Decree No. 107/2020/NĐ-CP amends and supplements some articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally-run cities.

DECREE

Amending and supplementing some articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government

The Government promulgates this Decree amending and supplementing some articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government.

Article 1. Amending and supplementing some articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government (hereinafter referred to as departments)

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

1. Amending and supplementing Clause 1 and Clause 2 of Article 4 as follows:

"1. Submitting to the provincial People's Committee (hereinafter referred to as the provincial level):

a) Draft decisions of the provincial People's Committee related to the sector and field under the management of the department and other documents assigned by the provincial People's Committee;

c) Draft decisions on the delegation of tasks and powers for management of the state within the sector and field to the department, district People's Committee, urban district People's Committee, town People's Committee, and city People's Committee directly under the central government (hereinafter referred to as the district level);
d) Draft decisions detailing the functions, tasks, powers, and organizational structure of the department; draft decisions detailing the functions, tasks, powers, and organizational structure of the inspection bureau and public service units under the department;
b) Drafting plans for sectoral and field development; programs and measures to organize the implementation of tasks related to sectors and fields within the province's jurisdiction in the scope of management of the department;
đ) Draft decisions implementing socialization of activities providing public services according to the sector and field under the authority of the provincial People's Committee and according to the delegation from higher-level state agencies.
2. Submitting to the Chairman of the provincial People's Committee: Draft documents within the authority to issue by the Chairman of the provincial People's Committee according to the assignment."
2. Amending and supplementing Clause 6 of Article 4 as follows:

"6. Guiding the implementation of the self-management mechanism for public service units under the sector and field managed in accordance with the law; managing the activities of public service units both inside and outside the public sector within the scope of the sector and field."

Article 5. Organizational structure of the department

b) Workload requiring at least 07 civil servant positions for rooms under the departments of Hanoi City and Ho Chi Minh City; at least 06 civil servant positions for rooms under departments of Class I provinces; at least 05 civil servant positions for rooms under departments of Class II and Class III provinces.

3. Amend and supplement Article 5 as follows:

"3. Criteria for establishing the Office under the department shall be applied in accordance with point b Clause 2 of this Article. In cases where the Office under the department is not established, one specialized room shall be assigned to perform the functions and tasks of the Office.
1. The organizational structure of the department includes:
a) Specialized and professional departments;
b) Inspectorate (if any);
c) Office (if any);
d) District-level agency and equivalent organization (if any);
đ) Publicly funded institutions (if any).
2. Criteria for establishing specialized and professional departments under the department
a) Having functions and tasks to advise on state management in the industry and field within the functions and tasks of the department;
5. Criteria for establishing rooms and equivalent units under the inspection bureau under the department
b) Workload requiring at least 05 civil servant positions."
4. Criteria for establishing inspection units and equivalent organizations under the department (hereinafter referred to collectively as inspection units)
a) Having objects of management in the specialized industry and field within the functions and tasks of the department as prescribed by specialized laws;
b) Being delegated authority to decide on issues within the scope of state management in the specialized industry and field;
c) The workload requires at least 12 civil servant positions.
"Article 6. Heads, deputy heads of the heads of the department and the number of deputy heads of organizations and units under the department
a) Having functions and tasks to advise on state management in the industry and field within the functions and tasks of the inspection unit or advising on internal administrative work of the inspection unit;

a) Head of the department under the provincial People's Committee (hereinafter referred to as Director of the Department), is a member of the provincial People's Committee elected by the Provincial People's Council, is the head of the department appointed by the Chairman of the provincial People's Committee, is responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and before the law for performing the functions, tasks, and powers of the department and for performing the tasks and powers of a member of the provincial People's Committee according to the Working Regulations and assignment of the provincial People's Committee;

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

b) Deputy head of the head of the department under the provincial People's Committee (hereinafter referred to as Deputy Director of the Department) is appointed by the Chairman of the provincial People's Committee upon the proposal of the Director of the Department, assisting the Director of the Department in performing specific tasks assigned by the Director of the Department and being responsible before the Director of the Department and before the law for the performance of the assigned tasks. When the Director of the Department is absent, one Deputy Director of the Department is entrusted by the Director of the Department to take charge of the operations of the department. A Deputy Director of the Department shall not concurrently hold the position of head of an organization or unit under and directly under the department, except as otherwise provided by law;
1. Heads and deputy heads of the department
On average, each department has 03 Deputy Directors. Based on the number of departments established and the total number of Deputy Directors, the provincial People's Committee decides specifically the number of Deputy Directors of each department appropriately. For Hanoi City and Ho Chi Minh City, in addition to the total number of Deputy Directors stipulated according to the general average, each city may increase up to 10 Deputy Directors.
a) Rooms under the departments of Hanoi City and Ho Chi Minh City with less than 10 civil servant positions, rooms under departments of Class I provinces with less than 09 civil servant positions, and rooms under departments of Class II and Class III provinces with less than 08 civil servant positions shall be allocated 01 Deputy Room Head;
c) Number of Deputy Directors of the Department

b) Rooms under the departments of Hanoi City and Ho Chi Minh City with 10 to 14 civil servant positions, rooms under departments of Class I provinces with 09 to 14 civil servant positions, and rooms under departments of Class II and Class III provinces with 08 to 14 civil servant positions shall be allocated no more than 02 Deputy Room Heads;
2. Number of Deputy Heads of specialized and professional departments under the department
b) Inspection bureaus with 08 civil servant positions or more shall be allocated no more than 02 Deputy Inspectors-in-Chief.
6. Number of Deputy Room Heads under the inspection bureaus under the department
c) A department under the department with fifteen civil servant positions or more shall be allocated no more than three Deputy Heads.
3. Number of Deputy Heads of the Department Inspectorate
a) The Department Inspectorate with fewer than eight civil servant positions shall be allocated one Deputy Head of the Department Inspectorate;
a) Rooms with less than 07 civil servant positions shall be allocated 01 Deputy Room Head;
4. The number of Deputy Heads of the Department Office shall be implemented according to the provisions of Clause 2 of this Article.
5. The number of Deputy Chiefs of District-level Agencies under the department
a) An inspection unit with one to three departments and equivalent units shall be allocated one Deputy Chief;
b) An inspection unit without departments or with four or more departments and equivalent units shall be allocated no more than two Deputy Chiefs.
b) Rooms with 07 civil servant positions or more shall be allocated no more than 02 Deputy Room Heads."
5. Amending and supplementing Clause 1 and Clause 2 of Article 8 as follows:

"1. Department of Home Affairs:

5. Amend and supplement Clause 1 and Clause 2 of Article 8 as follows:

"1. Department of Civil Service:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: organizational structure; job positions, civil servant quotas, and the cadre rank structure in administrative state agencies; job positions, the structure of personnel according to occupational titles, and the number of employees in public service units; salaries for cadres, civil servants, personnel, and contractual workers in administrative agencies, public service units; administrative reform, civil service system reform, and public service system reform; local administration; administrative boundaries; cadres, civil servants, and personnel; village-level civil servants and non-professional staff at the commune level, village level, and neighborhood level; training and capacity building for cadres, civil servants, personnel, and village-level civil servants; associations, non-governmental organizations; state archives and record keeping; beliefs and religions; youth work; commendation and rewards.
2. Department of Justice:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: legal system construction and implementation; legal supervision; inspection and handling of regulatory legal documents; legal education and dissemination; legal system; notarization and certification; adoption; commercial arbitration; civil status registration; nationality; criminal record; state compensation; lawyers and legal consultation; legal aid; forensic examination; grassroots mediation; auction sales; management of administrative violation handling and other judicial affairs as prescribed by law.

6. Amend and supplement Clause 5 of Article 8 as follows:

"5. Department of Industry and Trade:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: machinery; metallurgy; electricity; new energy; renewable energy; oil and gas (if applicable); chemicals; industrial explosives; mining industry and mineral processing (excluding construction materials); consumer goods industry; food industry; supporting industries; other processing industries; small-scale handicrafts; promoting small-scale industries; commodity circulation on the territory; export and import; trade promotion; e-commerce; commercial services; competition management; consumer rights protection; international economic integration; management of industrial clusters on the territory."

7. Amend and supplement Clause 8 and Clause 9 of Article 8 as follows:

"8. Department of Construction:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: urban planning and architecture; construction investment activities; urban development; urban technical infrastructure and industrial zones, economic zones, high-tech zones (including: urban water supply and drainage, industrial zone water supply and drainage, urban lighting, urban parks and green spaces, cemetery management except for martyrs' cemeteries, urban transportation infrastructure management excluding operation, maintenance, and use management of urban transportation infrastructure, urban underground space management, common use management of urban technical infrastructure); housing; office buildings; real estate market; construction materials.

For Hanoi City and Ho Chi Minh City, the advisory function on urban planning and architecture shall be performed by the Department of Planning and Architecture.
9. Department of Natural Resources and Environment:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: land; water resources; mineral resources and geology; environment; solid waste; meteorology and hydrology; climate change; surveying and mapping; comprehensive and unified management of the sea and islands (for coastal and island provinces).

8. Amend and supplement Clause 11 and Clause 12 of Article 8 as follows:

"11. Department of Labor, Invalids and Social Affairs:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: labor, wages, and employment in the business sector; vocational education (excluding teacher training schools); social insurance; occupational safety and health; war veterans; social assistance; children; gender equality; prevention and control of social evils.

12. Department of Culture, Sports and Tourism:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: culture; family; physical culture, sports, tourism, and advertising (excluding advertising in newspapers, online media, publications, and integrated advertising on postal, telecommunications, and information technology products and services); the use of the National Flag, Emblem, National Anthem, and portraits of President Ho Chi Minh.

In cases where there is a separate Department of Tourism, the advisory function for state management of tourism shall be performed by the Department of Tourism.

9. Amend and supplement Clause 16 and Clause 17 of Article 8 as follows:

"16. Provincial Inspectorate:

Advising and assisting the Provincial People's Committee in performing state management functions regarding: inspection work; complaint and denunciation resolution and anti-corruption; receiving citizens.

17. People's Committee Office:

Advising and assisting the Provincial People's Committee regarding: programs and plans of the People's Committee and the Chairman of the Provincial People's Committee; administrative procedure control; organization and implementation of the single window mechanism within the jurisdiction of the locality; organization, management, and publication of official information about the activities of the People's Committee and the Chairman of the Provincial People's Committee; serving as the portal website hub, connecting the administrative electronic information system to support leadership and command operations of the People's Committee and the Chairman of the Provincial People's Committee; managing the bulletin board and serving the common activities of the Provincial People's Committee; assisting the Chairman and Vice Chairmen of the Provincial People's Committee in performing their tasks and powers within their authority; internal management of the People's Committee Office.

In cases where there is no separate Department of Foreign Affairs or Ethnic Minority Affairs, the advisory function for state management of foreign affairs and ethnic minority affairs shall be performed by the People's Committee Office.

10. Amend and supplement Article 9 as follows:

"Article 9. Special Departments to be established in some localities

1. Department of Foreign Affairs:

Advise and assist the Provincial People's Committee in performing state management functions regarding: foreign affairs work and national border management (for provinces with borders).

The Department of Foreign Affairs shall be established when meeting one of the following criteria:
a) Having an international land border checkpoint;
b) Having an international air checkpoint;
c) Having an international seaport;
d) Having 500 or more foreign investment projects in operation (or having a total foreign investment capital of over 100,000 billion Vietnamese dong), with more than 4,000 foreigners currently residing and working in the locality, annual import and export turnover reaching 100,000 billion Vietnamese dong or more, and having signed international cooperation agreements with five or more localities.

2. Ethnic Minority Affairs Board:

Provide advisory services and assist the provincial People's Committee in performing state management functions related to ethnic affairs.

The Ethnic Minority Affairs Board shall be established when meeting the following criteria:
a) Having at least 20,000 ethnic minority people living concentrated in village communities;
b) Having at least 5,000 ethnic minority people requiring focused assistance and support for development from the State;
c) Having ethnic minority populations living in areas that are strategically important for national security and defense; intermingled agricultural and residential areas; border regions where there are large numbers of ethnic minorities from both Vietnam and neighboring countries frequently crossing back and forth.

3. Department of Tourism:

Advising and assisting the People's Committee at the provincial level in performing state management functions regarding the tourism sector.

The Department of Tourism shall be established when meeting all of the following criteria:
a) Possessing tangible cultural heritage recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a World Heritage Site or having outstanding tourism resources and potential (having a national tourist area, national tourist site, or large-scale, prominent tourist city, sightseeing and resort area);
b) The tourism industry being identified as a key economic sector in the orientation for socio-economic development of the locality, contributing an economic value from tourism accounting for 10% or more of the locality’s Gross Domestic Product (GDP) annually for five consecutive years.

4. Department of Planning and Architecture (established in Hanoi City and Ho Chi Minh City):

Provide advisory services and assist the municipal People's Committee in performing state management functions related to urban planning and architecture.

11. Amend and supplement Article 10 as follows:

"Article 10. Minister of Home Affairs

1. Submit to the Government for approval the framework on standards for leadership and management positions at the provincial department level, sub-department level, department level under provincial departments, and department level under sub-departments under provincial departments, and department level under district People's Committees.
2. Coordinate with sectoral ministries and agencies to guide the functions, tasks, and authorities of specialized agencies under provincial and district People's Committees.
3. Consolidate and monitor the restructuring and organizational structure of specialized agencies under provincial and district People's Committees.

4. Inspect, audit, handle complaints and denunciations within the scope of authority.

12. Amend and supplement Article 11 as follows:

"Article 11. Ministers, Heads of Ministries Equivalent to Ministries
1. Direct, guide, and inspect professional matters concerning departments within their industry and sector.
2. Guide the implementation of functions, tasks, and powers according to the sector and field under their management for specialized agencies under the provincial and district People's Committees, and guide the functions, tasks, and powers of bureaus under departments.
3. Guide the implementation of functions, tasks, and powers and organizational structure of public service units under departments according to the sector and field under their management.

4. Inspect, audit, handle complaints and denunciations within the scope of authority.

13. Amend and supplement Article 12 as follows:

"Article 12. Provincial People's Committee
1. Specify the functions, tasks, and powers of departments in accordance with the guidance of the ministry managing the sector and field; decide on the organizational structure and number of Deputy Directors of departments suitable for the requirements of state management in the locality and the criteria stipulated in this Decree.
2. Specify the functions, tasks, and powers of bureaus under departments in accordance with the guidance of the ministry managing the sector and field; decide on the establishment of bureaus under departments and the organizational structure of such bureaus in accordance with this Decree.
3. Decide on the establishment, restructuring, dissolution of public service units under departments in accordance with the law, ensuring consistency with the approved network plan of public service units by the Prime Minister, guidance of the ministry managing the sector and field, and the Ministry of Home Affairs.

4. Decide on decentralization to district People's Committees, decentralization or delegation to departments and department heads to perform one or several tasks and powers within the scope of authority of the provincial People's Committee as prescribed by law.

5. Based on the framework regulations of the Government and upon the proposal of the Director of the Department of Home Affairs, specify the standards for leadership and management positions at the department level, bureau level under departments, equivalent offices under departments, and specialized offices under district People's Committees, ensuring suitability with the characteristics of the locality and not lower than the framework regulations of the Government.

6. Annually report to the Provincial People's Council, the Ministry of Home Affairs, and the ministry managing the sector and field about the organization and activities of departments.

7. Inspect, audit, handle complaints and denunciations within the scope of authority.”

14. Amend and supplement Article 13 as follows:

"Article 13. Chairman of the Provincial People's Committee
1. Lead and direct departments to perform their assigned functions and tasks.
2. Appoint, reappoint, dismiss, accept resignation, transfer, commend, discipline, retire, and implement policies and systems for department directors and deputy directors in accordance with Party regulations and laws.

3. Decide on the number of deputies of agencies and units under departments based on the proposal of the department director, in accordance with the criteria stipulated in this Decree."

Article 2. Transitional Provisions

1. Localities that have piloted the consolidation and merger of specialized agencies according to Conclusion No. 34-KL/TW dated August 7, 2018 of the Politburo on implementing certain pilot models pursuant to Resolution No. 18-NQ/TW dated October 25, 2017, shall complete the summary of the pilot implementation as required by the competent authority.

2. The reorganization of units under departments according to the criteria stipulated in this Decree must be completed before March 31, 2021.

3. During the process of reorganizing organizations, the number of deputies of heads of organizations and units resulting from mergers and consolidations may exceed the provisions of this Decree, but when a deputy retires or transfers, no replacement shall be made, and measures to adjust and reorganize the excess number of deputies must be implemented to ensure that within three years from the date of merger and consolidation, the number of deputies of heads of organizations and units complies with the regulations.

Article 3. Effectiveness

This Decree takes effect from November 25, 2020.

Article 4. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.