DECISION

About position, function, mission, authority and organizational structure of

Hanoi Home Affair Department

___________________

HANOI PEOPLE'S COMMITTEE

Based on People's Council and People's Committee Organizing Law on November 26^th 2003;

Based on Decree 13/2008/NĐ-CP on February 2^nd 2008 of the Government regulate specialty agencies organizing under people committee of provinces, cities under the Central Government;

Based on Decree 55/2011/NDD-CP on July 4^th 2011 of the Government regulate functions, tasks, authority, organizing mechanism, organizing legislation; Decree 63/2010/NDD-CP on June 8^th 2010 of the Government about administrative formalities control;

Based on Circular 04/2008/TT-BNV on June 4^th 2008 of Ministry of Home Affair guides functions, tasks, authorities and organizational structure of Home affair Department, Home affair Department under people committee of provinces, districts; Circular 06/2008/TT-BNV August 21^st 2008 modified and added Clause 2 Section III Part I of Circular 04/2008/TT-BNV on June 4^th 2008 of of Ministry of Home Affair instructs functions, tasks, authorities and organizational structure of Home affair Department; Home affair Division under people committee of provinces, districts; Circular 01/2010/TT-BNV on April 16^th 2010 of Ministry of Home Affair guides functions, tasks, authorities and organizational structure of Board of Emulate – Commend and Reward under Home affair Department under people committee of provinces, cities under the Central Government; Circular 02/2010/TT-BNV on april 28^th of Ministry of Home Affair instructs functions, tasks, authorities and organizational structure of Documentation and Archive under Ministry or Ministry level offices under the Government and People's Committee at many levels; Circular 04/2010/TT-BNV May 20^th 2010 of Ministry of Home Affair instructs functions, tasks, authorities, organizational structure and personnel of Religion Board under Home affair Department under People's Committee of Provinces, Cities under the Government; Circular 04/2011/TT-BNV on February 10^th 2011 of Ministry of Home Affair instructs and add tasks, organization and personnel of Home affair Department, Home affair Division under People's Committee of Provinces, districts about youth assignment.

Implementing Decision 616-QĐ/TU on April 29^th 2011 of Hanoi City Committee about establishing regulation about regimes, policies to officer; Decision 617-QDD/TU on April 29^th 2011 of Hanoi City Committee about establishing regulation to organize funerals and groups to visit deceased officers under City Committee and their relatives through periods;

Considering Director of Hanoi Home Affair Department request in Statement 2168/TTr-SNV December 14^th 2011 about requesting functions, tasks, authorities and organizational structure of Home affair Department.

DECISION:

Clause 1. Position, functions

1. Home affair Department is a specialty agency under Hanoi People's Committee, has a legal personality, a seal and a private account; works under the command of Hanoi People's Committee in term of organization, personnel and business management, simultaneously works

under specialty and professionally instructions, examination, and command of Ministry of Home Affair.

2. Home affair Department has advising function, support People's Committee to implement public management in term of home affair areas, including: organizational mechanism; administrative and state agencies personnel; administrative innovation; local authorities; administrative border line; state officers, staff; officers of communes, wards, towns; documentation and archive, religion; commend-reward; youth assignment; organizational mechanism, leadership and management of state-owned companies of this city and other association, funds, NGO working in this city area.

Clause 2. Functions and authorities

1. To submit City People's Committee decision drafts, instructions; masterplan, long term plans, 5 years plans, annual plans and projects, schemes; programs under state management of Department in this city area.

2. To perform legal documents , inspected masterplans, plans, schemes, projects, programs; to inform, to propagandize, to instruct, to examine, to educate about state management terms,

3. Organizational mechanism:

a) To submit City People's Committee Decisions about devolving organizational structure management of state specialty offices, public service units under City People's Committee, other People's Committee of Districts, towns.;

b) To assess and submit City People's Committee functions, tasks, authorities, organizational structures of specialty offices, branches, public service units under specialty offices and public service units under City People's Committee; establishing, merging and dissolving projects of public service units under City People's Committee thus City People's Committee can act according to regulations;

c) To assess, submit President of City People's Committee decisions to establish, dissolve and merge other agencies under city according to legal regulations;

d) To advise, support City People's Committee to create projects to establish, dissolve and merge specialty offices under City People's Committee, other People's Committee of districts, towns according to regulations thus City People's Committee can submit City People's Council to decide;

đ) To coordinate with specialty offices and instruct People's Committee of districts, towns to regulate functions, tasks, authorities, organizational structures of specialty divisions and public service units under People's Committee of districts, towns;

e) To organize, coordinate to state offices of this city to instruct, follow, and examine the categorizing and rating administrative offices, public service units according to laws.

4. Administrative and public service personnel management and employment

a) To instruct and assess personnel plans, annual public service plans of offices, organizations, public service units of this city; to prepare statistics, summarize, report the status of officers personnel and public service personnel management

b) To periodically collect, construct and report to City People's Committee the result of officers personnel and public service personnel employment determined in the previous year; to submit officers personnel plans, public service personnel to higher level agencies (submit officers personnel to Ministry of Home Affair, submit public service personnel to City People's Council);

c) To advise, report to City People's Committee and City People's Council to determine officers personnel in agencies of People's Council, People's Committee, public service units of City People's Committee, People's Committee of districts, towns to balance with total officer personnel determined by Ministry of Home Affair and total public service personnel determined by City People's Council;

d) To instruct, examine the personnel management and employment of specialties agencies under City People's Committee, People's Committee of districts, towns and public service units according to laws.

5. Administration organizing:

a) To instruct the organizing and operating of local administration system of various levels in this area;

b) To organize and instruct how to elect representatives of People's Councils at many levels, to coordinate to other agencies to organize and instruct how to elect members of the National Assembly according to laws; collect result of elections of members of People's Councils at many levels.

c) To assess, submit results of elections of Presidents, Vice Presidents and others members of People's Committee of districts, towns to City People's Committee. To support City People's Committee, City People's Council to submit election titles according to laws to National Assembly Standing Committee, Government President;

d) To advise City People's Committee, City People's Council about educating and improving members of People's Committee at many levels; prepare statistics about quantity, quality of members of People's Committee and members of People's Council at many levels to collect and report to higher level agencies.

6. Administrative border line examination and administrative units categorizing:

a) To follow, manage administrative border line in this city according to legal regulations and instructions of Ministry of Home Affair,; to prepare projects, protocols about establishing, merging, dissolving, modifying border line, changing administrative unit names, urban upgrading in the area of this city to report to higher level agencies; to instruct and implement after receiving decision of higher level agencies. To support President of City People's Committee to instruct, implement and manage the administrative units classification at many levels according to legal regulations;

b) To collect and manage documents, border line maps, landmark, administrative border line of the city according to instructions of Ministry of Home Affair.

c) To instruct, examine activities of villages, and communities according to legal regulations and Ministry of Home Affair.

7. To instruct, examine reports of Democracy Regulations implementing in towns, wards and other administrative agencies, public service units, state-owned enterprises in the area of this city according to legal regulations.

8. About staff, officers, officials:

a) To support City People's Committee to manage staff, officers, and officials at many levels;

b) To advise and submit documents about officers employment, management, recruitment, education and improvement according to laws to City People's Committee.

c) To unify the management and implementation of educational and improving plans toward staff, officers, and officials inside and outside the country after being accepted by City People's Committee. To instruct, examine the recruitment, management, employment and policy appliance to staff, officers, and officials of this city;

d) To submit decisions of recruitment, assessment, appointment, designation, rotation, commendation, reward, punishment and other policies to staff, officers, officials under City People's Committee to President of City People's Committee.

đ) To assess, submit the list of specialists (must be staff, officers, officials) going abroad or periodical lady/gentleman diplomat policy as representatives of SocialistRepublicofViet Nam in foreign countries according to Representative agencies of SocialistRepublicofViet Nam Laws on June 18^th 2009 to President of City People's Committee;

e) To instruct, examine the implementation of regulations about standard title and staff structures; to recruit, manage and employ officers, officials, staff at many levels of this city according to legal regulations and Ministry of Home Affair; devolving the document management of staff, officers, officials according to laws.

g) To implement some policies to staff:

g.1) To organize, coordinate to City staff Protection and Health-care Board, Office of City People's Committee and other agencies to advise, suggest and serve City leader representative group; to prepare gifts, expenses and transportation mean to visit ill officers in hospital (regulated in Decision 616-QDD/TU on April 29^th 2011 of Hanoi City Committee about policies to officers working in state agencies in the city);

g.2 To organize, coordinate to Office of Members of National Assembly and People's Council, Office of City People's Committee, Department of Labour, War invalids and Social Affairs

to advise, suggest, inform, serve and announce visit groups; to prepare expenses and transportation mean to serve groups which have group leader as a member of Standing Committee; Vice President of People's Council, Vice President of City People's Committee; Directors and Vice directors of agencies in the city to visit officers and their relatives under City Committee management in Decision 617-DQQ/TU on April 29^th 2011 of Hanoi City Committee about regulating funeral organizing and visit group forming to diseased officers and their relatives under City Committee management periodically.

9. About Administrative innovation:

a) To submit decisions to assign specialty agencies under City People's Committee to be responsible of administrative innovation contents to People's Committee such as: policy institution innovation, administrative regulation innovation, administrative system innovation, construct and improve the quality of staff and officers, public finance innovation, administrative modernization; to follow, supervise, examine the implementation according to City People's Committee decisions;
b) To submit decisions about guideline and methods to improve administrative innovation, management effect improvement of authority system at many levels in this city to People's Committee and President of City People's Committee; to organize, coordinate to agencies of Central Government located on the area of this city to implement administrative innovation;

c) To instruct, supervise, and examine other specialty agencies under City People's Committee and People's Committee of districts, wards, towns to implement administrative innovation according to programs and plans determined;

d) To support City People's Committee to collect the implementation of regulations about self –control and self- responsibility in personnel employment to public agencies and rights to implement tasks, organize system and personnel of public service units according to legal regulations;

đ) To collect, construct reports about administrative innovation in monthly congress of City People's Committee; to support City People's Committee to construct reports to the Government President, Ministry of Home Affair about administrative innovation according to legal regulations.

10. About the organizing of associations, funds, NGOs:

a) To assess and submit decisions about establishing; merging; integrating; dissolving; changing name; regulation approval; licensing; license revoking of associations, funds, NGOs working in the area of this city according to legal regulations;

b) To instruct, examine, supervise the regulation implementation of associations, funds, NGOs in the city. To advise City People's Committee to deal with arise problems in the organizing process and implementing of associations, funds, NGOs; to deal with complains and accusations toward associations, funds, NGOs in the area of this city. To coordinate to agencies to help associations, funds, NGOs in the working process effectively according to legal regulations;

c) To organize, coordinate to specialty agencies to submit decisions norm support and other policies to associations to City People's Committee, President of City People's Committee according to legal regulations;

d) To collect the organizing, operating and managing status of associations, funds, NGOs (including branches or representatives agencies of associations, funds, NGOs in the area of the country which have headquarters in Hanoi), annually report to Ministry of Home Affair and City People's Committee.

10. About Youth assignments:

a) To implement legal documents about youth and youth assignment after approval;

b) To coordinate to other agencies of the city to propagandize, educate laws to youth; to deal with important problem about youth and youth assignment;

c) To coordinate to City Committee Organization Board and other agencies, City Youth Union and other youth associations to implement policies about youth and youth assignment;

d) To instruct, examine, the legal regulation implementation about youth and youth assignment; policies implementation in organizing and managing youth, youth assignment of the city;

đ) To implement foreign cooperation activities about youth assigned by City People's Committee according to legal regulations;

e) To implement examination, inspection and deal with complains, accusations related to youth and youth assignment by City People's Committee according to legal regulations;

g) To instruct specialty and profession about youth assignment to agencies, public service units, People's committee of districts, wards, towns.

12. About Emulating, commending – rewarding assignment:

a) To advise, help People's Committee and President of City People's Committee to direct, unify state management in emulate - commend – reward assignment; explain in details guidelines, policies of the Party, government laws about emulate - commend – reward to suit the actual status of the city; To take part in City emulate - commend – reward Council;

b) To advise President of City People's Committee and City emulate - commend – reward Council to organize emulate movements; to instruct, supervise, examine other agencies, Homeland Front, other political – social associations and economical associations to implement emulate movements and commend-reward policy of the Party, Government in the area of the city;

c) To organize, coordinate to Homeland Front, other political – social associations of the city and media offices to discover, propagandize and multiple typical cases.

d) To organize and implement educational plans to improve, instruct professionally to officers who work in term of emulating, commending – rewarding in agencies and enterprise in the area of this city;

đ) To assess commending – rewarding documents of agencies, local authorities, Homeland Front, political – social associations and other local economical associations to submit to City People's Committee to commend-reward;

e) To construct, manage and spend commending – rewarding fund according to legal regulations; to manage, distribute, revoke, exchange reward items depends on levels; to advise and implement the offering and receiving kinds of reward according to legal regulations.

g) To instruct professional guideline about emulate, commending – rewarding.

13. About religion:

a) To advise City People's Committee of directing, instructing, examining and implementing the Party's guidelines and policies, laws of the Government about religion and religion assignment in the area of this city.

b) To propagandize guidelines, policies, laws about religion to staff, officers, officials and followers, dignitaries, monks of all religions in the area of this city;

c) To solve specific religious problems according to laws. To organize, coordinate to other agencies to advise City People's Committee to deal with arise religious problems; be the link between local authorities and religious associations;

d) To instruct state management about religion to Home Affair Division at district levels to deal with specific religious problems according to legal regulations;

đ) To implement the professional education and improvement about religion assignment for staff, officers under department management;

e) To implement policy appliance to religious associations and individuals;

g) To participate in managing vestiges, sight-seeing places related to religion.

14. About documentation, archive:

a) To instruct, examine the implementing policies, regulations about documentation and archive;

b) To assess, submit to higher level agencies to approve ‘'Catalogue of sources and document components must be saved in City History Archive'';

c) To assess, submit to higher level agencies to approve ‘'Catalogue of out of value documents'' of City History Archive;

d) To assess, submit to higher level agencies to approve ‘'Catalogue of out of value documents'' to preserve in offices, associations to be saved in City History Archive;

đ) To instruct agencies, associations to prepare documents, files to submit in time;

e) To collect documents, files to save in time in City History Archive;

g) To categorize, modify, value, prepare statistic, and arrange files and documents;

h) To protect, preserve, prepare statistic of documents;

i) To repair, restore and insure documents;

k) To construct searching tools and exploit, utilize documents;

l) To organize documentation and archive training and improvement;

m) To sum up documentation and archive assignment;

n) To implement emulating – commending – rewarding about documentation and archive;

15. About Stated – owned enterprise management:

a) To instruct, supervise, and examine state –owned enterprises in the city to implement city decisions about organizing of system, leadership and firm management;

b) To coordinate to other higher level offices which manage enterprises and other agencies to construct projects to reorganize, establish, merge, alter, dissolve state – owned enterprises in the city, to submit assessments to City Enterprise Renovation and Development Board, to report to City People's Committee;

c) To organize and coordinate to other agencies to instruct and assess decisions to add and modify producing profession, business and services of state – owned enterprise in the city according to government and city regulations, then to submit those decisions to City People's Committee;

d) To organize and coordinate to other agencies to instruct and assess State - owned enterprise organizing and operating regulations then submit it to City People's Committee (Regulations apply for Corporation, Holding companies and affiliated companies model, Limited liability companies);

đ) To organize, coordinate to other agencies to construct Regulations: State owned companies switched to Joint stock companies by Stockholder Assembly decisions;

e) To implement processes involving staff employment according to government and city regulations such as: assign, re-assign, rotate, appoint; send a representative; resign, dismiss; stop being a representative; assess; educational improvement; commend – reward; discipline; retire; to manage leaders' profiles of state –owned companies and people represent the state – owned capital in companies have state – owned capital;

g) To organize, coordinate to other agencies to assess regulations of company management and supervisor and submit them to City People's Committee.

16. About legislation and administrative formalities control

To carry out any mission related to legislation and administrative formalities control in term of Home Affair field regulated in Decree 55/2011/NĐ-CP on July 4^th 2011 by the Government about functions, tasks, authorities and legislation system organizing; Decree 63/2010/NĐ-CP on June 8^th 2010 by the Government about administrative formalities control.

17. To implement foreign cooperation activities in term of Home Affair field and other fields according to laws and City People's Committee assigned.

18. To implement examination, inspection in home affair activities; to deal with complains, accusations; to prevent and resist corruption, negative expression; to economize and resist waste and deal with law violations in fields assigned by City People's Committee according to legal regulations.

19. To instruct other agencies of the city, People's Committee of districts, wards, towns in specialty and profession about home affair activities and other fields. To support City People's Committee to implement state management function in working fields of other associations under Ministry, government offices and local offices located on the city.

20. To collect, prepare statistic according to Ministry of Home Affair instruction about organize administrative agencies, public service units; quantity of administrative units in districts, wards, towns, communities; quantity of staff, officers, officials of towns, wards, villages; state documentation and archive; religion activities; emulate, commend –reward; youth assignment and other assigned fields.

21. To research, apply scientific development; to construct information and archive system, provide data to serve the management and specialty.

22. To guide other public service activities in department managing fields.

23. To implement information assignment, report City People's Committee and Ministry of Home Affair about mission process according to legal regulations.

24. To manage system, personnel, implement salary policies and commend-reward policies, implement educational improvement in term of specialty and profession to staff, officers, officials of the department according to legal regulations.

25. To manage finance and assets of the department according to legal regulations.

26. To construct regulations about functions, tasks, authorities, system organizing, working connection and leadership responsibilities of association under department according to legal regulations to submit to City People's Committee.

27. To implement tasks, authorities assigned by City People's Committee, President of City People's Committee according to legal regulations.

Clause 3. System organizing and personnel

1. Department leaders:

a) Home Affair Department has a Director and Deputy Directors;

b) The Director is in charge of the Department, having responsibilities to City People's Committee, President of City People's Committee and the laws about all departments activities and the implementation of functions, task, and authorities assigned;

c) Deputy Directors is the one who helps the President to direct some works and has responsibilities to the Director and the Laws about all assigned tasks. When the Director is absent, a Deputy Director is authorized by the Director to run department activities;

d) The Director and other Deputy Directors is designated by President of City People's Committee according to specialty standards regulated by City Committee and City People's Committee and according to laws;

đ) The dismiss, appointment, rotation, commending, rewarding, discipline, resign, retire and implement policies to the Director and Deputy Directors assigned by President of City People's Committee according to legal regulations.

2. Department System Mechanism

2.1. Specialty, professional divisions:

a) Office;

b) Inspectors;

c) Legislation Division;

d) Administrative Innovation Division;

đ) Authority Construction Division;

e) Other departments Management Division;

g) Education – Improvement – Employment Division;

h) Youth Assignment and Association Management Division;

i) Enterprise Personnel Organizing Division;

2.2. Agency and State specialty Management Board:

a) Emulating – Commending – Rewarding Board

b) Religion Board

c) Documentation – Archive Agency

Agency and other Board under Home Affair Department are units established by City People's Committee which have legal personalities, seals, and private accounts to make transaction and operate according to legal regulations.

3. Home Affair Department Personnel:

City People's Committee personnel are determined by City People's Committee annually. Staff, officers and officials of Home Affair Department are assigned according to work positions, titles, standards, officer system regulated in legal regulations.

Clause 4. This Decision has effect after 10 days after being signed. This Decision dismisses Decision 04/2008/QĐ – UBND on August 28^th 2008 by City People's Committee about regulating functions, tasks, organizing mechanism of City People's Committee.

Clause 5. Chief of Office of City People's Committee, Director of Home Affair Department; Leaders of other agencies, departments; President of People's Committee of districts, towns and other offices, individuals related to Home Affair Department have the responsibility to implement this Decision./.