Chương 2 Nghị định 15-CP: Nhiệm vụ, quyền hạn, trách nhiệm quản lý nhà nước của bộ đối với ngành, lĩnh vực

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 ;

5. To carry out legal information and education.

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;

b. With regards to the budget to be managed and implemented by the sector or locality, the Ministry shall monitor their implementation pursuant to the approved targets. In case of necessity, the Ministry shall together with the Finance Ministry and the State Planning Committee readjust the approved budget to ensure implementation of the set targets. Any readjustments resulting in a increase of budget disbursement and change of approved target must be submitted to the Prime Minister for decision.

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 ;

6. Ministers shall have the right to petition the Prime Minister to revoke the decisions taken by President of the People� Committee of provinces or centrally-ruled cities on the appointments, resignations and dismissals of Provincial/Municipal Department Directors if such appointments, resignations and dismissals failed to accord with stipulations herein.

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 may petition to the Prime Minister to postpone the implementation of resolutions passed by the People's Councils of provinces or centrally-ruled cities if such resolutions run counter to the legal documents issued by the State or relevant Ministry.

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.

Article 12. In respect of non-profit organizations under the Ministry:

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.

Details on duties and powers of Ministries in relation to State enterprises under their charge shall be defined by the Government Prime Minister.