Decree No. 63/2022/ND-CP dated September 12, 2022 on defining functions, tasks, powers and organizational structure of Ministry of Home Affairs of Vietnam

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF HOME AFFAIRS OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

At the request of the Minister of Home Affairs of Vietnam;

The Government promulgates a Decree defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs of Vietnam.

Article 1. Position and functions

The Ministry of Home Affairs of Vietnam is a governmental agency performing the state management of the following fields and sectors: State administrative agencies; local governments, administrative boundaries; officials, public employees, and civil service matters; non-governmental organizations and associations; emulation and commendation; religion and folk belief; state records and archives; the youth and state management of public services rendered in the fields and sectors under the Ministry's management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Home Affairs of Vietnam shall perform its tasks and powers as prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government, draft joint resolutions of the Government and the Presidium of the Central Committee of the Vietnamese Fatherland Front according to the the Ministry 's approved annual law-making programs/plans, and other projects, schemes, programs and/or resolutions assigned by the Government or the Prime Minister; submit annual, medium-term and long-term development strategies and/or plans, and nationally significant projects and/or works under its management to the Government and/or the Prime Minister.

2. Submit draft decisions, draft directives and other legislative documents within the scope of its management or as assigned to the Prime Minister. Perform tasks and powers as assigned or authorized by the Prime Minister.

3. Promulgate circulars, decisions, directives and other legislative documents within the scope of its management.

4. Direct, instruct, inspect and assume responsibility to organize the implementation of promulgated or approved legislative documents, strategies, master plans, plans and other nationally significant schemes, projects and/or works within the scope of its management; disseminate and educate about laws within the scope of its management.

5. Regarding state administrative agencies:

a) Submit the following documents to the Government, including: schemes for term of the National Assembly-based organizational structure of the Government; schemes or draft decrees of the Government on establishment, merger, consolidation, split-up, split-off or dissolution of ministries, ministerial agencies, or Governmental agencies; draft decrees on organization of specialized agencies affiliated to People's Committees of central-affiliated cities or provinces (hereinafter referred to as “provincial-level”), People's Committees of urban/suburban districts, district-level towns, cities affiliated to provinces or cities affiliated central-affiliated cities (hereinafter referred to as “district-level”);

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 general departments and other organizations of equivalent level affiliated to ministries or ministerial agencies; the Prime Minister’s schemes and draft decisions on establishment, restructuring or dissolution of state administrative agencies 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) Play the leading role and cooperate with the Office of the Government and relevant ministries, ministerial agencies and governmental agencies in making final reviews of draft decrees defining the 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 administrative agencies and public administrative units 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 People's Councils at all levels; instruct and expedite People's Committees at all levels to implement regulations of law on election, guiding documents of the National election council and central-government 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 People's Councils; direct, instruct and inspect operations of People's Committees in accordance with regulations of law; attend meetings of provincial-level People's Councils and People's Committees on construction and development of local governments and management of administrative boundaries;

c) Appraise and submit to the Prime Minister applications for approval of results of election, dismissal and discharge of chairpersons/deputy chairpersons of district-level People’s Committees; requests for assignment or dismissal of chairpersons/deputy chairpersons of district-level People’s Committees, and grant of powers to chairpersons of district-level People’s Committees;

d) Request the Government or the Prime Minister to promulgate, or promulgate, within its competence, documents on commune-level officials, part-time officials of communes, hamlets, or residential quarters; instruct organization and operations of hamlets and residential quarters;

dd) Request the Prime Minister to promulgate documents on criteria, requirements, and procedures for recognition of island communes, safe communes and safe zones for military purposes; play the leading role and cooperate with relevant ministries and regulatory 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) Request the Government to request the National Assembly or the Standing Committee of National Assembly to consider deciding the establishment, dissolution, merger, division or modification of administrative divisions; naming, renaming and settlement of disputes concerning administrative divisions at all levels;

c) Request the Government or the Prime Minister to promulgate or promulgate, within its competence, documents on rules, required documents and procedures for determination of administrative divisions, and preparation and management of records of boundaries of administrative divisions at all levels;

d) Request the Prime Minister to decide the establishment of councils in charge of appraising applications for establishment, dissolution, merger, division or modification of provincial-level administrative divisions; play the leading role and cooperate with relevant ministries and regulatory authorities in appraising and submitting documents on classification of provincial-level administrative divisions to the Prime Minister for his decision;

dd) Play the leading role and cooperate with relevant ministries and regulatory authorities in appraising applications for establishment, dissolution, merger, division or modification of district-level and commune-level administrative divisions; issuing decisions on classification of district-level administrative divisions;

e) Instruct and inspect provincial-level People's Committees and provincial-level Departments of Home Affairs' implementation of regulations of law on establishment, dissolution, merger, division or modification of administrative divisions; naming, renaming and settlement of disputes concerning administrative divisions; classification of administrative divisions.

8. Regarding payroll management:

a) Request the Prime Minister to consider giving approval for total payroll for officials, payroll for officials working abroad of administrative agencies, and payrolls of associations performing central-level tasks assigned by the Communist Party or the State of Vietnam in accordance with regulations of law and competent authorities;

b) Request the Prime Minister and competent authorities to decide modification of or additions to payrolls of administrative agencies 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 associations performing central-level tasks assigned by the Communist Party or the State of Vietnam in accordance with regulations of law and competent authorities;

d) Decide to allocate payrolls for officials working abroad to relevant 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 administrative units that partially cover their recurrent expenses and public administrative units 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) Consistently manage codes of official ranks, codes of professional titles of public employees; 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;

b) Instruct and inspect determination of structure of official ranks and job positions in regulatory authorities;

c) Appraise standards, requirements, procedures and personnel records of holders of leadership and managerial positions which are subject to the Prime Minister’s decision or approval as prescribed by law;

d) Instruct and inspect the 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, assignment, secondment, discharge, dismissal, disciplinary actions, resignation and retirement of officials and public employees, and other management tasks of officials and public employees as prescribed by law;

dd) Instruct and inspect the implementation of the Government’s regulations on planning and training for female officials, percentage of title holders that are female officials in regulatory authorities; collect and consolidate national statistical indicators on female officials-related affairs;

e) Establish, instruct and manage national database on officials and public employees (including officials, public employees and part-time officials of communes, hamlets and residential quarters); instruct the preparation and management of records of officials and public employees; identity cards of officials and public employees.

10. Regarding training and retraining for officials and public employees:

a) Formulate, promulgate and manage retraining programs in state management knowledge and skills according to standards of official ranks; retraining programs for holders of leadership and managerial positions; retraining programs for public employees specializing in home affairs branch; retraining programs for persons in charge of professional job positions in home affairs branch;

b) Formulate, promulgate, instruct and inspect the implementation of plans for retraining for officials and public employees funded by state budget within its competence;

c) Monitor and consolidate results of training/retraining for officials and public employees of ministries, ministerial agencies, Governmental agencies, central-level socio-political organizations and provincial-level People's Committees.

11. Regarding salary policies:

a) Instruct and inspect the implementation of regulations of law on salaries, wages, allowance, subsistence allowance and bonuses of officials and public employees from central to local level, and contractual workers working in regulatory authorities and public administrative units;

b) Study and provide advice for competent authorities about reform of state salary policies.

12. Regarding organization of associations and non-governmental organizations:

a) Assist the Government in performing consistent state management of associations, social funds, charity funds, domestic non-governmental organizations and red cross activities as prescribed by law;

b) Appraise and submit charters of associations performing tasks assigned by the Communist Party or the State of Vietnam to the Prime Minister for approval;

c) Process procedures related to associations, social funds, charity funds, and non-governmental organizations within its competence and in accordance with regulations of law;

d) Instruct and inspect the implementation of regulations of law on associations, social funds, charity funds and non-governmental organizations;

dd) Commend and reward or request competent authorities to commend and reward organizations and individuals for their outstanding performance of operations of associations, social funds, charity funds and non-governmental organizations.

13. Regarding emulation and commendation:

a) Assist the Government in performing consistent state management of emulation and commendation affairs in accordance with regulations of law;

b) Instruct and inspect 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, instruct and inspect the implementation of emulation movements and commendation policies of the Communist Party 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. Awarding, renewal or re-issuance of 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.

14. Regarding religion and folk belief:

a) Assist the Government in performing consistent state management of religion and folk belief affairs in accordance with regulations of law;

b) Act as a contact point in charge of communicating with domestic and international religious organizations, and organizations of religious external affairs and human rights;

c) Practice and instruct folk belief communities, religious organizations and individuals to practice folk beliefs in accordance with regulations of law;

d) Perform consistent management of publishing of publications, religious scriptures, works, teaching syllabi, cultural products concerning folk belief and religion of folk belief communities and religious organizations licensed by the State;

dd) Commend or request competent authorities to commend and provide benefits and policies for organizations and individuals performing folk belief and religious activities.

15. Regarding state records and archives:

a) Assist the Government in performing consistent state management of record and archives tasks in accordance with regulations of law;

r) Manage the Archival Fonds of Vietnam’s Government and archival operations;

c) Instruct and inspect the provision of archival services; promulgate national technical regulations, technical – economic norms on records and archives;

d) Establish and manage national database on electronic records.

16. Regarding state administrative reform:

a) Request competent authorities to consider issuing decisions on programs, plans and/or general schemes on state administrative reform in each period. Act as the Government’s standing agency in charge of administrative reform tasks;

b) Request the Government or the Prime Minister to decide guidelines, policies and solutions for accelerating state administrative reform;

c) Appraise pilot schemes on administrative reform submitted to the the Prime Minister by ministries, ministerial agencies, Governmental agencies or provincial-level People's Committees;

d) Play the leading role in reforming the state administrative apparatus and reforming policies on civil service matters; disseminate information on administrative reform. Play the leading role in preparing quarterly, biannual and annual reports on administrative reform, and submit them to the Government in the Government’s meetings;

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 plans for performing administrative reform tasks, and submit reports thereof as prescribed.

17. Regarding democracy and community mobilization tasks:

a) Formulate and submit to competent authorities for promulgation or promulgate within its competence and instruct the practice of grassroots democracy in accordance with regulations of law;

b) Instruct the performance of community mobilization tasks by state administrative agencies and governments at all levels in accordance with regulations of the Communist Party of Vietnam and of laws.

18. Regarding international cooperation:

a) Manage and organize performance of international cooperation in sectors and fields under its management in accordance with regulations of law;

b) Play the leading role and cooperate with relevant authorities in cooperating with ASEAN member states in civil service matters and officials-related tasks;

c) Organize negotiation and sign international conventions with the authorization of competent authorities; sign and organize the implementation of international agreements in its name in accordance with regulations of law; participate in international organizations as assigned by the Government.

19. Regarding state management of the youth-related tasks:

a) Instruct the inclusion of youth development policies, targets and objectives in sectoral socio-economic development policies, strategies, programs and plans;

b) Instruct ministries and regulatory authorities in including statistical indicators on Vietnamese youth in their ministerial or sectoral statistical indicator systems;

c) Play the leading role and cooperate with relevant ministries, ministerial agencies, Governmental agencies and central committee of Ho Chi Minh Communist Youth Union in formulating and organizing the implementation of youth-related policies and laws.

20. Provide public services in the sectors and fields within the scope of its management in accordance with law regulations.

21. Provide training, retraining, drilling and professional guidelines in the sectors and fields within the scope of its management and in accordance with law regulations.

22. Inspect the performance of functions, tasks and powers and implementation of policies and laws within the scope of its management in accordance with law regulations. Perform anti-corruption and misconduct tasks; prevention and fight against crimes; citizen reception; settle complaints, denunciations, propositions about matters within the scope of its management in accordance with law regulations.

23. Play the leading role and cooperate with relevant ministries and regulatory authorities in settling propositions of other agencies, organizations and units as assigned by the Government or the Prime Minister.

24. 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 functions.

25. Manage organizational structure; job positions, official payroll and structure of official ranks; job positions, number and professional title-based structure of public employees; number of contractual employees of the Ministry of Home Affairs of Vietnam. Perform administrative reform; decide and delegate competent authorities to make decisions on recruitment, use and management of officials, public employees and contractual employees of the Ministry of Home Affairs of Vietnam in accordance with regulations of law and of the Communist Party of Vietnam; decide the payroll for officials in charge of the Communist Party and trade union’s affairs; provide professional training, retraining and drilling, and other policies and benefits for officials, public employees and contractual employees under the management of the Ministry of Home Affairs of Vietnam.

26. Manage financial sources and assigned assets, and use allocated state budget in accordance with law regulations.

27. Carry out reviews and assessment, and make and submit consolidated, statistical, preliminary and final reports to the Government, the Prime Minister and competent authorities on the Ministry’s performance of state management tasks as prescribed by law, or as assigned by competent authorities.

28. Perform other tasks and powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Organization and Personnel Administration.

2. Local Administration Department.

3. Department of State Employees and Servants.

4. Salary Department.

5. Department of Non-Governmental Organization.

6. Administrative Reform Department.

7. International Cooperation Department.

8. Department of Legislation.

9. Department of Planning and Finance.

10. Department of Youth Affairs.

11. Department of Personnel and Organization.

12. Ministry Inspectorate.

13. Ministry Office.

14. State Records Management and Archives Agency.

15. Central Committee of Emulation and Commendation.

16. Government Committee for Religious Affairs.

17. National Academy of Public Administration.

18. Institute on State Organizational Sciences.

19. State Organization Journal.

20. Information Center.

The organizations referred to in Clauses 1-16 of this Article shall assist the Minister of Home Affairs in performing the state management functions; the organizations referred to in Clauses 17-20 are public administrative units serving the Ministry’s state management functions.

The Minister of Home Affairs of Vietnam shall request the Prime Minister to issue a decision defining functions, tasks, powers and organizational structure of the National Academy of Public Administration and the list of other existing public administrative units affiliated to the Ministry.

The Minister of Home Affairs of Vietnam shall issue decisions defining functions, tasks, powers and organizational structures of its affiliated units, except the unit prescribed in Clause 17 of this Article.

Article 4. Transition

1. Hanoi University of Home Affairs shall continue performing its functions, tasks and powers until the Prime Minister issues a decision defining functions, tasks, powers and organizational structure of the National Academy of Public Administration.

2. The Central Committee of Emulation and Commendation, and the Government Committee for Religious Affairs shall continue performing their functions, tasks and powers until the Minister of Home Affairs issues decisions defining their functions, tasks, powers and organizational structures.

3. Department of Official and Public Employee Training, and Department of General Affairs shall continue performing their functions, tasks and powers until the Minister of Home Affairs completes the arrangement of their functions, tasks and personnel under the Scheme for arrangement and strengthening of departments affiliated to the Ministry of Home Affairs of Vietnam enclosed with the Statement No. 3500/TTr-BNV dated July 26, 2022.

Article 5. Effect

1. This Decree comes into force from September 15, 2022.

2. This Decree supersedes the Government’s Decree No. 34/2017/ND-CP dated April 03, 2017 defining functions, tasks, powers and organizational structure of Ministry of Home Affairs of Vietnam.

Article 6. Responsibility for implementation

The Minister of Home Affairs, Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial-level People’s Committees are responsible for the implementation of this Decree.