GOVERNMENT OF
VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
No. 25/2025/ND-CP |
Hanoi, February 21, 2025 |
DECREE
On functions, tasks, powers and organizational structure of Ministry of Home Affairs of Vietnam
Pursuant to the Law on Government Organization dated February 18, 2025;
At the request of the Minister of Home Affairs;
The Government hereby promulgates a Decree on functions, tasks, powers and organizational structure of the Ministry of Home Affairs of Vietnam.
Article 1. Position and functions
The Ministry of Home Affairs is a governmental agency performing the state management of the following fields and sectors: State administrative agencies; local governments; officials, public employees, and civil service matters; labour and salary, social insurance; employment; occupational safety and hygiene; associations, social funds, charitable funds, non-governmental organizations; people with meritorious services; the youth; gender equality; state records and archives; emulation and commendation and state management of public services rendered in the fields and sectors under the Ministry's state management as prescribed by law.
Article 2. Tasks and powers
The Ministry of Home Affairs of Vietnam shall perform its tasks and powers in accordance with the Law on Government Organization, the Government's provisions on functions, tasks, powers and organizational structures of ministries, ministerial agencies and the following specific tasks and powers:
1. Submit the following documents to the Government: bills, draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees and resolutions of the Government according to the Ministry 's approved annual legislative programs and plans, and projects, schemes, programs and resolutions as assigned by the Government or the Prime Minister; submit annual, medium-term and long-term development plans, strategies or planning and projects or works of national importance in the fields and sectors under the Ministry's state management.
2. Submit the following documents to the Government: draft decisions, draft directives, national target programs, national programs, national action programs and other documents in the fields and sectors under the Ministry’s state management or as assigned.
3. Promulgate circulars, decisions, directives and other documents under the Ministry’s state management.
4. Direct, instruct and organize the performance of functions and tasks, implementation of legislative documents, strategies, master plans, plans, national target programs, national programs, national action programs, schemes, projects or works of national importance after they have been approved; disseminate information on and educate about laws in the fields and sectors under the Ministry’s state management.
5. Regarding state administrative agencies:
a) Submit the following documents to the Government: schemes for term of the National Assembly-based organizational structure of the Government; schemes for establishment, merger, consolidation, full division, partial division or dissolution of ministries, ministerial agencies, or Governmental agencies; draft decrees on organization of specialized agencies affiliated to the People's Committees of central-affiliated cities or provinces (hereinafter referred to as “provinces”), the People's Committees of rural districts, urban districts, district-level towns, district-level cities (hereinafter referred to as “districts”);
b) Appraise the Government’s draft decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial agencies and governmental agencies; the Prime Minister’s draft decisions defining the functions, tasks, powers and organizational structures of organizations under the authority to make decisions by the Prime Minister; the Prime Minister’s schemes and draft decisions on establishment, restructuring or dissolution of state administrative agencies, public service providers and interdisciplinary consulting or cooperating organizations which are submitted by ministries, ministerial agencies, governmental agencies or provincial-level People's Committees to the Prime Minister;
c) Take charge and cooperate with the Office of the Government and relevant ministries, ministerial agencies and governmental agencies in making final reviews of the Government’s draft decrees on functions, tasks, powers and organizational structures of ministries, ministerial agencies and governmental agencies before they are submitted to the Prime Minister for his signing and promulgation;
d) Provide guidelines for review of functions, tasks, powers and organizational structures of ministries, ministerial agencies and governmental agencies; prepare and submit consolidated reports to the Government for issuing decisions on modification of functions, tasks, powers and organizational structures of ministries, ministerial agencies and governmental agencies;
dd) Provide guidelines for ranking of public service providers as prescribed by law.
6. Regarding local governments:
a) Provide advice for and assist the Government and the Prime Minister in directing the election of deputies to the National Assembly and deputies to the People's Councils at all levels; instruct and expedite the People's Committees at all levels to implement regulations of law on election, guiding documents of the National election council and central authorities; submit reports to the Government and the Prime Minister in accordance with regulations on election affairs;
b) Assist the Government and the Prime Minister in instructing and inspecting operations of the People's Councils; direct, instruct and inspect operations of the People's Committees in accordance with regulations of law; attend meetings of the provincial-level People's Councils and People's Committees on development of local governments and management of administrative boundaries;
c) Appraise and submit the following documents to the Prime Minister: applications for approval of results of election, dismissal and discharge of chairpersons/deputy chairpersons of the district-level People’s Committees; requests for assignment or dismissal of chairpersons/deputy chairpersons of the district-level People’s Committees, and grant of powers to chairpersons of the district-level People’s Committees;
d) Propose documents on commune-level officials, part-time officials of communes and neighbourhoods; instructions on organization and operations of hamlets and residential quarters to the Government or Prime Minister for promulgation or promulgate these documents within the Ministry's jurisdiction;
dd) Propose documents on criteria, requirements, and procedures for recognition of island communes, liberated communes and liberated regions for military purposes; take charge and cooperate with relevant ministries and authorities in appraising and requesting the Prime Minister to issue decisions on recognition of island communes, safe communes and safe zones for military purposes.
7. Regarding administrative boundaries and classification of administrative divisions:
a) Submit documents stipulating standards of administrative divisions, classification of administrative divisions, naming and renaming of administrative divisions to the Government for its submission to the Standing Committee of National Assembly for promulgation;
b) Propose establishment, dissolution, merger, division or adjustment of administrative boundaries; naming, renaming and settlement of overlapping areas without clear administrative boundaries between administrative divisions at all levels to the Government for submission to the National Assembly or the Standing Committee of National Assembly for consideration and decision;
c) Propose documents on rules, required documents and procedures for determination of administrative boundaries, and preparation and management of records of boundaries of administrative divisions at all levels to the Government or the Prime Minister for promulgation or promulgate these documents within the Ministry's jurisdiction;
d) Propose establishment of councils in charge of appraising applications for establishment, dissolution, merger, division or adjustment of boundaries of provincial-level administrative divisions to the Prime Minister for his decision; take charge and cooperate with relevant ministries and authorities in appraising and proposing classification of provincial-level administrative divisions to the Prime Minister for his decision;
dd) Take charge and cooperate with relevant ministries and authorities in appraising applications for establishment, dissolution, merger, division or adjustment of boundaries of district-level and commune-level administrative divisions; issuing decisions on classification of district-level administrative divisions;
8. Regarding payroll management:
a) Propose staffing limits for officials, and overseas officials of administrative agencies, and staffing limits of central associations assigned by the CPV or the State of Vietnam to the Prime Minister for approval in accordance with regulations of law and competent authorities;
b) Propose modification of or addition to payrolls of administrative agencies to the Prime Minister and competent authorities for making decisions in accordance with regulations of law and competent authorities;
c) Decide to allocate, modify or make additions to the payroll of each of administrative agencies and central associations assigned by the CPV or the State of Vietnam in accordance with regulations of law and competent authorities;
d) Decide to allocate payrolls for officials working abroad to ministries, ministerial agencies and governmental agencies after obtaining approval from competent authorities and the Prime Minister;
dd) Appraise plans on total number of persons who receive salaries from state budget and are working at public service providers that partially cover their recurrent expenses and public service providers whose recurrent expenses are covered by state budget in accordance with regulations of law and competent authorities.
9. Regarding officials, public employees, and civil service matters:
a) Propose the following documents to the Government or the Prime Minister for promulgation or promulgate these documents within the Ministry's jurisdiction: legislative documents, researches, projects, strategies and guidelines on implementation of regulations on: job positions-based recruitment, arrangement and use of public officials and public employees, appointment of official ranks and professional titles, organization of examinations or consideration for promotion of official ranks or changes in professional titles of public employees; performance assessment and ranking of officials and public employees; standards of professional titles; appointment, re-appointment, internal transfer, rotation, secondment, discharge, dismissal, disciplinary actions, resignation and retirement of officials and public employees (unless otherwise provided for by relevant laws); creation of a source of female officials, the proportion of women for appointing positions in state agencies and other management contents regarding officials and public employees as prescribed;
b) Propose structure of Governmental members, dismissal and appointment of Governmental members based on the term of the National Assembly to the Prime Minister. Appraise standards, requirements, procedures and personnel records of holders of leadership and managerial positions which are subject to the Prime Minister’s decisions or approval as prescribed by law;
c) Stipulate professional standards of official ranks and standards of professional titles of specialized public employees in fields under the management of the Ministry of Home Affairs of Vietnam;
d) Instruct determination of structure of official ranks and job positions in regulatory authorities;
dd) Carry out pre-employment assessment of officials in accordance with regulations of law; develop, instruct, and manage national data on officials and public employees (including both officials and part-time officials of communes and neighbourhoods); collect and consolidate national statistical indicators on women's personnel work; instruct the establishment and management of records for officials and public employees; official and public employee cards;
e) Develop, issue and manage programs for refresher training in knowledge and skills in state management according to official rank standards; refresher training programs based on the requirements of holders of leadership and managerial positions; refresher training programs according to the professional title standards for public employees specialized in home affairs; refresher training programs based on the requirements of job positions specialized in home affairs;
g) Develop, promulgate, instruct and organize implementation of plans for providing refresher training for officials and public employees funded by state budget within the Ministry's jurisdiction;
h) Monitor and consolidate results of training or refresher training for officials and public employees of ministries, ministerial agencies, Governmental agencies, Vietnamese Fatherland Front, central authorities of socio-political organizations and the provincial-level People's Committees.
10. Regarding state administrative reform:
a) Propose programs, plans or general schemes on state administrative reform in each period to competent authorities for their decisions. Act as the Government’s standing agency in charge of administrative reform tasks;
b) Propose guidelines, policies and solutions for accelerating state administrative reform to the Government or the Prime Minister for their decisions;
c) Appraise pilot schemes on administrative reform submitted to the Prime Minister by ministries, ministerial agencies, Governmental agencies or provincial-level People's Committees;
d) Take charge in reforming the state administrative apparatus and reforming policies on civil service matters; disseminate information on administrative reform;
dd) Formulate, promulgate and instruct methods for monitoring, evaluation and determination of administrative reform indexes of ministries, ministerial agencies and provincial-level People's Committees; methods for measuring users’ satisfaction with services rendered by state administrative agencies;
e) Organize the application, determination and publishing of annual administrative reform indexes of ministries, ministerial agencies and provincial-level People's Committees; users’ satisfaction indexes with services rendered by state administrative agencies;
g) Instruct ministries, ministerial agencies, Governmental agencies and provincial-level People's Committees to develop and implement programs, schemes, plans for performing administrative reform tasks, and submit reports thereof as prescribed.
11. Regarding labour, salary and social insurance:
a) Assist the Government in unifying the state management of labour, wages, and social insurance in accordance with the law;
b) Provide instructions and organize the implementation of regulations of law on employment contracts, disciplinary actions on labours, financial obligations and dialogues at the workplace, collective bargaining, collective bargaining agreements, and labour dispute resolution;
c) Instruct implementation of regulations of labour law concerning female employees, minor employees, elderly employees, disabled employees, domestic workers and some other employees;
d) Provide guidelines for registration and state management of operations of representative organizations of employees in accordance with regulations of labour law; perform tasks of a national contact point for labour affairs during Vietnam’s participation in international trade agreements;
dd) Instruct implementation of regulations of law on policies for salary, allowances, subsistence expenses and bonuses paid to officials and public employees from the central level to the communal level, and contractual employees in regulatory authorities and public service providers;
e) Provide guidelines for the implementation of regulations of law on statutory minimum wages and salary policies for employees working at enterprises, agencies, organizations, cooperatives, households or individuals that employ other people as prescribed in the Labour Code;
g) Provide guidelines on salaries, bonuses and remunerations paid to employees and executives of state-owned enterprises and state-invested enterprises;
h) Research and provide advice to competent authorities on performing reforms in salary policies and social insurance policies.
12. Regarding employment:
a) Provide guidelines for and organize the implementation of regulations of law on employment; unemployment insurance; recruitment and management of Vietnamese employees; unified management of foreign workers in Vietnam;
b) Provide guidelines for and organize collection, storage, consolidation, analysis, forecasting and publishing of labour market information related to the sector and field of responsibility in addition to the information included in the national statistical indicator system; promulgate regulations on management, access, use and dissemination of labour market information;
c) Provide guidelines for implementation of regulations of law on organization and provision of employment services; provide guidelines on management and use of the National Employment Fund as prescribed by law.
13. Regarding Vietnamese guest workers:
a) Provide guidelines for and organize the implementation of regulations of law on Vietnamese guest workers;
b) Encourage expansion, stabilization and development of overseas employment market;
c) Stipulate programs, contents, duration of orientation education, formats, and validity periods of certificates of completion of orientation education courses for workers before they are sent to work abroad;
d) Issue decisions on issuance, re-issuance, modification or revocation of license to provide Vietnamese guest worker services in accordance with regulations of law;
dd) Organize and provide guidelines for registration of contracts or preparation of reports for sending Vietnamese workers to work abroad by enterprises, and registration of contracts for workers sent to work abroad under directly concluded labour contracts; supervise the implementation of contracts by enterprises;
e) Provide guidelines for labour management for Vietnamese representative missions abroad;
g) Manage the Fund for Overseas Employment Support in accordance with regulations of law.
14. Regarding occupational safety and hygiene (OSH):
a) Provide guidelines for and organize the implementation of regulations of law on OSH; working regime, working hours and rest hours; national OSH program; establishment of national profile on OSH;
b) Promulgate regulations on compensation and benefits for occupational accidents and occupational diseases; perquisites provided for employees working in contact with hazards or harmful factors;
c) Issue the list of machines, equipment, supplies and substances subject to strict OSH requirements at the request of relevant ministries in accordance with regulations of law; take charge in performing state management of OSH training and inspection of machines, equipment, and supplies subject to strict OSH requirements;
d) Play the leading role in promulgating the list of works subject to strict OSH requirements; the list of arduous, hazardous and dangerous occupations and works, and the list of extremely arduous, hazardous and dangerous occupations and works. Promulgate standards for working conditions-based classification of employees; regulations on provision of personal protective equipment for employees;
dd) Formulate national standards; promulgate national technical regulations on OSH within the Ministry’s jurisdiction;
e) Promulgate procedures for inspection and management of machines, equipment, supplies and substances subject to strict OSH requirements under its management;
g) Promulgate and provide guidelines for implementation of regulations on quality control of specific occupational safety products and goods in accordance with regulations of law;
h) Carry out investigation into occupational accidents; organize and instruct the collection, retention, consolidation, provision, publishing and assessment of occupational accidents and serious technical incidents threatening OSH;
i) Instruct and organize the implementation of “Occupational safety and hygiene action month” programs.
15. Regarding associations, social funds, charitable funds, non-governmental organizations:
a) Assist the Government in performing unified state management of associations, social funds, charitable funds, non-governmental organizations in Vietnam and Red Cross activities in accordance with the law;
b) Appraise and propose charters of associations under the authority to make decisions by the Prime Minister in accordance with the law to the Prime Minister for approval;
c) Process procedures related to associations, social funds, charitable funds, non-governmental organizations within the Ministry’s jurisdiction and according to regulations of law;
d) Provide guidelines for implementation of regulations of law on associations, social funds, charitable funds, non-governmental organizations;
dd) Reward or propose provision of rewards for organizations and individuals who have achievements in the organization and operation of associations, social funds, charitable funds, and non-governmental organizations to competent authorities.
16. Regarding people with meritorious services:
a) Instruct and organize the implementation of policies and laws on benefits for persons with meritorious services to the revolution;
b) Formulate regimes, norms and methods for provision of living aids, orthopaedic devices and rehabilitation equipment for people with meritorious services to the revolution;
c) Promulgate regulations on management of revolutionary martyrs’ structures, formulate plans for determination of revolutionary martyrs’ structures included in relevant master plans;
d) Instruct and direct the receipt of revolutionary martyrs’ remains, identify remains of unknown revolutionary martyrs and graves of martyrs;
17. Regarding the youth-related tasks:
a) Instruct the inclusion of youth development policies, targets and objectives in socio-economic development policies, strategies, programs and plans in fields and sectors;
b) Instruct ministries and central authorities in including statistical indicators on Vietnamese youth in their statistical indicator systems;
c) Take charge and cooperate with ministries, ministerial agencies, Governmental agencies and the central committee of Ho Chi Minh Communist Youth Union in formulating and organizing the implementation of youth-related policies and laws.
18. Regarding democracy and community mobilization tasks:
a) Formulate and promulgate or propose promulgation of grassroots democracy in accordance with regulations of law and provide instructions on implementation thereof;
b) Instruct the performance of community mobilization tasks by state administrative agencies and governments at all levels in accordance with regulations of the CPV and of laws.
19. Regarding gender equality:
a) Provide guidelines for and organize the implementation of policies and laws on gender equality in accordance with regulations of law;
b) Take charge and cooperate with ministries, central authorities, local authorities, socio-political organizations and relevant authorities and organizations in implementing the Action month for gender equality and prevention and response to gender-based violence.
20. Regarding state records and archives:
a) Assist the Government in performing unified state management of record and archives tasks in accordance with regulations of law;
b) Manage documents archived at the historical document-archiving unit of the State at central level; manage backup documents archived at the fonds of the State within the Ministry’s jurisdiction; manage record and archives tasks; recognize and revoke the recognition of archival documents with special value within the Ministry’s jurisdiction;
c) Develop, update, manage and operate databases of documents archived at the fonds of the State in accordance with regulations of law; establish and manage the State Digital Archive;
d) Receive and update the list of permanent archival records and documents of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs on the database of documents archived at the fonds of the State (excluding documents containing state secrets);
dd) Manage the provision of archival services; issue, reissue and revoke archival practice certificates.
21. Regarding emulation and commendation:
a) Assist the Government in performing unified state management of emulation and commendation affairs in accordance with regulations of law;
b) Instruct the implementation of regulations of law on emulation organization, emulation titles and standards thereof; forms, eligible entities/subjects, and standards for commendation; authority to decide and confer, procedures and applications for commendation; rights and obligations of individuals and collectives awarded emulation titles and commendations; actions against violations against regulations on emulation and commendation;
c) Organize and instruct the implementation of emulation movements and commendation policies of the CPV and the State of Vietnam;
d) Appraise applications for commendation and submit them to the Prime Minister for his decision or submission to the President of Vietnam for issuing commendation decisions in accordance with regulations of law;
dd) Prepare commendation items awarded together with emulation titles and commendation forms of the President of Vietnam, the Government and the Prime Minister. Award, renew or re-issue commendation items according to decisions of competent authorities;
e) Mobilize sponsorships/donations to, manage and use the central emulation and commendation fund; direct, instruct and inspect the management of emulation and commendation funds at all levels and in all sectors;
g) Perform tasks of the standing agency of the Central Emulation and Commendation Council.
22. Regarding international cooperation:
a) Manage and organize performance of international cooperation and international integration in sectors and fields under the Ministry’s management in accordance with regulations of law;
b) Take charge and cooperate with relevant authorities in cooperating with ASEAN member states in civil service matters and officials-related tasks as per regulations;
c) Organize negotiation and sign international conventions in accordance with law and with the authorization of competent authorities; take charge and cooperate in signing and organizing the implementation of international agreements in the Ministry’s name in accordance with regulations of law; participate in international organizations as assigned by the Government.
23. Regarding public services:
a) Perform state management and organize implementation of public services rendered in the fields and sectors under the Ministry’s state management; manage the Ministry-affiliated organizations and units providing public services;
b) Provide guidelines for the implementation of policies and laws, and support for organizations in providing public services in the sectors and fields of management as prescribed by law.
24. Provide training, refresher training for officials and public employees according to the social needs of the sectors and fields assigned for management as prescribed by law.
25. Organize and direct the performance of scientific research tasks and application of scientific research findings; information dissemination and communications; application of information technologies and data; digital transformation and management of specialized data serving the Ministry’s performance of state management.
26. Manage organizational structure; job positions, official payroll, number of employees working in public service providers and number of contractual employees of the Ministry of Home Affairs. Implement the recruitment, use, and management of officials, public employees, and employees in accordance with the regulations and under the authority delegated by competent authorities.
27. Manage allocated finance, property and organize the implementation of the allocated budget as prescribed by law.
28. Consolidate, produce statistics, submit preliminarily reviews, final assessments, evaluations, reports to the Government, the Prime Minister and competent authorities regarding the situation and results of the implementation of the functions and tasks of state management of the Ministry of Home Affairs as prescribed by law, or as assigned or requested by competent authorities; establish and manage the database and statistical information system of the Ministry of Home Affairs.
29. Take charge and cooperate with ministries, central authorities and relevant agencies in addressing proposals from agencies, organizations or units as assigned by the Government or the Prime Minister.
30. Carry out inspection and supervision of the implementation of functions, tasks, powers, and the enforcement of policies and laws in the sectors and fields under the state management of the Ministry of Home Affairs as prescribed by law. Perform anti-corruption and misconduct tasks; crime prevention; thrift practices and wastefulness prevention; citizen reception; resolution of complaints, denunciations, petitions, and feedback regarding issues under the Ministry’s state management in accordance with the law. Handle violations or submit reports to the competent authorities for addressing violations in the sectors and fields under the state management of the Ministry of Home Affairs in accordance with the law.
31. Perform other tasks and powers assigned by the Government, the Prime Minister, with the authorization of the Prime Minister, and in accordance with the provisions of the law.
Article 3. Organizational structure
1. Organization and Personnel Administration.
2. Local Administration Department.
3. Department of State Employees and Servants.
4. Department of Non-Governmental Organization.
5. Administrative Reform Department.
6. Department of Youth Affairs and Gender equality.
7. Department of International Cooperation.
8. Department of Personnel and Organization.
9. Department of Legislation.
10. Planning and Finance Department.
11. Ministry Inspectorate.
12. Ministry Office.
13. State Records Management and Archives Agency.
14. Department of Wage and Social insurance.
15. Department of Employment.
16. Department of Overseas Labour.
17. Department of National Devotees.
18. Central Committee of Emulation and Commendation.
19. Information Technology Center.
20. Institute of State Organizational Sciences and Labour Sciences.
21. “To chuc nha nuoc va Lao dong” Magazine.
22. "Dan tri” Newspaper.
Units prescribed in clause 1 through clause 18 of this Article are administrative agencies that assist the Minister in performing state management; the units prescribed in clause 19 through clause 22 of this Article are public service providers serving the state management of the Ministry of Home Affairs.
The Minister of Home Affairs shall issue decisions on functions, tasks, powers and organizational structures of units affiliated to the Ministry of Home Affairs; and propose a list of other public service providers under the Ministry of Home Affairs to the Prime Minister for issuance.
Article 4. Entry into force
1. This Decree comes into force from March 01, 2025.
2. This Decree replaces Decree No. 62/2022/ND-CP dated September 12, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs; Decree No. 63/2022/ND-CP dated September 12, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Home Affairs.
Article 5. Implementation responsibilities
The Minister of Home Affairs, Ministers and Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.
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ON BEHALF OF.
GOVERNMENT OF VIETNAM |
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