Decree No. 158/2018/ND-CP on the establishment, restructuring, and dissolution of administrative organizations

2. Administrative organizations under ministries and ministerial-level agencies (hereinafter referred to as ministries), include:

Article 2. Applicability

a) Offices, inspection bodies, departments, bureaus, general bureaus, and equivalent organizations within the organizational structure of ministries;

b) Offices, inspection bodies (if any), departments, bureaus, and equivalent organizations within the organizational structure of general bureaus and equivalent general bureaus (hereinafter referred to as general bureaus);

c) Rooms within the organizational structure of offices, inspection bodies, departments (if any), bureaus, and equivalent organizations under ministries;

đ) Sub-bureaus and equivalent organizations within the organizational structure of bureaus under ministries (hereinafter referred to as sub-bureaus under bureaus under ministries);

g) Rooms and equivalent organizations within the organizational structure of sub-bureaus under bureaus under ministries;

3. Administrative organizations under government agencies (if any).

b) Rooms within the organizational structure of administrative organizations under government agencies.

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

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

b) Offices, inspection bodies, specialized rooms, business rooms, sub-bureaus, and equivalent organizations within the organizational structure of departments;

c) Rooms within the organizational structure of sub-bureaus under departments;

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

đ) Offices, rooms, sub-bureaus, and equivalent organizations within the organizational structure of other administrative organizations under the People's Committee at provincial level.

5. Administrative organizations at district level, town level, city level under province, city under central city (hereinafter referred to as district level), including:

a) Specialized agencies under the People's Committee at district level (hereinafter referred to as district-level rooms);

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

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

b) Provincial People's Councils, People's Committees at provincial level;

c) District People's Councils, People's Committees at district level;

4. Receiving agency

d) People's Councils, People's Committees at commune, ward, town level.

1. An administrative organization is an entity assigned the function of advising the head of the agency or organization in performing state management tasks or implementing state management tasks in specific sectors or fields, or advising on internal management work of the agency or organization, and is established in accordance with the provisions of the law.

2. Equivalent organizations are administrative organizations having positions, functions, and tasks similar to those of the administrative organizations specified in Clause 2 and Point b, Point đ, Clause 4 Article 2 of this Decree but with different names and established in accordance with the provisions of the law.

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

3. Reorganizing an administrative organization involves rearranging and improving administrative organizations through forms such as splitting, merging, consolidating, transforming, or adjusting functions and tasks to form new administrative organizations.

2. Equivalent organization is an administrative organization having the position, functions, and tasks as those administrative organizations specified in Clause 2 and Point b, Point d Clause 4 Article 2 of this Decree but with a different name and established in accordance with the law

3. Reorganization of administrative organizations is the rearrangement and improvement of administrative organizations through forms such as division, merger, consolidation, transformation, or adjustment of functions and tasks to form new administrative organizations.

Article 4. Principles for Establishing, Reorganizing, and Dissolving Administrative Organizations

1. The establishment, reorganization, and dissolution of administrative organizations must comply with the conditions, procedures, formalities, and authorities stipulated in this Decree and other relevant regulatory legal documents; new organizations shall only be established in truly necessary individual cases due to practical requirements.

2. The establishment and reorganization of administrative organizations must ensure that they do not exceed the number of organizations as prescribed by the Government, Prime Minister, or the competent authority.

Article 5. Conditions for Establishing, Reorganizing, and Dissolving Administrative Organizations

1. An administrative organization is established when it meets the following conditions:

a) Having a legal basis;

c) Having a scope and object of state management within a sector, field, or internal management area of the administrative organization;

d) Not overlapping functions, tasks, and powers with those of other administrative organizations;

đ) The form and scale of the administrative organization being established must be appropriate to its functions, tasks, powers, and the requirements for administrative reform.

2. An administrative organization may be reorganized in the following cases:

a) When there is a change in its functions, tasks, powers, organizational structure, scope, or objects of management as prescribed by the competent authority;

b) When its operations are deemed ineffective according to the assessment of the competent management authority.

The reorganization to form a new administrative organization must meet the criteria and conditions for establishing an administrative organization as stipulated in Clause 1 of this Article.

3. An administrative organization may be dissolved if it no longer has functions, tasks, or a scope and object of management.

Chapter II

PROCEDURES AND FORMALITIES FOR ESTABLISHING, REORGANIZING, AND DISSOLVING ADMINISTRATIVE ORGANIZATIONS

Section 1

ESTABLISHMENT

1. The proposal for establishing an administrative organization is prepared by the agency or organization proposing the establishment and submitted to the competent authority for examination and decision on establishment.

2. The contents of the proposal include:

a) Necessity and legal basis;

b) Objectives, scope, and objects of management;

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

đ) A report explaining compliance with the establishment criteria prescribed by law;

e) Proposed positions, staffing plans for civil servants based on job positions and the structure of civil servants by rank, ensuring compatibility with the organization's functions, tasks, and powers; having office premises, equipment, working tools, and necessary financial mechanisms to ensure the operation of the administrative organization after establishment;

g) Plan for establishment and implementation schedule for the administrative organization's activities;

h) Recommendations from the agency or organization preparing the proposal for establishment of the administrative organization (if any);

i) Other contents implemented in accordance with specialized laws and guidance from the ministry managing the sector or field.

Article 7. Report for Establishment

1. The report for establishing an administrative organization is prepared by the agency or organization proposing the establishment and submitted to the competent authority for decision on establishment.

2. The contents of the report include:

a) Necessity and legal basis;

b) The process of preparing the proposal;

c) Main contents of the proposal;

d) Issues with differing opinions and related issues.

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

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

a) The Ministry of Home Affairs proposes the establishment of organizations as stipulated in Clause 1, Article 2 of this Decree;

b) Ministries propose the establishment of organizations as stipulated in points a and b, Clause 2, Article 2 of this Decree;

c) Offices, inspection bodies, departments, bureaus, and equivalent organizations under ministries propose the establishment of organizations as stipulated in point c, Clause 2, Article 2 of this Decree;

đ) Bureaus under ministries propose the establishment of organizations as stipulated in points đ and g, Clause 2, Article 2 of this Decree;

e) Agencies under the Government propose to the ministry (the ministry designated by the Government to manage) for the establishment of organizations as stipulated in point a, Clause 3, Article 2 of this Decree;

g) Administrative organizations under agencies under the Government propose the establishment of organizations as stipulated in point b, Clause 3, Article 2 of this Decree;

h) Provincial People's Committees propose the establishment of organizations as stipulated in point a, Clause 4, Article 2 of this Decree;

i) Specialized agencies under provincial People's Committees propose the establishment of organizations as stipulated in points b and c, Clause 4, Article 2 of this Decree;

k) Provincial People's Committees propose the establishment of organizations as stipulated in point d, Clause 4, and point b, Clause 5, Article 2 of this Decree, which fall within the Prime Minister's decision-making authority as prescribed by law;

In case the law stipulates that provincial People's Committees decide on the establishment of organizations as stipulated in point d, Clause 4, and district People's Committees decide on the establishment of organizations as stipulated in point b, Clause 5, Article 2 of this Decree, the proposing agencies are the specialized agencies advising on state management in the organizational sector under provincial People's Committees and district People's Committees.

l) Administrative organizations under provincial People's Committees propose the establishment of organizations as stipulated in point đ, Clause 4, Article 2 of this Decree;

m) District People's Committees propose the establishment of organizations as stipulated in point a, Clause 5, Article 2 of this Decree.

Article 8. Soliciting Opinions from Relevant Agencies and Organizations

The agency or organization proposing to establish an administrative organization must submit the draft proposal, report, and draft document of the agency or person authorized to decide on establishment to relevant agencies and organizations as prescribed by law to solicit written opinions on the establishment of the administrative organization before submitting to the competent authority for review.

Article 9. Documents for Establishment

1. Documents submitted to the reviewing agency or organization:

a) A request for review signed and stamped by the proposing agency or organization in accordance with regulations;

b) Draft report on establishing the administrative organization;

d) Draft document of the agency or person authorized to decide on the establishment of the administrative organization;

đ) Written opinions of relevant agencies regarding the establishment of the administrative organization;

e) Report of the proposing agency or organization on the adoption and explanation of the opinions of relevant agencies.

2. Documents submitted to the agency or person authorized to decide on the establishment of the administrative organization:

a) Report of the proposing agency or organization on establishing the administrative organization;

b) Proposal on establishing the administrative organization;

c) Draft document of the agency or person authorized to decide on the establishment of the administrative organization;

d) Review document of the competent authority;

đ) Report of the proposing agency on the adoption and explanation of the opinions of the reviewing authority;

e) Report of the proposing agency or organization on the adoption and explanation of the opinions of relevant agencies (attached with the written opinions of relevant agencies) and other related documents concerning the establishment of the administrative organization;

g) Notification document of the opinion of the competent authority regarding the establishment of the administrative organization specified in point a, Clause 2 and point a, Clause 3 Article 2 of this Decree that increases the number of administrative organizations under ministries, agencies under the Government.

Article 10. Procedure for Submitting and Receiving Establishment Documents

1. The proposing agency or organization sends one set of establishment documents of the administrative organization to the reviewing agency or organization as prescribed in Article 11 of this Decree for review; for relevant agencies for coordination or information purposes, only the names of these agencies should be listed in the recipient section of the document or the proposal report.

2. The agency or organization receiving the establishment documents of the administrative organization must prepare a list of documents in accordance with regulations.

3. The submitted documents are the original signed and stamped by the proposing agency or organization and other related documents as stipulated in Clause 1 of Article 9 of this Decree.

Article 11. Reviewing the Establishment of Administrative Organizations

1. Reviewing Agency or Organization

For the establishment of administrative organizations, the reviewing agency is defined as follows:

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

b) The organizational personnel department of ministries, agencies under the Government is the reviewing organization for administrative organizations within the decision-making authority of the Minister, Head of a ministry-level agency, Head of an agency under the Government;

c) The specialized agency advising state management in the field of organizational structure under the provincial People's Committee is the reviewing agency for administrative organizations within the decision-making authority of the provincial People's Committee;

d) The specialized agency advising state management in the field of organizational structure under the district People's Committee is the reviewing agency for administrative organizations within the decision-making authority of the district People's Committee.

2. Content of Review, including:

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

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

c) Documents and procedures for establishing the organization as prescribed;

d) Conditions ensuring operation for the administrative organization upon establishment;

đ) Compliance with criteria for establishing organizations as prescribed by law;

e) Feasibility of establishing the administrative organization;

g) Draft document of the agency or person authorized to decide on the establishment of the administrative organization.

In cases where issues are unclear or there are differing opinions, the reviewing agency or organization may require the proposing agency or organization to provide additional written explanations or convene meetings with the proposing agency or organization and relevant agencies at the authorization of the person authorized to decide on the establishment of the administrative organization to clarify and report back to the agency or person authorized to decide.

3. If the decision to establish the administrative organization is a regulatory legal document, the review must also comply with the provisions of law on issuing regulatory legal documents.

Article 12. Report on the establishment of administrative organizations

1. In cases where the establishment of administrative organizations as prescribed in point a, Clause 2 and point a, Clause 3, Article 2 of this Decree increases the number of administrative organizational units within the structure of ministries, agencies under the Government, the proposing agency must report to the Government for submission to the competent authority for comments.

2. The procedures and formalities for reporting on the establishment of administrative organizations include:

a) The proposing agency as prescribed in Clause 1 of this Article shall draft the project proposal for establishment according to Article 6, the draft notification for establishment according to Article 7, and send them out for comments from relevant agencies as prescribed in Article 8 of this Decree;

b) The proposing agency is responsible for consolidating, adopting, and explaining the comments from relevant agencies to improve the draft project proposal and the draft notification for establishment, and submitting them to the Ministry of Home Affairs and the Ministry of Justice for review (accompanied by the comments of relevant agencies);

c) The proposing agency is responsible for consolidating, adopting, and explaining the review comments from the Ministry of Home Affairs and the Ministry of Justice, improving the project, and submitting it to the Government for comments;

d) The proposing agency is responsible for adopting and explaining the comments from members of the Government to improve the project, and submitting it to the competent authority for comments.

Article 13. Decision on Establishment

1. The agency or person with the authority to decide on establishment bases the request for establishment, the review document, and the document announcing the opinion of the competent authority (for the establishment of administrative organizations as prescribed in point a, Clause 2 and point a, Clause 3, Article 2 of this Decree that increase the number of administrative organizational units within ministries, agencies under the Government) to make a decision on establishing the administrative organization.

2. The form of the document establishing the administrative organization must be consistent with the authority to decide on establishment and the provisions of other related legal documents.

Article 14. Handling of Files and Time Limit for Resolving the Establishment

1. Regarding the review of the establishment of administrative organizations:

a) For the establishment of administrative organizations within the authority to decide of the Government, the Prime Minister, the time limit for review is 15 days, starting from the date when all required files are received, the reviewing agency must issue a review document and send it to the proposing agency;

b) For the establishment of administrative organizations within the authority to decide of the Minister, the head of an agency at the ministerial level, the head of an agency under the Government, or local authorities, the time limit for review is 10 days, starting from the date when all required files are received, the reviewing agency must issue a review document and send it to the proposing agency.

2. Regarding the decision on the establishment of administrative organizations

Within 10 days from the date when the proposing agency completes the files according to the comments of the reviewing agency and submits them as prescribed, the agency or person with the authority to make the establishment decision shall issue such a decision.

If the agency or person with the authority to decide on establishment disagrees with the establishment of the administrative organization, they shall provide their comments in writing (specifying the reasons) to the proposing agency.

Section 2

REORGANIZATION, DISSOLUTION

Article 15. Plan and proposal for reorganizing administrative organizations

1. The contents of the plan for reorganizing administrative organizations include:

a) The contents prescribed in Clause 2, Article 6 of this Decree;

b) The current organizational structure and activities of the administrative organization before reorganization;

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

d) Documents from competent authorities confirming financial status, assets, land, loans, debts payable, and other related matters (if any);

đ) Provisions on the responsibility of the head of the administrative organization and relevant individuals for implementing the reorganization plan and the deadline for resolution;

2. The contents of the proposal for reorganizing administrative organizations shall be carried out as stipulated for the proposal to establish administrative organizations under Article 7 of this Decree.

Article 16. Plan and proposal for dissolving administrative organizations

1. The contents of the plan for dissolving administrative organizations include:

a) The necessity and legal basis for dissolution;

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

c) Documents from competent authorities confirming financial status, assets, land, loans, debts payable, and other related matters (if any);

d) Provisions on the responsibility of the head of the administrative organization and relevant individuals for implementing the dissolution plan and the deadline for resolution.

2. The contents of the proposal for dissolving administrative organizations shall be carried out as stipulated for the proposal to establish administrative organizations under Article 7 of this Decree.

Article 17. Documents and procedures for resolving reorganization and dissolution of administrative organizations

1. Documents for reorganizing and dissolving administrative organizations include:

a) The plan for reorganizing and dissolving administrative organizations;

b) The proposal for reorganizing and dissolving administrative organizations;

c) Draft documents of the authority or person with decision-making power for reorganizing and dissolving administrative organizations;

d) Documents from competent authorities confirming completion of financial obligations, assets, land, loans, debts payable, and other related matters (if any).

2. Soliciting opinions from relevant agencies and organizations; procedures for submitting and receiving documents; reviewing; processing documents and deadlines for resolving reorganization and dissolution of administrative organizations shall be carried out as stipulated for establishing administrative organizations.

Chapter III

AUTHORITY AND RESPONSIBILITY

Article 18. Authority of the Government, Prime Minister

1. The Government promulgates regulations on establishing, reorganizing, and dissolving administrative organizations.

2. The Government establishes criteria for establishing administrative organizations as prescribed by law.

3. The Government decides on establishing, reorganizing, and dissolving administrative organizations as prescribed in Point a, Clause 2 and Point a, Clause 3, Article 2 of this Decree.

4. The Prime Minister decides on establishing, reorganizing, and dissolving administrative organizations as prescribed in Clause 1, Point b, Clause 2, Article 2 of this Decree (excluding organizations under the General Staff of the Vietnam People's Army and the Political Bureau of the Vietnam People's Army); decides on establishing, reorganizing, and dissolving administrative organizations as prescribed in Point d, Clause 4 and Point b, Clause 5, Article 2 of this Decree in accordance with the law.

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

1. Submit to competent agencies or persons for issuance or issue within their authority legal regulatory documents on administrative organization, professional guidance documents, forms, reporting systems serving administrative management.

2. Submit to the Government for determination of general criteria for establishment, reorganization, dissolution of administrative organizations as stipulated in Clauses 2, 3, 4, and 5 of Article 2 of this Decree.

3. Aggregate and update information on administrative organizations nationwide and report to competent levels as prescribed by law.

Article 20. Authority and responsibilities of the Minister, Heads of Ministries, Heads of Government Agencies

1. The Minister and Heads of Ministries shall perform the following authorities and responsibilities:

a) Submit to competent agencies or persons for issuance or issue within their authority specific criteria for establishing administrative organizations according to sectors and fields under their management as prescribed by law;

b) Decide on the establishment, reorganization, dissolution of administrative organizations as stipulated in Points c, d, đ, e, g, h of Clause 2 of Article 2 of this Decree or delegate to the Director-General the decision to establish the organization as stipulated in Point h of Clause 2 of Article 2 of this Decree.

2. The Head of Government Agencies shall decide on the establishment, reorganization, dissolution of administrative organizations as stipulated in Point b of Clause 3 of Article 2 of this Decree.

Article 21. Authority and responsibilities of Provincial People's Committees and District People's Committees

1. Provincial People's Committees submit to the same-level People's Council for decision on the establishment, reorganization, dissolution of administrative organizations as stipulated in Point a of Clause 4 of Article 2 of this Decree.

2. Provincial People's Committees decide on the establishment, reorganization, dissolution of administrative organizations as stipulated in Points b, c, đ of Clause 4 of Article 2 of this Decree; decide on the establishment, reorganization, dissolution of administrative organizations as stipulated in Point d of Clause 4 of Article 2 of this Decree in accordance with the law.

3. District People's Committees submit to the same-level People's Council for decision on the establishment, reorganization, dissolution of administrative organizations as stipulated in Point a of Clause 5 of Article 2 of this Decree.

4. District People's Committees decide on the establishment, reorganization, dissolution of administrative organizations as stipulated in Point b of Clause 5 of Article 2 of this Decree in accordance with the law.

Article 22. System of Information Provision and Reporting on Administrative Organizations

Ministries, equivalent ministries, government agencies, other administrative organizations established by the Government or the Prime Minister, provincial people's committees, centrally governed city people's committees have the responsibility:

1. To provide information on administrative organizations under their management to relevant agencies, organizations, and individuals as prescribed by law.

2. Regularly aggregate and submit reports on data regarding administrative organizations under their management to the Ministry of Home Affairs before December 20th each year as prescribed.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Transitional Provisions

1. Agencies and organizations that have submitted proposals and requests to competent agencies or persons for decisions on the establishment, reorganization, dissolution of administrative organizations before the effective date of this Decree but have not yet received decisions from competent agencies or persons shall continue to implement in accordance with Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on procedures and formalities for establishing, reorganizing, and dissolving state administrative organizations.

2. Specifically, for the establishment of administrative organizations as stipulated in Point a of Clause 2 and Point a of Clause 3 of Article 2 of this Decree which increase organizational units in the structure of ministries and government agencies, the proposing agency or organization must report and seek opinions in accordance with Article 12 of this Decree.

Article 24. Effective Date

This Decree takes effect from January 10, 2019, replacing Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on procedures and formalities for establishing, reorganizing, and dissolving state administrative organizations.

Article 25. Responsibilities for Implementation

The Minister, Heads of Equivalent Ministries, Heads of Government Agencies, heads of agencies established by the Government or the Prime Minister, People's Councils, Provincial People's Committees, People's Councils, District People's Committees, and related agencies and organizations are responsible for implementing this Decree./.