall coordinate with the Trade Unions and other mass organizations in implementing their duties; and shall create favorable conditions for these organizations to run activities and participate in the design of the relevant systems and policies.

Chapter IV.

IMPLEMENTATION PROVISIONS

...

...

...

The Ministries shall base on this Decree to issue new Decrees or amend, supplement the same on the Ministers' duties, powers and State management responsibilities for submission to the Government for approval.

Article 21. Government agencies empowered to exercise State management over relevant branches, sectors in the whole country shall be entitled to duties and powers contained in Articles 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 18, and 19 herein.

This Decree does not apply non-profit organizations and economic organizations belonging to the Government.

Article 22. The Cabinet Minister who is also Chairmen of the Government Committee on Organization and Personnel shall guide and inspect the implementation of this Decree.

The Ministers, the Heads of Ministerial and Government agencies, and the President of the People's Committees of provinces and centrally-ruled cities shall be responsible for implementing this Decree.

...

...

...

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Vo Van Kiet
(This translation is for reference only)