Decree No. (1) of 2012 on determining the competencies of deputy ministers and assistant deputy ministers

Decree No. (1) of 2012

on determining the competencies of deputy ministers and assistant deputy ministers

The Cabinet

Upon review of:

• The Constitutional Declaration;
• The law of the financial system of the State of Libya, and budget, accounting and inventory regulation and amendments;
• Law No. (12) of 2010 issuing the Labour Relations Law and its executive regulation;
• The statement declaring the establishment of the Interim National Transitional Council;
• The statute of the Interim National Transitional Council;
• National Transitional Council Resolution No. (184) of 2011 on adopting the transitional government;
• Cabinet Decree No. (11) of 2011 on the appointment of deputy ministers and assistant deputy ministers;
• The proposal of the Minister of Labour and Capacity Building on 17/12/2011;
• And the Cabinet’s decision during its seventh ordinary session of 2011;

has decreed:

Article (1)

Deputy ministers shall oversee the activities of ministries, issue decisions and instructions regulating the workflow, and distribute them to employees. They may contact all government agencies and request any information or data and these agencies shall cooperate with them to implement the tasks assigned to them. In particular, deputy ministers shall do the following:

1. Propose and develop plans to implement the visions of the ministry.
2. Monitor the daily work of the ministry’s administrative unit.
3. Monitor administrative and financial affairs and the remaining professional divisions of the departments, offices, and sections — depending on the circumstances — and exercise their competencies in accordance with the legislation in force.
4. Oversee the preparation of the topics to be presented to the minister.
5. Monitor the implementation of decisions issued by the ministry and prepare the necessary periodic reports in their regard.
6. Propose the formation of a Procurement Committee and adopt its minutes.
7. Chair the Personnel Affairs Committee and other committees assigned by the minister and monitor the decisions they issue.
8. Sign contracts concluded by the ministry to provide services or mandate advisory committees, with the approval of the minister.
9. Propose the formation of technical and advisory committees to study different topics.
10. Monitor the work of committees formed within the ministry.
11. Oversee the preparation of the general budget and the preparation of the final account and the annual report.
12. Propose granting incentive bonuses and awards of the committees formed to study certain matters.
13. Issue decisions on granting petty cash.
14. Prepare periodic reports on the ministry tasks and workflow.
15. Other competencies entrusted to them in accordance with the legislation in force.

Article (2)

Assistant deputy ministers shall exercise the competencies prescribed for deputy ministers in the event of absence or hindrance. They shall also exercise the competencies of deputy ministers within certain administrative boundaries when assigned to do so under the competencies specified in this decree and exercise the competencies the minister or the deputy minister assigns to them, in a manner that does not contravene legislation.

Article (3)

In ministries where there is more than one deputy minister, deputy ministers shall exercise the competencies specified in this decree, each in accordance with the mechanism set by the relevant minister.

In some ministries, deputy ministers shall exercise the competencies specified in this decree within the limits of the affairs entrusted to them.

Article (4)

This decree shall enter into force from its date of issuance. The concerned entities shall implement this decree and it shall be published in various media outlets.

The Cabinet — Libya

Issued on: 05/01/2012