Chương 1: Nghị định 37/2014/NĐ-CP quy định tổ chức cơ quan chuyên môn thuộc Ủy ban nhân dân huyện, quận, thị xã, thành phố thuộc tỉnh Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides the organization of specialized agencies under People’s Committees of districts, towns or provincial cities (below collectively referred to as district- level People’s Committees).

2. This Decree applies to specialized agencies under district-level People’s Committees, including divisions and divisional-level bodies (below collectively referred to as divisions).

3. This Decree does not apply to non-business organizations under district-level People’s Committees, subordinate central agencies, and agencies of departments and departmental- level agencies under provincial-level People’s Committees (below collectively referred to as departments) based in districts.

Article 2. Organization principles

1. Ensuring the full performance of state management functions and tasks of district- level People’s Committees and the uniformity and continuity in the management of sectors or working fields from central to grassroots level.

2. Organizing multi-sectoral and multi-field management divisions; ensuring streamlining, rationality and efficiency; it is not necessary to organize at the district level all organizations corresponding to the provincial level.

3. Ensuring suitability with each type of district-level administrative units and with natural conditions, population size and socio-economic conditions of each locality and satisfaction of state administrative reform requirements.

4. Ensuring no overlapping functions, tasks and powers with ministries’ or departments’ organizations based in districts.

Article 3. Position and functions

1. Specialized agencies under district-level People’s Committees shall perform the functions of advising and assisting district-level People’s Committees in the state management of sectors and fields in localities and a number of tasks and powers as authorized by district- level People’s Committees and as prescribed by law, ensuring uniform management of sectors or working fields in localities.

2. Specialized agencies under district-level People’s Committees shall submit to the direction and management of organization, working positions, payrolls of civil servants, structures of civil servant ranks and working activities by district-level People’s Committees and concurrently submit to the direction, examination and professional guidance by specialized agencies under provincial-level People’s Committees.

Article 4. Tasks and powers

1. To submit to district-level People’s Committees for promulgation decisions and directives; master plans as well as long-term, 5-year and annual plans; programs and measures to organize the performance of state administrative reform tasks assigned to them in the fields under their management.

2. To organize the implementation of legal documents, master plans and plans after they are approved; to publicize, disseminate and educate laws in the fields under their assigned management; and monitor the implementation of laws.

3. To assist district-level People’s Committees in, and take responsibility for, the appraisal, registration, and grant of licenses of all types within the scope of responsibilities and competence of specialized agencies in accordance with law and as assigned by district- level People’s Committees.

4. To assist district-level People’s Committees in performing the state management of collective and private economic organizations, and associations and non-governmental organizations operating in localities in the fields under the management of specialized agencies in accordance with law.

5. To provide professional guidance in the fields under their management for cadres and civil servants of communes, wards and townships (below collectively referred to as commune level).

6. To organize the application of scientific and technological advances; to develop information and storage systems serving state management work and professional tasks of district-level specialized agencies.

7. To periodically and extraordinarily inform and report on the performance of their assigned tasks according to regulations of district-level People’s Committees and line departments.

8. To examine organizations and individuals in implementing the provisions of law in the assigned sectors and fields; to settle complaints and denunciations; to prevent and fight corruption and waste in accordance with law and as assigned by district-level People’s Committees.

9. To manage organizational apparatuses, working positions, payrolls of civil servants, structures of civil servant ranks; to implement the salary regime as well as policies and regimes on preferential treatment, commendation, disciplining, and professional training and retraining of civil servants under their management in accordance with law and as assigned by district- level People’s Committees.

10. To manage, and take responsibility for, their finance in accordance with law and as assigned by district-level People’s Committees.

11. To perform other tasks as assigned by district-level People’ Committees or prescribed by law.

Article 5. Heads

1. The head of a specialized agency under the district-level People’s Committee (below referred to as the division’s head) shall take responsibility before the district-level People’s Committee and its chairperson and before law for the performance of the functions, tasks and powers of his/her division.

2. Deputy heads of a specialized agency under the district-level People’s Committee (below referred to as the division’s deputy heads) shall assist the division’s head in directing a number of working aspects and take responsibility before the division’s head for their assigned tasks. When the division’s head is absent, he/she shall authorize a deputy head to administer the division’s activities.

3. The number of deputy heads of a specialized agency under the district-level People’s Committee must not exceed 3.

4. The appointment, transfer, rotation, commendation, disciplining, relief from office, approval of resignation of, and implementation of regimes and policies toward, divisions’ heads and deputy heads shall be decided by chairpersons of district-level People’s Committees in accordance with law.

Article 6. Working regime and responsibilities of divisions’ heads

1. Specialized agencies under district-level People’s Committees shall work according to the single-boss regime and regulations of district-level People’s Committees, ensuring the principle of democratic centralism; and implement the information and reporting regime of specialized agencies under regulations.

2. Pursuant to law and as assigned by district-level People’s Committees, divisions’ heads shall elaborate working regulations and information and reporting regimes for their divisions and direct and examine the implementation of such regulations.

3. Divisions’ heads shall take responsibility before district-level People’s Committees and their chairpersons for the performance of functions, tasks and powers of their divisions and of the tasks assigned or authorized by district-level People’s Committees or their chairpersons. They shall practice thrift, combat waste and take responsibility for acts of corruption or waste causing damage in the organizations or units under their management.

4. Divisions’ heads shall report to district-level People’s Committees, chairpersons of district-level People’s Committees and line departments on the organization and operation of their divisions; present work reports upon request before district-level People’s Councils and People’s Committees, or before district-level People’s Committees of localities where People’s Councils are not organized on a pilot basis; coordinate with heads of district-level specialized agencies and socio-political organizations in settling matters related to their functions, tasks and powers.