Chương III 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: Cơ cấu tổ chức của Bộ

Chapter III

ORGANIZATIONAL STRUCTURES OF MINISTRIES

Article 17. Organizational structure of a ministry

1. Organizational structure of a ministry consists of:

a/ Departments;

b/The Office;

c/ The Inspectorate;

d/ Bureaus/agencies/authorities (if any);

dd/ General departments (if any);

e/ Public non-business units.

2. Public non-business units shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of each ministry, including:

a/ Sector or field strategy and policy research units;

b/ Newspapers; journals; information centers;

c/ Schools or centers for training and retraining of cadres, civil servants and public employees; institutes of the ministry.

3. The number of deputy heads of the Office, the Inspectorate, a department, bureau/ agency/authority, general department or public non-business unit must comply with the Law on Organization of the Government.

Article 18. Departments of a ministry

1. A department is an institution of a ministry, functioning to give general or specialized advices on the state management of sectors or fields or advice on internal administration work of the ministry.

2. A department has no legal entity status, its own seal and account. The director of a department may only sign documents under the order of the Minister to guide, settle and notify professional issues related to the functions and tasks of his/her department.

3. No divisions may be organized within a department. For a department in charge of different working domains or affairs or performing a heavy workload, the ministry shall submit the Government for decision the number of divisions within the department in the decree defining the functions, tasks and powers and organizational structure of the ministry.

4. A department shall operate on the basis of headship regime combined with expert regime.

5. The establishment of a department must satisfy the following criteria (except the department advising on internal administration of the ministry):

a/ Having the function and task of advising on the state management of the sectors or fields within the functions and tasks of the ministry;

b/ Having management scope and objects within sectors or fields under the ministry’s management.

Article 19. The Office of a ministry

1. The Office is an institution of a ministry, functioning to give general advice on working programs and plans and serve operations of the ministry; and assist the Minister in summarizing, monitoring and urging institutions and units of the ministry to implement such programs and plans.

2. The Office shall perform tasks related to administrative, clerical and archival work; manage physical and technical foundations, assets and operation fund, and ensure working facilities and conditions; provide general services for operations of the ministry and its internal administration work; and perform other tasks prescribed by law or assigned by the Minister.

3. The Office may establish divisions suitable to its assigned tasks. The number of divisions of the office shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of the ministry.

4. The Office has its own seal; the chief of the office may sign administrative documents under the order of the Minister as assigned by the Minister; the chief of the office may sign documents on issues within the office’s competence and append the office’s seal on such documents.

Article 20. The Inspectorate of a ministry

1. The Inspectorate is an institution of a ministry, functioning to assist the Minister in the state management of inspection work; settling complaints and denunciations and preventing and combating corruption; and inspecting, settling complaints and denunciations and preventing and combating corruption in sectors or fields under the ministry’s state management in accordance with law.

2. Tasks and powers of the Inspectorate must comply with the law on inspection.

3. The Inspectorate has its own seal and account; and may establish professional divisions in accordance with law. The number of divisions shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of the ministry.

4. The chief inspector may sign administrative documents under the order of the Minister as assigned by the Minister and sanction administrative violations in accordance with the law on handling of administrative violations; the chief inspector may sign documents on issues within the Inspectorate’s competence and append the Inspectorate’s seal on such documents in accordance with the law on inspection.

Article 21. Bureaus/agencies/authorities of a ministry

1. A bureau/agency/authority is an institution of a ministry, functioning to give general advice and settle specific issues in one or several fields and assist the Minister in the state management and implementation of laws in sectors and fields under the ministry’s state management under the decentralization of powers or authorization by the Minister.

A ministry that manages physical and technical foundations in its central-to-local system may establish a bureau/agency/authority to perform internal administration.

2. A bureau/agency/authority has the legal entity status and its own seal and account; the director of a bureau/agency/authority may issue documents of specific application and documents providing professional guidance on the specialized sector or field under its management.

3. The establishment of a bureau/agency/authority must satisfy the following criteria:

a/ Having objects of management in the specialized sectors or fields under the ministry’s state management in accordance with specialized laws;

b/ Being decentralized or authorized by the Minister to decide on issues within the scope of state management of the specialized sectors or fields.

4. A bureau/agency/authority consists of:

a/ Divisions;

b/The Office;

c/ Sub-bureaus/sub-agencies/sub-authorities (if any);

d/ Public non-business units (if any).

The number of the institutions prescribed at Points a, b and c of this Clause shall be prescribed in the decree defining the functions, tasks and powers and organizational structure of the ministry.

Article 22. General departments of a ministry

1. A general department is an institution of a ministry, functioning to advise and assist the Minister in the state management and implementation of laws on large and complex specialized sectors or fields nationwide under the decentralization of powers or authorization by the Minister.

2. A general department has the legal entity status and its own seal and account. The general director may issue documents of specific application and documents providing professional guidance on the specialized sectors or fields under the general department’s management.

3. The establishment of a general department must satisfy the following criteria:

a/ Having objects of state management in the specialized sector or field which is large, complex and important to the socio-economic development;

b/ The specialized sector or field must be managed in a centralized and uniform manner at the central level;

c/ Being decentralized or authorized by the Minister to decide on issues within the scope of state management of the specialized sector or field;

4. The organizational structure of a general department consists of:

a/ Departments;

b/ The Office;

c/ Bureaus/agencies/authorities (if any);

d/ Public non-business units (if any).

The establishment of departments and bureaus/agencies/authorities of a general department must satisfy the criteria applicable to the establishment of departments and bureaus/agencies/authorities of a ministry. No divisions may be established within a department of a general department.

For a general department organized according to a professional hierarchy, the establishment of its departments and sub-bureaus/sub-agencies/sub-authorities of such departments (if any) in localities shall be prescribed in the decision defining the functions, tasks, powers and organizational structure of the general department.

Article 23. Public non-business units of a ministry

1. The establishment, reorganization and dissolution of a public non-business unit must comply with the Government’s regulations and specialized laws.

2. A public non-business unit has no state management function.

3. A public non-business unit enjoys autonomy in the performance of their tasks, organizational apparatus, personnel and finance in accordance with law.

4. A public non-business unit has the legal entity status, its own seal and account.