Decree No. 283/2025/NĐ-CP Amending and supplementing some articles of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, reorganization, and dissolution of public service units.

DECREE

Amending and supplementing certain Articles of Decree No. 120/2020/NĐ-CP

dated October 7, 2020 of the Government on establishment, reorganization, and dissolution of public service units

Law on Public Servants No. 58/2010/QH12; Law amending and supplementing certain provisions of the Law on Civil Servants and the Law on Public Servants No. 52/2019/QH14;

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

On the basis of The Government promulgates this Decree to amend and supplement certain provisions of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on establishment, reorganization, and dissolution of public service units.

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

Article 1. Amending and supplementing certain Clauses of Article 2

“1. Public service units under the management of ministries and ministerial-level agencies (hereinafter referred to as ministries) include:

2. Amending and supplementing Clause 5 as follows:

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

b) Public service units under bureaus, under sub-bureaus under bureaus under ministries;

c) Public service units under offices under ministries;”

“5. Public service units under People's Committees of communes, wards, and special administrative regions directly under provinces (hereinafter collectively referred to as commune level).”

Article 4. Amending and supplementing Clause 1, Clause 2, and Clause 3 of Article 17 of Decree No. 81/2018/NĐ-CP which has been amended and supplemented by Clause 3 of Article 1 of Decree No. 128/2024/NĐ-CP

Article 2. Amending and supplementing Clause 2 of Article 3

“2. Reorganizing public service units involves rearranging and improving public service units through forms such as division, separation, merger, consolidation; or adjusting names, positions, functions, and tasks to form new public service units; transferring public service units.”

Article 3. Amending and supplementing certain Points and Clauses of Article 5

1. Amending Point b Clause 1 as follows:

“b) Meeting the criteria for establishing public service units as prescribed by specialized laws (except for multi-sectoral and multi-disciplinary public service units providing basic and essential public services that are appropriate to the socio-economic development conditions at provincial and commune levels);”

2. Amending and supplementing Point d Clause 1 as follows:

“d) Ensuring a minimum number of 15 public servants (except for basic and essential public service units established according to specialized laws).

For self-financing public service units and self-financing public service units with both recurrent and capital expenditures, when these units are established, the minimum number of staff members, including public servants and professionals hired under labor contracts, shall be determined based on the establishment plan.

For public service units abroad, the number of staff members shall be determined based on the approved establishment plan of the public service unit.”

Article 4. Amending and supplementing Point c Clause 2 of Article 6

“c) For partially self-financing public service units and public service units fully financed by the state budget:

The average number of deputy directors of units within the organizational structure of ministries and ministerial-level agencies shall not exceed three per unit.

Units specified in Point a Clause 1 (excluding those within the organizational structure of ministries and ministerial-level agencies), Clause 2, and Point a Clause 4 of Article 2 of this Decree, with up to twenty public servants shall have no more than two deputy directors; those with more than twenty public servants shall have no more than three deputy directors.

Units specified in Points b and c Clause 1, Clause 3, Points b, c, and d Clause 4, and Clause 5 of Article 2 of this Decree shall have no more than two deputy directors. For hospitals classified as Class I or higher; health service units performing disease surveillance and prevention at the provincial level classified as Class I or higher; general education schools with multiple grades and a scale of forty classes or more, they may have no more than three deputy directors.”

Units specified in points b and c of Clause 1, Clause 3, points b, c, and d of Clause 4, and Clause 5 of Article 2 of this Decree shall be organized with no more than two deputy levels. For hospitals of Class I or higher; health public service units performing disease control and prevention tasks at provincial level of Class I or higher; general education schools with multiple educational levels having a scale of forty classes or more, they may be organized with no more than three deputy levels.

Article 5. Amending and supplementing Clause 4 of Article 9

"4. The agencies and organizations proposing to establish public service units shall be as follows:

a) Ministries and ministerial-level agencies propose to establish units specified in point a, Clause 1 of Article 2 of this Decree within the competence to decide on establishment of the Government, the Prime Minister, and the Minister managing the sector or field according to specialized laws;

b) Personnel and Organization Departments under ministries and ministerial-level agencies propose to establish units specified in point a, Clause 1 of Article 2 of this Decree within the competence to decide on establishment of the Minister or the head of a ministerial-level agency;

c) Bureaus under ministries and ministerial-level agencies propose to establish units specified in point b, Clause 1 of Article 2 of this Decree;

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

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

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

g) People's Committees at provincial level propose to establish units specified in point a, Clause 4 of Article 2 of this Decree within the competence to decide on establishment of the Government, the Prime Minister, and the Minister managing the sector or field according to specialized laws;

h) Specialized agencies under People's Committees at provincial level propose to establish public service units operating in the corresponding sector or field specified in point a, Clause 4 of Article 2 of this Decree within the competence to decide on establishment of the People's Committee at provincial level.

For multi-sector and multi-field public service units providing basic and essential services under People's Committees at provincial level, the specialized agency advising on state management in organizational structure under the People's Committee at provincial level is the agency proposing to establish such unit.

i) Specialized agencies under People's Committees at provincial level propose to establish public service units specified in points b and c, Clause 4 of Article 2 of this Decree;

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

l) Specialized agencies under People's Committees at district level propose to establish public service units operating in the corresponding sector or field specified in Clause 5 of Article 2 of this Decree.

For multi-sector and multi-field public service units providing basic and essential services under People's Committees at district level, the specialized agency advising on state management in organizational structure under the People's Committee at district level is the agency proposing to establish such unit."

Article 6. Amending point d, Clause 1 of Article 10

"d) For public service units under the competence to decide of People's Committees at district level: The proposal for establishment shall be submitted to seek opinions from specialized agencies under People's Committees at district level regarding the relevant sectors or fields: internal affairs, judiciary, planning and finance, specialized agencies advising on state management in the relevant sector or field of operation of the public service unit, and related organizations (if any)."

Article 7. Amend Point d Clause 1 Article 13

“d) The specialized agency shall advise on the state management in the organizational structure field under the People's Committee at the commune level to appraise public service organizations under the authority of the People's Committee at the commune level;"

Article 8. Add Article 18a

"Article 18a. Transfer of Public Service Organizations

1. The transfer of public service organizations is the act of transferring the management authority over public service organizations between management agencies or agencies authorized to manage public service organizations. The transfer of public service organizations shall be carried out according to the principle of transferring the public service organization in its current state.

2. Authority to decide on the transfer of public service organizations

a) The Prime Minister decides on the transfer of public service organizations between ministries, ministerial-level agencies, and government agencies (excluding public service organizations within the organizational structure of ministries, ministerial-level agencies, and government agencies); between ministries, ministerial-level agencies, and government agencies and provincial People's Committees; and between provincial People's Committees.

b) The Minister, Head of a ministerial-level agency, or Head of a government agency decides on the transfer of public service organizations between organizations and units under ministries, ministerial-level agencies, and government agencies.

c) The Provincial People's Committee decides on the transfer of public service organizations between specialized agencies and other administrative organizations under the Provincial People's Committee; between specialized agencies and other administrative organizations under the Provincial People's Committee and Commune People's Committees; and between Commune People's Committees.

3. Documents for appraisal of the transfer of public service organizations between ministries, ministerial-level agencies, government agencies, and provincial People's Committees include:

a) A request for appraisal signed and stamped by the agency proposing the transfer of the public service organization in accordance with regulations;

b) Draft Proposal for the transfer of the public service organization prepared by the agency proposing the transfer of the public service organization, including: The necessity and legal basis for the transfer; the current organizational structure and operation of the public service organization before the transfer; plans for handling organizational structure, personnel, finance, assets, land, rights, obligations, and responsibilities related to the functions and tasks of providing public services and serving state management of the organization when implementing the transfer; relevant documents (land papers, assets, funds, human resources); confirmations from competent authorities regarding finance, assets, land, loans, debts, and other related matters (if any); methods for transferring the public service organization; conditions and commitments for receiving the public service organization (if any); responsibilities of agencies implementing and receiving the transfer of the public service organization; responsibilities of the transferred public service organization; other contents implemented in accordance with specialized laws and guidance from the sectoral management ministry;

c) Draft report on the transfer of the public service organization: The content of the report on the transfer of the public service organization is implemented as stipulated in Article 9 of this Decree for the establishment of a public service organization;

d) Draft document of the person authorized to decide on the transfer of the public service organization in accordance with regulations;

đ) Written agreement of the agency or organization receiving the transfer of the public service organization;

e) Written opinions of related agencies and organizations on the transfer of the public service organization;

g) Report on adopting and explaining the opinions of related agencies and organizations;

h) Other contents implemented in accordance with specialized laws and guidance from the sectoral management ministry.

4. Procedure and formalities for the transfer of public service organizations between ministries, ministerial-level agencies, government agencies, and provincial People's Committees

a) The agency proposing the transfer of the public service organization sends the documents specified in Points a, b, and c Clause 3 of this Article to the agency or organization receiving the transfer of the public service organization, the Ministry of Home Affairs, the Ministry of Justice, the Ministry of Finance, the sectoral management ministry, and related agencies (if any) to obtain written comments on the transfer of the public service organization before submitting it to the competent authority for appraisal. Obtaining opinions from other agencies and organizations is carried out in accordance with specialized laws.

b) The agency proposing the transfer of the public service organization submits one set of documents as stipulated in Clause 3 of this Article to the Ministry of Home Affairs for appraisal.

c) The agency proposing the transfer of the public service organization presents the decision-making authority on the transfer of the public service organization with the dossier including: Report; proposal for the transfer of the public service organization; draft document of the person authorized to decide on the transfer of the public service organization; appraisal document of the competent authority; report on adopting and explaining the appraisal authority's opinion; report on adopting and explaining the opinions of related agencies and organizations; other contents implemented in accordance with specialized laws and guidance from the sectoral management ministry.

d) Appraisal; processing of the dossier and time limit for resolving the transfer of the public service organization are carried out as stipulated for the establishment of a public service organization.

5. Implementation of the transfer of public service organizations between ministries, ministerial-level agencies, government agencies, and provincial People's Committees after receiving the document of the person authorized to decide on the transfer of the public service organization

a) The head of the public service organization prepares the dossier and legal documents according to the Proposal for the transfer of the public service organization as stipulated in Point a Clause 3 of this Article.

b) The transferring agencies and receiving agencies shall organize the signing of the Memorandum of Transfer for public service units, including the following main contents: the name and address of the transferring agency and receiving agency; the name and address of the transferred public service unit and related documents; the method of transferring the public service unit; conditions and commitments for transferring the public service unit (if any); responsibilities of the agencies implementing the transfer of the public service unit, and the responsibilities of the transferred public service unit according to the Plan on the Transfer of Public Service Units as stipulated in point b, Clause 3, Article of this Law.

c) After completing the transfer of the public service unit, the transferring agency shall prepare the file to request the transfer of assets to the competent agency or person in accordance with the laws on asset management and utilization; send a document to the competent authority responsible for assigning personnel quotas to implement the transfer of civil servant positions in accordance with the regulations.

6. On the transfer of public service units between organizations and units under ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

a) The Minister, Head of a ministerial-level agency, and Head of a government agency shall decide on the application of the provisions on files, procedures, and formalities set out in Clause 3 and Clause 4 of this Article to carry out the transfer of public service units between organizations and units under ministries, ministerial-level agencies, and government agencies.

b) The Provincial People's Committee shall decide on the application of the provisions on files, procedures, and formalities set out in Clause 3 and Clause 4 of this Article to carry out the transfer of public service units between specialized agencies and other administrative organizations under the Provincial People's Committee; between specialized agencies and other administrative organizations under the Provincial People's Committee and the People's Committee at the commune level; and between People's Committees at the commune level.

Article 9. Amending point b, Clause 2, Article 19.

“b) Decisions on establishing, restructuring, and dissolving public service units within the decision-making authority of the Prime Minister in accordance with the specialized laws and other public service units in accordance with the laws.”

Article 10. Amending and supplementing Clause 1, Article 21.

“1. The Minister, Head of a ministerial-level agency shall decide on establishing, restructuring, and dissolving public service units specified in Clause 1, Article 2 of this Decree (excluding units within the decision-making authority of establishment of the Government, the Prime Minister, and the Minister managing the sector or field in accordance with the specialized laws) and other public service units in accordance with the laws.”

Article 11. Amending and supplementing Article 24

“Article 24. Authority and responsibility of the Provincial People's Committee, Chairman of the Provincial People's Committee, and Commune-level People's Committee.

1. Provincial People's Committee

a) Deciding on establishing, restructuring, and dissolving public service units specified in Clause 4, Article 2 of this Decree (excluding units within the decision-making authority of establishment of the Government, the Prime Minister, and the Minister managing the sector or field in accordance with the specialized laws) and other public service units in accordance with the laws;

b) Specifying the functions, tasks, powers, and organizational structure of public service units specified in points a, b, and d, Clause 4, Article 2 of this Decree (except where otherwise provided by specialized laws); approving the self-management plan of public service units under their management scope; guiding, inspecting, and supervising the implementation of the plan according to the approved plan;

c) Deciding on establishing the Management Board and approving the Operation Regulation of the Management Board in public service units under their management authority in accordance with the specialized laws and guidance from the sectoral management ministry;

d) Directing the functions, tasks, and powers of public service units providing basic and essential cross-sector and cross-field public services at the commune level, ensuring compliance with the guidance of the sectoral management ministry and being suitable to the emerging requirements and tasks in the commune area.

2. Chairman of the Provincial People's Committee.

a) Specifying the functions, tasks, powers, and organizational structure of public service units specified in point c, Clause 4, Article 2 of this Decree and other public service units in accordance with specialized laws;

b) Deciding on appointing the Chairperson and other members of the Management Board in public service units that self-finance recurrent expenses and investment costs and other public service units decided by the Provincial People's Committee in accordance with point b, Clause 1, Article 7 of this Decree.

3. The Commune-level People's Committee decides on establishing, restructuring, dissolving, and specifying the functions, tasks, powers, and organizational structure of public service units specified in Clause 5, Article 2 of this Decree in accordance with the laws; approving the self-management plan of public service units under its management scope; guiding, inspecting, and supervising the implementation of the plan according to the approved plan.”

Article 12. Amending and supplementing Article 27

“Article 27. Transitional Provisions

In cases where public service units are reorganized, the number of deputy positions for the head of the unit and within the unit may exceed the prescribed number. Within no more than five years from the date on which the decision of the competent authority to reorganize the organizational structure takes effect, the unit must implement the number of deputy positions in accordance with the provisions of this Decree.”

Article 13. Amending and supplementing Article 28

“Article 28. Application of the provisions of this Decree to other subjects

1. The Minister of Public Security and the Minister of National Defense shall decide on the application of the provisions of this Decree within their respective fields and scope of management.

2. Public service units under public service units specified in Clauses 1 to 5 of Article 2 of this Decree and public service units under political organizations and political-social organizations shall apply the provisions of this Decree and relevant regulations of the Party and laws in accordance with their specific circumstances.”

Article 14. Amending, supplementing, replacing, and abolishing certain provisions of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units

1. Add the phrase "Public service units that are restructured in cases where at least one of the following conditions exists:" after the title of Clause 2 of Article 5.

2. Add the phrase "Public service units that are dissolved in cases where at least one of the following conditions exists:" after the title of Clause 3 of Article 5.

3. Abolish Clause 2 of Article 7; Point d of Clause 1 of Article 5; Clauses 1 and 2 of Article 23.

4. Delete the phrase "Clause 2" at Point c of Clause 6 of Article 7, the phrase "inspection" at Clause 4 of Article 22.

5. Replace the phrase "satisfying the conditions stipulated in Clause 2" with the phrase "stipulated in Clause 1" at Point a of Clause 6 of Article 7.

Article 15. Implementation Provisions

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

2. Abolish Article 3 of Decree No. 83/2024/NĐ-CP dated July 10, 2024 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies amended and supplemented certain articles according to Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government, Decree No. 10/2016/NĐ-CP dated February 1, 2016 of the Government on agencies under the Government amended and supplemented according to Decree No. 47/2019/NĐ-CP dated June 5, 2019 of the Government and Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units.

3. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Heads of agencies established by the Government or the Prime Minister that are not public service units, Chairpersons of provincial and centrally-administered city People's Committees, Heads of public service units, and related agencies and organizations shall be responsible for implementing this Decree.