Chương 3 Nghị định 36/2012/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 the state management:

a/ Departments;

b/ The Ministry's office;

c/ The Ministry's inspectorate;

d/ Bureaus;

e/ General departments and equivalent organizations (below collectively referred to as general departments);

2. Non-business public units defined in the decree defining the functions, tasks and powers and organizational structure of each ministry:

a/ Branch or sector strategy and policy research units;

b/ Newspapers; journals; information or information technology center;

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

A minister shall submit to the Prime Minister for promulgation the list of other non-business public units of his/her ministry already established by competent authorities.

The number of deputy heads of an organization attached to a ministry referred to in Clauses 1, 2 and 3 of this Article must not exceed three.

Article 16. Departments of a ministry

1. Departments are organizations of a ministry, functioning to give general or specialized advice on state management of the branch or sector or on internal management work of the ministry.

2. Departments have no legal person status. Department directors may only sign documents as authorized by the minister to guide, settle and notify issues related to the professional functions and tasks of their departments.

3. Departments operate on the basis of an expert regime. A department in charge of different working aspects or affairs may establish sections; the number of sections of each department shall be specified in the decree defining the functions, tasks and powers and organizational structure of each ministry.

4. The establishment of a department must meet the following criteria:

a/ Having the function and task of advising on state management of the branch or sector within the function and task of the ministry;

b/ Having a scope and objects of management within the branch or sector.

The above criteria are not applicable to the establishment of departments to give advice on internal management work of a ministry.

Article 17. Ministry's office

1. A ministry's office is an organization of a ministry, functioning to give general advice on work programs and plans and serve activities of the ministry; control administrative procedures according to law; and assist the minister in summarizing, monitoring and urging organizations and units of the ministry to implement the ministry's approved work programs and plans.

2. A ministry's office shall perform administrative, clerical and archival work; manage physical and technical foundations, assets, operation fund, ensure working facilities and conditions; provide general services for activities of the ministry and its internal administration work; and perform other tasks prescribed by law or assigned by the minister.

3. A ministry's office may establish sections according to its assigned working areas.

4. A ministry's office has its own seal; the director of a ministry's office may sign administrative documents under the authorization or order of the minister.

Article 18. Ministry's inspectorate

1. A ministry's inspectorate is an organization of a ministry, assisting the minister in implementing the law on inspection; settling complaints and denunciations and preventing and combating corruption; and conducting administrative inspection of agencies, organizations, units and persons under the ministry's management; and conducting specialized inspection of agencies, organizations and persons operating in the branch or sector under the ministry's state management.

2. A ministry's inspectorate has its own seal and account; and may set up professional sections in accordance with the Inspection Law.

3. The chief inspector of a ministry may sign administrative documents under the authorization or order of the minister and may sanction administrative violations according to the law on handling of administrative violations.

Article 19. Bureaus of a ministry

1. A bureau is an organization of a ministry, functioning to advise and assist the minister in the state management of and implementation of laws on a specialized branch or sector under the ministry's state management under the decentralization or authorization by the minister.

A ministry that manages physical and technical foundations and major assets of its entire branch may set up a bureau to perform internal administration of the ministry.

2. Bureaus of a ministry are of only one type. A bureau has the legal person status and own seal and account; the director of a bureau may issue documents of specific application and documents providing professional guidance on the specialized branch or sector under the bureau's management.

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

a/ Having objects of management in the specialized branch or sector under the ministry's state management according to specialized laws;

b/ Being decentralized or authorized by the minister to decide on issues within the scope of state management of the specialized branch or sector;

c/ Organizing non-business activities and public services in the specialized branch or sector.

4. A bureau consists of:

a/ Sections;

b/ An office;

c/ Sub-bureau (if any);

d/ Non-business public units.

Article 20. General departments of a ministry

1. A general department is an organization of a ministry, functioning to advise and assist the minister in the state management of and implementation of laws on a major and complex specialized branch or sector nationwide under the decentralization or authorization by the minister.

2. A general department has the legal person status and own seal and account; the general director of a general department may issue documents of specific application and documents providing professional guidance on the specialized branch or sector under the general department's management.

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

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

b/ The specialized branch or sector must be managed in a centralized and uniform manner at the central level and its management is not decentralized or is decentralized in a limited manner to localities;

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

d/ Organizing non-business activities and public services in the specialized branch or sector.

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

a/ Departments;

b/ An office;

c/ Bureaus (if any);

d/ Non-business public units.

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

For a general department organized according to a professional hierarchy, the establishment of its bureaus and sub-bureaus in localities shall be provided in the decision defining the functions, tasks powers and organization of the general department.

Article 21. Non-business public units of a ministry

1. The establishment, re-organization and dissolution of non-business public units comply with the Government's regulations and specialized laws.

2. Non-business public units have no state management function.

3. Non-business public units 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 related ministries in each branch or sector.

4. Non-business public units have the legal person status, own seals and accounts.