Implementing the organizational arrangement of ministries, ministerial-level agencies, and government agencies

Prime Minister Pham Minh Chinh chairs a Government meeting. Photo: VGP/Nhat Bac

The Resolution clearly states that, in order for the work of reorganizing the state apparatus to be carried out uniformly immediately after the Government issues the Decree stipulating the functions, tasks, powers and organizational structure of ministries, ministerial-level agencies, and agencies under the Government, the Government resolves:

1- On the organization and implementation of information, propaganda and mobilization work

Ministries, ministerial-level agencies, and government agencies are responsible for organizing the implementation of the Decree stipulating the functions, tasks, powers, and organizational structure of ministries, ministerial-level agencies, and government agencies immediately after the Government issues the Decree in appropriate forms and ways.

Inform, propagate and mobilize cadres, civil servants, public employees and workers to strictly implement the policies and regulations of the Party, the National Assembly and the Government; do well the political and ideological work, create high unity in the awareness and actions of cadres, civil servants, public employees and workers in the process of arranging and perfecting the organizational structure of ministries, ministerial-level agencies and government agencies.

2- On reviewing, amending, supplementing and abolishing documents

The Ministry of Home Affairs shall preside over and coordinate with relevant ministries, ministerial-level agencies, and government agencies to continue reviewing and perfecting the law on organizational structure, decentralization, and delegation of powers in the spirit of Resolution No. 04/NQ-CP dated January 10, 2022 of the Government on promoting decentralization and delegation of powers in state management.

Ministries, ministerial-level agencies, and government agencies shall review legal documents they have drafted in their respective sectors and fields of management, promptly amend, supplement, or abolish them according to their authority, or propose to competent authorities to amend, supplement, or abolish documents according to an appropriate roadmap.

No later than 06 months from the effective date of the Decree regulating the functions, tasks, powers and organizational structure of ministries, ministerial-level agencies and government agencies, ministries, ministerial-level agencies and government agencies shall be responsible for promulgating documents regulating the functions, tasks, powers and organizational structure of administrative organizations and public service units under the organizational structure of ministries, ministerial-level agencies and government agencies. For documents regulating the functions, tasks, powers and organizational structure of general departments and bureaus proposed by ministries to the Government to assign specialized inspection functions according to the provisions of the Law on Inspection, the completion deadline is before July 1, 2023.

For administrative organizations and public service units established through rearrangement and reorganization, within 06 months from the effective date of the Decree stipulating the functions, tasks, powers and organizational structure of ministries, ministerial-level agencies and government agencies, the competent authority shall be responsible for completing the rearrangement and reorganization procedures and issuing documents stipulating the functions, tasks, powers and organizational structure of the organizations and units.

3- On the authority to handle administrative violations

If the General Department is reorganized into departments and divisions, and if the departments under the Ministry are reorganized into divisions, the administrative sanctioning function of the General Department and Divisions shall be performed by the Inspectorate of the Ministry, the Departments under the Ministry, and the People's Committees at all levels with the authority to sanction according to the provisions of law until there are new regulations to replace them.

Ministries, ministerial-level agencies, and government agencies within their management scope are responsible for reviewing and identifying positions that are currently authorized to impose penalties but have changed duties and powers when implementing plans to rearrange and reorganize administrative organizations:

- In case organizations under ministries, ministerial-level agencies, and Government agencies are assigned to perform specialized inspection functions, after being reorganized, there are changes in tasks and powers but they continue to be assigned to perform specialized inspection functions, the positions of these organizations shall be assigned by the Government to have the authority to impose sanctions according to Article 46 of the Law on Handling of Administrative Violations.

- In case the organizations under ministries, ministerial-level agencies, and agencies under the Government are not agencies assigned to perform specialized inspection functions after being rearranged, but have changes in tasks and powers, or are agencies assigned to perform specialized inspection functions but after being rearranged are no longer assigned to perform specialized inspection functions, the positions of these organizations shall be prescribed by the Government with the authority to impose sanctions after receiving the consent of the National Assembly Standing Committee according to Clause 2, Article 53 of the Law on Handling of Administrative Violations.

Based on the results of the review and classification, ministries, ministerial-level agencies, and government agencies shall propose specific amendments and supplements to the authority to sanction administrative violations in the Decrees on sanctioning administrative violations in the management field. The review results and proposed contents shall be sent to the Ministry of Justice before March 15, 2023.

In case the title of the position with authority to sanction administrative violations changes in name but there is no change in duties and powers, the sanctioning authority of that position remains the same. Ministries, ministerial-level agencies, and agencies under the Government shall review and send to the Ministry of Justice for synthesis to propose amending the names of the positions to match the new positions in the Decree amending and supplementing a number of articles of the decrees regulating sanctioning administrative violations in areas related to the authority to sanction administrative violations of the positions.

The Ministry of Justice synthesizes proposals from ministries, ministerial-level agencies, and government agencies and prepares a Government Report to submit to the Standing Committee of the State Council for comments on changes in duties and powers of positions with authority to handle administrative violations (if any). The completion deadline is the second quarter of 2023.

Based on the synthesis of proposals from ministries, ministerial-level agencies, government agencies, and opinions of the National Assembly Standing Committee (if any), the Ministry of Justice shall draft a Government Decree amending and supplementing a number of articles of the decrees regulating administrative sanctions in areas related to the authority to sanction administrative violations of positions according to simplified procedures and order, and submit it to the Government for promulgation before July 1, 2023.

4- On performing specialized inspection functions

The agency assigned to perform specialized inspection functions according to the provisions of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government regulating the agency assigned to perform specialized inspection functions and specialized inspection activities and the Decrees regulating the organization and inspection activities of sectors and fields in a number of fields where the name of the organization at the department or branch level has changed (without changing the functions and tasks) when rearranging the organizational apparatus or in the case of merging/consolidating departments and branches, the new organization is allowed to continue performing specialized inspection functions until there are new regulations to replace them.

In case the General Department is reorganized into departments and divisions (with changes in functions and tasks), the specialized inspection function of the General Department shall be performed by the reorganized department from the General Department after reaching an agreement with the Government Inspectorate; in case of disagreement, it shall be performed by the Ministry Inspectorate.

In case the department is reorganized into a department, the specialized inspection function of the department shall be performed by the Ministry Inspectorate.

The Government Inspectorate guides ministries, ministerial-level agencies, and government agencies in implementing the law on specialized inspection. In case of difficulties or problems, report to the Government and the Prime Minister.

5- On resolving some problems and difficulties when reorganizing general departments into departments, and departments under ministries into offices

Regarding the settlement of administrative procedures related to people and businesses:

Ministries, ministerial-level agencies, and government agencies shall promptly issue documents assigning units under ministries, ministerial-level agencies, and government agencies to continue implementing administrative procedures related to people and businesses and publicly announce them on the electronic information portals of ministries, ministerial-level agencies, and government agencies and other appropriate forms for people and businesses to know and implement. The deadline for completion is before March 15, 2023.

On the national focal point in implementing international commitments of which Vietnam is a member:

Ministries, ministerial-level agencies, and government agencies shall proactively review the contents of international treaties and international agreements that the general departments under ministries and ministerial-level agencies are assigned to represent the Socialist Republic of Vietnam; develop a handling plan and issue a written notice on the change of the agency or organization that acts as the focal point and organizes the implementation of international treaties and international agreements (if any). The deadline for completion is before March 15, 2023.

Ministries and ministerial-level agencies in charge of implementing international treaties and international agreements shall discuss and coordinate with the Ministry of Foreign Affairs when there are difficulties or problems in foreign affairs, to find solutions, and, if necessary, report to the Government and Prime Minister for consideration and decision.

6- On the arrangement of cadres, civil servants, public employees and the settlement of regimes and policies

Ministries, ministerial-level agencies, and agencies under the Government are responsible for reorganizing the apparatus, evaluating, classifying, and arranging the staff, civil servants, and public employees in newly established administrative organizations and public service units after the reorganization, ensuring the selection of qualified and capable people to take on new job positions; developing plans, roadmaps, and implementing the arrangement of the number of leaders, managers, and redundant cadres, civil servants, and public employees in conjunction with streamlining the payroll in newly established administrative organizations and public service units.

Resolve the regime and policies for redundant cadres, civil servants, public employees, and workers in the process of restructuring the apparatus according to the Government's regulations on recruitment, use, and management of cadres, civil servants, and public employees; resolve the termination regime, staff streamlining policy, and other policies according to current laws; reorganize the number of deputies of heads of organizations and units after restructuring the apparatus according to current laws.

Review, develop and complete the list and number of job positions, adjust the number of staff to suit the organizational structure after restructuring.

7- Regarding finance, assets and issuance, change and revocation of seals

Ministries, ministerial-level agencies, and agencies under the Government shall develop plans and projects to receive and hand over assets, finances, and debts (if any); use the offices, assets, and facilities of organizations and units that are dissolved or reorganized to ensure effective use, avoid waste, and loss of assets when putting them into exploitation and use; and carry out procedures for granting and revoking seals when reorganizing organizations according to current laws.

The management and handling of state budget and public assets of agencies and units under ministries, ministerial-level agencies and government agencies when reorganizing their apparatus shall comply with the provisions of law on state budget management and public asset management. In case of difficulties or problems, ministries, ministerial-level agencies and government agencies shall be responsible for discussing and coordinating with the Ministry of Finance to find a solution.

The Ministry of Public Security and the Ministry of National Defense provide guidance on registration, issuance, re-issuance and revocation of seals of organizations and units when restructuring and reorganizing according to their authority.

8- Ministries, ministerial-level agencies, and government agencies promote the implementation of the autonomous mechanism.of affiliated public service units according to the requirements of Resolution No. 19-NQ/TW and the Government's regulations on the establishment, reorganization, and dissolution of public service units, and on the number of employees in public service units. 9- On strengthening capacity and allocating resources to ensure operating conditions for newly established organizations.

Ministries, ministerial-level agencies, and government agencies are responsible for strengthening the capacity of newly established organizations and stabilizing their work; paying attention to allocating resources and organizing work reasonably and effectively to ensure smoothness and timeliness in handling work with people, organizations, units, and businesses.