STATUTES OF THE MINISTRY OF THE INTERIORStatutes of the Ministry of the Interior Adopted by Regulation No. 185 of the Government of the Republic of 11 May 2004 (RT I 2004, 42, 291), entered into force on 15.05.2004 Amended by the following regulations (date, number, publication in the State Gazette [Riigi Teataja], date of entry into force): 16.06.2005 no. 136 (RT I 2005, 35, 274) 12.07.2005 20.04.2006 no. 96 (RT I 2006, 18, 144) 28.05.2006 16.02.2006 no. 43 (RT I 2007, 14, 75) 23.02.2007 (implemented starting 18.02.2007) 2.02.2007 no. 35 (RT I 2007, 11, 63) 2.04.2007 29.03.2007 no. 85 (RT I 2007, 27, 156) 6.04.2007 This regulation is enacted on the basis of Subsection 42(1) of the Government of the Republic Act. Chapter 1 GENERAL PROVISIONS § 1. The Ministry of the Interior The Ministry of the Interior (hereinafter the Ministry) is a governmental authority performing functions arising from existing law and assigned to it by the Government of the Republic on a legal basis in its area of government. § 2. Representation In performing its functions, the Ministry represents the state. § 3. Accountability The Ministry is accountable to the Government of the Republic, which directs and co-ordinates its activities and conducts official supervision thereof. § 4. The Ministry’s seal and insignia (1) The Ministry has a round seal with a diameter of 50 mm, in the centre of which there is a small national coat of arms. The word “SISEMINISTEERIUM” (“MINISTRY OF THE INTERIOR”) is written along the upper edge of the seal. (2) The Ministry shall have its own emblem (Annex 1). The Ministry’s emblem may be used on the Ministry’s printed matter and souvenirs. (3) The Ministry shall have an honorary decoration (Annex 2) and official flag (Annex 3). (4) The decoration may be bestowed on the ministers and secretary generals of the Ministry upon leaving office, on Ministry officials for meritorious service in their capacity as servants of the Ministry, or on other individuals for productive cooperation with the Ministry. (5) The decision to bestow a decoration shall be made by the decorations committee and the decision shall be approved by the Minister. As an exception, the Minister has the right to bestow a decoration without the decision of the committee. (6) Decorations shall generally be bestowed twice a year – 13 November, the anniversary of the Ministry, and 24 February, Estonian Independence Day – or as an exception, at other times pursuant to the decision of the decorations committee or of the Minister. [RT I 2007, 27, 156 – entered into force 6.04.2007] § 5. The Ministry’s budget and bank account The Ministry has its own budget and bank accounts. The Ministry’s expenses are covered from the state budget. § 6. Document preparation in the Ministry (1) The letterhead and general forms of the Ministry bear the Ministry’s emblem. (2) The Ministry’s legal acts and other administrative documents are prepared in accordance with the law and pursuant to the internal procedure of governmental authorities. (3) The Ministry’s letterheads and general forms shall be used by all of the Ministry’s signatories within their competence. (4) The deputy secretary general and department head shall sign informative letters prepared on the Ministry’s letterhead, without incurring financial or proprietary liabilities or assigning rights or imposing obligations on extra-ministerial persons, unless otherwise provided by law. [RT I 2007, 27, 156 – entered into force 6.04.2007] § 7. Use of the national flag The Ministry shall use the national flag in accordance with the Estonian Flag Act. [RT I 2008, 5, 37 – entered into force 1.02.2008] § 8. Location The postal address of the Ministry is Pikk 61, 15065, Tallinn. The postal addresses of the Ministry’s structural units that are not based at the same location are specified in their statutes.
Chapter 2 THE MINISTRY'S AREA OF GOVERNMENT AND FUNCTIONS Division 1 The Ministry’s area of government § 9. Area of government The Ministry’s area of government includes ensuring internal national security and protecting public order, guarding and protecting the state border, performing border control and ensuring border regime, organising matters related to crisis management, the state operation stockpile and rescue operations, citizenship and migration, churches and congregations, developing local government, planning and co-ordinating regional administration as well as regional development, organising and supervising nationwide spatial planning activities, issues related to marital status, as well as drafting the relevant legal acts. [RT I 2009, 65, 449 – entered into force 1.01.2010] Division 2 The Ministry’s functions § 10. Ensuring internal national security (1) In ensuring internal national security, the function of the Ministry is to ensure public order and constitutional order, to organise crisis management, to distribute operational information, to guard the national border and ensure the border regime, to organise citizenship and migration affairs and rescue work, to develop and implement the country’s internal security policy and to plan and implement the support measures of the European Union structural funds and foreign funds aimed at the development of internal security. [RT I 2010, 5, 13 – entered into force 1.02.2010] (2) In ensuring public order, the Ministry shall direct and coordinate the organisation of activities in the areas of protecting public order and responding to calls and alerts, performing security activities, preventing, combating, detecting and conducting proceedings on offences, and forensic science examinations. [RT I 2007, 60, 388 – entered into force 1.01.2008] (3) In ensuring constitutional order, the Ministry shall coordinate activities in protecting the constitutional order of the state, preventing and combating intelligence activities aimed against the state, protecting state secrets and combating offences involving terrorism and corruption. (4) In organising crisis management, the Ministry shall fulfil the functions imposed on it by the Emergency Act. [RT I 2009, 65, 449 – entered into force 1.01.2010] (5) In guarding the national border, performing border control and ensuring the border regime, the Ministry shall direct and coordinate the activities of police institutions and other institutions in organising the area of border guarding. [RT I 2009, 65, 449 – entered into force 1.01.2010] (6) In organising citizenship and migration affairs, the Ministry shall develop policies on aliens, on citizenship and migration, on asylum, for issuing identity documents to Estonian citizens and aliens and for preventing and combating illegal immigration, organising the implementation of such policies; and together with relevant ministries shall develop, and exercise pursuant to its competence, the visa policy. 7) In organising rescue work, the Ministry shall direct and coordinate the activities in the area of rescue work, rescue management, detection of marine pollution and marine pollution control operations, state supervision over fire safety, prevention in the area of fire safety and rescue work and activities related to mine clearance operations. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 11. – 13. [Repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] § 14. Planning and co-ordinating the development of local governments In planning and co-ordinating the development of local governments, the Ministry shall, within its competence: 1) analyse, plan and co-ordinate the state’s local government policy; 2) participate in the formation of the income and expense basis of local government budgets and in the establishment and development of a national support system for local budgets within its competence; 3) assist in the co-operation of local governments, their associations and civic associations with the Government of the Republic; 4) analyse, plan and co-ordinate the policy for the official regulation and use of Estonian place names within its competence; 5) analyse, plan and co-ordinate the policy supporting the development of the Estonian civil society; 6) co-ordinate and implement the international co-operation programmes and foreign aid projects related to local government development, citizen awareness and citizen involvement; [RT I 2006, 18, 144 – entered into force 28.05.2006] § 141. Organising regional administration In organising regional administration, the Ministry shall, within its competence: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 142. Planning and co-ordinating regional development In planning and coordinating regional development, the Ministry shall, within its competence: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 15. Planning activities In directing and promoting planning activities, the Ministry shall: § 16. Organising matters related to population affairs operations In organising matters related to population affairs operations, the Ministry shall, within its competence: § 17. Organising affairs related to churches and congregations In organising affairs related to churches and congregations, the Ministry shall, within its competence: 3) assist, if necessary and within its means, religious associations and their structural units in exercising their self-organisation; 4) organise issues related to church property on the basis of corresponding agreements and for enforcement; 5) analyse and summarise issues of religious life. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 18. Other functions The Ministry shall: 1) direct, co-ordinate and organise the drafting of laws, Government of the Republic regulations, regulations of the Minister of the Interior, regulations of the Minister of Regional Affairs, and other legal acts concerning the Ministry’s area of government, and is responsible for their applicability and compliance with the Constitution and other laws; 2) direct, co-ordinate and organise the Ministry’s activities related to Estonia’s membership in the European Union and NATO; 3) organise the preparations for joining international treaties and conventions concerning the Ministry’s area of government; 4) inform the public about the activities, work results, events and plans of the Ministry and the public institutions belonging to its area of government; 5) direct and co-ordinate the development of the personnel policy principles of the Ministry and the public institutions in its area of government; [RT I 2006, 18, 144 – entered into force 28.05.2006] 6) direct and co-ordinate the training activities, activities related to applied higher education and secondary vocational education, of the Ministry and the public institutions in the Ministry’s area of government; [RT I 2006, 18, 144 – entered into force 28.05.2006] 7) carry out disciplinary proceedings related to major official offences committed by the staff of public institutions belonging to the Ministry’s area of government, summarise disciplinary practices and take measures to enhance service and operation discipline; 8) co-ordinate internal audit-related activities in the Ministry and the Ministry’s area of government; 9) give opinions about and approvals for draft legal acts developed by other ministries and concerning the Ministry’s area of government; 10) assist other ministries in resolving matters related to its area of government and co-operate with them; 11) represent the state in international relations within the Ministry’s area of activity in accordance with the procedure specified by the Foreign Relations Act; 12) co-ordinate the international co-operation activities of public institutions belonging to the Ministry’s area of government; 13) [Repealed – RT I 2010, 5, 13; – entered into force 1.02.2010] 14) review applications for the allocation of state budget funds submitted by governmental authorities belonging to the Ministry’s area of government and pubic institutions administered by it, arrange their expert assessment and prepare the appropriate consolidated proposal when the state budget is being drafted; 15) prepare the Ministry’s draft budget considering the Ministry’s area of government and functions, and draw up a report on the execution of the previous year’s budget; 16) check the financial activities in the Ministry and the Ministry’s area of government; 17) manage state property in accordance with the State Property Act and other legal acts; 18) co-ordinate, supervise and organise the activities of the Ministry, governmental authorities belonging to the Ministry’s area of government and public institutions administered by it with regard to investments, state procurements and building; 19) inspect the internal audit systems in the Ministry, the Ministry’s area of government and, within its competence, at the beneficiaries of EU structural assistance and other aid and the mediation authorities thereof; 20) fulfil other functions assigned to it by law, the decisions of the Riigikogu and the decrees of the President of the Republic and by the Government of the Republic. Chapter 3 MANAGEMENT OF THE MINISTRY Division 1 Minister of the Interior § 19. Management of the Ministry The Ministry is headed by the Minister of the Interior. § 20. Competence of the Minister of the Interior (1) The Minister of the Interior organises issues that belong in the Ministry’s area of government related to ensuring internal national security, protecting public order, guarding and protecting the state border, ensuring the border regime, crisis management, operation stockpile, rescue work, and citizenship and migration. [RT I 2007, 14, 75 – entered into force 23.02.2007] – implemented starting 18.02.2007 (2) In managing the areas under his/her government, the Minister of the Interior shall: 1) be responsible for compliance with the Constitution, other laws regulating the Ministry’s area of government, the decisions of Riigikogu, the decrees and decisions of the President of the Republic and the regulations and orders of the Government; 2) make decisions on issues belonging to the Ministry’s area of government unless such decisions should be made by subordinate institutions or officials in accordance with the law or Government of the Republic regulations; 3) represent the Ministry and grant authorisations to represent the Ministry; 4) represent the state in civil and criminal court cases as a civil plaintiff or defendant within the Ministry’s area of government; may grant general or special authorisations for representation of the state in court; and have the right to authorise a contractual representative of the state in civil, administrative and criminal proceedings within the Ministry’s area of government; 5) organise, within the Ministry’s area of government, the collection and forwarding of information on the representation of the state in court; 6) approve the Ministry’s official staff and the statutes of structural units, as well as the official staff, internal procedures and work arrangement of governmental authorities belonging to the Ministry's area of government; 7) upon the proposal of the Ministry’s Secretary General, approve the Ministry’s records management procedure and internal rules of procedure; 8) conclude contracts or authorise the Secretary General or other persons for the purpose; 9) upon the proposal of the Ministry’s Secretary General, appoint and dismiss the directors general of the agencies belonging to the Ministry’s area of government, the Ministry’s Deputy Secretary General for Internal Security, the Ministry’s Deputy Secretary General for Administration and heads of the Ministry’s departments, offer them incentives and mete out their disciplinary punishments, on the proposal of the Secretary General sign employment agreements with heads of public institutions administered by the Ministry unless otherwise provided by law; 10) carry out official supervision in accordance with procedures specified by law over the activities of the Ministry’s structural units, governmental authorities belonging to the Ministry’s area of government and their officials, as well as other public institutions administered by the Ministry; if necessary, transfers official supervision over the activities of the Ministry’s officials to the Secretary General; 11) determine the scope and procedure of official supervision carried out by the directors general of the agencies belonging to the Ministry’s area of government; [RT I 2007, 14, 75 – entered into force 23.02.2007] – implemented starting 18.02.2007 12) ensure the implementation of an internal audit system and the performance of internal audits in the Ministry, the governmental authorities belonging to the Ministry’s area of government and the public institutions administered by the governmental authorities, and manage the internal audit department through a head of department; [RT I 2008, 5, 37 – entered into force, 1.02.2008] 13) present, via the Minister of Finance, proposals to the Government of the Republic for the Ministry’s draft annual income and expense budget and, if necessary, for the draft additional budget, determine the use of budget funds and supervise over the accurate and expedient execution of the budget; 14) approve the budgets of public institutions belonging to the Ministry’s area of government based on the state budget, check their execution and, if necessary, issues precepts for the use of budget funds; 15) organise the administration of state property in accordance with the State Property Act and other legal acts; 16) decide to conduct state procurement tenders in order to obtain assets and services necessary for the fulfilment of the Ministry’s functions; 17) decide the establishment of a public institution administered by the Ministry, approve its statutes and budget and determine its structure, procedures and work organisation, unless this has been established by a legal act higher than the Minister’s regulation; 18) establish attestation requirements for the Ministry’s officials in agreement with the appropriate competition and attestation commission; 19) present interpellations to the Ministry’s officials and heads of public institutions belonging to the Ministry’s area of government; 20) if necessary, form commissions, councils and working groups having consultative capacity in order to perform the functions within the Ministry’s competence, and determine their objectives and working procedures; 21) settle legal disputes in cases specified by law; 22) report to the Government of the Republic on the Ministry’s activities; 23) perform other functions assigned to him/her by law, the regulations or orders of the Government of the Republic or the orders of the Prime Minister. § 21. Legal acts of the Minister of the Interior (1) In directing the Ministry and for organising the activities of the governmental authorities belonging to the Ministry’s area of government and activities of the administered public institutions, the Minister of the Interior issues regulations and directives and gives oral and written orders to the Ministry’s officials on the basis of the law. [RT I 2007, 11, 63 – entered into force 2.04.2007] (2) The oral and written orders of the Minister of the Interior are registered in accordance with the Ministry’s records management procedure. Division 2 Minister of Regional Affairs § 22. Competence of the Minister of Regional Affairs (1) The Minister of Regional Affairs manages the structural units of the Ministry of the Interior, which deal with the development of local government, planning and co-ordination of regional administration and regional development, nationwide organisation and supervision of spatial planning activities, issues related to vital statistics and organisation of matters related to churches and congregations. [RT I 2006, 18, 144 – entered into force 28.05.2006] (2) In managing the areas under his/her government, the Minister of Regional Affairs shall: 1) be responsible for compliance with the Constitution, other laws regulating the Ministry’s area of government, the decisions of Riigikogu, the regulations and decisions of the President of the Republic and the regulations and orders of the Government of the Republic; 2) make decisions on issues belonging to the Ministry’s area of government, unless such decisions should be made by subordinate institutions or officials in accordance with existing law or regulations of the Government of the Republic; 3) represent the Ministry and give authorisations to represent the Ministry; 4) approve the statutes of the structural units of the Ministry; 5) conclude contracts or authorise the Secretary General or other persons for the purpose; 6) on the proposal of the Ministry’s Secretary General, appoint and dismiss the Deputy Secretary General for Population and Regional Affairs, offer him/her incentives and mete his/her disciplinary punishments; 7) on the proposal of the Ministry’s Secretary General, appoint and dismiss the heads of the Local Government and Regional Administration Department, Regional Development Department, Planning Department, Population Facts Department and Religious Affairs Department; 8) form commissions, councils and working groups having consultative capacity, and determine their objectives and working procedures; 9) carry out official supervision in accordance with procedures specified by law over the activities of the structural units under his/her government, governmental authorities belonging to the Ministry’s area of government and their officials; if necessary, transfers official supervision over the activities of the Ministry’s officials to the Secretary General; 10) present proposals to the Government of the Republic for the draft annual income and expense budget of his/her area of government, and, if necessary, for the draft additional budget, determine the use of budget funds and supervise over the accurate and expedient execution of the budget; 11) present proposals to the Government of the Republic for the appointment of county governors; 12) decide to conduct state procurement tenders in order to obtain assets and services necessary for the fulfilment of the Ministry’s functions; 13) establish attestation requirements for the Ministry’s officials in agreement with the appropriate competition and attestation commission; 14) present interpellations to the staff of the structural units under his/her government and the county governors; 15) on the proposal of the county governor, present proposals to the Government of the Republic for the organisation of the work of the local departments of governmental authorities and other public institutions of the county; 16) forward to the Government of the Republic the proposals of county governors for the draft annual income and expense budget of the county government, and, if necessary, for the draft additional budget; 17) settle legal disputes in cases specified by law; 18) perform other functions assigned to him/her by law, the regulations or orders of the Government of the Republic or the orders of the Prime Minister. [RT I 2005, 35, 274 – entered into force 12.07.2005] § 23. Legal acts and orders of the Minister of Regional Affairs (1) In directing the Ministry’s structural units subordinated to him/her and for organising the activities of county governments, the Minister of Regional Affairs issues regulations and decrees and gives oral and written orders to the Ministry’s officials on the basis of the law. (2) The oral and written orders of the Minister of Regional Affairs are registered in accordance with the Ministry’s records management procedure. Division 21
§ 231. Assistant minister (1) The Ministry’s staff may include an assistant minister, who shall, within the limits of the powers acquired from the Minister, head structural units involved in policy planning and deal with issues belonging to the Ministry’s area of government and fulfil other functions delegated by the Minister. (2) In the absence of the assistant minister, he/she shall be substituted for by the Minister. [RT I 2005, 35, 274 – entered into force 12.07.2005] Division 3 Secretary General § 24. Secretary General The Secretary General directs the work of the Ministry’s structural units, co-ordinates the activities of public institutions belonging to the Ministry’s area of government and arranges the Ministry’s records management. § 25. Tasks of the Secretary General: The Secretary General shall: 1) directly manage the work of deputy secretary generals and, via heads of departments, the work of the Public and Foreign Relations Department, Personnel Department and the General Administrative Department and the work of ministry advisers subordinated to him/her; [RT I 2008, 5, 37 – entered into force 1.02.2008] 2) co-ordinate the activities of public institutions belonging to the Ministry’s area of government and present proposals for their records management procedure and work organisation to the Minister of the Interior and the Minister of Regional Affairs; 3) ensure the creation of organisational and economic conditions necessary for the Ministry’s work; 4) manage the Ministry’s budget funds within the budget approved by the Minister of the Interior and the Minister of Regional Affairs, and be responsible for the accurate and expedient fulfilment of the budget; 5) prepare proposals concerning the Ministry’s draft annual budget and, if necessary, the additional budget; 6) organise the use of state property within authority obtained from the Minister of the Interior and the Minister of Regional Affairs in accordance with the State Property Act, and make proposals to them for the disposal of state property; 7) carry out state procurements within the authority obtained from the Minister of the Interior and the Minister of Regional Affairs; 8) put his/her co-signature on the regulations of the Minister of the Interior and the Minister of Regional Affairs, documents submitted to the Government and other documents in the cases and in accordance with the procedure specified by legal acts; 9) keep the Ministry’s emblem seal and establish the procedure of its use (or presents a proposal to the Minister of the Interior for the establishment of the procedure); 10) appoint and dismiss the Ministry’s officials, except for those who are appointed and dismissed by the Minister of the Interior or the Minister of Regional Affairs; 11) sign employment agreements with the ancillary staff of the Ministry; 12) in accordance with structural units’ statutes and the proposals of heads of structural units, approve the job descriptions of officials appointed by him/her and, if necessary, the job descriptions of ancillary staff; 13) promote officials appointed by him/her within his/her competence, and use incentives for officials appointed by him/her and for other staff and mete out disciplinary punishments; 14) act as the chairman of the competition and attestation commission for the Ministry’s officials, or appoint another person to act as chairman; 15) present interpellations to the heads of the Ministry’s structural units and public institutions belonging to the Ministry’s area of government about their activities and present proposals to the Minister of the Interior and the Minister of Regional Affairs for offering incentives and meting out punishments for the heads of structural units and public institutions belonging to the Ministry’s area of government; 16) arrange the development of the statutes of the Ministry’s structural units, governmental authorities belonging to the Ministry’s area of government and public institutions administered by the Ministry and the Ministry’s internal rules of procedure and records management procedure and submit these to the Minister of the Interior or the Minister of Regional Affairs for approval; 17) sign agreements on the Ministry’s behalf and represent the Ministry within his/her competence and authority obtained from the Minister of the Interior and the Minister of Regional Affairs; 18) give permissions for business assignments abroad to the heads of a public institutions belonging to the Ministry’s area of government, provided the Minister of the Interior or the Minister of Regional Affairs are informed of it; 19) fulfil other functions assigned to him/her by law or the regulations or orders of the Government of the Republic or by the Minister of the Interior or the Minister of Regional Affairs. [RT I 2005, 35, 274 – entered into force 12.07.2005] § 26. Regulations and service-related orders of the Secretary General (1) The Secretary General issues decrees within the competence provided by law and the Ministry’s statutes for the co-ordination and organisation of the activities of public institutions belonging to the Ministry’s area of government, for the employment and dismissal of the Ministry’s staff and for the management and co-ordination of the work of structural units, unless this is established by a legal act higher than the Secretary General’s decree. (2) In directing the Ministry’s deputy secretaries general and structural units and co-ordinating and organising the activities of public institutions belonging to the Ministry’s area of government, the Secretary General gives deputy secretaries general and heads of structural units as well as heads of public institutions belonging to the Ministry’s area of government oral and written service-related orders that are registered in accordance with the Ministry’s records management procedure. § 27. Replacement of the Secretary General (1) In the absence of the Secretary General, he/she shall be substituted for by the Deputy Secretary General for Internal Security and, in the absence of the latter, by the Deputy Secretary General for the Population and Regional Affairs. In their absence the Secretary General shall be substituted for by the Deputy Secretary General for Administration. (2) The Minister of the Interior shall appoint the replacement for the Secretary General by decree. Division 4 Deputy Secretary General § 28. Deputy Secretary General The Ministry includes the offices of the Deputy Secretary General for Internal Security, Deputy Secretary General for Population and Regional Affairs, and Deputy Secretary General for Administration. § 29. Tasks of the Deputy Secretary General for Internal Security The Deputy Secretary General for Internal Security shall: 1) direct, via the heads of departments, the work of the Law Enforcement and Criminal Policy Department, Migration and Border Policy Department, Rescue and Crisis Management Policy Department, Information and Analysis Department and Foreign Financing Department; [RT I 2010, 5, 13 – entered into force 1.02.2010] 2) present proposals to the Secretary General for the preparation of the Ministry’s budget and use of budget funds in the area managed by him/her; 3) represent the Ministry within the authority obtained from the Minister of the Interior; 4) make proposals for promoting heads of departments subordinated to him/her and offering them incentives or meting out disciplinary punishments for them; 5) supervise over the performance of functions by departments subordinated to him/her; 6) perform other functions assigned by the Minister of the Interior or the Secretary General. [RT I 2005, 35, 274 – entered into force 12.07.2005] § 30. Tasks of the Deputy Secretary General for Population and Regional Affairs: The Deputy Secretary General for Population and Regional Affairs shall: 1) direct, via heads of departments, the work of the Local Government and Regional Administration Department, Planning Department, Regional Development Department, Population Facts Department and Religious Affairs Department; 2) present proposals to the Secretary General for the preparation of the Ministry’s budget and use of budget funds in the area managed by him/her; 3) represent the Ministry within the authority obtained from the Minister of Regional Affairs; 4) make proposals for promoting heads of departments subordinated to him/her and offering them incentives or meting out disciplinary punishments for them; 5) supervise over the performance of functions by departments subordinated to him/her; 6) perform other functions assigned by the Minister of Regional Minister or Secretary General. § 31. Tasks of the Deputy Secretary General for Administration: The Deputy Secretary General for Administration shall: 1) direct, via the heads of departments, the work of the IT, Databases and Communications Department and the Legal and Administrative Department; [RT I 2010, 5, 13 – entered into force 1.02.2010] 2) present proposals to the Secretary General for the preparation of the Ministry’s budget and use of budget funds in the area managed by him/her; 3) represent the Ministry within the authority obtained from the Minister of the Interior or the Ministry of Regional Affairs; 4) make proposals for promoting heads of departments subordinated to him/her and offering them incentives or meting out disciplinary punishments for them; 5) supervise over the performance of functions by departments subordinated to him/her; 6) perform other functions assigned by the Minister of the Interior, Minister of Regional Affairs or Secretary General. § 32. Service-related orders of the Deputy Secretary General In performing his/her functions, a deputy secretary general gives heads of departments directly subordinated to him/her and the heads of the governmental authorities belonging to the Ministry’s area of government and the administered public institutions oral and written service-related orders registered in accordance with the Ministry’s records management procedure. § 33. Replacement of the Deputy Secretary General (1) In the absence of a deputy secretary general, he/she shall be substituted for by another deputy secretary general or the head of a department appointed by the Secretary General. (2) The replacement of deputy secretaries general is arranged by the Secretary General’s order. Division 5 Advisers § 34. Advisers (1) The Ministry’s structure includes the advisers of the Minister of the Interior and the Minister of Regional Affairs as well as ministry advisers who do not belong to any structural units. (2) Minister advisers are directly subordinated to the Minister of the Interior or the Minister of Regional Affairs. Minister advisers are appointed and dismissed by the corresponding minister. (3) Ministry advisers are directly subordinated to the Secretary General or Deputy Secretary General appointed by the Secretary General. Ministry advisers are appointed and dismissed by the Secretary General. (4) The functions of the minister advisers and ministry advisers are determined by the adviser’s job description approved by the Minister of the Interior, the Minister of Regional Affairs or the ecretary General, respectively. Division 6 Head of Department § 35. Tasks of the head of a department (1) The head of a department shall: 1) direct the department’s work and ensures that the department’s functions are performed in accordance with existing law and in an accurate and timely manner; 2) follow instructions and orders given to him/her or inform about obstacles to their fulfilment; 3) give instructions and orders to officials subordinated to him/her; 4) supervise over the fulfilment of service duties by officials subordinated to him/her; 5) sign or superscribe documents drawn up in the department in accordance with the department’s statutes and the Ministry’s procedures; 6) represent the department and give opinions and approvals in the department’s name to the Ministry’s administration and other structural units; 7) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 8) present proposals to the Ministry’s administration concerning the organisational structure, composition and work organisation of the department as well as the wages, benefits, disciplinary punishments and incentives for the staff of the structural unit; 9) apply, within the department budget limits, for funds necessary for the fulfilment of the department’s functions, and be responsible for their purposeful use; 10) apply for further training for the staff of the department; 11) may present proposals the Ministry’s administration for the setting up of commissions and working groups in order to deal with issues related to the department’s functions; 12) sign informative letters on the ministry’s letterhead, which do not take financial or other obligations or give rights or obligations to persons outside the Ministry, unless otherwise provided by law; [RT I 2007, 27, 156 – entered into force 6.04.2007] 13) perform other functions assigned to him/her by the statutes of the department or the Minister of the Interior, Ministry of Regional Affairs, or his/her immediate superior. (2) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] (3) The statutes of the department specify the precise service functions of the head of department. (4) The rights and obligations of the head of a service or bureau belonging to a department are set forth in the statutes of the department. § 36. Rights of the head of department (1) The head of department shall have the right: 1) to send to the other structural units of the Ministry and governmental authorities belonging to the Ministry’s area of government draft legal acts and other documents to get feedback and to receive data necessary for the work of the department; 2) to return documents that are not made properly to governmental authorities belonging to the Ministry’s area of government and other public institutions for the elimination of deficiencies, and to set deadlines for it. Chapter 4 STRUCTURE OF THE MINISTRY AND MAIN PRINCIPLES OF STRUCTURAL UNITS § 37. Department A department is the Ministry’s structural unit, which has no executive authority in relation to persons outside the Ministry, unless otherwise prescribed by law. § 38. Structure and competence of the department (1) The Ministry’s departments can include services and bureaus. (2) The departments draft legal acts in their areas of activity, ensure the compliance of their developed draft acts with the Constitution and other laws and the use of uniform principles, terminology and methods in legislation, process draft legal acts submitted for approval, organise the development and conclusion of contracts, monitor the fulfilment of obligations assumed under contracts, settle issues of supervisory control and organise international co-operation in their domains. [RT I 2010, 5, 13 – entered into force 1.02.2010] (3) The structure and precise functions of a department are determined in the statutes of the department, which are to be approved by the Minister of the Interior or Minister of Regional Affairs, respectively. (4) [Repealed – RT I 2007, 27, 156 – entered into force 6.04.2007] § 39. The Ministry's Departments The Ministry’s departments include: 1) Public and Foreign Relations Department; 2) [Repealed – RT I 2010, 5, 13 – entered into force 1.02.2010] 3) IT, Databases and Communications Department; 4) Local Government and Regional Administration Department; 5) Law Enforcement and Criminal Policy Department; 6) Migration and Border Policy Department; 7) Personnel Department; 8) Planning Department; 9) Rescue and Crisis Management Policy Department; 10) Finance Department; 11) Population Facts Department; 12) Regional Development Department; 13) Internal Audit Department; 14) Information and Analysis Department; 15) Religious Affairs Department; 151) Foreign Financing Department [RT I 2010, 5, 13 – entered into force. 1.02.2010] 16) Legal and Administrative Department; [RT I 2010, 5, 13 – entered into force 1.02.2010] 17) General Administrative Department; [RT I 2008, 5, 37 – entered into force 1.02.2008] § 40. Public and Foreign Relations Department The main functions of the Public and Foreign Relations Department are: 1) to inform the public about the activities of the Ministry and the public institutions belonging to the Ministry’s area of government; 2) to direct the public affairs activities of public institutions belonging to the Ministry’s area of government; 3) to shape public opinion and manage regular communication projects in the Ministry and public institutions belonging to its area of government; 4) to co-ordinate and organise the Ministry's external relations. [RT I 2008, 5, 37 – entered into force 1.02.2008] § 41. IT, Databases and Communications Department The main functions of the IT, Databases and Communication Department are: 1) to automate data processing in the Ministry’s area of government and to develop and implement IT and telecommunications systems; 2) to direct and co-ordinate the development of the registers and other databases of the Ministry’s area of government; [RT I 2006, 18, 144 – entered into force 28.05.2006] § 42. Local Government and Regional Administration Department The main functions of the Local Government and Regional Administration Department are: 1) to analyse, plan and co-ordinate the country’s local government policy, and to provide consultation to other ministries in regional administration issues; [RT I 2006, 18, 144 – entered into force 28.05.2006] 2) to analyse, plan and co-ordinate the country's regional government policy; 3) to participate in the formation and development of the income and expense basis of local government budgets and in the design and development of a national support system for local budgets within the Ministry’s competence; 4) to analyse and organise the administrative division of the state territory, administrative and territorial division and population distribution issues, and to plan and co-ordinate the appropriate policy and development; 5) to assess the expediency of county government structures and staff; 6) to analyse, plan and co-ordinate the policy of the official regulation and use of Estonian place names, conduct place name-related supervision and organise the settlement of place name-related disputes; 7) to perform the functions of the data controller of the place name register; 8) to co-ordinate and implement international co-operation programmes and foreign aid projects related to local government development, citizen awareness and citizen participation; 9) to analyse, plan and co-ordinate the options and policies related to active community development and co-operation between the state and citizen’s associations; 10) to arrange issues related to the development of small islands with permanent settlement; 11) to organise and co-ordinate the fulfilment of county governments’ functions related to land readjustment, land reform, social welfare, healthcare, education, culture, youth work and sports and rural economy; [RT I 2006, 18, 144 – entered into force 28.05.2006] 12) to co-ordinate state supervision to be exercised by county governors; [RT I 2006, 18, 144 – entered into force 28.05.2006] 13) to organise the development of a civil society. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 421. Rescue and Crisis Management Policy Department The main functions of the Rescue and Crisis Management Policy Department are the following: 3) taking part in shaping the administrative, legal and budgetary environment of crisis management and rescue work areas; 4) co-ordinating the crisis management activities of institutions in the Ministry’s area of government; 5) developing and defending Estonia’s viewpoints in the shaping of the population protection policy of the European Union and NATO, including in the areas of rescue work and crisis management. [RT I 2008, 5, 37 – entered into force 1.02.2008] § 43. Personnel Department The main functions of the Personnel Department are the following: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 44. Planning department The main functions of the Planning Department are the following: 2) to co-ordinate the preparation of county plans; [RT I 2006, 18, 144 – entered into force 28.05.2006] 3) [Repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 4) general supervision of planning-related activities; 5) supervision over the preparation of county plans; 6) to settle planning-related disputes in the cases provided by law; 7) to arrange, and provide consulting in the planning-related further training of officials; 8) to organise the preparation of planning-related manuals and the required pilot projects thereof; 9) to represent the Ministry in international planning co-operation. § 45. Finance Department The main functions of the Finance Department are: 1) to arrange the preparation of draft budgets and draft budget amendments of the Ministry and the public institutions in the Ministry’s area of government; 2) to organise the financial accounting and reporting in the Ministry; 3) to prepare the consolidated annual report of the Ministry and the public institutions in the Ministry’s area of government; 4) financial planning and reporting related to the structural assistance measure for local socio-economic development. § 46. Population Facts Department The main functions of the Population Facts Department are: 1) to plan family event documentation, instruct the relevant institutions and prepare the corresponding guidelines; 2) to perform the functions of the data controller of the population register; 3) to arrange population procedures related co-operation on the national (with other state and local government institutions) and international levels; 4) to assist in the preparation for the European Parliament, Riigikogu and local government council elections; 5) to organise population procedures related training, seminars and meetings; 6) to keep, update and use the Estonian family archives (church books and vital records); 7) to instruct vital statistics offices in the preparation, amendment, restoration and cancellation of vital records and in the issuing of vital statistics certificates; 8) to issue birth, death and marriage certificates as well as copies of vital records and certificates on the basis of church books; 9) to supervise issues related to population procedures; 10) to prepare directives for assigning a new personal name and to organise the work of the Personal Names Committee; [RT I 2006, 18, 144 – entered into force 28.05.2006] 11) [Repealed – RT I 2009, 65, 449. – entered into force 1.01.2010] § 47. Regional Development Department The main functions of the Regional Development Department are: 1) to analyse and forecast the country’s regional development; 2) to develop the arrangements necessary for the country’s regional policy and its implementation; 3) to co-ordinate and analyse the performance of the country’s regional policy; 4) to analyse the effect of branch policies on regional development and to advise other ministries on this topic; 5) to organise the fulfilment of functions related to county socio-economic development planning and development activity within the limits of the competence of county governments; 6) to plan and organise the implementation of state regional policy measures and programmes and European Union structural assistance aimed at local and regional development and at the promotion of cross-border co-operation on the local and regional level; 7) to co-ordinate and implement international co-operation programmes and projects in the area of state regional development. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 48. Legal and Administrative Department The main functions of the Legal and Administrative Department are: 1) to ensure the conformity with law of the individual draft legal acts and the contracts to be concluded 2) to represent the Ministry in legal disputes out of court and in court; 3) to advise the Ministry’s administration, departments and the institutions in the Ministry’s area of government in legal issues; 4) to forward the draft legal acts presented to the Ministry for approval to the relevant departments for processing; 5) to organise the real estate development works of the Ministry and its area of government; 6) to organise public procurements for the Ministry and, if necessary, also those pertaining to its area of government; 7) to maintain accounts of the state property in the Ministry’s area of government; 8) to manage the buildings, car fleet and other assets on the Ministry’s balance sheet.
[RT I 2010, 5, 13 – entered into force 1.02.2010] § 49. Internal Audit Department The main functions of the Internal Audit Department are: 1) to co-ordinate the internal audit activities in the Ministry and its area of government; 2) to assess and analyse the efficiency of the internal audit system in the Ministry and its area of government, as well as its compliance with the requirements of legal acts; 3) within its competence, to audit the beneficiaries and the mediation authorities of EU structural aid and other aid; 4) [Repealed – RT I 2009, 65, 449. – entered into force 1.01.2010] § 50. [repealed – RT I 2005, 35, 274 – entered into force 12.07.2005] § 51. Law Enforcement and Criminal Policy Department The primary functions of the Internal Security Policy Department are: 1) to develop and organise the implementation of the national law enforcement policy; 2) to determine the area-specific strategic objectives deriving from the national criminal policy, to co-ordinate the implementation of the strategy and performing the related supervision; 3) to develop and organise the implementation of the country’s internal security policy; 4) to determine the strategic directions for law enforcement, traffic supervision, pre-trial proceedings of offences, prevention of offences and internal security of the state, to co-ordinate the implementation thereof and to perform the related supervision; 5) to co-ordinate the cooperation between agencies and organisations in issues related to law enforcement and security; 6) to take part in shaping the administrative, legal and budgetary environment of the specialised agencies in its area; 7) to develop the national law enforcement policy and the internal security policy and the implementation thereof in the areas of the European Union and other international organisations. [RT I 2008, 5, 37 – entered into force 1.02.2008] § 511. Information and Analysis Department The main functions of the Information and Analysis Department are the following: [RT I 2007, 11, 63 – entered into force 2.04.2007] § 52. Religious Affairs Department The main functions of the Religious Affairs Department are the following: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 53. Migration and Border Policy Department The primary functions of the Migration and Border Policy Department are the following: 1) to develop and organise the implementation of citizenship, migration, shelter, border control and border guarding and aliens’ policies; 3) to analyse, plan and co-ordinate the implementation of the prevention and control of illegal immigration and illegal employment; 4) to determine the strategic development directions of the border guarding and citizenship and migration areas, to co-ordinate the implementation thereof and to perform the related supervision; 5) to take part in shaping the administrative, legal and budgetary environment of the border guarding and citizenship and migration areas; [RT I 2008, 5, 37 – entered into force 1.02.2008] 9) [Repealed – RT I 2010, 5, 13 – entered into force 1.02.2010] 10) [Repealed – RT I 2010, 5, 13 – entered into force 1.02.2010] § 531. Foreign Financing Department The main function of the Foreign Financing Department is to organise the development of support measures financed from European Union structural funds aimed at the internal security area, the European Union financial funds and other internal security related foreign funds, to organise the implementation thereof in the Ministry’s area of government and to perform supervision over the use thereof. [RT I 2010, 5, 13 – entered into force 1.02.2010] § 54. [Repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] § 55. [Repealed – RT I 2010, 5, 13 – entered into force 1.02.2010] § 56. General Administrative Department The main functions of the General Administrative Department are: 1) to organise the document and archive management of the Ministry; 2) to organise and ensure the protection of state secrets;. 3) to provide services to the Ministry’s administration and structural units. [RT I 2006, 18, 144 – entered into force 28.05.2006] Chapter 5 COMMISSIONS, COUNCILS AND WORKING GROUPS § 57. Commissions, councils and working groups and the formation thereof (1) The Minister of the Interior or the Minister of Regional Affairs may set up permanent or temporary advisory commissions, councils and working groups (hereinafter commissions) in their respective areas within the Ministry’s area of government. (2) The Secretary General may set up temporary commissions in order to co-ordinate the work of the Ministry’s structural units to resolve individual issues. (3) Commissions are set up by the decree of the Minister of the Interior, Minister of Regional Affairs or Secretary General specifying the functions, chairman and members of the commission, the deadlines for fulfilling the functions and the responsible structural unit. (4) If the chairman of the commission is not an official belonging to the Ministry’s administration or the head of a department, the Minister of the Interior, Minister of Regional Affairs or Secretary General shall appoint an official belonging to the Ministry’s administration or the head of a department to be working with the commission. (5) The structural unit working with the commission shall ensure the commission’s records management procedure and the keeping of minutes of the commission’s meetings. (6) Department officials shall be appointed as members of the commission upon the proposal of the head of the department. (7) The staff of other governmental authorities may be appointed as commission members upon the proposal of the head of the institution. Persons who are not civil servants may be involved in the work of a commission if they consent thereto. (8) Heads of departments shall be obliged to release commission members from their official duties for the time of the commission’s meetings, unless it hampers the fulfilment of the main functions of the department. (9) The chairman of the commission shall report on the fulfilment of the commission’s functions to the Minister of the Interior, Minister of Regional Affairs, or Secretary General, unless otherwise determined upon the setting up of the commission. (10) The commission shall have the right to receive data and documents necessary for its work from the Ministry’s structural units and public institutions belonging to the Ministry’s area of government. (11) Remuneration may be paid for participating in the work of a commission, if it constitutes additional work or service functions. (12) Commissions set up by the Minister and Secretary General may also have the right to make decisions if this directly arises from law. § 58. Other commissions and councils (1) Provisions contained in this Chapter shall be applied to other commissions and councils set up in accordance with existing law, unless otherwise provided by law and the legal acts enforced on the basis thereof. (2) The Minister of the Interior or the Minister of Regional Affairs shall appoint the structural unit responsible for the work arrangements of governmental commissions working with the Ministry. Chapter 6 SERVICE SUPERVISION § 59. Service supervision (1) The Minister of the Interior or the Minister of Regional Affairs shall carry out service supervision over acts issued and operations performed by the Ministry’s officials, governmental authorities belonging to the Ministry’s area of government, public institutions administered by the Ministry and their heads in accordance with procedures prescribed by law. (2) As part of service supervision, the Minister of the Interior or the Minister of Regional Affairs may assign the Secretary General or Deputy Secretary General or the head of a department the task of collecting material and explanations in order to clarify the circumstances of issuing an act or performing an operation. (3) The Minister of the Interior or the Minister of Regional Affairs may, by his/her decree, entrust the Secretary General with initiating service supervision and making the appropriate decisions. The Secretary General shall have the right to make a Deputy Secretary General or the head of a department responsible for clarifying the circumstances of an operation performed by a Ministry’s official and collecting the appropriate documents and explanations in order to carry out service supervision. Chapter 7 IMPLEMENTATION PROVISION § 60. [omitted from this text]
Emblem of the Ministry of the Interior The emblem has a blue cross with silver borders in the outlines of a fortress on a blue background. Within the cross is the image of a small silver-blue stylisation of the national coat of arms. Emblem colour codes:
Honorary decoration of the Ministry of the Interior The decoration has a blue cross with silver borders in the outlines of a fortress, within which there is an image of a small national coat of arms and whose lower two sides are surrounded by silver oak leaves. Decoration colour codes:
Official flag of the Ministry of the Interior
The official flag has a blue cross with silver borders in the outlines of a fortress on a blue background. Within the cross is a small image of the national coat of arms. The height to width ratio of the flag is 7:9. The flag is bordered by 75 mm golden fringe. Flag colour codes:
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