Unofficial Translation

Regulation No. 236 of the Cabinet of Ministers
Riga, 29 April, 2003 (Minutes No. 23, 60.§)
Issued in accordance with Section 1,
Paragraph 16 of the Law on State Administration System

I. General Provisions

1. The Ministry of Defence (hereinafter - the Ministry) is a leading state administrative institution in the field of defence.
2. The Ministry is directly subordinate to the Minister of Defence (hereinafter - the Minister).
3. The Ministry is the highest institution for the State administrative institutions, which are subordinate to the Ministry.

II. Functions, Tasks and Competence of the Ministry

4. The functions of the Ministry shall be as follows:

4.1. to develop the National Defence Policy;

4.2. to organise and co-ordinate the implementation of the National Defence Policy;

4.3. to organise and co-ordinate the implementation of the National Defence in the areas of geodesy, cartography, and geo-spatial information;

4.4. to organise and coordinate the implementation of the National Defence in the areas of military education and science;

4.5. to perform other functions as stipulated by external regulatory acts.

(As amended by Regulation No. 498 of the Cabinet of Ministers on 7th June 2008)

5. In order to ensure the implementation of the above functions, the Ministry shall::

5.1. ensure the development of the National Armed Forces and compliance with the military standards of the North Atlantic Treaty Organization (hereinafter - NATO);

5.2. produce a Military Threat Analysis, develop the National Defence Concept and the National Defence Plan, the National Armed Force Mobilization Plan, and the Host Nation Development Plan;

5.3. ensure the development of a policy in the area of the education and administration of staff involved in the National Defence;

5.4. co-operate with NATO, the European Union and other international security and defence organisations for the development of Security and National Defence policies;

5.5. ensure bilateral and multilateral state cooperation in accordance with National Defence Policy priorities;

5.6. ensure Latvia's participation in international security and defence activities;

5.7. direct the mobilization of the National Armed Forces and the involvement of foreign armed forces, whose support the Cabinet of Ministers considers as necessary;

5.8. develop a unitary system of technical support and logistics for the National Defence, define the political guidelines for the National Armed Forces, as well as develop conceptual documents in the sphere of technical support and logistics;

5.9. develop the policy in the area of soldier social guarantee issues, and ensure social guarantees to the staff of the National Armed Forces in the order defined by regulatory acts;

5.10. issue permits to foreign armed forces in the order defined by regulatory acts, allow for the import or export of arms to/from the Republic of Latvia, register and control the imported arms;

5.11. in cases and in the order defined by regulatory acts, issue permits (licenses) for commercial activity of certain types;

5.12. ensure regulatory act project development, as well as methodological administration and supervision, in the areas of geodesy and cartography;

5.13. develop the basics of the policy aimed at youth military-patriotic education;

5.14. co-ordinate cooperation with scientific organizations in the area of National Defence;

5.15. develop basic provisions for informing society regarding National Defence and international Security Policy issues;

5.16. perform other tasks defined by regulatory acts.

(As amended by Regulation No. 498 of the Cabinet of Ministers on 7th June 2008)
6. The Ministry shall:
6.1. produce draft regulatory acts related to the field, and draft policy planning documents;
6.2. provide feedback on draft regulatory acts and draft policy planning documents produced by other institutions;
6.3. issue administrative enactments in cases stated in the external legal documents;
6.4. ensure the implementation of the field's policy in the State administrative institutions subordinate to the Ministry;
6.5. in accordance with procedures stated in the legal documents, produce and issue suggestions on financing required from the National Budget for the National Defence, as well as for implementation of other activities related to the National Defence as envisaged in the legal documents and the respective policy planning documents and suggestions on financing required from the National Budget for performing the tasks of the Ministry;
6.6. within its competencies, represent the State's interests in international organisations and institutions of the European Union;
6.7. on behalf of the State, execute private legal deals required for ensuring the operation of the Ministry;
6.8. perform inspections of function performance and other inspections in the State administrative institutions subordinate to the Ministry;
6.9. in accordance with procedures stated in the legal documents, co-operate with other State administrative institutions for developing and implementing of a unitary national policy;
6.10. inform the public about the field's policy and the work of institutions subordinate to the Ministry, consult with non-governmental organisations during the decision making process, encourage social dialogue on issues related to the policy development and implementation, as well as involve representatives of the public in the State administration.
(As amended by Regulation No. 411 of the Cabinet of Ministers on 14th June 2005)

7. The rights of the Ministry shall be as follows:
7.1. in events stated in the external legal documents, to demand and receive gratis information and documents from physical entities and legal entities of private rights, which are required for performing the Ministry's tasks;
7.2. to involve representatives of the Ministries, other State administrative institutions, local municipalities and other institutions for solving of issues of the field's policy;
7.3. to participate in activities organised by international organisations, sign international co-operation agreements and co-ordinate the international co-operation;
7.4. to perform financial audit in the State administrative institutions subordinate to the Ministry;
7.5. to implement other rights stated in the legal documents.

III. Structure of the Ministry and Competence of the Officials

8. The work of the Ministry shall be run by the Minister.

9. The Minister shall:
9.1. represent the Ministry without having a special authority;
9.2. issue orders to the State Secretary and political officials of the Ministry;
9.3. issue orders to officials and staff of the Ministry administration, who shall inform a higher official about it;
9.4. issue orders to officials of the National Armed Forces and officials and staff of the administration of the State administrative institutions subordinate to the Minister and the Ministry, and issue internal legal documents binding to them, insofar as stated otherwise in external legal documents;
9.5. within competence stated in the external legal documents, supervise the work of the State administrative institutions and officials subordinate to the Minster or the Ministry, or authorise the respective official from the Ministry to perform these tasks;
9.6. be able to void internal legal documents, decisions and orders, except administrative enactments, issued by the Parliamentary Secretary, State Secretary and other officials of the Ministry Administration;
9.7. be able to void internal legal documents, decisions and orders, except administrative enactments, issued by the administrative officials of the State administrative institutions subordinate to the Minister and the Ministry, if not stated otherwise in the legal documents;
9.8. appoint in positions and dismiss from positions the State Secretary of the Ministry and Heads of the State administrative institutions subordinate to the Ministry, insofar as stated otherwise in the external legal documents;
9.9. define the internal audit system in the Ministry;
9.10. sign international agreements in accordance with procedures set in the external legal documents;
9.11. perform other functions stated in the legal documents.
(As amended by Regulation No. 411 of the Cabinet of Ministers on 14th June 2005)

10. The Commander of the National Armed Forces shall be subordinate to the Minister.

11. The Parliamentary Secretary shall perform duties stated in the Law on State Administration System and other legal documents.

12. The State Secretary shall:
12.1. organise the development of the field's policy and strategy, and the implementation of the field's policy;
12.2. run the administrative work of the institution and ensure the implementation of the Ministry's functions;
12.3. ensure the implementation of orders issued by the Minister and the Parliamentary Secretary;
12.4. set up an efficient structure for the implementation of the Ministry's functions;
12.5. plan financial resources for State administrative institutions subordinate to the Ministry;
12.6. take administrative decisions and issue internal legal documents;
12.7. represent the Ministry without having a special authority;
12.8. issue direct orders to the officials and staff of the Ministry Administration;
12.9. ensure the continuity of the Ministry's operation, if the political leadership of the Ministry has changed;
12.10. co-ordinate the work of the divisions of the Ministry, and the work of institutions subordinate to the Ministry, as well as the co-operation with the National Armed Forces and institutions supervised by the Ministry;
12.11. perform other direct functions of the Head of the State administrative institutions stated in the Law on State Administration System, and functions stated in other legal documents.

13. The State Secretary shall have Deputies. The competence of the Deputy State Secretaries, as well as the Ministry's divisions directly subordinate to the respective Deputy State Secretary shall be defined by the State Secretary.

14. The Divisions of the Ministry are Departments, their Sections and Unaffiliated Sections. Departments, their Sections and Unaffiliated Sections shall be established, reorganised and abolished by the State Secretary. Rules of procedure for Departments, their Sections and Unaffiliated Sections shall be issued by the Head of the respective division after co-ordinating them with the State Secretary.

15. Departments and Unaffiliated Sections shall be subordinate to the State Secretary or Deputy State Secretary in accordance with the division of functions defined by the State Secretary.

16. The Department shall be run by the Director of Department. The Director of Department can have Deputies. The Competence of the Director of Department and his/her Deputies shall be defined in the Civil Servant Position Description or Employment Contract.

17. The Unaffiliated section shall be run by the Head of Section. The Head of Section can have a Deputy. The competence of the Head of Section and his/her Deputy shall be defined in the Civil Servant Position Description or Employment Contract.

18. The Minister and the State Secretary can set up councils, working groups and committees within the Ministry. Authorised representatives of other institutions, as well as private persons can be involved in the above mentioned institutions. By-Laws of the institutions shall be approved respectively by either the Minister or the State Secretary.

IV. System for Ensuring the Rules of Law of the Ministry's Operation and Reports on the Ministry's Operation

19. The rules of law of the Ministry's operation shall be ensured by the State Secretary. The State Secretary shall be responsible for establishing and implementing the system for controlling decisions of the Administration.

20. The State Secretary shall have the rights to void the decisions of the Ministry's Administration officials, and void the internal legal documents.

21. Unless stated otherwise in the external legal documents, the State Secretary shall decide upon administrative enactments issued by the Ministry's Administration officials or upon actual actions performed by the Administration officials or staff, disputed by a private person.

22. A private person can appeal in the court against the administrative enactments issued and the actual actions performed by the State Secretary.

23. At least once a year, the Ministry shall submit to the Minister the Report on Policy Implementation of the Field, the Report on Function Performance of the Ministry and the Report on Budget Performance, as well as produce the Annual Public Report on Policy Implementation of the Field in accordance with procedures stated in the legal documents.

24. The Minster shall have the rights to demand at any time the Report on policy implementation of the field or of a separate area, as well as on operation of a State administrative institution subordinate to the Ministry.

V. State Administrative Institutions Subordinate to the Ministry

(Wording of Regulation No. 411 of the Cabinet of Ministers on 14th June 2005)

25. The following institutions shall be subordinate to the Ministry:
25.1. The Military Service Enrolment Centre;
25.2. The Youth Guard Centre;
25.3. The Military Intelligence and Security Service;
25.4. The State Agency for Defence Properties;
25.5. The State Agency "Tēvijas Sargs" (Guard of the Fatherland);
25.6. The State Agency "Latvijas Kara Muzejs" (War Museum of Latvia).

Prime Minister E.Repse

Minister of Defence G.V.Kristovskis