Nghị định 171/2004/NĐ-CP quy định tổ chức các cơ quan chuyên môn thuộc Uỷ ban nhân dân tỉnh, thành phố trực thuộc Trung ương

DECREE

PRESCRIBING THE ORGANIZATION OF PROFESSIONAL AGENCIES UNDER THE PEOPLE'S COMMITTEES OF THE PROVINCES AND CENTRALLY-RUN CITIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Organization of the People's Councils and People's Committees;
At the proposal of the Minister of Home Affairs,

DECREES

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

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2. Professional agencies under the provincial-level People's Committees include the provincial/municipal Services and service-equivalent agencies (hereinafter referred collectively to as Services).

3. The Offices of National Assembly Deputies' Delegations, provincial-level People's Council Offices, Industrial Park Management Boards, Hi-Tech Park Management Boards, Open-Economic Zone Management Boards, Border-Gate Economic Zone Management Boards, non-business organizations attached to the provincial-level People's Committees and hierarchical organizations of central agencies based in localities shall not be governed by this Decree.

Article 2.- Principles for organization of professional agencies under the provincial-level People’s Committees

1. To be highly professional, neat, rational, effective and efficient, meeting the State management requirements in the provincial-level localities and ensuring the uniformity in management of branches or working domains from the central to local level.

2. To be organized for multi-branch and -domain management in the provincial-level localities; it is unnecessary to organize at the provincial level organizations corresponding to ministries, ministerial-level agencies or agencies attached to the Government at the central level.

3. To be suitable to the natural conditions, population and socio-economic development situation of each locality as well as the State administrative reform requirements.

4. To strictly comply with the competence, order and procedures for setting up the professional agencies prescribed in this Decree and other relevant law provisions.

Article 3.- Positions and functions of professional agencies under the provincial-level People's Committees

1. The professional agencies under the provincial-level People's Committees shall act as advisory bodies, assisting the provincial-level People's Committees in performing the State management functions in the localities, perform some tasks and exercise some powers under the authorization of the provincial-level People's Committees and law provisions; contribute to ensuring the uniform management of branches or working domains from the central to local level.

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Article 4.- Tasks and powers of the professional agencies under the provincial-level People's Committees

1. To submit to the provincial-level People's Committees for promulgation decisions and directives on matters falling within their assigned State management domains.

2. To submit to the provincial-level People's Committees plannings as well as long-term, five-year and annual plans on the assigned State management domains.

3. To submit to the provincial-level People's Committees programs and measures for the performance of the State administrative reform tasks in the assigned domains.

4. To propose the presidents of the provincial-level People's Committees to decide on the establishment, merger and dissolution of their attached units according to law provisions; to provide for the functions, tasks and powers of their attached sub-departments.

5. To propose the presidents of the provincial-level People's Committees to promulgate criteria and titles for heads and deputy-heads of professional agencies under the People's Committees of rural districts, urban districts, provincial capitals and cities (hereinafter referred collectively to as district-level People's Committees) within the branches or domains under their management.

6. To organize the realization of legal documents as well as planning and plans after they are approved; to popularize, disseminate and educate in the legislation on domains falling within their State management scope.

7. To carry out and bear responsibility for the expertise, registration and grant of permits, diplomas and certificates within the scope of their management responsibility according to law provisions or under the assignment or authorization by the provincial-level People's Committees.

8. To assist the provincial-level People's Committees in performing the State management over enterprises, collective-economy and private-economy organizations, associations and non-governmental organizations in their management domains according to law provisions.

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10. To enter into international cooperation in their management domains according to law provisions or under the assignment or authorization by the provincial-level People's Committees.

11. To provide professional guidance on their management domains to professional agencies under the district-level People's Committees.

12. To organize the research into, and application of, scientific and technical advances; to build an information and archival system in service of the State management work and their professional operations.

13. To undertake the work of information provision as well as regular and irregular reporting on the implementation of assigned tasks according to the regulations of the provincial-level People's Committees and the ministries, ministerial-level agencies or agencies attached to the Government.

14. To examine and inspect law observance by individuals and organizations in their management branches and domains; to settle complaints and denunciations and combat corruption and wastefulness according to law provisions or under assignment by the provincial-level People's Committees.

15. To prescribe functions, tasks and powers of the offices, professional sections and non-business units under their management; to manage payroll and comply with wage regime as well as policies and regimes of preferential treatment, commendation, reward, discipline as well as professional training and fostering for officials and employees under their management according to law provisions.

16. To manage their finance and assets according to law provisions and under assignment by the provincial-level People's Committees.

17. To perform a number of other tasks assigned by the provincial-level People's Committees.

Article 5.- Organizational structure of professional agencies under the provincial-level People's Committees

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1. The office, the inspectorate and professional sections;

2. The sub-departments (not necessary for all professional agencies);

3. Non-business organizations (not necessary for all professional agencies).

Article 6.- Heads of professional agencies under the provincial-level People's Committees

1. Heads of professional agencies under the provincial-level People's Committees shall bear responsibility before the provincial-level People's Committees, the presidents of the provincial-level People's Committees and law for the performance of assigned functions, tasks and powers.

2. Deputy-heads of professional agencies under the provincial-level People's Committees are those who assist the heads in directing a number of working domains and bear responsibility before the heads for assigned tasks. When the heads are absent, one of their deputy-heads shall be authorized by the heads to administer operations of the provincial-level professional agencies.

The number of deputy-heads of a professional agency under the provincial-level People's Committee shall not exceed three.

3. The transfer, rotation, commendation, reward and discipline, resignation and retirement of, as well as implementation of regimes and policies for, heads and deputy-heads of the professional agencies under the provincial-level People's Committees shall be decided by the presidents of the provincial-level People's Committees according to law provisions.

Article 7.- Working regimes and responsibilities of the heads of professional agencies under the provincial-level People's Committees

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2. The heads of professional agencies under the provincial-level People's Committees shall base themselves on law provisions and assignment of the provincial-level People's Committees to promulgate working regulations and reporting regimes of their respective agencies and direct and inspect the implementation of such regulations after they are approved.

3. The heads of professional agencies under the provincial-level People's Committees shall have to perform their functions, tasks and powers as well as work assigned or authorized by the provincial-level People's Committees or presidents of the provincial-level People's Committees; to practice thrift, combat wastefulness and bear responsibility for the occurrence of corruption, causing damage to organizations or units under their management.

4. The heads of professional agencies under the provincial-level People's Committees shall have to report to the provincial-level People's Committees and presidents of the provincial-level People's Committees as well as the branch-managing ministries, ministerial-level agencies and agencies attached to the Government on the organization and operation of their agencies; to ask for their opinions on issues falling beyond their competence and report on work situation to the People's Councils and People's Committees when so requested; to coordinate with the heads of other professional agencies and/or socio-political organizations of the same level in handling issues related to their functions, tasks and powers.

Chapter II

ORGANIZATION OF PROFESSIONAL AGENCIES UNDER PROVINCIAL-LEVEL PEOPLE'S COMMITTEES

Article 8.- Professional agencies under the provincial-level People's Committees shall be organized uniformly

1. The Home Affairs Services: To advise and assist the provincial-level People's Committees in performing the function of State management over home affairs, covering: organizational apparatuses and payrolls of administrative and non-business agencies; administrative reform; organization of local administrations, management of administrative boundaries; State officials and employees, cadres and employees in communes, wards and townships; associations and non-governmental organizations.

2. The Finance Services: To advise and assist the provincial-level People's Committees in performing the function of State management over finance, State budget, taxes, charges, fees and other State budget revenues, State-run financial funds, financial investment, enterprise finance, accounting, audit, pricing and financial service activities in localities according to law provisions.

3. The Planning and Investment Services: To advise and assist the provincial-level People's Committees in performing the function of State management over planning and investment, covering the following fields: synthesis of socio-economic development plannings and plans; organization of the implementation of mechanism and policies on socio-economic management in the localities; domestic and foreign investment in the localities; management of official development assistance (ODA), bidding and business registration in the localities.

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5. The Industry Services: To advise and assist the provincial-level People's Committees in performing the function of State management over industries, cottage industries and handicraft, including: mechanics, metallurgy and chemicals (including pharmaceutical chemicals), electricity, oil and gas (if any), mining industry, industrial explosives, consumer goods, food industries and other processing industries.

6. The Construction Services: To advise and assist the provincial-level People's Committees in performing the State management over construction in the localities, covering: construction, construction materials, dwelling houses and working offices, architecture, urban construction planning and planning on building rural population quarters; urban technical infrastructure (including pavements, thoroughfares, water supply and drainage, lighting, greenery and parks, urban garbage, cemeteries and car parks in urban centers).

7. The Transport Services (Transport and Public Works Services in centrally-run cities): To advise and assist the provincial-level People's Committees in performing the function of State management over land and inland waterway transport.

For Transport and Public Works Services, apart from being subject to the above-stated regulations, they shall have to advise and assist the municipal People's Committees in performing the function of State management over urban technical infrastructure, including: water supply and drainage, urban sanitation and environment, greenery and parks, lighting, garbage and car-parks.

8. The Natural Resources and Environment Services: To advise and assist the provincial-level People's Committees in performing the function of State management over land, water and mineral resources, environment, meteorology and hydrology, measurement and cartography.

9. The Trade and Tourism Services: To advise and assist the provincial-level People's Committees in performing the function of State management over trade and tourism, covering: domestic goods circulation as well as import and export; market control; protection of consumers' interests; management of competition, anti-monopoly and dumping; trade promotion, e-commerce, registration of establishment of representative offices and branches of Vietnamese traders and tourism enterprises operating in trade and tourism domains in foreign countries and of foreign traders operating in trade and tourism domains in Vietnam.

10. The Science and Technology Services: To advise and assist the provincial-level People's Committees in performing the State management over scientific and technological activities, development of scientific and technological potentials; standardization, metrology and quality of products and goods; goods labels and intellectual property (except copyrights over literary and art works and goods labels); radioactive and nuclear safety.

11. The Education and Training Services: To advise and assist the provincial-level People's Committees in performing the function of State management over education and training (except job-training).

12. The Health Services: To advise and assist the provincial-level People's Committees in performing the function of State management over people's health care and protection, covering: preventive medicine; medical examination and treatment; functional rehabilitation; traditional medicine, preventive and curative medicines for human use and cosmetics directly affecting human health; food safety and hygiene and medical equipment and facilities.

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14. The Labor, War Invalids and Social Affairs Services: To advise and assist the provincial-level People's Committees in performing the function of State management over labor, employment, labor safety, job-training, policies towards war invalids, martyrs and people with meritorious services, social relief, prevention and combat of social evils, social insurance, salary and wage in production and business sector.

15. The Justice Services: To advise and assist the provincial-level People's Committees in performing the function of State management over the formulation, examination and handling of legal documents, law propagation and education, execution of civil judgments, notarization, residence, nationality, judicial records, lawyers, legal consultancy, legal aids, judicial expertise, grassroots reconciliation, property auction, trade arbitration and other juridical works according to law provisions.

16. The Post and Telematics Services: To advise and assist the provincial-level People's Committees in performing the function of State management over post and telecommunications, electronics, Internet, transmission and broadcasting, radio frequency, information technology and communication infrastructure.

17. The provincial inspectorate is a professional agency under the provincial-level People's Committee, which is tasked to assist the People's Committee of the same level in performing the function of State management over inspection work and perform administrative-inspection tasks and powers within the State management scope of the provincial-level People's Committee.

18. The Committees for Population, Family and Children: To advise and assist the provincial-level People's Committees in performing the function of State management over population, family and children.

19. The Offices of the provincial-level People's Committees (functions, tasks, powers and organizational structures of the Offices of provincial-level People's Committees shall be prescribed by the Government).

Article 9.- The professional agencies under the provincial-level People's Committees shall be organized according to the particularities of each locality

Based on the natural conditions, population, socio-economic development situation and State management requirements in their respective localities, the provincial-level People's Committees may propose the provincial People's Councils to decide on the establishment of a number of professional agencies on the basis of the following criteria:

1. The External Affairs Services

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b/ For provinces without borderline, the following conditions must be met:

- Having industrial parks, export-processing zones, hi-tech parks, open economic zones or border-gate economic zones set up under the Government's or the Prime Minister's decisions.

- Having national tourist resorts or cultural heritages recognized by the UNESCO.

c/ The External Affairs Services shall advise and assist the provincial-level People's Committees in performing the function of State management over diplomatic activities, national border and territory (in provinces with land borderlines) according to law provisions.

d/ For provinces failing to fully satisfy the criteria for setting up External Affairs Services as prescribed at Points a and b, Clause 1 of this Article, they may set up External Affairs Sections attached to the provincial-level People's Committee Offices.

2. The Tourism Services

a/ Tourism Services shall be set up in provinces where exist national or regional tourist resorts with typical tourist products; cultural and historical tourism, sight-seeing, research and convalescence tourism or provinces where tourism is determined as a key economic branch which plays an important role in economic restructuring and employment in the localities.

b/ The Tourism Services shall advise and assist the provincial-level People's Committees in performing the function of State management over tourism, registration for establishment of representative offices of foreign traders and foreign tourist enterprises operating in tourism domain.

c/ In cases where the Tourism Services are set up separately, the Trade and Tourism Services shall be renamed the Trade Services and their functions, tasks and organizational structures shall be properly adjusted.

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a/ Fisheries Services shall be set up in coastal provinces or provinces where fisheries constitute a major economic branch which plays an important role in economic restructuring and employment in the localities.

b/ The Fisheries Services shall advise and assist the provincial-level People’s Committees in performing the function of State management over aquaculture as well as exploitation, processing, protection and development of aquatic resources.

c/ In cases where the Fisheries Services are set up separately, fisheries-related functions and tasks of the Agriculture and Rural Development Services shall be transferred to the Fisheries Services.

4. The Physical Training and Sports Services

a/ Physical Training and Sports Services shall be set up in provinces where mass movements of physical training and sports and high-achievement sports develop, where exist technical and material foundations such as stadiums, gymnasiums or training centers up to the standards prescribed for the provincial or higher level.

b/ The Physical Training and Sports Services shall advise and assist the provincial-level People's Committees in performing the functions of State management over physical training and sports.

c/ In cases where the Physical Training and Sports Services are set up, the Culture-Information, Physical Training and Sports Services shall be renamed the Culture and Information Services and their functions, tasks and organizational structures shall be properly adjusted.

5. Hanoi and Ho Chi Minh city may set up the Planning and Architecture Services.

The Planning and Architecture Services shall advise and assist the municipal People's Committees in performing the function of State management over architecture, urban construction planning, and rural population quarter-construction planning.

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7. The Ethnic Boards: Criteria for the establishment of the Ethnic Boards shall comply with the Government's Decree No. 53/2004/ND-CP of February 18, 2004 on consolidating the organization of ethnic affairs apparatuses under the People's Committees of all levels.

8. The Forest Ranger shall be organized according to hierarchical system; the functions, tasks, powers and organizational structure thereof shall be decided by the Prime Minister.

Chapter III

TASKS AND POWERS OF THE MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AGENCIES ATTACHED TO THE GOVERNMENT AND PROVINCIAL-LEVEL PEOPLE'S COMMITTEES REGARDING THE ORGANIZATION OF PROFESSIONAL AGENCIES

Article 10.- The Minister of Home Affairs

1. In necessary cases, to propose the Prime Minister to decide on the establishment, merger or dissolution of professional agencies under the provincial-level People's Committees, aiming to meet the requirements of State management and the Government's management decentralization.

2. To coordinate with the branch-managing ministries, ministerial-level agencies and agencies attached to the Government in providing detailed guidance on functions, tasks, powers and organizational structures of professional agencies under the provincial-level People's Committees.

3. To inspect, examine and settle complains and denunciations on the organization of professional agencies under the provincial-level People's Committees according to the provisions of this Decree and other relevant law provisions.

Article 11.- The ministers, the heads of the ministerial-level agencies and heads of the agencies attached to the Government

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2. To promulgate criteria for the titles of heads and deputy-heads of professional agencies under the provincial-level People's Committees according to branches, domains under their management.

3. To provide professional direction and guidance for and professionally examine professional agencies under the provincial-level People's Committees according to branches, domains under their management as prescribed by law.

4. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, guiding the functions, tasks, powers and organizational structures of professional agencies under the provincial-level People's Committees.

Article 12.- The provincial-level People's Committees

1. To submit to the provincial-level People's Councils:

a/ For approval, the structures of professional agencies under the provincial-level People's Committees as prescribed in Article 8 of this Decree;

b/ For decision, the establishment, merger or dissolution of a number of professional agencies under the provincial-level People's Committees as prescribed in Article 9 of this Decree.

2. To detail the tasks, powers and organizational structures of professional agencies under the provincial-level People's Committees according to the provisions of this Decree and other relevant legal documents.

Article 13.- The presidents of the provincial-level People's Committees

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2. Annually, to report on the organization and operation of provincial-level professional agencies to the provincial-level People's Councils and the Minister of Home Affairs.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.- Implementation effect

1. This Decree takes effect 15 days after its publication in the Official Gazette.

The provincial-level People's Committees shall complete the reorganization of professional agencies of the same level within 90 days after the effective date of this Decree.

2. To annul Decree No. 152/HDBT of December 13, 1983 of the Ministers Council on the tasks, powers and organizational structures of professional agencies under the provincial/municipal People's Committees, the Government's Decree No. 39/CP of May 18, 1994 on organizational system and tasks and powers of forest ranger, the Government's Decree No. 01/1998/ND-CP of January 3, 1998 on local medical system, and the Government's Decree No. 12/2001/ND-CP of March 27, 2001 on reorganizing a number of professional agencies under the provincial/municipal People's Committees and People's Committees of urban districts, rural districts, provincial capitals or cities.

Article 15.- Implementation responsibilities

1. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with the Minister-Director of the Government's Office in, urging and inspecting the implementation of this Decree and report the implementation results to the Prime Minister.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai