Provisions on the establishment, reorganization, and dissolution of administrative organizations

DECREE
REGULATING THE ESTABLISHMENT, REORGANIZATION, AND DISSOLUTION OF ADMINISTRATIVE ORGANIZATIONS

BASED ON THE LAW ON GOVERNMENT ORGANIZATION NO. 63/2025/QH15;

BASED ON THE LAW ON LOCAL GOVERNMENT ORGANIZATION NO. 72/2025/QH15;

IN ACCORDANCE WITH THE PROPOSAL OF THE MINISTER OF HOME AFFAIRS;

THE COUNCIL OF MINISTRIES ISSUES THIS DECREE REGULATING THE ESTABLISHMENT, REORGANIZATION, AND DISSOLUTION OF ADMINISTRATIVE ORGANIZATIONS.

CHAPTER I GENERAL PROVISIONS

ARTICLE 1. SCOPE OF APPLICATION

This Decree regulates the principles, conditions, procedures, and formalities for the establishment, reorganization, and dissolution of administrative organizations.

ARTICLE 2. APPLICABLE SUBJECTS

1. Administrative organizations of ministries and agencies at ministerial level (hereinafter referred to as "ministries"), including:

a) Offices (if any), inspection offices (if any), departments, bureaus, and equivalent organizations within the organizational structure of the ministry;

b) Sections within the organizational structure of the office, inspection office (if any), department (if any), and equivalent organization under the ministry;

c) Bureaux, sections, offices (if any), inspection offices (if any) within the organizational structure of the bureau and equivalent organizations under the ministry (hereinafter referred to as "bureau under the ministry");

d) Branches and equivalent organizations under the bureau under the ministry (hereinafter referred to as "branch under the bureau under the ministry");

d) Sections and equivalent organizations within the organizational structure of the branch under the bureau under the ministry;

e) Teams and equivalent organizations within the organizational structure of the branch under the bureau under the ministry and teams and equivalent organizations of type 1 bureaus under the ministry;

g) The establishment, reorganization, and dissolution of general directorates and equivalent organizations (including internal organizations of the general directorate), which are part of the organizational structure of the Ministry of National Defense, shall be regulated by a Decree of the Council of Ministers on the functions, tasks, powers, and organizational structure of the Ministry of National Defense.

2. Administrative organizations at provincial level (hereinafter referred to as "provincial level"), including:

a) Professional agencies under the People's Committee at the provincial level (hereinafter referred to as "departments");

b) Offices (if any), professional and business sections, branches, and equivalent organizations within the organizational structure of the department;

c) Sections within the organizational structure of the branch and equivalent organization under the department;

d) Other administrative organizations under the People's Committee at the provincial level;

d) Offices (if any), sections, branches, and equivalent organizations within the organizational structure of other administrative organizations under the People's Committee at the provincial level;

e) Sections within the organizational structure of the branch and equivalent organization (if any) under other administrative organizations under the People's Committee at the provincial level.

3. Administrative organizations at commune, ward, special zone levels in provinces or municipalities directly under the central government (hereinafter referred to as "communal level"), including:

a) Professional agencies under the People's Committee at the communal level;

b) Other administrative organizations under the People's Committee at the communal level.

4. This Decree does not apply to the establishment, reorganization, and dissolution of the following bodies:

a) Ministries and agencies at ministerial level;

b) People's Councils and People's Committees at provincial level;

c) People's Councils and People's Committees at communal level;

d) Missions abroad of the Socialist Republic of Vietnam;

d) Administrative organizations with special status established, reorganized, or dissolved in accordance with the provisions of a competent authority.

ARTICLE 3. INTERPRETATION OF TERMS

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

1. An administrative organization is an organization entrusted with advisory functions to assist the head of the agency or organization in performing state management tasks or executing state management tasks in a sector or field, or advising on internal administration work, and established in accordance with legal provisions.

2. An equivalent organization is an administrative organization that has the same position, functions, and tasks as those specified in paragraph 1 and points b, c, d, e of paragraph 2 of Article 2 of this Decree but with a different name and established in accordance with legal provisions.

3. Reorganization of an administrative organization is the reconfiguration or restructuring of administrative organizations through various forms: division, separation, merger, consolidation, conversion; or adjustment of names, positions, functions, and tasks to form new administrative organizations.

Article 4. Principles of Establishment, Reorganization, and Dissolution of Administrative Organizations

1. The establishment, reorganization, or dissolution of administrative organizations shall be carried out in accordance with the conditions, procedures, and formalities prescribed by this Decree and other relevant legal documents; new administrative organizations may only be established in exceptional cases deemed truly necessary due to practical requirements.

2. The reorganization of an administrative organization shall ensure that it does not exceed the number of organizations as specified by the Government, Prime Minister, or competent authority.

Article 5. Conditions for Establishment, Reorganization, and Dissolution of Administrative Organizations

1. An administrative organization may be established when all of the following conditions are met:

a) There is legal basis;

b) It meets the criteria for establishment as prescribed by law;

c) It has a scope and objects of state management according to sector, field, or internal management area of the administrative organization;

d) Its functions, tasks, and powers do not overlap with those of other administrative organizations;

e) The type and scale of the administrative organization established are in line with its functions, tasks, and powers as well as requirements for administrative reform.

2. An administrative organization may be reorganized under any of the following circumstances:

a) There is an adjustment regarding name, position, function, task, power, organizational structure, scope, or objects of state management according to the provisions of the competent authority or person;

b) It does not meet all the criteria for establishing an administrative organization as prescribed by law;

c) Its operations are ineffective based on evaluation by a competent managing authority.
The reorganization to form a new administrative organization must comply with the criteria and conditions for establishing an administrative organization stipulated in paragraph 1 of this Article.

3. An administrative organization may be dissolved under any of the following circumstances:

a) It no longer has functions, tasks, scope, or objects of state management;

b) It does not meet all the criteria for establishing an administrative organization as prescribed by law.

Chapter II PROCEDURES AND FORMALITIES FOR ESTABLISHMENT, REORGANIZATION, AND DISSOLUTION OF ADMINISTRATIVE ORGANIZATIONS

Section 1 ESTABLISHMENT

Article 6. Establishment Proposal

1. The proposal for the establishment of an administrative organization is prepared by the agency or organization requesting its establishment and submitted to a competent authority for examination and decision on establishment.

2. The content of the proposal includes:

a) Necessity and legal basis;

b) Objectives, scope, and objects of state management;

c) Type and name of the administrative organization;

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

e) Explanation regarding compliance with the criteria for establishing an administrative organization as prescribed by law;

f) Projections on human resources (including specifying the number of deputy heads according to legal provisions); job positions, civil servant staffing based on job positions, ensuring alignment with functions, tasks, and powers; having a workplace, equipment, working tools, and financial mechanisms necessary for the administrative organization's operations after establishment;

g) Implementation plan and timeline for the administrative organization's activities;

h) Suggestions from the agency or organization preparing the proposal for establishing an administrative organization (if any);

i) Other contents as prescribed by sector-specific laws and guidelines of the managing department.

Article 7. Proposal for Establishment

1. The proposal for the establishment of an administrative organization shall be prepared by the agency or organization proposing its establishment and submitted to the competent authority for decision-making on the establishment.

2. The content of the proposal, including:

a) The necessity and legal basis;

b) The process of developing the project plan;

c) The main contents of the project 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 its establishment and submitted to the competent authority for decision-making on the establishment.

4. Agencies or organizations proposing the establishment of administrative organizations shall be as follows:

a) Ministries may propose the establishment of organizational units specified in point (a) of paragraph 1 of Article 2 of this Decree;

b) Offices (if any), inspection offices (if any), departments, and equivalent organizations under ministries proposing the establishment of organizational units specified in point (b) of paragraph 1 of Article 2 of this Decree;

c) Bureaus under ministries may propose the establishment of organizational units specified in points (c), (d), (j), and (e) of paragraph 1 of Article 2 of this Decree;

d) People's Committees at provincial level may propose the establishment of organizational units specified in point (a) and point (d) of paragraph 2 of Article 2 of this Decree;

d) Specialized agencies under people's committees at provincial level may propose the establishment of organizational units specified in points (b) and (c) of paragraph 2 of Article 2 of this Decree;

e) Other administrative organizations under people's committees at provincial level may propose the establishment of organizational units specified in points (d) and (e) of paragraph 2 of Article 2 of this Decree;

g) People's Committees at commune level may propose the establishment of organizational units specified in paragraph 3 of Article 2 of this Decree.

Article 8. Solicitation of Participation Opinions from Relevant Agencies and Organizations

The agency or organization proposing the establishment of an administrative organization shall send the draft project plan, proposal, and draft documents to relevant agencies and organizations in accordance with legal provisions for written participation opinions on the establishment of the administrative organization before submitting it to the competent authority for review.

1. For administrative organizations under the decision-making authority of the Government or Prime Minister, the application package for establishment shall be sent for opinion solicitation from the Ministries: Home Affairs, Justice, Finance, and relevant agencies (if any).

2. For administrative organizations under the decision-making authority of a minister or head of an agency at the same level, the application package for establishment shall be sent for opinion solicitation from advisory bodies on organizational structure, legal system, finance, and related agencies (if any).

3. For administrative organizations under the decision-making authority of the People's Council and people's committee at provincial level, the application package for establishment shall be sent for opinion solicitation from specialized agencies under the people's committee at provincial level on matters related to internal affairs, justice, finance, and related agencies (if any).

4. For administrative organizations under the decision-making authority of the People's Council at commune level, the application package for establishment shall be sent for opinion solicitation from specialized agencies under the people's committee at commune level on matters related to internal affairs, justice, finance, and related agencies (if any).

Article 9. Review of Establishment

1. Competent Authorities
For the establishment of administrative organizations, the competent authorities are as follows:

a) The Ministry of Home Affairs is the reviewing authority for administrative organizations under the decision-making authority of the Government or Prime Minister;

b) Advisory bodies on organizational structure within ministries are the reviewing authorities for administrative organizations under the decision-making authority of ministers or heads of agencies at the same level;

c) Specialized agencies advising and managing state administration in organizational structure matters under provincial people's committees are the reviewing authorities for administrative organizations under the decision-making authority of provincial People's Councils and people's committees;

d) Specialized agencies advising and managing state administration in organizational structure matters under commune-level people's committees are the reviewing authorities for administrative organizations under the decision-making authority of commune-level People's Councils.

2. Contents of Review, including:

a) The necessity and legal basis for establishing the organization;

b) Objectives, scope, target audience, name, type, legal status, functions, duties, powers, and organizational structure of the administrative organization;

c) Procedures and formalities for establishing the organization in accordance with regulations;

d) Conditions to ensure the operation of the administrative organization upon establishment;

d) Compliance with established criteria for the establishment of organizations under legal provisions;

e) Feasibility of establishing the administrative organization;

g) Draft documents from the competent authority or person authorized to decide on the establishment of the administrative organization.
For any unclear issues or differing opinions, the reviewing authority may request the agency or organization proposing the establishment of the administrative organization to provide a supplementary written explanation or convene meetings with the agency or organization presenting the project plan and relevant agencies to clarify matters and report back to the competent authority or person authorized to decide.

3. In cases where the decision on establishing an administrative organization is a regulatory document, the review must also comply with legal provisions for issuing regulatory documents.

Article 10. Establishment File

1. The establishment file submitted to the reviewing authority or organization shall include:

a) A signed and stamped document requesting review in accordance with regulations;

b) Draft proposal for establishing an administrative body;

c) Draft plan for establishing an administrative body;

d) Draft document from the competent authority or person deciding on the establishment of the administrative body;

e) Written opinions from relevant authorities regarding the establishment of the administrative body;

f) Report by the proposing authority or organization on the adoption and explanation of opinions from relevant authorities.

2. The establishment file submitted to the competent authority or person deciding on the establishment of an administrative body shall include:

a) Proposal document from the proposing authority or organization for establishing an administrative body;

b) Plan for establishing an administrative body;

c) Draft document from the competent authority or person deciding on the establishment of the administrative body;

d) Review document from the competent reviewing authority;

e) Report by the proposing authority or organization on the adoption and explanation of opinions from the reviewing authority;

f) Report by the proposing authority or organization on the adoption and explanation of opinions from relevant authorities (accompanied by documents reflecting the views of relevant authorities) and other related documents concerning the establishment of an administrative body;

g) Document notifying the opinion of the competent authority regarding cases where the establishment of an administrative body as provided in paragraph 1, point a of this Decree increases the number of organizational units within the structure of the ministry.

Article 11. Procedure for Submitting and Receiving Establishment Files

1. The proposing authority or organization shall submit one copy of the establishment file to the reviewing authority or organization as specified in Article 9 of this Decree for review; copies may be sent to relevant authorities for coordination or information purposes only.

2. The receiving authority or organization must establish a file register according to regulations.

3. The submitted file shall consist of the main document signed and stamped by the proposing authority or organization, as well as other related documents in accordance with paragraph 1 of Article 10 of this Decree.

Article 12. Report on Establishment of Administrative Body

1. Where the establishment of administrative bodies as provided in paragraph 1, point a of this Decree increases the number of organizational units within the structure of the ministry, the proposing authority shall report to the Government for submission to the competent authority.

2. The procedure and process for reporting on the establishment of an administrative body include:

a) The proposing authority for establishing the administrative body as provided in paragraph 1 of this Article shall prepare a draft plan for establishment according to Article 6, a draft proposal for establishment according to Article 7, and seek participation opinions according to Article 8 of this Decree;

b) The proposing authority is responsible for summarizing, adopting, and explaining the views from relevant authorities to finalize the draft plan and draft proposal for establishment, sending them to the Ministry of Home Affairs and the Ministry of Justice for review (accompanied by documents reflecting the views of relevant authorities);

c) The proposing authority is responsible for summarizing, adopting, and explaining the opinions from the Ministry of Home Affairs and the Ministry of Justice to finalize the plan and submit it to the Government for comments;

d) The proposing authority is responsible for adopting and explaining the views of the members of the Government to finalize the plan and seek approval from the competent authority.

Article 13. Decision on Establishment

1. The authority or person with the power to decide on establishment shall base their decision on the establishment proposal, review document, and notification of the competent authority's opinion (for the establishment of an administrative organization as specified in point a, clause 1, Article 2 of this Decree that increases organizational headcount within the department) upon receipt.

2. The form of the establishment document for an administrative organization shall be consistent with the authority to decide on its establishment and the provisions of other relevant regulatory documents.

Article 14. Processing Application and Time Limit for Decision on Establishment

1. Regarding review of the establishment of an administrative organization

a) For establishments within the decision-making authority of the Government or the Prime Minister, the review period is fifteen days from the date of receipt of complete application documents; the reviewing agency shall submit a review document to the requesting agency.

b) For establishments within the decision-making authority of a minister, head of an equivalent agency, or local government, the review period is ten days from the date of receipt of complete application documents; the reviewing agency shall submit a review document to the requesting agency.

2. Regarding decision on establishment of an administrative organization
Within ten days from the date the requesting agency completes its application according to the views of the reviewing agency and submits it as per regulations, the authority or person with the power to decide shall issue a decision on establishment.
In case the authority or person with the power to decide does not agree with the establishment of an administrative organization, they shall provide written comments (specifying reasons) to the requesting agency.

Section 2 REORGANIZATION AND DISSOLUTION

Article 15. Proposal and Motion for Reorganization of Administrative Organization

1. The content of the reorganization proposal for an administrative organization includes:

a) Contents as specified in clause 2, Article 6 of this Decree;

b) Current status and operations of the administrative organization prior to reorganization;

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

d) Documents from competent agencies or organizations confirming financial, asset, land, loan, debt repayment, and other relevant matters (if applicable);

d) Provisions on the responsibilities of the head of the administrative organization and individuals involved in implementing the reorganization proposal and time limits for handling.

2. The content of the motion for reorganization of an administrative organization shall be handled as per the provisions for motions on establishment of an administrative organization specified in Article 7 of this Decree.

Article 16. Proposal and Motion for Dissolution of Administrative Organization

1. The content of the dissolution proposal for an administrative organization includes:

a) Necessity and legal basis for dissolution;

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

c) Documents from competent agencies or organizations confirming financial, asset, land, loan, debt repayment, and other relevant matters (if applicable);

d) Provisions on the responsibilities of the head of the administrative organization and individuals involved in implementing the dissolution proposal and time limits for handling.

2. The content of the motion for dissolution of an administrative organization shall be handled as per the provisions for motions on establishment of an administrative organization specified in Article 7 of this Decree.

Article 17. Files and Procedures for Reorganization and Dissolution of Administrative Bodies

1. The file for reorganization or dissolution of an administrative body shall include:

a) Proposal for the reorganization or dissolution of an administrative body;

b) Memorandum on the reorganization or dissolution of an administrative body;

c) Draft document from the competent authority to decide on the reorganization or dissolution of an administrative body;

d) Any documents from relevant authorities, organizations confirming the completion of financial, property, land, loan, and other related obligations (if applicable).

2. The process for seeking input from relevant authorities and organizations; submission and receipt of files; examination; handling of files; and time limits for reorganization or dissolution of an administrative body shall be carried out in accordance with the provisions concerning the establishment of administrative bodies.

Chapter III AUTHORITY AND RESPONSIBILITIES

Article 18. Authority of the Prime Minister

The Prime Minister decides on the establishment, reorganization, and dissolution of administrative bodies as specified at point d of paragraph 2 of this Decree in accordance with legal provisions.

Article 19. Authority and Responsibilities of the Minister of Home Affairs

1. Submit to a competent authority for issuance or issue according to authority regulations on normative legal documents concerning administrative bodies, guidelines on specialized fields, business forms, reporting systems serving administrative body management.

2. Propose to the Government to specify criteria for establishing, reorganizing, and dissolving administrative bodies as specified in paragraph 1, paragraph 2, and paragraph 3 of Article 2 of this Decree.

3. Aggregate and update information on administrative bodies nationwide and report to competent authorities according to legal provisions.

Article 20. Authority and Responsibilities of the Minister and Heads of Sectoral Authorities

The Minister and heads of sectoral authorities shall exercise the following authority and responsibility:

1. Submit to a competent authority for issuance or issue according to authority specific criteria for establishing administrative bodies in their respective sectors and fields as per legal provisions.

2. Decide on the establishment, reorganization, and dissolution of administrative bodies as specified at points b, c, d, j, k of paragraph 1 of Article 2 of this Decree or delegate to the director to decide on the establishment, reorganization, and dissolution of organizations as specified at points j, k of paragraph 1 of Article 2 of this Decree.
In cases where delegation is made to the director to decide on the establishment, reorganization, and dissolution of administrative bodies as specified at points j, k of paragraph 1 of Article 2 of this Decree, the Minister or head of sectoral authority shall determine the procedures and processes prescribed in this Decree for guidance according to their authority.

Article 21. Authority and Responsibilities of Provincial People's Committees and Commune People's Committees

1. The provincial people's committee submits to the same level people's council for decision on the establishment, reorganization, or dissolution of administrative bodies as specified at points a, d of paragraph 2 of this Decree.
In cases where legal provisions stipulate that the Prime Minister decides on the establishment, reorganization, or dissolution of administrative bodies as specified at point d of paragraph 2 of this Decree, the provincial people's committee submits to the Prime Minister for decision.

2. The provincial people's committee decides on the establishment, reorganization, and dissolution of administrative bodies as specified at points b, c, j, k of paragraph 2 of this Decree according to legal provisions; administrative bodies of special economic zones in exceptional circumstances.

3. The commune people's committee submits to the same level people's council for decision on the establishment, reorganization, or dissolution of administrative bodies as specified in paragraph 3 of Article 2 of this Decree.
In exceptional circumstances, the special economic zone people's committee submits to the provincial people's committee for decision on the establishment, reorganization, or dissolution of administrative bodies of the special economic zone.

Article 22. Information Provision and Reporting Regime for Administrative Organizations

Ministries, agencies, equivalent ministries, other administrative organizations established by the Government or the Prime Minister, people's committees of provinces and centrally-run cities shall be responsible for:

1. Providing information on administrative organizations under their management to relevant organs, organizations, and individuals in accordance with the provisions of law.

2. Regularly compiling and submitting reports on data concerning administrative organizations under their management to the Ministry of Home Affairs by December 20th each year for compilation in accordance with regulations.

Chapter IV CONDITIONS FOR IMPLEMENTATION

Article 23. Effective Date of Implementation

1. This Decree shall take effect from April 5, 2026.

2. This Decree shall replace Decree No. 158/2018/NĐ-CP dated November 22, 2018 of the Government on the establishment, reorganization, and dissolution of administrative organizations.

Article 24. Transitional Provisions

Organs and organizations that have submitted proposals or motions to the relevant organ or person with decision-making authority over the establishment, reorganization, or dissolution of administrative organizations before this Decree takes effect but have not yet received a decision from such organ or person on the establishment, reorganization, or dissolution of administrative organizations shall continue to operate in accordance with the provisions of Decree No. 158/2018/NĐ-CP dated November 22, 2018 of the Government on the establishment, reorganization, and dissolution of administrative organizations.

Article 25. Enforcement Responsibilities

The Ministers, heads of agencies at the same level as ministries, heads of organs established by the Government or the Prime Minister, people's councils, people's committees at provincial and district levels, people's councils, people's committees at commune levels, and relevant organs and organizations shall be responsible for organizing the implementation of this Decree.

Central Committee of the Party;

Prime Minister, Deputy Prime Ministers of the Government;

Ministries, agencies at the same level as ministries, agencies under the Government;

Office of the Central Committee and the Bureaus of the Party:

Office of the General Secretary;

Office of the President:

Ethnic Affairs Council and its Committees of the National Assembly;

Office of the National Assembly;

Supreme People's Court;

Supreme People's Procuratorate;

National Audit Office;

Central Committee of the Vietnam Fatherland Front;

Central organs of political-social organizations;

VPCP: BCT, various PCNs, Deputy Prime Minister, Director of the Government Portal, various Departments, Units under the Office, Official Gazette;

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