Decree No. 370/2025/ND-CP Amending and supplementing certain articles of Decree No. 150/2025/ND-CP dated June 12, 2025, of the Government stipulating the organization of specialized agencies under provincial People's Committees, centrally-run city People's Committees, and commune-level People's Committees, town-level People's Committees, and special economic zones under provincial and centrally-run city People's Committees.

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO. 150/2025/NĐ-CP OF JUNE 12, 2025 OF THE GOVERNMENT ON THE ORGANIZATION OF SPECIALIZED AGENCIES UNDER PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT AND COMMUNE AND WARD PEOPLE'S COMMITTEES UNDER PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT

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

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

At the proposal of the Minister of Home Affairs;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 150/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the organization of specialized agencies under provincial people's committees, city people's committees directly under the central government, and commune and ward people's committees under provincial and city people's committees directly under the central government.

Article 1. Amending and supplementing Clause 2 of Article 1

"2. This Decree applies to specialized agencies under provincial people's committees including departments and agencies equivalent to departments (hereinafter referred to collectively as departments); specialized agencies under commune and ward people's committees including offices and agencies equivalent to offices (hereinafter referred to collectively as offices).

The organization of specialized agencies under special zone people's committees in special cases shall be implemented according to the Government's regulations on the tasks, powers, organization, and operation of special zone people's committees, chairpersons of special zone people's committees, specialized agencies, and other administrative organizations under special zone people's committees in special cases."

Article 2. Supplementing Clause 2a of Article 2

"2a. Determining the number of deputy positions in agencies and organizations must ensure the principle that the number of deputy positions in an organization does not exceed the number of deputy positions in the directly superior organization. For agencies and organizations at the same level, the number of deputy positions in an agency or organization without internal organizations shall not exceed the number of deputy positions in an agency or organization with internal organizations."

Article 3. Amending and supplementing Clause 11 of Article 4

"11. Specifying the functions, tasks, and powers of the office; specialized and professional departments under departments in accordance with the functions, tasks, and powers of the department."

Article 4. Amending and supplementing Article 6

"Article 6. Heads, deputies of heads of departments, and the number of deputies of organizations under departments

At the time of state administrative organization restructuring, the number of deputies of heads of agencies, organizations, and units may exceed the prescribed number. Within no more than five years from the effective date of the decision on state administrative organization restructuring by the competent authority, the number of deputies of heads of agencies, organizations, and units after restructuring shall comply with the regulations, specifically as follows:

1. Heads, deputies of heads of departments

a) Heads of departments under provincial people's committees (hereinafter referred to collectively as Department Directors) are appointed by the Chairman of the provincial people's committee, responsible to the provincial people's committee, the Chairman of the provincial people's committee, and the law for performing the functions, tasks, and powers of the department according to the Working Regulations and assignments of the provincial people's committee;

b) Deputies of heads of departments under provincial people's committees (hereinafter referred to collectively as Deputy Department Directors) are appointed by the Chairman of the provincial people's committee upon the recommendation of the Department Director, assisting the Department Director in performing specific tasks assigned by the Department Director and being responsible to the Department Director and the law for performing the assigned tasks. When the Department Director is absent, one Deputy Department Director is authorized by the Department Director to act on behalf of the Department Director in managing the activities of the department. Deputy Department Directors shall not concurrently hold the position of head of an organization or unit under and directly under the department, except where otherwise provided by law.

2. The number of Deputy Department Directors

a) The number of Deputy Department Directors is arranged at an average of three persons per department;

b) Departments implementing mergers and consolidations when merging and consolidating two provincial administrative units shall have their number of Deputy Department Directors increased by one person, or when merging and consolidating three provincial administrative units, the number of Deputy Department Directors shall be increased by two persons compared to the number of Deputy Department Directors specified in point a of Clause 2 of this Article;

c) In cases where departments implement mergers and consolidations according to the decision of the competent authority, the number of Deputy Department Directors after mergers and consolidations shall be increased by one person;

d) In cases where departments implement mergers and consolidations according to the decision of the competent authority and continue to implement mergers and consolidations when merging and consolidating two provincial administrative units, the number of Deputy Department Directors shall be increased by two persons, or when merging and consolidating three provincial administrative units, the number of Deputy Department Directors shall be increased by three persons compared to the number of Deputy Department Directors specified in point a of Clause 2 of this Article;

đ) In cases where special departments do not implement mergers and consolidations when merging and consolidating provincial administrative units, the number of Deputy Department Directors shall be implemented according to the provisions of point a of Clause 2 of this Article;

e) For Hanoi City and Ho Chi Minh City: In addition to the total number of Deputy Department Directors as specified in points a, b, c, and d of Clause 2 of this Article, they may increase by no more than ten Deputy Department Directors;

g) Based on the criteria and principles for determining the number of deputies stipulated in this Decree, the provincial people's committee determines the total number of deputies of agencies, organizations, and units within its management scope and decides the specific number of deputies for each agency, organization, and unit within its authority.

3. The number of Deputy Heads of specialized and professional departments under departments

a) Departments under departments with less than ten civil servant positions are arranged with one Deputy Head; with ten to fourteen civil servant positions are arranged with no more than two Deputy Heads; with fifteen civil servant positions or more are arranged with no more than three Deputy Heads;

b) Departments implementing mergers and consolidations when merging and consolidating departments as specified in points b, c, and d of Clause 2 of this Article, the number of Deputy Heads shall be increased as adjusted for the number of Deputy Department Directors specified in points b, c, and d of Clause 2 of this Article compared to the number of Deputy Heads of the department with the highest number of deputies determined according to the provisions of point a of Clause 3 of this Article.

4. The number of Deputy Heads of the Office of the Department shall be implemented according to the provisions of point a of Clause 3 of this Article. Departments under the Office of the Department implementing mergers and consolidations together with the merger and consolidation of departments as specified in points b, c, and d of Clause 2 of this Article, the number of Deputy Heads of the departments under the Office of the Department after mergers and consolidations shall be increased as adjusted for the number of Deputy Department Directors specified in points b, c, and d of Clause 2 of this Article compared to the number of Deputy Heads of the department with the highest number of deputies determined according to the provisions of point a of Clause 3 of this Article.

5. The number of Deputy Chiefs of District-level Agencies under departments

a) District-level Agencies under departments with one to three rooms and equivalents are arranged with one Deputy Chief; without rooms or with four rooms and equivalents or more are arranged with no more than two Deputy Chiefs;

b) District-level Agencies implementing mergers and consolidations when merging and consolidating departments as specified in points b, c, and d of Clause 2 of this Article, the number of Deputy Chiefs shall be increased as for Deputy Heads of departments as specified in point b of Clause 3 of this Article.

6. The number of Deputy Heads of rooms under district-level Agencies under departments shall apply according to the provisions of point a of Clause 3 of this Article. Rooms under district-level Agencies under departments implementing mergers and consolidations together with the merger and consolidation of departments as specified in points b, c, and d of Clause 2 of this Article, the number of Deputy Heads of rooms under district-level Agencies under departments after mergers and consolidations shall be increased as adjusted for the number of Deputy Department Directors specified in points b, c, and d of Clause 2 of this Article compared to the number of Deputy Heads of the room with the highest number of deputies determined according to the provisions of point a of Clause 3 of this Article."

Article 5. Amending and supplementing Clause 1 of Article 11

"1. The Office is a specialized agency under the People's Committee at the commune level. The Office has its own seal and separate account in accordance with the provisions of the law to perform assigned tasks; it performs the function of advising and assisting the People's Committee at the commune level in managing state affairs in the relevant sectors and fields in the locality in accordance with the provisions of the law."

Article 6. Amending and supplementing Article 13

"Article 13. Heads and deputies of the Office

1. The head of the Office under the People's Committee at the commune level (hereinafter referred to as the Director) shall be appointed by the Chairman of the People's Committee at the commune level, and shall be responsible to the People's Committee at the commune level, the Chairman of the People's Committee at the commune level, and before the law for performing the functions, duties, and authorities of the Office.

2. The deputy of the head of the Office under the People's Committee at the commune level (hereinafter referred to as the Deputy Director) shall assist the Director in directing certain aspects of work and shall be responsible to the Director for the tasks assigned. When the Director is absent, the Deputy Director shall be authorized by the Director to manage the activities of the Office.

3. Number of Deputy Directors

a) The number of Deputy Directors shall be calculated on the principle of an average of two deputies per office.

b) Based on the provision at point a, Clause 3 of this Article and the number of specialized offices established, the People's Committee at the commune level shall decide specifically the number of Deputy Directors of each specialized office within its jurisdiction.

4. Appointment, reappointment, extension of term of office, resignation, removal, transfer, rotation, commendation, disciplinary action, implementation of systems and policies for the Director and Deputy Director shall be decided by the Chairman of the People's Committee at the commune level in accordance with the provisions of the law."

Article 7. Amending and supplementing some points and clauses of Article 15

1. Amending and supplementing point a, Clause 1 as follows:

“a) The field of the Office, including: Programs and plans of work of the People's Council, Standing Committee of the People's Council, People's Committee, and specialized agencies under the People's Committee; advising on the activities of the Standing Committee of the People's Council; directing and managing activities of the Chairman of the People's Committee; providing information, ensuring material and technical conditions to serve the activities of the People's Council and People's Committee at the commune level; advising and assisting the People's Committee at the commune level in managing state affairs related to receiving citizens, handling complaints and petitions, and preventing corruption and negative practices; implementing internal management work of the Office.”

2. Amending and supplementing point c, Clause 3 as follows:

“c) The field of Culture, Science, and Information, including: Culture; family; physical education and sports; tourism; advertising; printing; radio and television; press; grassroots information; foreign information; scientific research activities, technological development, innovation, and development of scientific and technological potential; intellectual property; standards, measurement, and quality; radiation application and radioactive isotopes; radiation safety and nuclear safety; postal services; information technology applications (excluding information security and cyber security); electronic transactions; digital government; digital economy, digital society, and digital transformation; information infrastructure.”

Article 8. Amending and supplementing Article 16

"Article 16. Framework for the number of Offices under the People's Committee at the commune level

1. Based on the groups of industries and fields stipulated in Article 15 of this Decree and criteria for administrative unit classification, population size, natural area, level of development, economic and social conditions, decentralization and delegation of authority between local levels of government, and special characteristics of each type of administrative unit, the People's Committee at the provincial level shall decide the framework for the number and name of specialized offices to be applied in commune-level administrative units within its jurisdiction, ensuring that the average does not exceed 4.5 organizations (including specialized offices and Public Service Centers) per commune-level administrative unit; specifically, for Hanoi City and Ho Chi Minh City, the average shall not exceed 4.7 organizations (including specialized offices and Public Service Centers) per commune-level administrative unit.

2. The decision to establish specialized offices shall be made by the local government at the commune level. In cases where commune-level administrative units do not establish specialized offices, they shall arrange specialized civil servants to advise and assist the People's Committee at the commune level in managing state affairs in relevant industries and fields as prescribed.

3. The Public Service Center under the People's Committee at the commune level shall operate in accordance with the regulations of the Government."

Article 9. Amending and supplementing Clause 1 of Article 19

"1. Specifically defining the functions, duties, and authorities of each department in accordance with the guidance of the sectoral management agency; deciding the organizational structure and number of Deputy Directors of each department in accordance with the requirements for managing state affairs in relevant industries and fields at the local level and the criteria stipulated in this Decree; deciding the framework for the number, name, and functions of specialized offices to be applied in commune-level administrative units within its jurisdiction."

Article 10. Amending and supplementing Clause 3 of Article 20

"3. Defining the functions, duties, authorities, and organizational structures of public service units under the district-level agency and equivalent units under departments and other public service units in accordance with the provisions of the specialized laws."

Article 11. Amending and supplementing Article 21

"Article 21. People's Committee at the commune level

1. Submitting to the People's Council at the same level for decisions on establishing, restructuring, or dissolving specialized offices and other administrative organizations under the People's Committee at the commune level in accordance with the provisions of the law.

2. Specifically defining the functions, duties, and authorities of specialized offices in accordance with the guidance of the People's Committee at the provincial level and sectoral management agencies; based on the number of specialized offices established and the average number of Deputy Directors per office as stipulated in point a, Clause 3 of Article 13, deciding specifically the number of Deputy Directors of each specialized office within its jurisdiction.

3. Delegating the performance of one or more tasks and authorities within the jurisdiction of the People's Committee at the commune level in accordance with the provisions of the law.

4. Annually reporting to the People's Council at the commune level (if applicable) and the People's Committee at the provincial level on the organization and operation of specialized offices."

Article 12. Amending and supplementing Article 23

"Article 23. Transitional Provisions and Application

1. For the content of transferring functions and duties among related agencies involving administrative procedures, the following principles shall apply:

a) In cases where organizations or individuals have submitted applications before the effective date of this Decree, they shall continue to follow the provisions of the law at the time of submission.

b) Cases that have been reviewed, approved, or granted certificates, licenses, or certificates before the effective date of this Decree shall continue to be valid according to the documents issued by the competent state agencies. If there is a validity period, it shall be valid until the end of the period. In cases of amendment, supplementation, adjustment, renewal, issuance, or revocation, they shall be carried out in accordance with the division of responsibilities stipulated in this Decree and related regulations.

2. Departments that have completed mergers and consolidations according to the decision of the competent authority from March 1, 2025 shall implement the number of Deputy Directors in accordance with point c, Clause 2 of Article 6. Departments that have completed mergers and consolidations according to the decision of the competent authority from March 1, 2025 and continue to merge and consolidate when merging and consolidating two or more provincial-level administrative units before the effective date of this Decree shall implement the number of Deputy Directors in accordance with point d, Clause 2 of Article 6 of this Decree.

3. Specialized offices, business units, bureaus under departments, and offices under bureaus under departments that have completed mergers and consolidations according to the decision of the competent authority from March 1, 2025 shall increase the number of Deputy Directors, Deputy Bureau Chiefs, and Deputy Directors under bureaus under departments in accordance with point b, Clause 3 and Clause 6 of Article 6. Specialized offices, business units, bureaus under departments, and offices under bureaus under departments that have completed mergers and consolidations according to the decision of the competent authority from March 1, 2025 and continue to merge and consolidate when merging and consolidating two or more provincial-level administrative units before the effective date of this Decree shall increase the number of Deputy Directors, Deputy Bureau Chiefs, and Deputy Directors under bureaus under departments in accordance with point b, Clause 3 and Clause 6 of Article 6 of this Decree.

4. For agencies, organizations, and units implementing organizational restructuring, they shall continue to review and adjust the number of deputies to ensure that by the end of 2030, the number of deputies of heads of agencies, organizations, and units complies with the provisions of this Decree."

Article 13. Amending and supplementing Article 24

“Article 24. Effective date

This Decree shall take effect from January 1, 2026.”

Article 14. Responsibility for implementation

The Ministers; Heads of ministerial-level agencies; Heads of government agencies; People's Councils; Provincial People's Committees and municipal people's committees under central cities; People's Councils; Commune People's Councils, ward People's Councils, and special administrative-economic zones under provincial and municipal cities directly under the central government, and related agencies shall be responsible for implementing this Decree.