Chapter II
TASKS AND POWERS OF MINISTRIES
Article 6. Regarding legal affairs
1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees of the Government under its annual law-making programs and plans, as well as resolutions, projects and schemes as assigned by the Government or Prime Minister.
2. To submit to the Government for comment draft laws and draft ordinances submitted to the National Assembly or National Assembly Standing Committee by agencies, organizations or National Assembly deputies which are related to sectors and fields under the ministries’ management.
3. To submit the Government for decision measures to organize the implementation the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the President as assigned by the Government or Prime Minister.
4. To submit to the Prime Minister draft decisions, directives and other documents as assigned.
5. To promulgate circulars and other documents on the state management of sectors or fields under their state management; to guide and inspect the implementation of such documents.
6. To promulgate joint circulars between them and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy to regulate their coordination in the performance of legal proceedings within the scope of their state management.
7. To direct and organize the law propagation, dissemination and education activities under their state management.
8. To examine legal documents promulgated by ministries, provincial-level People’s Councils and People’s Committees relevant to sectors and fields under their state management; if detecting that regulations promulgated by those agencies show signs of contravening legal documents concerning sectors or fields under their management, to propose the handling thereof in accordance with law.
Article 7. Regarding strategies, master plans and plans
1. To submit to the Government or Prime Minister long-term, medium-term and annual development strategies, master plans and plans as well as projects and works of national importance in sectors and fields under their management in accordance with law; to publicize approved strategies, master plans and plans (except those containing state secrets) and direct the implementation thereof.
2. To appraise the contents of pre-feasibility study and feasibility study reports on programs, projects and schemes in sectors and fields under their management; to approve and decide on investment projects within their competence in accordance with law.
Article 8. Regarding international cooperation
1. To submit to the Government for decision policies and measures to promote and expand relations with foreign countries and international organizations; the signing, ratification and approval of, or accession to, and measures to secure the implementation of, treaties in the name of the State or Government regarding the sectors or fields under their state management.
2. To negotiate and conclude treaties under authorization by competent state agencies and organize the implementation of plans on international cooperation and treaties to which Vietnam is a contracting party within their state management of relevant sectors or fields.
3. To join in international organizations as assigned by the Government; to conclude, and organize the implementation of, international agreements in their own name in accordance with law; to organize international cooperation in order to increase the effectiveness and efficiency of their operation.
Article 9. Regarding administrative reforms
1. To submit to the Government or Prime Minister for decision the decentralization of tasks of state management of sectors or fields to the local administrations.
2. To decide on decentralization of powers to, or authorization for, local administrations to perform one or several tasks and exercise one or several powers within their competence.
3. To decide on, and organize the implementation of, administrative reform plans, publicize administrative procedures in their sectors or fields; to decide on decentralization of powers to, or authorization for, its attached agencies and units to perform one or several tasks or exercise one or several powers within their competence.
4. To reform their organizational apparatuses to be more streamlined and rational and have fewer focal points, yet capable of fully embracing their functions, tasks and powers as assigned by the Government.
5. To renew working styles, modernize working offices, practice the civilized office culture and apply scientific research outcomes and technologies to their operation.
Article 10. Regarding the state management of public non-business services in sectors or fields
1. To submit to the Government for promulgation mechanisms and policies on the provision of public non-business services and the socialization of provision of public non- business services; and the autonomy mechanism applicable to public non-business units under their management.
2. To submit to the Prime Minister master plans on networks of public non-business units in sectors or fields; and a list of public non-business services funded by the state budget under their management.
3. To promulgate techno-economic norms for application in public non-business services; to provide the bidding, placement of orders and assignment of tasks for the provision of public non-business services under their management.
4. To provide criteria and standards of quality of public non-business services; mechanisms for quality supervision, assessment and inspection of public non-business services and operational effectiveness of public non-business units under their management.
5. To guide the implementation of policies and laws toward, and support, public non-business service providers in sectors and fields under their management in accordance with law.
Article 11. Regarding enterprises, cooperatives and other collective or private economic establishments
1. To submit to the Government for promulgation mechanisms and policies to encourage and support, and programs and strategies for orientation of, the development of enterprises and cooperatives and other collective or private economic establishments in all economic sectors in sectors and fields under their management.
2. To inspect the implementation of regulations on conditional business lines and services in accordance with law, and handle violations according to their competence.
Article 12. Regarding associations and non-governmental organizations
1. To recognize boards campaigning for the establishment of associations or non- governmental organizations that operate nationwide or within inter-provincial regions; to give written opinions to competent state agencies regarding the permission for the establishment, separation, splitting, merger, consolidation, dissolution, renaming and approval of charters, of associations or non-governmental organizations in accordance with law.
2. To guide and create conditions for associations and non-governmental organizations to participate in activities in sectors and fields under their state management.
3. To inspect and examine and handle violations of the law on associations in the sectors and fields under their state management or propose competent state agencies to handle such violations in accordance with law.
Article 13. Regarding organizational apparatuses, civil servant payrolls and number of non-business public employees
1. To submit to the Government for defining the functions, tasks, powers and organizational structures of the ministries and government-attached agencies under their management.
To submit to the Government for decision the establishment, reorganization and dissolution of general departments and equivalent bodies (below collectively referred to as general departments), departments, bureaus/agencies/authorities and equivalent bodies under ministries.
2. To submit to the Prime Minister for decision the establishment, reorganization and dissolution of public non-business units within the Prime Minister’s deciding competence; the functions, tasks, powers and organizational structures of general departments under ministries.
3. To decide on the establishment, reorganization and dissolution of public non- business units within their competence in accordance with law.
4. To guide the classification and rating of public non-business units in sectors and fields under their management.
5. To define the functions, tasks, powers and organizational structures of their departments, bureaus/agencies/authorities, inspectorates, offices and public non-business units; sub-bureaus/agencies/authorities and public non-business units under bureaus/agencies/authorities; departments, bureaus/agencies/authorities, offices and public non- business units under general departments in accordance with law.
6. To guide the functions, tasks, powers and organizational structures of specialized agencies of People’s Committees of provinces and centrally run cities and People’s Committees of districts, towns, provincial cities and minicipal cities in sectors and fields under their management.
7. To guide lists of working positions and rank-based structures of civil servants and professional title-based structures of public employees of agencies, organizations and public non-business units in assigned sectors and fields.
8. To decide on lists of working positions, professional title-based structures of public employees and the number of public employees on the basis of the assigned number of public employees of their public non-business units in accordance with law; to decide on the assignment of civil servant payrolls to their agencies and organizations.
Article 14. Regarding cadres, civil servants and public employees
1. To submit to the Prime Minister for decision the appointment, relief from duty, dismissal, permission for resignation or suspension from work of Deputy Ministers.
2. To provide professional standards of civil servant ranks, criteria for professional titles of public employees in sectors and fields under their management after reaching agreement with the Ministry of Home Affairs.
3. To provide criteria for leading and managerial titles of their agencies and units; to guide criteria for leading and managerial titles of specialized agencies of provincial-level People’s Committees.
4. To manage their cadres, civil servants, public employees and employees in accordance with law. To take specific measures to enhance the administrative discipline and order among their cadres, civil servants, public employees and employees; to practice thrift, combat waste and prevent and combat corruption, red tape and authoritarianism in their organizations and units.
5. To formulate, and organize the implementation of, plans on training and retraining of cadres, civil servants, public employees and workers, and the recruitment, employment, transfer, rotation, secondment, retirement, salary payment, commendation, rewarding and disciplining and other regulations applicable to their cadres, civil servants, public employees and workers in accordance with law.
Article 15. Regarding examination and inspection
1. To examine and inspect the implementation of policies and laws on sectors and fields under their state management.
2. To examine and inspect the ministries, government-attached agencies and People’s Committees at all levels in the implementation of laws on sectors and fields under their state management.
3. To settle complaints, denunciations and petitions of organizations and individuals related to sectors and fields under their state management; to receive citizens in accordance with law.
Article 16. Regarding financial and property management
1. To elaborate annual budget estimates and allocate, manage and finalize their annual budgets; to inspect the implementation of the budgets in their assigned sectors and fields according to the Law on the State Budget.
2. To coordinate with related agencies in elaborating regimes, standards and norms of budget expenditure in sectors and fields under their management.
3. To manage, and take responsibility for, state property assigned to them in accordance with to law.
Tìm kiếm
Nghị định 123/2016/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ (Bản Word)
Nghị định 123/2016/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ (Bản Pdf)