Chương 3 Nghị định 178/2007/NĐ-CP: Cơ cấu tổ chức của bộ

Chapter III

ORGANIZATIONAL STRUCTURES OF MINISTRIES

Article 15.- Organizational structure of a ministry

1. Organizations assisting the minister in performing the state management include:

a) Departments;

b) The Office;

c) The Inspectorate;

d) Bureaus;

e) General departments and the equivalent;

f) The ministry's representative offices in localities and overseas.

It is not necessary for ministries and ministerial-level agencies to be composed of all organizations defined at Points d, e and f of Clause 1 of this Article.

2. State-run non-business organizations attached to ministries

State-run non-business organizations specified in the decrees defining the functions, tasks, powers and organizational structures of ministries only include non-business organizations serving state management work and newspapers, magazines, and training and fostering establishments for ministries' public servants and employees.

For other existing non-business organizations already set up by competent authorities, a list of those organizations shall be submitted by ministers to the Prime Minister for promulgation.

3. The number of deputy-heads of a ministry-attached organization specified in Clauses 1 and 2 of this Article must not exceed three.

4. Departments, bureaus, general departments and the equivalent specialized in the branches or domains managed by ministries are specified in the decree defining the functions, tasks, powers and organizational structures of each ministry or ministerial-level agency.

Article 16.- Departments

1. Departments are set up as advisory bodies to assist ministers in performing the function of state management of branches or domains.

2. The establishment of departments complies with the requirements that a department is assigned to perform many closely-linked tasks and that a task is not assigned to more than one department within the same organizational structure of a ministry.

3. Sections in a department may be set up on the principle that a department is assigned to advise on and synthesize many relatively independent domains.

Departments allowed to set up sections are specified in the decrees defining the functions, tasks, powers and organizational structures of ministries.

4. Departments do not have their own seals; department heads are entitled to sign administrative documents related to professional activities managed by their departments and affix the ministry stamps under the ministers' orders.

Article 17.

1. A ministry offices functions to assist the minister in monitoring and urging attached organizations, agencies and units to implement the ministry's work programs and plans; and to sum up the implementation of the ministry's work programs and plans.

2. To organize the performance of administrative, clerical and archival work; to manage material and technical foundations, assets, operation fund, ensure working facilities and conditions; to provide general services for activities of the ministry and internal administration work.

3. To perform other tasks prescribed by law or assigned by the minister.

4. The ministry office may set up sections or equivalent organizations (below collectively referred to as sections) according to the working domains under its management.

5. The ministry office has its own seal for transactions; the director of the ministry office is entitled to sign administrative documents under the authorization or the order of the minister.

Article 18.- Ministry inspectorates

1. A ministry inspectorate is set up to assist the minister in performing administrative inspection and specialized inspection falling under the ministry’s state management in accordance with the law on inspection.

2. The ministry inspectorate may set up sections.

3. The ministry inspectorate has its own seal; the chief inspector is entitled to sign administrative documents under the authorization or the order of the minister and may handle administrative violations according to law.

Article 19.- Bureaus under ministries

1. Bureaus are set up to assist ministers in intensive and stable state management work and perform the tasks of state management of the branches or domains falling under the ministries' state management.

2. Subject to bureaus' management are organizations and individuals involved in activities related to specialized branches or domains and governed by laws on such branches or domains; the scope of bureaus' operation does not necessarily cover all provinces and centrally run cities.

3. The organizational structure of a bureau consists of:

a) Sections;

b) The Office;

c) Attached non-business organizations (if any).

Bureaus assigned to perform the tasks and powers of state management of branches or domains decentralized in a limited manner to localities may set up local sections. Those bureaus structured with local sections will be specified in the decrees defining the functions, tasks, powers and organizational structures of their ministries. When it is necessary to set up new bureaus, the branch-managing ministries shall report to the Prime Minister for permission and assignment to the ministers to decide on the establishment.

The establishment of inspectorate under bureaus for the performance of specialized inspection complies with the law on inspection.

4. Bureaus have the legal person status, bank accounts and own seals; bureau heads are entitled to issue documents of particular application, normative document applicable in their respective specialized branches or domains and may not issue legal documents.

5. The establishment of bureaus shall be based on their functions and tasks, follow the principle that they have their own subjects of specialized management in the branches or domains under the ministries' state management, and complies with the provisions of law.

Article 20.- General departments and equivalent organizations under ministries

1. General departments and the equivalent (below collectively referred to as general departments) are set up to assist ministers in intensive and stable state management work and perform the tasks of state management of large and complex branches or domains which cannot be decentralized or are decentralized in a limited manner to localities and fall under the ministries' state management.

2. Subject to a general department's management are organizations and individuals involved in activities related to specialized branches or domains and governed by laws on such branches or domains.

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

a) Departments;

b) The Office;

c) The Inspectorate;

d) Attached state-run non-business organizations.

For general departments organized and managed according to a professional hierarchy and requiring attached bureaus to be set up in localities, and general departments requiring attached bureaus with specialized management functions, the establishment of these attached bureaus shall be specified in decisions on the establishment and the regulations on functions, tasks, powers and organizational structures of such general departments.

4. General departments have the legal person status, own accounts and seals. General department heads are entitled to issue documents of particular application, internal normative documents and may not promulgate legal documents.

5. The establishment of general departments shall be based on their functions and tasks, follow the principle that they have their own subjects of specialized management in the branches or domains under the ministries' state management, and comply with the provisions of law.

Article 21.- State-run non-business organizations under ministries

1. The establishment of state-run non-business organizations under ministries aims to serve the ministries' state management tasks or to provide important and necessary public services to be undertaken by ministries.

State-run non-business organizations under ministries shall be set up only when the State has not yet transferred such public services to non-state organizations or such public services are not provided or cannot be provided by non-state organizations.

For branches or domains with their own plannings on networks of non-business organizations, which are already approved by competent authorities, the establishment of state-run non-business organizations must be in line with these plannings.

2. State-run non-business organizations do not have state management functions.

3. State-run non-business organizations enjoy autonomy and accountability for their tasks, organizational apparatuses, payrolls and finance as provided for by law and are subject to the state management by concerned ministries according to branches or domains.

4. State-run non-business organizations have the legal person status, own seals and accounts.