Proposing regulations on the internal affairs sector of specialized departments under the People's Committee at the commune level

The above proposal is made in the draft Circular guiding the functions, tasks and powers of the Department of Home Affairs under the People's Committees of provinces and centrally-run cities and specialized departments under the People's Committees of communes, wards and special zones under the provincial level.

Location, function

According to the draft, the specialized department is a specialized agency under the People's Committee of the commune, ward, and special zone (commune level) performing the function of advising and assisting the People's Committee at the commune level in state management in the following fields: Administrative organization, state career; local government, administrative unit boundaries; cadres, civil servants, public employees and public service; administrative reform; associations, non-governmental organizations; emulation, rewards; state documents and archives; youth; labor, wages; employment; social insurance; occupational safety and hygiene; meritorious people; gender equality; ethnic affairs and beliefs and religions in the area according to the provisions of law; contributing to ensuring unified management of the sector or field of work in the locality.

The specialized department under the People's Committee at the commune level is under the direction and management of the People's Committee at the commune level in terms of organization, job positions, civil servant payroll, civil servant rank structure and work, and is also under the direction, inspection and guidance on expertise and profession in the field of Home Affairs of the Department of Home Affairs.

Duties and Powers

The Ministry of Home Affairs proposes that specialized departments under the People's Committees at the commune level (specialized departments) submit to the People's Committees at the commune level draft resolutions of the People's Councils at the commune level (if any), draft decisions of the People's Committees at the commune level related to the sectors and fields under the management of the department and other documents as assigned by the People's Committees at the commune level; draft plans for sector and field development; programs and measures to organize the implementation of sector and field tasks in the commune level within the management of the department; draft decisions specifying the functions, tasks, powers and organizational structure of the department.

Submit to the Chairman of the People's Committee at the commune level to decide on the appointment of personnel under the authority of the Chairman of the People's Committee at the commune level according to Party regulations and laws.

Organize the implementation of legal documents, planning, and plans after approval; provide information, propaganda, dissemination, and legal education on areas within the assigned management scope; monitor law enforcement.

The specialized department assists the People's Committee at the commune level in implementing and taking responsibility for the appraisal, registration, and issuance of licenses within the scope of responsibility and authority of the specialized agency according to the provisions of law and the assignment of the People's Committee at the commune level.

The specialized department assists the People's Committee at the commune level in state management according to the provisions of law for collective economic organizations, private economic organizations, associations and non-governmental organizations operating in the area in the field of Home Affairs.

About the organization, specialized staff department, assist the People's Committee at the commune level to submit to the People's Council at the commune level for consideration and decision on the establishment, reorganization and dissolution of specialized agencies under the People's Committee at the commune level; appraise draft documents: Regulations on functions, tasks, powers and organization of administrative agencies and public service units under the People's Committee at the commune level; establishment, reorganization and dissolution of administrative organizations and public service units under the decision-making authority of the People's Committee at the commune level (except in cases where specialized laws have other provisions on the appraisal agency); establishment, consolidation, merger and dissolution of inter-sectoral coordination organizations under the decision-making authority of the Chairman of the People's Committee at the commune level according to the provisions of law.

On job positions, civil servant establishment and civil servant rank structure, specialized departments appraise job position projects, job position adjustment projects and civil servant rank structures of agencies and organizations under the management of the People's Committee at the commune level; synthesize and submit to the People's Committee at the commune level for decision according to authority or submit to the People's Committee at the provincial level for decision according to the provisions of law and according to the management regulations of the People's Committee at the provincial level.

On the implementation of salary, allowance, living expenses and bonus regimes and policies for cadres, civil servants, public employees and contract workers in administrative agencies, organizations and public service units, the specialized department advises and submits to the Chairman of the People's Committee at the commune level to decide within its authority or proposes to the competent authority to decide on regular salary increases, early salary increases and implementation of regimes and policies on salaries, allowances, living expenses and bonuses for cadres, civil servants, public employees and contract workers according to the provisions of law and according to the management regulations of the Provincial People's Committee. Guide, inspect and resolve within its authority or propose to the competent authority to resolve difficulties in the implementation of regimes and policies on salaries, allowances, living expenses and bonuses for cadres, civil servants, public employees and contract workers in administrative agencies, organizations and public service units in the area according to the provisions of law and according to the management regulations of the locality.

On administrative reform, reform of civil service and public service regime

The professional department advises and submits to the People's Committee at the commune level to decide on assigning professional agencies under the People's Committee at the commune level to preside over or coordinate the implementation of the contents and tasks of administrative reform, reform of the civil service regime; decides on measures to promote administrative reform, reform of the civil service regime in the area. Advises and helps the People's Committee at the commune level to monitor and inspect professional agencies at the same level in implementing administrative reform, reform of the civil service regime in the area.

About local government

The specialized department advises and assists the People's Committee at the commune level in implementing the election of National Assembly deputies and People's Council deputies at the commune level in accordance with the provisions of law and instructions from higher-level agencies; submits to the People's Council at the commune level the election, dismissal, and removal of the Chairman, Vice Chairman, and members of the People's Committee at the commune level in accordance with the provisions of law; submits to competent authorities for consideration and decision on the establishment, dissolution, merger, and division of villages and residential groups; naming and renaming of villages and residential groups in the area. Implements democratic work at the commune level and in state administrative agencies and public service units; and the government's mass mobilization work in accordance with the provisions of the Party, the law, and instructions from higher-level agencies.

The specialized department appraises and submits to the Chairman of the Provincial People's Committee for approval the results of the election, dismissal, and removal of the Chairman and Vice Chairman of the Commune People's Committee; the transfer, temporary suspension from work, removal from office of the Chairman and Vice Chairman of the Commune People's Committee and the delegation of authority to the Chairman of the Commune People's Committee according to the provisions of law. Advises and assists the People's Committee and the Chairman of the Commune People's Committee in performing state management of villages and residential groups according to the provisions of law and local management regulations.

Regarding cadres, civil servants and public employees, the specialized department advises and assists the People's Committee at the commune level in recruiting, using and managing cadres, civil servants, public employees and part-time workers in villages and residential groups under the management authority of the People's Committee at the commune level according to the provisions of the Party, the law and the management regulations of the People's Committee at the provincial level; carries out training and fostering for cadres, civil servants, public employees and other subjects according to the provisions of the law and the management regulations of the People's Committee at the provincial level.

About the field of employment

The specialized department organizes the implementation of strategies, programs, long-term and annual plans, projects and proposals on employment, job creation support, labor market development, employment services, unemployment insurance, recruitment and labor management in Vietnam under the guidance of competent authorities; collects, stores, synthesizes, analyzes, forecasts, disseminates and manages local labor market information; guides and implements policies to support job creation and unemployment insurance policies according to the provisions of law; performs state management of employment service organizations according to the provisions of law.

The specialized department for organizational management is authorized by the Department of Home Affairs to assign tasks, place orders or bid on recruitment and management of Vietnamese employees working for foreign organizations and individuals; perform state management of foreign employees working in Vietnam and recruit and manage Vietnamese employees working for foreign organizations and individuals under the local management scope.

In the field of labor and wages

The specialized department guides the implementation of legal provisions on labor contracts, labor discipline, material responsibility, dialogue at the workplace, collective bargaining, collective labor agreements, settlement of labor disputes and strikes, regimes for employees in the arrangement, reorganization, sale, lease, conversion of enterprise types, transfer of ownership rights, rights to use assets of enterprises and cooperatives; dissolution and bankruptcy of enterprises; in the arrangement, innovation, and improvement of the operational efficiency of state-owned enterprises; guides the implementation of legal provisions on salary regimes in the production and business sector.

The specialized department guides the implementation of legal regulations for female workers and ensures gender equality, elderly workers, workers with disabilities, minor workers, domestic workers and some other workers; guides and organizes the implementation of legal regulations on labor re-leasing in the locality.

The Ministry of Home Affairs is soliciting comments on this draft on the Ministry's Electronic Information Portal.