Decree No. 128/2025/ND-CP on decentralization and delegation in state management in the civil service sector.

DECREE

Regulations on decentralization and delegation in state administration in the civil service sector

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Organization of Local Administration;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

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

The Government promulgates this Decree stipulating decentralization and delegation in state administration in the civil service sector. 

 

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the authority, procedures, and processes for implementing tasks and powers of agencies and authorized persons in the civil service sector as prescribed by laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister that need adjustment to implement decentralization and delegation.

Article 2. Principles of Delegation and Decentralization

1. Ensuring compliance with the Constitution; consistent with principles and provisions on decentralization and delegation under the Law on Organization of the Government and the Law on Organization of Local Administration.

2. Ensuring thorough delegation of tasks between central government agencies and local authorities, ensuring the unified management authority of the Government, the executive power of the head of the Government over the civil service sector, and promoting the initiative, creativity, and accountability of local authorities in performing state management tasks in the civil service sector.

3. Ensuring that the Government, the Prime Minister, and ministries and ministerial-level agencies focus on macro-level state management tasks; building a coherent and unified institutional framework, strategy, planning, and plans; playing a constructive role and strengthening inspection, supervision, and monitoring.

4. Promoting decentralization and delegation and clearly defining the authority of People's Councils, People's Committees, and Chairpersons of People's Committees; ensuring consistency with the tasks, powers, and capabilities of agencies and authorized persons assigned such tasks. In cases where the Chairman of the Provincial People's Committee is delegated tasks by the Minister of Home Affairs, these tasks may be delegated to lower levels.

5. Implementing decentralization and delegation among related sectors and fields in a comprehensive, integrated, and interconnected manner without omission or overlap of tasks; ensuring a legal basis for the normal, continuous, and smooth operation of agencies; preventing disruption of work, overlapping, duplication, or omission of functions, tasks, sectors, or areas.

6. Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for individuals and organizations to access information, exercise their rights and fulfill their obligations and procedures as prescribed by law; not affecting the normal activities of society, citizens, and businesses.

7. Ensuring that the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party is not affected.

8. Resources for implementing tasks delegated and delegated shall be guaranteed from the State budget according to regulations.

Article 3. Regarding Fees and Charges

When handling administrative procedures requiring payment of fees and charges as prescribed by laws on fees and charges, individuals and organizations must simultaneously submit the application dossier and pay the fees and charges to the agency receiving the dossier.

The amount of fees and charges, the management and use of fees and charges shall be implemented in accordance with the regulations of the Government, the Minister of Finance, or the People's Council at the provincial level for corresponding fees and charges.

Chapter II

DELEGATION AND DECENTRALIZATION OF SPECIFIC TASKS

Article 4. Allocation of State Management Tasks Regarding Persons with Meritorious Service to the Revolution

1. The task of organizing campaigns to learn from exemplary models as the basis for recognizing martyrs and wounded veterans according to point k, Clause 1, Article 14 and point k, Clause 1, Article 23 of the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution shall be managed by the Minister, Head of a Governmental Equivalent Agency, or Chairman of the People's Committee at provincial level, who will issue certificates to organizations, units issuing certificates of persons who died or were injured under their management.

2. The financial resources for implementing preferential policies and treatment systems for persons with meritorious service to the revolution within the provinces and centrally-administered cities shall be supplemented from the central budget with specific targets for local budgets and assigned to the People's Committees at provincial level to implement. The management, utilization, and settlement thereof shall be carried out in accordance with the provisions of the Law on State Budget.

3. The task of defining functions, tasks, organizational structures, and policies and treatment systems for social care facilities for persons with meritorious service and sections managing martyrs' cemeteries containing more than 500 graves, as stipulated in Clause 6, Article 48 of the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution shall be implemented by:

a) The Minister of Interior Affairs for social care facilities for persons with meritorious service under the management of the Ministry of Interior Affairs;

b) The People's Committee at provincial level for social care facilities for persons with meritorious service and sections managing martyrs' cemeteries under the management of the provincial level.

4. The procedures for performing the task specified in Clause 1 of this Article are as follows:

When an organization, unit has individuals who died or were injured under its management and such cases fall within the scope defined in point k, Clause 1, Article 14 and point k, Clause 1, Article 23 of the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution, it shall prepare a written report requesting the Minister, Head of a Governmental Equivalent Agency, or Chairman of the People's Committee at provincial level to issue a decision to organize campaigns to learn from exemplary models.

5. The procedures for performing the task specified in point b, Clause 3 of this Article are as follows:

The Department of Interior Affairs shall prepare a dossier for submission (clearly stating the content and explanation regarding the functions, tasks, organizational structure, and policies and treatment systems for social care facilities for persons with meritorious service and sections managing martyrs' cemeteries) to request the People's Committee at provincial level to consider and issue a decision.

Article 5. Allocation of Levels of State Management Tasks Regarding Persons with Meritorious Service to the Revolution

1. The task and authority to define the number of staff working at social care facilities for persons with meritorious service as stipulated in Article 134 of Decree No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing implementation measures for the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution shall be implemented by:

a) The Minister of Interior Affairs for social care facilities for persons with meritorious service under the Ministry of Interior Affairs;

b) The Chairman of the People's Committee at provincial level for social care facilities for persons with meritorious service under the management of the People's Committee at provincial level.

2. The task and authority to define the number of staff working at sections managing martyrs' cemeteries containing 500 graves or more, and the number of staff caring for martyrs' cemeteries containing less than 500 graves within the management scope of the People's Committee at provincial level as stipulated in Article 136 of Decree No. 131/2021/NĐ-CP shall be implemented by the Chairman of the People's Committee at provincial level.

3. The task specified in Clause 3, Article 11 of Decree No. 75/2021/NĐ-CP dated July 24, 2021 of the Government specifying the levels of allowances and preferential treatments for persons with meritorious service to the revolution shall be implemented as follows:

a) The Chairman of the People's Committee at provincial level shall implement the task of funding the renovation, upgrading, repair, and maintenance of memorials, shrines, and houses of honor for martyrs from the central budget support with amounts ranging from VND 10 billion to VND 15 billion per provincial-level project;

b) The Chairman of the People's Committee at commune level shall implement the task of funding the renovation, upgrading, repair, and maintenance of memorials, shrines, and houses of honor for martyrs from the central budget support with amounts below VND 10 billion per commune-level project.

4. The task and authority to examine and decide on the acceptance of special cases into social care facilities for persons with meritorious service under the management of the provincial level as stipulated in Article 112 of Decree No. 131/2021/NĐ-CP shall be implemented by the Chairman of the People's Committee at provincial level.

5. The task and authority to approve plans and budgets for sampling remains of martyrs as stipulated in Article 147 of Decree No. 131/2021/NĐ-CP shall be implemented by the Chairman of the People's Committee at provincial level.

6. The task and authority specified in Decree No. 131/2021/NĐ-CP shall be implemented by the Department of Interior Affairs as follows:

a) Receiving and transferring medical examination and re-assessment files of disability rates for cases of particularly severe injuries that have recurred and adjusting the treatment system as stipulated in Clause 2, Article 41;

b) Reviewing files for recognition of those injured but not belonging to the military or police as stipulated in point b, Clause 3, Article 81;

c) Implementing payment of benefits to relatives and subjects responsible for identifying the remains of martyrs through forensic methods as stipulated in Article 145;

d) Notifying the results of DNA testing as stipulated in Article 148.

7. The procedures for performing the tasks specified in point b, Clause 1 and Clause 2 of this Article are as follows:

a) Step 1: The Department of Interior Affairs shall base on the functions, tasks, and organizational structures of the facilities to propose a list of the number of staff linked to salary policies for civil servants and employees as prescribed by the Government for social care facilities for persons with meritorious service under its management and the number of staff working at sections managing martyrs' cemeteries containing 500 graves or more, and the number of staff caring for martyrs' cemeteries containing less than 500 graves under its management;

b) Step 2: The Department of Interior Affairs shall prepare a report for the Chairman of the People's Committee at provincial level to consider and determine the number of staff;

c) Step 3: The Chairman of the People's Committee at provincial level shall issue decisions determining the number of staff working at social care facilities for persons with meritorious service; and decisions determining the number of staff working at sections managing martyrs' cemeteries containing 500 graves or more, and the number of staff caring for martyrs' cemeteries containing less than 500 graves.

d) Step 4: The Department of Civil Affairs guides care facilities for persons with meritorious service, rehabilitation centers for persons with meritorious service, and People's Committees at the commune level to recruit, employ, and manage personnel working at martyrs' cemeteries.

8. The procedures and formalities for performing the tasks stipulated in Clause 4 of this Article are as follows:

The Department of Civil Affairs compiles a list of special cases to be admitted into care facilities and rehabilitation centers for persons with meritorious service managed by the provincial level (names of individuals, reasons for proposed admission to the facility) and submits it to the Chairman of the Provincial People's Committee for consideration and decision on acceptance.

9. The procedures and formalities for having performed the tasks stipulated in Clause 5 of this Article are as follows:

a) In the case of receiving the remains of martyrs that have been collected but whose identities have not yet been determined:

Within one working day from the date of receiving the remains of martyrs, the Department of Civil Affairs where the remains are received shall be responsible for: Receiving the remains and samples of the remains handed over by the collection unit; inspecting the condition of the remains, marking the sample according to Appendix VIII of Decree No. 131/2021/NĐ-CP and updating the burial location of the remains of martyrs in the martyrs' cemetery in the database of martyrs;

If there is information about the relatives of the martyr, the Department of Civil Affairs shall notify and guide the relatives to send comparative samples of the relatives to the Department of Civil Affairs;

The Department of Civil Affairs sends the sample to the DNA testing unit to conduct DNA testing of the remains of the martyr; if sending comparative samples of the relatives, include information about the sample code of the remains of the martyr;

The act of sending samples for testing must be recorded in a protocol according to Model No. 82 in Appendix I of Decree No. 131/2021/NĐ-CP and sent to the Ministry of Civil Affairs for monitoring and consolidation;

b) In the case of relocating or upgrading, repairing martyrs' cemeteries related to the graves of martyrs:

The Department of Civil Affairs managing the grave prepares a plan and budget estimate for taking samples of the remains of martyrs and reports to the Chairman of the Provincial People's Committee for decision;

The Chairman of the Provincial People's Committee or the Department of Finance (if delegated or authorized) approves the plan and budget estimate and transfers the funds to the Department of Civil Affairs for implementation;

The Department of Civil Affairs takes the lead and coordinates with the DNA testing unit to organize the collection of samples of the remains of martyrs within twenty days; records the handover of the remains of martyrs according to Model No. 81 in Appendix I of Decree No. 131/2021/NĐ-CP and sends it to the Ministry of Civil Affairs for monitoring and consolidation;

The Department of Civil Affairs notifies and guides the relatives of martyrs to send comparative samples of the relatives if there is information about the relatives of the martyrs and sends comparative samples of the relatives along with information about the sample code of the remains of the martyrs to the DNA testing unit;

c) In the case provided for in Points c and d of Clause 1 of Article 146 of Decree No. 131/2021/NĐ-CP:

A representative of the relatives of the martyr or the person receiving funeral allowance for the martyr submits a request for DNA testing to determine the identity of the remains of the martyr according to Model No. 30 in Appendix I of Decree No. 131/2021/NĐ-CP, accompanied by a copy of the "National Commendation Certificate" and a confirmation letter regarding the place of sacrifice of the martyr according to Model No. 44 in Appendix I of Decree No. 131/2021/NĐ-CP, to the Department of Civil Affairs managing the original file;

Within five working days from the date of receipt of all required documents, the Department of Civil Affairs managing the original file is responsible for reviewing; if the file being managed contains information about the martyr and the relatives, it will issue a notification to the Department of Civil Affairs managing the grave along with the required documents and a copy of the martyr's file;

Within twenty days from the date of receipt of all required documents, the Department of Civil Affairs managing the grave is responsible for checking the information about the location of the grave, the information engraved on the tombstone, the condition of the remains, and the collection information. If sufficient grounds are found, the following actions will be taken:

Collect samples of the remains of the martyr, record the handover of the samples of the remains of the martyr according to Model No. 82 in Appendix I of Decree No. 131/2021/NĐ-CP;

Notify and guide the relatives of the martyr to send comparative samples of the relatives to the Department of Civil Affairs;

Pay the cost of collecting samples of the remains of the martyr (if applicable);

Send the samples of the remains of the martyr and the comparative samples of the relatives, along with the document and protocol of collecting the samples of the remains of the martyr and the comparative samples of the relatives, to the DNA testing unit; send the document and copies of all relevant documents to the Ministry of Civil Affairs for monitoring and consolidation;

d) In the case provided for in Point d of Clause 1 of Article 146 of Decree No. 131/2021/NĐ-CP:

The representative of the relatives or the person receiving funeral allowance for the martyr shall follow the provisions set out in Point c of this clause. The Department of Civil Affairs shall implement the procedures and formalities as stipulated in Point c of this clause;

10. The procedures and formalities for performing the tasks stipulated in Point c of Clause 6 of this Article are as follows:

Within twenty days from the date of receipt of the request from the subjects specified in Clause 1 and Clause 2 of Article 145 of Decree No. 131/2021/NĐ-CP, the Department of Civil Affairs shall be responsible for making payments to the representative of the relatives of the martyr or the person receiving funeral allowance for the martyr or the organization or individual authorized to receive such payments;

11. The procedures and formalities for performing the tasks stipulated in Point d of Clause 6 of this Article are as follows:

a) Within three working days from the date of receipt of the results of DNA testing, the Department of Civil Affairs managing the grave of the martyr shall be responsible for notifying the results of DNA testing to the representative of the relatives of the martyr (or the person receiving funeral allowance for the martyr), the Department of Civil Affairs managing the original file, and the Ministry of Civil Affairs;

b) Within seven days from the date of receipt of the notification of the results of DNA testing, the Department of Civil Affairs managing the grave of the martyr shall return the samples of the remains of the martyr that have undergone DNA testing to the grave of the martyr;

c) If the information about the martyr is identified: The Department of Civil Affairs managing the grave of the martyr issues a decision to identify the identity of the remains of the martyr lacking information according to Model No. 76 in Appendix I of Decree No. 131/2021/NĐ-CP; issues a notice of the grave of the martyr to the relatives of the martyr within five working days from the date of receipt of the document and notification to the Department of Civil Affairs managing the original file; re-engraves the information on the tombstone of the martyr.

Article 6. Allocation of State Management Tasks in the Local Administration Sector

1. The tasks and powers to recognize safe zone areas as stipulated in Point d Clause 6 Article 2 of Decree No. 25/2025/NĐ-CP dated February 21, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs shall be carried out by the Minister of Home Affairs.

2. The tasks and powers to recognize safe zone communes and island communes as stipulated in Point d Clause 6 Article 2 of Decree No. 25/2025/NĐ-CP shall be carried out by the Chairman of the People's Committee at the provincial level.

3. The procedures, formalities, and files for implementing the tasks specified in Clause 1 of this Article are as follows:

a) Procedures and formalities for proposing recognition of safe zone areas:

Based on the criteria for determining safe zone areas as prescribed by the Prime Minister, the People's Committee at the provincial level shall prepare a file to propose recognition of safe zone areas within its jurisdiction and report to the Provincial Party Committee Standing Committee.

The People's Committee at the provincial level shall issue a letter requesting the Minister of Home Affairs (attached with the file) to consider and issue a decision. In case the file does not meet the requirements, the Ministry of Home Affairs shall provide a response and guidance within five working days from the date of receipt of the file to enable the People's Committee at the provincial level to complete the file.

b) The file for proposing recognition of safe zone areas includes:

A letter from the People's Committee at the provincial level to the Minister of Home Affairs requesting recognition of safe zone areas.

Scientific documentation of safe zone areas, including: Historical and geographical sections (specifying the previous and current names of communes in the area; their current location, area, and population; detailing and analyzing historical revolutionary events, achievements recognized by competent authorities, and other relevant content); a summary table of historical revolutionary events; relevant documents, materials, images, and historical witness confirmations and other relevant content.

A summary report from the People's Committee at the provincial level on the communes proposed for recognition as safe zone areas (including the provincial-level file review minutes and related documents).

4. The procedures, formalities, and files for implementing the task of recognizing safe zone communes as specified in Clause 2 of this Article are as follows:

a) Procedures and formalities for recognizing safe zone communes:

Based on the criteria for determining safe zone communes as prescribed by the Prime Minister, the People's Committee at the commune level shall prepare a file to recognize safe zone communes and report to the Commune Party Committee Standing Committee.

The People's Committee at the commune level shall submit a proposal to the Chairman of the People's Committee at the provincial level for recognition of safe zone communes and send a letter to the Department of Home Affairs for review (attached with the file).

The Department of Home Affairs shall take the lead and coordinate with relevant agencies to organize reviews, and submit to the Chairman of the People's Committee at the provincial level for consideration and decision. If the file does not meet the requirements, the Department of Home Affairs shall provide guidance within five working days from the date of receipt of the file to enable the People's Committee at the commune level to complete the file.

b) The file for proposing recognition of safe zone communes includes:

A proposal from the People's Committee at the commune level to the Chairman of the People's Committee at the provincial level for recognition of safe zone communes (attached with the file).

A letter from the People's Committee at the commune level to the Department of Home Affairs requesting review.

Documentation of the safe zone commune, including: Historical and geographical sections (specifying the previous and current names of the commune; its current location, area, and population; detailing and analyzing historical revolutionary events, achievements recognized by competent authorities, and other relevant content); a summary table of historical revolutionary events; relevant documents, materials, images, and historical witness confirmations and other relevant content.

5. The procedures, formalities, and files for implementing the task of recognizing island communes as specified in Clause 2 of this Article are as follows:

Based on the criteria for determining island communes as prescribed by the Prime Minister, the People's Committee at the commune level shall prepare a file for recognition and report to the Commune Party Committee Standing Committee.

The People's Committee at the commune level shall prepare a file (including: Proposal; report on the commune's socio-economic situation, national defense, and security; evidence proving that the commune meets the criteria and conditions for being an island commune) and submit it to the Chairman of the People's Committee at the provincial level for recognition of island communes and send it to the Department of Home Affairs for review.

The Department of Home Affairs shall take the lead and coordinate with relevant agencies to organize reviews, and submit to the Chairman of the People's Committee at the provincial level for consideration and decision. If the file does not meet the requirements, the Department of Home Affairs shall provide guidance within three working days from the date of receipt of the file to enable the People's Committee at the commune level to complete the file.

Article 7. Allocation of State management powers and tasks regarding labor, wages applied to employers and employees working under labor contracts

1. The task and authority to define the functions, tasks, organizational structure, and operation of the National Wage Council as stipulated in Clause 3, Article 92 of the Labor Code shall be carried out by the Prime Minister.

2. The task to announce specific public holidays annually as prescribed in Clause 3, Article 112 of the Labor Code shall be carried out by the Minister of Home Affairs (for application to civil servants, public officials, and employees working in administrative agencies, public institutions, political organizations, and socio-political organizations).

Article 8. Allocation of State management powers and tasks for foreign workers working in Vietnam

1. The task and authority to determine foreign workers as experts as provided in Point c, Clause 3, Article 3 of Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam, amended and supplemented by Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government (hereinafter referred to as Decree No. 152/2020/ND-CP), shall be carried out by the Chairman of the People's Committee at provincial level.

2. The task and authority to approve the demand for using foreign workers; confirm non-applicability for work permit issuance; issue, reissue, extend, and revoke work permits for foreign workers as provided in Points a and b, Clause 1, Article 30 of Decree No. 152/2020/ND-CP shall be carried out by the Chairman of the People's Committee at the provincial level where the foreign worker is expected to work.

3. The procedure for implementing the task of determining foreign workers as experts as provided in Clause 1 of this Article is as follows:

a) Step 1: Within three working days from the date of receiving the work permit application dossier of the employer, if the dossier contains special cases as stipulated in Point c, Clause 3, Article 3 of Decree No. 152/2020/ND-CP, the Department of Home Affairs shall propose the Chairman of the People's Committee to consider and decide (the content of the proposal must clearly state the advisory opinion of the Department of Home Affairs on whether the foreign worker is an expert in special cases or not).

b) Step 2: The Chairman of the People's Committee at the provincial level shall notify the decision applying special cases to foreign workers as experts within three working days; in case it is not considered an expert, the reasons must be stated.

Article 9. Allocation of State management powers and tasks for occupational safety and health

1. The tasks and authorities as prescribed in Articles 6 and 19 of the Occupational Safety and Health Law shall be carried out by the People's Committee at the commune level, including:

a) Receiving notifications from employees about workplace safety risks within their jurisdiction to promptly take measures to prevent actions that cause occupational accidents and health hazards as stipulated in Point c, Clause 4, Article 6;

b) Receiving notifications from employers when serious occupational accidents and health hazards occur, providing emergency rescue, and taking prompt measures as stipulated in Point a, Clause 2, Article 19;

c) Taking immediate measures to respond to technical incidents causing serious occupational accidents and health hazards involving multiple production and business establishments in the locality and promptly reporting to the Department of Home Affairs as stipulated in Point c, Clause 2, Article 19.

2. The procedures for implementing the tasks as provided in Clause 1 of this Article are as follows:

Upon receiving notifications from employees and employers, the People's Committee at the commune level must promptly arrange personnel and implement appropriate technical measures to prevent and provide emergency rescue for workplace safety risks within their jurisdiction. In cases exceeding their authority, they must report to the Department of Home Affairs and request technical support from relevant specialized agencies and organizations within the jurisdiction.

Article 10. Allocation of State Management Tasks concerning Vietnamese Workers Going Abroad under Contracts

1. The tasks and authorities stipulated in the Law on Vietnamese Workers Going Abroad under Contracts shall be carried out by the People's Committee of the province where the enterprise's main office is located, including:

a) Receiving and issuing approval documents for preparing labor sources for service enterprises as prescribed in Clause 1 and Clause 3, Article 18;

b) Receiving reports and replying in writing to enterprises that have won bids or taken over projects abroad as prescribed in Clause 1 and Clause 3, Article 31;

c) Receiving reports after enterprises have completed contracts won through bidding or taken over projects abroad; requesting enterprises that have won bids or taken over projects abroad to report promptly as prescribed in Clause 8, Article 32;

d) Receiving reports and replying in writing to organizations and individuals from Vietnam investing abroad as prescribed in Clause 1 and Clause 3, Article 34;

đ) Receiving and replying in writing to enterprises implementing registration for sending Vietnamese workers abroad for training, improving qualifications, and skills for a period of 90 days or more as prescribed in Point b, Clause 1 and Clause 2, Article 39.

2. The task and authority regarding issuing confirmation documents for registering labor contracts as prescribed in Clause 3, Article 50 of the Law on Vietnamese Workers Going Abroad under Contracts shall be carried out by the People's Committee of the commune where the worker resides.

3. The procedure for carrying out the task at Point c, Clause 1 of this Article is as follows:

Enterprises that have won bids or taken over projects abroad must report in writing to the People's Committee of the province about sending Vietnamese workers abroad to work after completing contracts won through bidding or taken over projects abroad, no later than ten days after the workers enter the country.

Article 11. Allocation of State Management Tasks concerning Vietnamese Workers Going Abroad under Contracts

The tasks and authorities stipulated in Decree No. 112/2021/NĐ-CP dated December 10, 2021 of the Government detailing some provisions and measures to implement the Law on Vietnamese Workers Going Abroad under Contracts shall be carried out by the People's Committee of the province where the enterprise's main office is located, including:

1. Issuing approval documents for registering service activities of sending Vietnamese workers abroad to work as domestic helpers as prescribed in Article 21;

2. Receiving and confirming lists of Vietnamese workers going abroad to work as domestic helpers as prescribed in Article 22;

3. Issuing letters to banks holding deposits requesting to return deposit money to enterprises (for vocational training contracts with a training period of 90 days or more abroad) as prescribed in Article 28.

The tasks and authorities regarding issuing licenses for establishment and recognizing charters; permitting mergers, consolidations, divisions, spin-offs, dissolutions, name changes of funds; suspending operations for a limited time; permitting funds to resume operations after suspension; recognizing funds as meeting operational conditions; recognizing members of fund management boards; reissuing establishment licenses; recognizing amendments and supplements to charters; expanding scope of operations; and revoking establishment licenses as prescribed in Article 18 of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds, which has been amended and supplemented by Decree No. 136/2024/NĐ-CP dated October 23, 2024 of the Government (hereinafter referred to as Decree No. 93/2019/NĐ-CP) shall be carried out by the Chairman of the People's Committee of the province for funds operating within the provincial scope (including funds established and operated within the province or commune with foreign organizations and individuals contributing assets together with Vietnamese citizens and organizations), except for funds operating within the commune scope.

Article 13. Allocation of State Management Tasks on Gender Equality

1. The tasks and powers to issue strategies and national targets on gender equality and to report annually to the National Assembly on the implementation of national targets on gender equality as stipulated in Clause 1, Article 25 of the Law on Gender Equality shall be carried out by the Prime Minister.

2. The tasks and powers to establish and implement criteria for gender classification in state statistical data as stipulated in Clause 5, Article 25 of the Law on Gender Equality shall be carried out by the Minister of Finance.

Article 14. Allocation of Levels of State Management Tasks on Official Document Work and Archiving

1. The tasks and powers to decide that state agencies and organizations other than those specified in Clause 1, Article 18 of the Law on Archives submit their files and documents to the central state historical archives shall be carried out by the Minister of Home Affairs.

2. The tasks and powers to decide that state agencies and organizations other than those specified in Clause 2, Article 18 of the Law on Archives submit their files and documents to the local state historical archives shall be carried out by the Chairman of the People's Committee of the province.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Decree takes effect from July 1, 2025.

Clause 2. This Decree ceases to take effect from March 1, 2027, except in the following cases:

a) Ministries and ministerial-level agencies shall report to the Government to propose and obtain the National Assembly’s decision to extend the application period of this Decree in whole or in part.

b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister which provide for the authority, responsibility for state management, procedures, and formalities as prescribed in this Decree, adopted or issued from July 1, 2025, taking effect before March 1, 2027, and corresponding provisions in this Decree shall become invalid at the time these legal documents take effect.

3. During the effective period of the provisions of this Decree, if the provisions on the authority, responsibility for state management, procedures, and formalities in this Decree differ from related legal documents, they shall be implemented according to the provisions of this Decree.

4. Replace and supplement some terms and phrases in Appendix I of Decree No. 152/2020/ND-CP as follows:

a) Replace the phrase "Ministry of Labor - Invalids and Social Affairs (Employment Agency)" with the phrase "People's Committee of the province/Department of Home Affairs" in Forms No. 01/PLI, 02/PLI, 03/PLI, 09/PLI, 10/PLI, 11/PLI, 13/PLI.

b) Replace the phrase "As of January 1, 2024" with the phrase "As of July 1, 2025"; replace the phrase "Electronic Information Portal of the Ministry of Labor - Invalids and Social Affairs (Employment Agency)" with the phrase "Electronic Information Portal of the People's Committee of the province" in Form No. 01, 02/PLI;

c) Replace the phrase "Director/General Director" with the phrase "Chairman of the People's Committee of the province/General Director of the Department of Home Affairs" in Form No. 03/PLI;

d) Replace the phrase "Director of the Employment Agency" with the phrase "Chairman of the People's Committee of the province/General Director of the Department of Home Affairs" in Form No. 10/PLI, 13/PLI;

đ) Replace the phrase "Director of the Employment Agency (Ministry of Labor - Invalids and Social Affairs)" with the phrase "Chairman of the People's Committee of the province/General Director of the Department of Home Affairs" in Form No. 12/PLI.

5. Replace the phrase "Ministry of Labor - Invalids and Social Affairs" with the phrase "People's Committee of the province" in Form No. 10 of Appendix I of Decree No. 112/2021/ND-CP.

6. Repeal Point e, Clause 3, Article 3 and the attached Appendix of Decree No. 74/2024/ND-CP dated June 30, 2024 of the Government on the minimum wage for workers under labor contracts.

When applying the monthly minimum wage and hourly minimum wage for workers working for employers in the commune-level areas listed in the attached Appendix of this Decree, if there are cases where the minimum wage is lower than before July 1, 2025, the employer shall continue to apply the minimum wage as previously applied for the district-level area before July 1, 2025 until the Government issues new regulations.

Article 16. Transitional Provisions and Responsibility for Implementation

1. Tasks that are being handled by agencies or authorized persons at delegated levels and have been partially implemented but not completed before the effective date of this Decree shall continue to be carried out and resolved.

2. Documents, licenses, certificates issued by agencies or authorized persons at delegated levels prior to the effective date of this Decree and which remain valid or within their validity period shall continue to be applied and used according to the terms specified in such documents, licenses, and certificates until their expiration.

In cases where organizations or individuals request amendments or reissuance of documents, licenses, or certificates by agencies, organizations, units, or individuals at delegated levels, they must submit a written request to the relevant agencies, organizations, units, or individuals for resolution.

3. Agencies or individuals receiving delegated functions and tasks in the field of internal affairs management under this Decree shall have the following responsibilities:

a) Review the delegated tasks stipulated in this Decree to amend, supplement, and announce the Decision on the list of administrative procedures within their jurisdiction; ensure smooth implementation of administrative procedures after delegation without interruption;

b) Take over all files, documents, steps taken, and results of resolutions made by the delegating agency or individual prior to the effective date of this Decree. They shall not require individuals or organizations to resubmit already submitted files; nor shall they repeat steps in administrative procedures that were completed before delegation;

c) Report on the implementation of delegated tasks annually by December 31 to the delegating agency or individual;

d) Propose adjustments to the content of task implementation and delegated powers to the delegating agency or individual if practical implementation encounters difficulties beyond their authority;

4. Where legal normative documents cited in this Decree are amended, supplemented, or replaced by new legal normative documents, the new legal normative documents shall apply, except for the provisions on delegation in this Decree.

5. Agencies or individuals with delegated authority shall be responsible for guiding and inspecting the implementation of tasks and powers under this Decree.

6. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government, and related organizations and individuals are responsible for implementing this Decree.