Decree No. 101/2020/NĐ-CP amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies.

DECREE

Amending and supplementing certain Articles of Decree No. 123/2016/NĐ-CP
dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies
On the basis of the Law on the Organization of the Government dated June 19, 2015 and the Law amending and supplementing certain provisions of the Law on the Organization of the Government and the Law on the Organization of Local Authorities dated November 22, 2019;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies.

||| Based on the proposal of the Minister of Home Affairs;

Amending and supplementing certain Articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies:

Article 1. 1. Amend Clause 1 and Clause 2 of Article 13 as follows:

"1. To submit to the Government:

a) Regulations on the functions, tasks, powers, and organizational structure of ministries and government agencies assigned to manage; b) Decisions on establishment, reorganization, and dissolution of agencies and organizations under ministries, including: General Departments and equivalent organizations (hereinafter referred to collectively as general departments), bureaus and equivalent organizations (hereinafter referred to collectively as bureaus), directorates and equivalent organizations (hereinafter referred to collectively as directorates).

2. To submit to the Prime Minister:

b) Regulations on the functions, tasks, powers, and organizational structure of general departments under ministries;

a) Decisions on establishing, restructuring, and dissolving public non-business units within the Prime Minister's decision-making authority;

c) Decisions on establishment, reorganization, and dissolution of agencies and organizations under general departments, including: bureaus and equivalent organizations (hereinafter referred to collectively as bureaus),."

2. Amend Clause 6 of Article 13 as follows:

"6. To guide the functions, tasks, powers of specialized agencies in sectors and fields under provincial people's committees directly under the central government and district-level people's committees, town-level people's committees, and city-level people's committees directly under provincial-level people's committees."

3. Amend Clauses 7 and 8 of Article 13 into Clause 7 of Article 13 as follows:

"7. To manage job positions, civil servant structures according to ranks, career-based staff structures, civil servant quotas, and the number of employees in public service units according to the law."

4. Amend and supplement Clause 3 of Article 14 as follows:

"3. To specify standards for leadership and management positions in agencies and units under ministries."

5. Amend and supplement Clause 3 of Article 18 as follows:

"3. Not to organize divisions within bureaus. In cases where bureaus have multiple areas of work and workload requiring at least 30 civil servant quotas allocated by the competent authority (hereinafter referred to collectively as civil servant quotas), they may establish divisions, and the number of divisions within bureaus under ministries (if any) must be specified in the Decree stipulating the functions, tasks, powers, and organizational structure of ministries."

6. Amend and supplement Clause 5 of Article 18 as follows:

"5. Criteria for establishing bureaus:

a) Having functions and tasks to provide advisory services on state management in sectors and fields within the functions and tasks of ministries;

a) A department is established when it meets the following criteria:

b) Bureaus providing advisory services on internal administrative work shall be established when the workload requires at least 15 civil servant quotas."

Having a scope and object of management according to the sector and field;

Requiring at least 15 civil servant positions.

7. Supplement Article 18a and Article 18b as follows:

"Article 18a. Criteria for establishing divisions and equivalent organizations (hereinafter referred to collectively as divisions), and the number of deputy heads of division leaders

Divisions under directorates under ministries shall be established when meeting the following criteria:

1. 2. Divisions under sub-directorates under directorates under ministries shall be established when meeting the following criteria:

a) Having the function of providing advice on state administration for the sector and field under the bureau's functions and tasks or being entrusted to provide advice on internal administrative work of the bureau;

b) Requiring at least 7 civil servant positions.

a) Divisions under directorates under ministries with from 7 to 9 civil servant quotas allocated shall be provided with 1 deputy head; with from 10 to 15 civil servant quotas allocated shall be provided with no more than 2 deputy heads; with 16 civil servant quotas allocated or more shall be provided with no more than 3 deputy heads;

a) Having the function of providing advice on state administration for the sector and field under the sub-bureau's functions and tasks or being entrusted to provide advice on internal administrative work of the sub-bureau;

b) Requiring at least 5 civil servant positions.

3. Regarding the number of deputy heads of division leaders:

b) Divisions under sub-directorates under directorates under ministries with from 5 to 7 civil servant quotas allocated shall be provided with 1 deputy head; with 8 civil servant quotas allocated or more shall be provided with no more than 2 deputy heads.

4. Criteria for establishing divisions and the number of deputy heads of division leaders under inspection bodies, offices, bureaus under ministries, and divisions under offices, directorates under general departments under ministries shall be implemented according to the regulations on criteria for establishing divisions and the number of deputy heads of division leaders under directorates under ministries.

Sub-directorates under directorates under ministries shall be established when meeting the following criteria:

2. Regarding the number of deputy heads of sub-directorate leaders under directorates under ministries:

Article 18b. Criteria for establishing divisions and equivalent units (hereinafter referred to collectively as divisions) and the number of deputy heads of division leaders

1. 3. Criteria for establishing sub-directorates under directorates under general departments under ministries and the number of deputy heads of sub-directorate leaders under directorates under general departments under ministries shall be implemented according to the regulations on criteria for establishing sub-directorates under directorates under ministries and the number of deputy heads of sub-directorate leaders under directorates under ministries."

a) It has a specialized management object within the sector or field under the functions and tasks of the bureau as prescribed by specialized laws;

b) It is delegated authority by the Director of the Bureau to decide on matters within the scope of decision-making power of the Director of the Bureau;

c) The workload requires at least 15 civil servant positions.

8. Amend Clause 3 of Article 19 as follows:

a) Divisions with from 01 to 03 rooms shall be allocated 01 deputy head; those with 04 rooms or more shall be allocated not more than 02 deputy heads;

b) Divisions without rooms shall be allocated not more than 02 deputy heads.

"3. Offices may establish divisions in accordance with the criteria for establishing divisions and the tasks assigned."

9. Amend Clause 3 of Article 20 as follows:

"3. Inspection bodies shall have their own seals and bank accounts; they may establish specialized divisions in accordance with the law."

10. Amend and supplement Clause 3 and Clause 4 of Article 21 as follows:

"3. The establishment of directorates must meet the following criteria:

a) Having specific objects to manage in specialized sectors and fields within the scope of state management of ministries as prescribed by specialized laws;

4. The organizational structure of directorates includes:

d) Sub-directorates (if any);

b) It is delegated authority by the Minister to decide on matters within the scope of state management over specialized sectors or fields;

c) The workload requires at least 30 civil servant positions.

đ) Public service units (if any)."

a) Rooms;

b) Office;

c) Inspectorate (if any);

11. Amend and supplement Clause 3 and Clause 4 of Article 22 as follows:

"3. The establishment of general departments must meet the following criteria:

b) Specialized sectors and fields that require centralized and unified management at the central level, in special cases decided by the Government;

4. The organizational structure of general departments includes:

a) There must be objects of state administration in large, complex and important specialized fields and areas for economic and social development;

Establishments of bureaus and directorates under general departments apply the same criteria as those for establishing bureaus and directorates under ministries. No divisions shall be established within bureaus under general departments.

c) Delegation of authority by the Minister to decide on matters within the scope of state administration in specialized fields and areas.

For general departments organized vertically, the number of directorates under general departments and sub-directorates under directorates under general departments (if any) located in localities shall be specified in the decision stipulating the functions, tasks, powers, and organizational structure of general departments."

a) Departments;

b) Office;

c) Bureau (if any);

d) Inspectorate (if any);

đ) Publicly funded institutions (if any).

12. Supplement Clause 5 of Article 22 as follows:

For vertical sectoral systems, the number of bureaus under the general administration bureau and the number of branches under those bureaus (if any) located at the local level shall be specified in the decision on the functions, tasks, powers, and organizational structure of the general administration bureau.

12. Supplement Clause 5 of Article 22 as follows:

"5. The number of deputy heads of departments, bureaus, inspection bodies, and offices under general administrations belonging to ministries:

a) A bureau under a General Department with up to 20 civil servant positions shall have no more than two deputy heads; with over 20 civil servant positions, no more than three deputy heads shall be appointed;

b) A department (excluding those located in localities), inspectorate, and office under a General Department with fewer than four organizations shall have no more than two deputy heads; with four or more organizations, no more than three deputy heads shall be appointed;

c) For general administrations organized according to vertical sectoral systems with bureaus directly subordinate to localities, the Minister or Head of an equivalent ministry shall decide on the number of deputy heads for the head of each bureau, ensuring that each bureau has three deputy heads on average.”

13. Supplement Clause 3 of Article 31 as follows:

“3. During the process of reorganizing organizational structures, the number of deputy heads of entities resulting from mergers or consolidations may exceed the provisions of this Decree; however, when a deputy head retires or transfers, no replacement shall be made, and measures must be taken to adjust and reorganize the excess number of deputy heads so that within three years from the date of merger or consolidation, the number of deputy heads of entity heads complies with the regulations.”

Article 2. Effective Date

This Decree takes effect from November 15, 2020.

Article 3. Responsibility for Implementation

Ministers, Heads of equivalent ministries, Heads of government agencies, Chairpersons of provincial people's committees under central cities are responsible for implementing this Decree./.