Decree No. 120/2020/ND-CP stipulates on the establishment, restructuring, and dissolution of public service units

DECREE

Regulations on the establishment, restructuring, and dissolution of public service units

Pursuant to the Law on Government Organization dated June 19, 2015 and the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the Law on Civil Servants dated November 15, 2010 and the Law Amending and Supplementing Certain Provisions of the Law on Public Officials and Civil Servants and the Law on Civil Servants dated November 25, 2019;

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

The Government promulgates this Decree stipulating regulations on the establishment, restructuring, and dissolution of public service units.

PART I

GENERAL PROVISIONS

1. The organization of receiving and processing administrative procedures electronically shall be carried out through the National Public Service Portal via the Linked Public Service Software, ensuring requirements for exploitation and restructuring of business processes towards integration and coordinated resolution, enhancing the quality of administrative services provided by relevant state agencies, facilitating business households, individuals, and related agencies and organizations in receiving and processing administrative procedures.

This Decree stipulates principles, conditions, procedures, formalities, authorities for the establishment, restructuring, dissolution, and autonomy in organizational structure of public service units.

Article 2. Applicability

1. Public service units under the management of ministries and ministerial-level agencies (hereinafter referred to as ministries) (excluding public service units under the Ministry of Public Security and the Ministry of National Defense) include:

a) Public service units under ministries (including: public service units within the organizational structure of ministries, public service units directly under ministries, and public service units abroad);

b) Public service units under general administrations and organizations equivalent to general administrations under ministries (hereinafter referred to as general administrations under ministries);

c) Public service units under departments, under bureaus under departments under ministries;

d) Public service units under offices under ministries;

đ) Public service units under bureaus under general administrations under ministries.

2. Public service units under government agencies (including public service units abroad).

3. Public service units under organizations established by the Government and the Prime Minister that are not public service units.

4. Public service units under the management of provincial People's Committees and municipal People's Committees directly under the central government (hereinafter referred to as provincial level), including:

a) Public service units under provincial People's Committees;

b) Public service units under specialized agencies under provincial People's Committees (hereinafter referred to as departments);

c) Public service units under inspection bureaus and equivalents under departments;

d) Public service units under other administrative organizations under provincial People's Committees.

5. Public service units under district People's Committees, urban districts, towns, and cities under provinces, cities directly under the central government (hereinafter referred to as district level).

6. The establishment, restructuring, and dissolution of public service units under the management of special administrative-economic zones shall be carried out in accordance with the provisions of the law and guiding documents.

7. The establishment, restructuring, and dissolution of government agencies shall be carried out in accordance with the provisions of the Law on Government Organization and other relevant legal regulations.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Public service units abroad are public service units under ministries, ministerial-level agencies, or under government agencies established by competent state agencies, having legal personality, seals, and separate accounts in accordance with the law, and located abroad.

2. Restructuring public service units involves reorganizing and improving public service units through forms such as division, separation, merger, consolidation; or adjusting names, positions, functions, and tasks to form new public service units.

Article 4. Principles for Establishing, Reorganizing, and Dissolving Public Service Units

1. The establishment, reorganization, and dissolution of public service units must comply with the conditions, procedures, formalities, and authorities stipulated in this Decree (in cases where specialized laws provide different regulations, such regulations shall be followed); a public service unit may provide multiple types of public services.

2. Newly established public service units (including public service units within public service units) must self-fund their regular expenses and investment costs (except in cases where new establishment is required to provide basic and essential public services). For public service units within public service units that self-fund regular expenses and investment costs, when newly established (including cases providing basic and essential public services), they must also self-fund regular expenses and investment costs.

3. Public service units operating ineffectively shall be reorganized or dissolved. Reorganization of public service units shall not increase the number of personnel receiving salaries from the state budget already approved by the competent authority, ensuring compliance with the regulations on the number of deputy positions within the unit, and implementing staff reduction according to the prescribed regulations.

Article 5. Conditions for Establishing, Reorganizing, and Dissolving Public Service Units

1. Conditions for Establishing Public Service Units

a) Consistent with the national industry planning or the network planning of public service units (if applicable) approved by the competent authority;

b) Meeting the criteria for establishing public service units as prescribed by specialized laws;

c) Clearly defining the objectives, functions, and tasks of the unit providing public services and serving state management;

d) Ensuring a minimum workforce of 15 people (excluding public service units providing basic and essential public services established according to the provisions of specialized laws);

For public service units that self-fund regular expenses, and those that self-fund both regular expenses and investment costs, when establishing these units, the minimum number of civil servants is determined according to the Establishment Plan. For public service units that self-fund regular expenses and investment costs and operate under a business mechanism, the minimum workforce includes civil servants and professionals under labor contracts.

For public service units abroad, the number of workers is approved by the Prime Minister in the Establishment Project of the public service unit.

đ) Having an office or a land allocation project for building an office approved by the competent authority (in case of constructing a new office); necessary initial equipment; human resources and operational funds as prescribed by law.

e) Public service units abroad: In addition to meeting the conditions stipulated in points a, b, c, d, and đ of this clause, it is necessary to ensure consistency with the foreign policy of the Party and State and agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country regarding the establishment and operation of public service units.

2. Conditions for Reorganizing Public Service Units

a) Adjustments to functions, tasks, and powers to align with the national industry planning or the network planning of public service units (if applicable) approved by the competent authority; ensuring improved operational efficiency and compliance with the minimum workforce requirements stipulated in point d of Clause 1 of this Article;

b) Not meeting the criteria for establishing public service units as prescribed by law;

c) Reorganization of units must not reduce their current financial autonomy; in cases where consolidation or merger of financially autonomous public service units at different levels is implemented, the level of financial autonomy of the public service unit after consolidation or merger shall be carried out according to the decision of the competent authority;

d) Public service units abroad: In addition to meeting one of the conditions stipulated in points a, b, and c of this clause, it is necessary to ensure consistency with the foreign policy of the Party and State and agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country regarding the reorganization and operation of public service units.

3. Conditions for Dissolving Public Service Units

a) No longer having the function or task of providing public services or serving state management;

b) Not meeting the criteria for establishing public service units as prescribed by law;

c) Three consecutive years of ineffective operations as assessed by the competent authority;

d) Implementation according to the national industry planning or the network planning of public service units (if applicable) approved by the competent authority;

đ) Public service units abroad: In addition to meeting one of the conditions stipulated in points a, b, c, and d of this clause, it is necessary to ensure consistency with the foreign policy of the Party and State and agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country regarding the dissolution of public service units.

Article 6. Autonomy in Organizational Structure

1. On organizational structure

a) Public service units that self-finance recurrent expenditures and investment expenditures shall decide to establish, reorganize, or dissolve subordinate units according to the autonomy project approved by the competent authority, ensuring compliance with functions, tasks, and meeting the criteria, conditions, and standards prescribed by law;

b) Public service units that self-finance recurrent expenditures shall decide to establish, reorganize, or dissolve non-structural subordinate units outside the organizational structure of the unit as decided by the competent authority, provided they meet the criteria, conditions, and standards prescribed by law; they shall develop plans for restructuring subordinate units to be submitted to the competent authority for decision;

c) Public service units that partially self-finance recurrent expenditures and public service units whose recurrent expenditures are guaranteed by the state budget shall develop plans for restructuring and improving the organizational structure of the unit to be submitted to the competent authority for decision in accordance with the provisions of law;

d) The establishment of departments, divisions, and other organizations that are not public service units (hereinafter referred to collectively as "departments") within public service units that self-finance recurrent expenditures, public service units that partially self-finance recurrent expenditures, and public service units whose recurrent expenditures are guaranteed by the state budget must meet the following criteria: The work or field carried out by the department must have at least two areas of work and have its own management process according to the requirements of the management object; the workload of the department requires at least seven staff members to be arranged;

2. On the framework of deputy positions for the heads of public service units

a) For public service units that self-finance recurrent expenditures and investment expenditures: the number of deputy positions for units within the organizational structure of ministries and ministerial-level agencies shall be arranged on average not exceeding three people per unit; other units shall implement according to the establishment project (in the case of new establishment) or the autonomy project of the unit already approved by the competent authority;

b) For public service units that self-finance recurrent expenditures: the number of deputy positions for units within the organizational structure of ministries and ministerial-level agencies shall be arranged on average not exceeding three people per unit; other units shall be arranged not exceeding three people;

c) For public service units that partially self-finance recurrent expenditures and public service units whose recurrent expenditures are guaranteed by the state budget:

The number of deputy positions for units within the organizational structure of ministries and ministerial-level agencies shall be arranged on average not exceeding three people per unit.

Units specified in point a, Clause 1 (excluding units within the organizational structure of ministries and ministerial-level agencies), Clause 2, and point a, Clause 4 of Article 2 of this Decree with up to twenty staff members being civil servants shall be arranged not more than two deputy positions; those with more than twenty staff members being civil servants shall be arranged not more than three deputy positions.

Units specified in points b, c, d, e, Clause 1, Clause 3, points b, c, d, Clause 4, and Clause 5 of Article 2 of this Decree shall be arranged not more than two deputy positions.

3. On the framework of deputy positions for the heads of departments within public service units

a) For departments within public service units that self-finance recurrent expenditures and investment expenditures: the number of deputy positions shall be implemented according to the establishment project (in the case of new establishment) or the autonomy project of the unit already approved by the competent authority;

b) For departments within public service units that self-finance recurrent expenditures shall be arranged not more than two Deputy Heads of Department;

c) For departments within public service units that partially self-finance recurrent expenditures and public service units whose recurrent expenditures are guaranteed by the state budget: With seven to nine staff members being civil servants, one Deputy Head of Department shall be arranged; with ten or more staff members being civil servants, not more than two Deputy Heads of Department shall be arranged.

4. Based on the framework of deputy positions stipulated in Clauses 2 and 3 of this Article (excluding units within the organizational structure of ministries and ministerial-level agencies), the Minister, the head of a ministerial-level agency, the head of a government agency, the head of an organization established by the Government or the Prime Minister that is not a public service unit, the People's Committee, and the Chairman of the Provincial People's Committee, the Chairman of the District People's Committee shall specifically determine the number of deputy positions for public service units under their management according to the following criteria:

a) The legal status, functions, tasks, and powers of the public service unit;

b) The scale in terms of the number of staff members and the number of subordinate organizations directly under the public service unit;

c) The scope of activities, nature, and characteristics of the specialized and professional fields of the public service unit.

Article 7. Management Board

1. Principles for establishment

a) Public service units that self-finance their regular expenses and investment costs must establish a Management Board to decide on important issues of the unit;

b) Based on specific conditions, management requirements, and regulations of specialized laws, when necessary, ministries, ministerial-level agencies, government agencies, and provincial people's committees shall stipulate the establishment of a Management Board for public service units not covered by point a, Clause 1 of this Article.

2. Conditions for establishment

Public service units specified in Clause 1 of this Article are provided with capital and assets by the State to implement public service supply according to the provisions of the law.

3. The Management Board represents the ministry, ministerial-level agency, government agency, organization established by the Government or the Prime Minister which is not a public service unit, and the provincial people's committee at the public service unit, performing the following tasks and powers: Deciding on the strategy, medium-term plan, and annual plan of the unit; deciding on policies to expand activities, establish, reorganize, and dissolve subordinate units; deciding on organizational structure and personnel matters (except for the number of employees implemented according to the law on civil servants); approving the organizational and operational regulations of the unit to submit to the competent authority for decision; approving the annual financial settlement report, implementing inspections and supervision of plan implementation, democratic regulations, and other important issues of the unit as prescribed by law.
4. The Management Board has from 05 to 11 members; the Chairman and other members of the Management Board are appointed by the head of the competent authority who approves the self-management proposal of the public service unit. The term of office of Management Board members does not exceed 05 years. The composition and number of Management Board members in public service units under sectors and fields are carried out according to the regulations of specialized laws and guidance of the sectoral management ministry.
The representative of the superior management agency of the public service unit in the Management Board includes representatives of the ministry, ministerial-level agency, government agency, organization established by the Government or the Prime Minister which is not a public service unit, the provincial people's committee, and the direct superior management agency (if any); working on a concurrent basis.

5. Operation Regulations of the Management Board

a) The Management Board operates according to the Operation Regulations approved by the competent authority in accordance with the guidance of the sectoral management ministry;

b) Provisions regarding the relationship between the Management Board and the head of the public service unit in the Management Board's Operation Regulations include: The Management Board decides on issues within its authority based on proposals from the head of the public service unit; the head of the public service unit manages and directs the unit's operations to implement Management Board resolutions and is responsible to the Management Board for the results of resolution implementation;

c) Provisions regarding the relationship between the Management Board and the superior management agency in the Management Board's Operation Regulations include: The Management Board is responsible to the superior management agency for the results of assigned tasks and powers; the Management Board is responsible for reporting to the superior management agency on the activities of the public service unit; the superior management agency approves or provides comments on issues within its authority based on proposals from the Management Board.

6. Procedures for establishing the Management Board

a) Public service units meeting the conditions specified in Clause 2 of this Article prepare documents to be submitted to the state agency with authority as specified in point b of this Clause and Clause 7 of this Article to be considered and decided on the establishment of the Management Board. The application documents include: A request for establishment of the Management Board; a proposal for establishment of the Management Board; a draft of the Management Board's Operation Regulations; related documents proving compliance with the conditions specified in Clause 2 of this Article; written opinions of relevant agencies on the establishment of the Management Board; other related documents (if any);

b) Appraisal agencies: The Cadre Organization Department or the Cadre Organization Board is the appraisal agency for the establishment of the Management Board in public service units under the management of ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister which are not public service units; the specialized agency advising state management on organizational structures under the provincial people's committee is the appraisal agency for the establishment of the Management Board in public service units under the management of the provincial people's committee;

c) Based on the provisions of Clause 1 and Clause 2 of this Article and the establishment request document, the appraisal document, the state agency with authority as specified in Clause 7 of this Article considers and decides on the establishment of the Management Board.

7. Authority to decide on the establishment of the Management Board in public service units and approve the operation regulations of the Management Board in public service units

a) The Minister, Head of a ministerial-level agency, Head of a government agency, and the head of an organization established by the Government or the Prime Minister which is not a public service unit decide on the establishment and approve the Operation Regulations of the Management Board in public service units under the management of ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister which are not public service units;

b) The provincial people's committee decides on the establishment and approves the Operation Regulations of the Management Board in public service units under the management of the provincial people's committee.

a) The Minister, the head of a ministry-level agency, the head of a government agency, and the head of an organization established by the Government or the Prime Minister that is not a public service unit shall decide on the establishment and approve the Operation Regulations of the Management Board in public service units under their management;

b) The People's Committee of a province shall decide on the establishment and approve the Operation Regulations of the Management Board in public service units under its management.

8. Pursuant to the provisions of this Article, the sectoral management body shall provide specific guidance on the functions, tasks, powers, organizational structure, and operational regulations of the Management Board in public service units under its sector or field, as well as the relationship between the Management Board and the head of the public service unit and the superior supervisory body. For educational institutions, the School Council shall be established in accordance with the specialized laws and shall perform the functions and tasks of the Management Board as stipulated in this Decree.

Chapter II

PROCEDURES AND FORMALITIES FOR THE ESTABLISHMENT, REORGANIZATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS

Section 1

ESTABLISHMENT

Article 8. Establishment Plan

1. The establishment plan for public service units shall be developed by the agency or organization proposing the establishment and submitted to the competent authority for decision-making.

2. Contents of the plan include:

a) Necessity and legal basis;

b) Objectives, scope of activities, and list of public services to be provided;

c) Type and name of the public service unit;

d) Location, functions, tasks, powers, and organizational structure;

đ) Financial mechanism, operational mechanism, and degree of financial autonomy;

e) Report explaining compliance with establishment criteria and conditions;

g) Proposed personnel (including the number of deputy positions of the unit as prescribed in Article 6 of this Decree and detailed guidance from the sectoral management body), job positions, number of staff by job position, structural composition of civil servants by occupational title, ensuring compatibility with functions, tasks, powers, operating budget, office premises, necessary equipment, and working tools;

h) Implementation plan and phased rollout of activities of the public service unit;

i) Recommendations of the agency or organization developing the establishment plan (if any);

k) Other contents as prescribed by specialized laws and detailed guidance from the sectoral management body.

Article 9. Proposal for Establishment

1. The proposal for establishing a public service unit shall be prepared by the agency or organization proposing the establishment and submitted to the competent authority for decision-making.

2. Contents of the proposal include:

a) Necessity and legal basis;

b) Process of developing the establishment plan;

c) Main contents of the establishment plan;

d) Issues with differing opinions and related issues.

3. The proposal for establishment must be signed by the head of the agency or organization proposing the establishment and submitted to the competent authority for decision-making.

4. Agencies or organizations proposing the establishment of public service units are as follows:

a) Ministries and ministerial-level agencies propose the establishment of units specified in point a and point b, Clause 1, Article 2 of this Decree;

b) General Departments under ministries and ministerial-level agencies propose the establishment of units specified in point đ, Clause 1, Article 2 of this Decree;

c) Departments under ministries and ministerial-level agencies propose the establishment of units specified in point c, Clause 1, Article 2 of this Decree;

d) Offices under ministries and ministerial-level agencies propose the establishment of units specified in point d, Clause 1, Article 2 of this Decree;

đ) Government agencies propose to the ministry (the ministry assigned by the Government to manage the sector or field of activity of the government agency) to establish units specified in Clause 2, Article 2 of this Decree;

e) Organizations established by the Government or the Prime Minister that are not public service units propose the establishment of units specified in Clause 3, Article 2 of this Decree;

g) People's Committees at provincial level propose the establishment of units specified in point a, Clause 4, Article 2 of this Decree;

h) Specialized agencies under People's Committees at provincial level propose the establishment of units specified in point b and point c, Clause 4, Article 2 of this Decree;

i) Other administrative organizations under People's Committees at provincial level propose the establishment of units specified in point d, Clause 4, Article 2 of this Decree;

k) People's Committees at district level propose the establishment of units specified in Clause 5, Article 2 of this Decree within the jurisdiction of the People's Committee at provincial level as prescribed by specialized laws;

l) Specialized agencies regarding sectors or fields under People's Committees at district level propose the establishment of units operating in sectors or fields specified in Clause 5, Article 2 of this Decree within the jurisdiction of the People's Committee at district level as prescribed by specialized laws and delegated by the People's Committee at provincial level.

Article 10. Soliciting Participation Opinions from Relevant Authorities and Organizations

1. The authority or organization proposing to establish a public service unit must send the draft proposal, report, and draft document of the authority or person with the power to decide on establishment to relevant authorities and organizations as prescribed by law to solicit written participation opinions on the establishment of the public service unit before submitting to the competent authority for review.

a) For public service units under the decision-making authority of the Government: The establishment proposal dossier shall be sent to solicit opinions from the Ministries of Home Affairs, Justice, Finance, Planning and Investment, the sector management ministry, and related agencies (if any).

b) For public service units under the decision-making authority of the Minister, Head of a ministerial-level agency, agency under the Government, and heads of organizations established by the Government and Prime Minister that are not public service units: The establishment proposal dossier shall be sent to solicit opinions from the organization providing advice on organizational cadres, legal affairs, planning, finance, and related organizations (if any).

c) For public service units under the decision-making authority of the People's Committee of a province: The establishment proposal dossier shall be sent to solicit opinions from specialized agencies of the People's Committee of a province regarding sectors and fields such as home affairs, justice, finance, planning and investment, and state management advisory agencies in the sectors and fields of operation of the public service unit and related organizations (if any).

d) For public service units under the decision-making authority of the People's Committee of a district: The establishment proposal dossier shall be sent to solicit opinions from specialized agencies of the People's Committee of a district regarding sectors and fields such as home affairs, justice, planning-finance, state management advisory agencies in the sectors and fields of operation of the public service unit and related organizations (if any).

Article 11. Review and Establishment Dossier

1. The dossier submitted to the authority or organization for review includes:

a) A request for review signed and stamped by the authority or organization proposing the establishment according to regulations;

b) Draft report on establishing a public service unit;

c) Draft proposal for establishing a public service unit;

d) Draft document of the authority or person with the power to decide on the establishment of a public service unit; draft regulation on the organization and operation of the public service unit and other related documents (land papers, budget, human resources);

đ) Written opinions of relevant authorities and organizations on the establishment of the public service unit;

e) Report of the authority or organization proposing the establishment on the adoption and explanation of the opinions of relevant authorities and organizations;

g) Other contents implemented in accordance with the provisions of specialized laws and guidance of the sector management ministry.

2. The dossier submitted to the authority or person with the power to decide on the establishment of a public service unit includes:

a) Report of the authority or organization proposing the establishment of a public service unit;

b) Proposal for establishing a public service unit;

c) Draft document of the authority or person with the power to decide on the establishment of a public service unit; draft regulation on the organization and operation of the public service unit and other related documents (land papers, budget, human resources);

d) Review document of the competent authority or organization;

đ) Report of the authority or organization proposing the establishment on the adoption and explanation of the opinions of the reviewing authority or organization;

e) Report of the authority or organization proposing the establishment on the adoption and explanation of the opinions of relevant authorities and organizations (attached with the participation opinion documents of relevant authorities and organizations) and other related documents for the establishment of the public service unit.

g) Other contents implemented in accordance with the provisions of specialized laws and guidance of the sector management ministry.

Article 12. Procedure for submission and receipt of establishment files

1. The agency or organization proposing to establish a public service unit shall submit one set of establishment files for the public service unit to the agency or organization designated for review under Clause 1, Article 13 of this Decree for examination; for related agencies or organizations to coordinate or be informed, only the names of these agencies or organizations shall be recorded in the recipient section of the document or the proposal letter requesting establishment (in cases where specialized laws provide otherwise, such provisions shall be followed).

2. The agency or organization receiving the establishment files of a public service unit must prepare a file list in accordance with regulations.

3. The submitted files are the original documents signed and stamped by the agency or organization proposing the establishment and other relevant documents as stipulated in Article 11 of this Decree.

Article 13. Examination of Public Service Unit Establishment

1. Examining Agencies or Organizations

a) The Ministry of Home Affairs examines public service units within the decision-making authority of the Government or the Prime Minister;

b) The organizational cadre department under ministries, ministerial-level agencies, government agencies, or organizations established by the Government or the Prime Minister that are not public service units examine public service units within the decision-making authority of the Minister or head of a government agency; or the head of an organization established by the Government or the Prime Minister that is not a public service unit;

c) The specialized agency advising on state management in the organizational structure field under the provincial People's Committee examines public service units within the decision-making authority of the provincial People's Committee;

d) The specialized agency advising on state management in the organizational structure field under the district People's Committee examines public service units within the decision-making authority of the district People's Committee;

e) For public service units where specialized laws specify criteria and conditions for operation, the examining agency for such criteria and conditions is specified by the specialized laws.

2. Content of Examination Includes:

a) The necessity and legal basis for establishing a public service unit;

b) Objectives, scope, target group, name, organizational form, position, function, tasks, powers, and organizational structure; job positions, number of employees, and staff structure by occupational title; financial mechanism of the public service unit;

c) Establishment files and procedures for public service units as prescribed;

d) Conditions ensuring operations for public service units upon establishment;

e) Compliance with establishment and operational criteria and conditions as prescribed by law;

f) Feasibility of establishing a public service unit;

g) Draft documents of the agency or person authorized to decide on the establishment of a public service unit; draft regulations on organization and operation of the public service unit.

In cases where issues are unclear or there are differing opinions, the examining agency or organization may require the agency or organization proposing the establishment of a public service unit to provide supplementary explanations in writing or, based on authorization from the person authorized to decide on establishment, convene a meeting with the agency or organization submitting the project and related agencies to clarify and report back to the agency or person authorized to decide.

3. Where the decision to establish a public service unit is a regulatory legal document, the examination must also comply with the provisions of the law on promulgating regulatory legal documents.

Article 14. Decision on establishment

The agency or person with the authority to decide on establishment bases the decision on the establishment proposal document and the review document to issue the establishment document for public service units. The establishment decision must be consistent with the authority to establish public service units and the provisions of other relevant regulatory legal documents.

Article 15. Handling of files and time limit for resolving establishment matters

1. Regarding the review of the establishment of public service units

a) For the establishment of public service units within the authority to decide of the Government, Prime Minister, the review period is 15 days from the date of receiving complete files in accordance with regulations, the reviewing agency or organization must send the review document to the proposing agency or organization.

b) For the establishment of public service units not within the authority to decide of the Government, Prime Minister, the review period is 10 days from the date of receiving complete files in accordance with regulations, the reviewing agency or organization must send the review document to the proposing agency or organization.

2. Regarding the decision on the establishment of public service units

Within 25 days from the date the proposing agency or organization completes the files according to the opinions of the reviewing agency or organization and submits them in accordance with regulations, the agency or person with the authority to decide must issue the establishment decision.

In case the agency or person with the authority to decide on establishment disagrees with the establishment of the public service unit, they shall provide comments in writing (specifying the reasons) to the proposing agency or organization.

3. In cases where specialized laws have different provisions regarding the review period and the decision on the establishment of public service units, such provisions shall be implemented in accordance with the specialized laws.

Section 2

REORGANIZATION AND DISSOLUTION

Article 16. Proposal and report on reorganization of public service units

1. Contents of the proposal for reorganizing public service units include:

a) The contents stipulated in Clause 2 of Article 8 of this Decree;

b) The current organizational structure and operation status of the public service unit before reorganization;

c) Plan for handling organizational structure, personnel, finance, assets, land, and other related issues;

d) Documents from agencies or organizations with authority confirming financial status, assets, land, loans, debts payable, and other related issues (if any);

e) Regulations on the responsibility of the head of the public service unit and related individuals for implementing the reorganization plan and the deadline for handling.

2. The contents of the report on reorganizing public service units shall be carried out similarly to the report on establishing public service units as stipulated in Article 9 of this Decree.

Article 17. Proposal and report on dissolution of public service units

1. Contents of the proposal for dissolving public service units include:

a) The necessity and legal basis for dissolution;

b) Plan for handling organizational structure, personnel, finance, assets, land, and other related issues;

c) Documents from agencies or organizations with authority confirming financial status, assets, land, loans, debts payable, and other related issues (if any);

d) Regulations on the responsibility of the head of the public service unit and related individuals for implementing the dissolution plan and the deadline for handling.

2. The contents of the report on dissolving public service units shall be carried out similarly to the report on establishing public service units as stipulated in Article 9 of this Decree.

Article 18. Documents and procedures for restructuring and dissolution of public service units

1. Documents for restructuring and dissolution of public service units include:

a) Proposal for restructuring and dissolution of public service units;

b) Petition for restructuring and dissolution of public service units;

c) Draft document of the competent authority deciding on restructuring and dissolution of public service units;

d) Documents from competent authorities confirming the completion of financial, property, land, loan, payable debt obligations and other related matters (if applicable) in cases of dissolution of public service units.

2. Soliciting opinions from relevant agencies and organizations; procedures for submitting and receiving documents; reviewing; processing documents and time limits for resolving restructuring and dissolution of public service units shall be carried out as prescribed for establishing public service units.

Chapter III

 AUTHORITY AND RESPONSIBILITY

Article 19. Authority of the Government, Prime Minister

1. The Government decides on establishment, restructuring, and dissolution of public service units as specified in the Decree stipulating functions, tasks, powers, and organizational structure of ministries, ministerial-level agencies, government-affiliated agencies, and public service units within the Government's decision-making authority according to specialized laws.

2. The Prime Minister

a) Approves planning for networks of public service units by sector and field; issues lists of basic and essential public services in each sector and field (except where otherwise provided by specialized laws);

b) Decides on establishment, restructuring, and dissolution of public service units as specified in points a, b, clauses 1, 2, 3, point a clause 4 of Article 2 of this Decree (excluding units specified in clause 1 of this Article); public service units within the Prime Minister's decision-making authority according to specialized laws and other public service units as prescribed by law.

Article 20. Authority and responsibility of Ministers managing sectors and fields

1. Proposes to the Prime Minister planning for networks of public service units by sector and field as prescribed by law and implements such plans upon approval by the Prime Minister.

2. Issues specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units by sector and field within their authority; takes the lead and coordinates with the Ministry of Home Affairs and the Ministry of Finance to propose to the Prime Minister lists of basic and essential public services in each sector and field.

3. Provides detailed guidance on functions, tasks, powers, organizational structure, operational regulations of Management Councils in public service units by sector and field, relationships between Management Councils and heads of public service units and superior management agencies as prescribed by law, after soliciting opinions from the Ministry of Home Affairs.

4. Issues standards and conditions for appointment and removal of Management Council members and Chairpersons of Management Councils consistent with specialized laws after soliciting opinions from the Ministry of Home Affairs.

Article 21. Competence and responsibilities of the Minister, Head of a ministry-level agency, Head of a government-affiliated agency, and person in charge of organizations established by the Government or the Prime Minister that are not public service units.

1. The Minister and Head of a ministry-level agency shall decide on the establishment, restructuring, and dissolution of public service units as follows:

a) Units specified in point c, d, đ of Clause 1, Article 2 of this Decree;

b) Other public service units as prescribed by law.

2. The Head of a government-affiliated agency and person in charge of organizations established by the Government or the Prime Minister that are not public service units shall decide on the establishment, restructuring, and dissolution of other public service units as prescribed by law.

3. Prescribe functions, tasks, powers, and organizational structure of public service units under their management as prescribed by law; approve self-management proposals of public service units within their management scope; guide, inspect, and supervise implementation according to approved proposals.

4. Decide on the establishment of Management Boards and approve operational regulations of Management Boards in public service units under their management as prescribed by law and guidelines from the sectoral management ministry.

5. Appoint the Chairman and other members of Management Boards in public service units that self-fund regular expenses and investment costs and other public service units decided upon by themselves as stipulated in point b, Clause 1, Article 7 of this Decree.

Article 22. Competence and responsibilities of the Minister of Home Affairs.

1. Propose to the Government to prescribe procedures and conditions for establishing, restructuring, and dissolving public service units and the framework for the number of deputy positions in public service units.

2. Coordinate with sectoral management ministries to propose to the Prime Minister to issue lists of basic and essential public services in each sector.

3. Participate in providing opinions on issuing regulatory documents as prescribed in Clause 3 and Clause 4, Article 20 of this Decree.

4. Coordinate with ministries, ministry-level agencies, and provincial People's Committees to inspect and audit the establishment, restructuring, and dissolution of public service units.

5. Summarize and report on the organization of public service units nationwide.

Article 23. Competence of the Minister of Finance.

1. Guide or submit to competent authorities for issuance of documents regulating financial and asset handling when restructuring and dissolving public service units as prescribed by law.

2. Guide the allocation of capital and assets to public service units to provide public services as prescribed by law.

3. Coordinate with sectoral management ministries to propose to the Prime Minister to issue lists of basic and essential public services in each sector.

Article 24. Competence and responsibilities of provincial People's Committees, Chairpersons of provincial People's Committees, and district People's Committees.

1. Provincial People's Committee

a) Decide on the establishment, restructuring, and dissolution of public service units as follows: Units specified in point b, point c, and point d of Clause 4, Clause 5, Article 2 of this Decree and other public service units as prescribed by law;

b) Prescribe functions, tasks, powers, and organizational structures of public service units under provincial People's Committees as prescribed by law; approve self-management proposals of public service units within their management scope; guide, inspect, and supervise implementation according to approved proposals;

c) Decide on the establishment of Management Boards and approve operational regulations of Management Boards in public service units under their management as prescribed by specialized laws and guidelines from sectoral management ministries;

d) Implement decentralization as prescribed by law to grant district People's Committees authority to decide on the establishment, restructuring, and dissolution of certain types of public service units.

2. Chairpersons of provincial People's Committees.

a) Prescribe functions, tasks, powers, and organizational structures of public service units specified in point b, point c, and point d of Clause 4 and Clause 5, Article 2 of this Decree as prescribed by law;

b) Appoint the Chairman and other members of Management Boards in public service units that self-fund regular expenses and investment costs and other public service units decided upon by provincial People's Committees as stipulated in point b, Clause 1, Article 7 of this Decree.

3. District People's Committees decide on the establishment, restructuring, and dissolution and prescribe functions, tasks, powers, and organizational structures of public service units specified in Clause 5, Article 2 of this Decree as prescribed by law and decentralization by provincial People's Committees.

Article 25. Competence and responsibility of the head of a public service institution

1. Develop the self-management proposal (including contents on self-management regarding task implementation, organizational structure, personnel, and finance) of the unit, submit to the competent authority for approval; organize the implementation and bear responsibility before the direct superior management agency and under the law for the contents according to the unit's self-management proposal.

2. Ensure the quality of public service activities according to the criteria and standards prescribed by the state competent authority.

3. Submit to the competent authority to decide on the establishment and define the functions, tasks, powers, and organizational structure of the Management Board in accordance with the regulations.

4. Implement the provisions on public disclosure and accountability for the unit's operations in accordance with the law.

Article 26. Information provision and reporting system for public service institutions

1. The People's Committee at the district level shall be responsible for implementing the information provision and reporting system about the organization of public service institutions under its management to the provincial People's Committee for reporting to agencies and organizations as prescribed.

2. Ministries, ministerial-level agencies, government agencies, organizations established by the Government or the Prime Minister that are not public service institutions, Hanoi National University, Ho Chi Minh City National University, and provincial People's Committees shall be responsible for:

a) Providing information about public service institutions under their management to relevant agencies, organizations, and individuals in accordance with the law.

b) Regularly compiling and submitting reports on data about public service institutions under their management to the sectoral management ministry, the field ministry, and the Ministry of Home Affairs before December 20th each year for compilation as prescribed.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 27. Transitional Provisions

1. Agencies and organizations that have submitted proposals and reports to the competent authority or person authorized to decide on the establishment, restructuring, or dissolution of public service institutions before this Decree takes effect, but have not yet received decisions from the competent authority or person authorized to establish, restructure, or dissolve such institutions, must review and complete the proposals to comply with the provisions of this Decree and resubmit the revised proposals to the competent authority or person authorized to make the decision on establishment in accordance with the procedures and formalities for establishing, restructuring, or dissolving public service institutions stipulated in this Decree.

2. For public service institutions established before this Decree takes effect

a) Units that do not meet the minimum number of staff requirements as stipulated in Point d Clause 1 Article 5 of this Decree must reorganize themselves before March 31, 2021;

b) Units with more deputy positions than the number of deputy positions prescribed in Article 6 of this Decree must adjust the number of deputy positions within 12 months to comply with the provisions of this Decree.

In cases where the reorganization of public service institutions increases the number of deputy positions beyond the provisions of this Decree, within a maximum period of three years from the date of reorganization, the directly managing agency of the public service institution and the head of the public service institution shall be responsible for adjusting and arranging to reduce the number of deputy positions to ensure compliance with the provisions of this Decree; additional appointments may only be made when the number of deputy positions is below the prescribed limit.

3. Ministries, sectors, and localities shall be responsible for reviewing the Management Boards in public service institutions under their jurisdiction to improve them in accordance with the provisions of this Decree.

Article 28. The provisions of this Decree shall be applied to other subjects.

Public service units under the Hanoi National University, Ho Chi Minh City National University; public service units under public service units prescribed from Clause 1 to Clause 5 of Article 2 of this Decree and public service units under political organizations and political-social organizations shall apply the provisions of this Decree and relevant regulations of the Party and laws accordingly.

Article 29. Effective Date

This Decree takes effect from December 1, 2020, replacing Government Decree No. 55/2012/NĐ-CP dated June 28, 2012, which stipulates procedures and formalities for establishing, restructuring, and dissolving public service units; abolishing the provisions on self-governance of organizational structures and Management Councils set forth in Government Decree No. 16/2015/NĐ-CP dated February 14, 2015, concerning the mechanism of self-governance of public service units.

Article 30. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, persons in charge of agencies established by the Government or the Prime Minister that are not public service units, Chairpersons of provincial People's Committees directly under the central government, heads of public service units, and related agencies and organizations are responsible for implementing this Decree./.