Laws of Vietnam

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

Pursuant to Decree No. 15-CP of the 2nd of March 1993 of the Government on the Tasks, Powers and Responsibility in State Management of the Ministries and Agencies at Ministerial Level;

At the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel.

DECREES:

Article 1.- The Government Commission on Organization and Personnel is a Government agency which is to discharge the function of State management in the organization of the State apparatus and the contingent of State officials and employees, the establishment of mass and non-governmental organizations, the delineation of administrative boundaries and the archive of national documents.

Article 2.- The Government Commission on Organization and Personnel is to discharge the tasks and powers in State management of the ministries and agencies at ministerial level stipulated in Decree No. 15-CP of the 2nd of March 1993 of the Government, and the below-listed detailed tasks and powers:

1. To draft laws, ordinances and legal documents of the Government on the organizational structure of the State apparatus, the reform of the national administrative system, the contingent of State officials and employees, the establishment and operation of mass and non-governmental organizations, the delineation of administrative boundaries and the archive of national documents, for submission to the National Assembly or the Government for decision; to organize the implementation of the said laws, ordinances and legal documents after their adoption.

2. To draft plans on organizational structure of the Government and plans for establishment or dissolution of ministries or agencies at ministerial level for the Government to submit to the National Assembly.

To submit for Government decisions on the establishment, merger or dissolution of agencies attached to the Government.

To coordinate with ministries, agencies at ministerial level and agencies attached to the Government to submit for the Prime Minister's decision on the establishment of major State businesses under the management of the Central Government.

3. To evaluate and submit for Government decisions the tasks, powers and organizational structure of the ministries, agencies at ministerial level, agencies attached to the Government and the other organizations of State management which fall under the jurisdiction of the Government or the Prime Minister, and on the organizational structure and operation of the specialized agencies of the People's Committees of provinces and cities directly under the Central Government. To evaluate and make suggestions to the projects that the ministries, agencies at ministerial level and agencies attached to the Government submit to the National Assembly, the Standing Committee of the National Assembly, the Government or the Prime Minister, in matters concerning the organizational structure and personnel of the State apparatus. To make suggestions to the ministries, agencies at ministerial level and agencies attached to the Government in matters to be submitted to the Government for decision on delegating part of their tasks and State management duties to local People's Committees.

4. To evaluate and submit for the Prime Minister's decision plans allowing the establishment of mass and non-governmental organizations in compliance with law; to guide, monitor and control the establishment and operation of the mss and non-governmental organizations; and to make recommendations to the Prime Minister on matters concerning the establishment and operation of the mass and non-governmental organizations.

5. To submit for Government approval plans for personnel assignment, training and fostering State officials and employees and members of the People's Council, and of regulations on management and treatment policies and regimes for State officials and employees and officials at communes, urban wards and towns; and to organize the implementation of the decisions on these matters after their approval.

6. To submit for the Prime Minister's decision annual payroll plans and on personnel norms and quotas to be assigned to the ministries, agencies at ministerial level, agencies attached to the Government, the People's Committees of provinces and cities directly under the Central Government and the other agencies and organizations as stipulated by the Prime Minister, design regulation on payroll management; allocate personnel quotas; and keep statistics on officials and public employees throughout the country. To coordinate with the Ministry of Finance to manage the salary fund for officials and public employees.

To submit for Government approval the regulation on decentralized management of public employees. To issue the specifications and professional norms for officials and public employees, the regulation on personnel selection, new and refresher training and evaluation of officials and public employees. To maintain management over high-level public employees as provided for by the Government.

7. To submit for Government approval the principles and standards which serve as basis for the creation, merger, division and adjustment of territorial boundaries of the administrative units.

To submit for Government decision the creation, merger, division and adjustment of the territorial boundaries of the administrative units below the level of province and city directly under the Central Government; submit to the Government for submission to the National Assembly for decision on plans to create, merge, divide and adjust the territorial boundaries of provinces and cities directly under the Central Government, and to establish or dissolve special economic-administrative units.

To preside over or coordinate with the concerned agencies to assist the Government in solving issues arising from the adjustment of or disputes over administrative boundaries.

8. To assist the Government in directing the elections to the People's Councils and the People's Committees according to the provisions of law.

9. To build and manage the State archives and provide unified management over the stored national records and documents. Within its jurisdiction, to set professional norms for national archive work.

10. To conduct scientific research and international cooperation on organization of the State apparatus, reform of the national administrative system and the building of the contingent of officials and public employees.

11. To provide professional guidance and direction for organizational bodies at the ministries, agencies at ministerial level, agencies attached to the Government and People's Committees of provinces and cities directly under the Central Government.

12. To inspect and control State agencies, mass and social organizations and citizens in their observance of law and implementation of State policies in the areas within its jurisdiction.

Article 3.- The Government Commission on Organization and Personnel is composed of:

1. The Department of Local Administrations.

2. The Department of Organization.

3. The Department for Official and Public Employees.

4. The Department of Payroll and Salary.

5. The Department of International Cooperation.

6. The Department for Inspection and Law Enforcement.

7. The Department of Training.

8. The National Archives Department.

9. The Research Institute on State Organization.

10. The Office of the Commission (with representative offices in Ho Chi Minh City and Nha Trang City).

The tasks, powers, responsibilities and organizational and personnel structures of the above-said units shall be defined by the minister-Chairman of the Government commission on Organization and Personnel.

Article 4.- The organizational structure of the Commission at the central and local agencies:

1. Departments or Bureaus on Organization and Personnel at the ministries, agencies at ministerial level and agencies attached to the Government.

2. The Government Department on Organization at provinces and cities directly under the Central Government.

3. Bureaus or Sections on Organization at districts and provincial towns and cities.

Article 5.- This Decree takes effect as from the date of its issue. Decree No. 135-HDBT of the 7th of May 1990, of the Council of Ministers on the functions, tasks, powers and organizational structures of the Government Commission on Organization and Personnel and the other earlier provisions which are contrary to this Decree are now annulled.

Article 6.- The Minister-Chairman of the Government Commission on Organization and Personnel, the other Ministers, the Heads of agencies at ministerial level, the Heads of agencies attached to the Government, and the Presidents of the People's Committees of provinces and cities directly under the Central Government, are responsible for implementing this Decree.

On behalf of the Government

Prime Minister

VO VAN KIET