Decree No. 45/2025/NĐ-CP stipulates the organization of specialized agencies under the People's Committees at provincial and district levels, applicable to departments, divisions, and inspection offices. It provides principles for organization, authority of heads, criteria for establishment of organizations, organizational framework, and responsibilities of ministries, ministerial-level agencies, and People's Committees at provincial and district levels.
适用范围
Specialized agencies under the People's Committees at provincial and district levels include departments, divisions, inspection offices, and public service units.
要点
- Departments and divisions are specialized agencies under the People's Committees at provincial and district levels; they perform advisory functions and assist the People's Committees in state management of sectors and fields.
- The head of a department has three Deputy Directors, each division has two Deputy Division Chiefs. The number of deputies depends on the number of civil servants.
- The organizational structure of a department includes specialized divisions, inspection office (if any), office (if any), and equivalent inspection office.
- The framework for the number of provincial departments does not exceed fifteen in Hanoi and Ho Chi Minh City, fourteen in other provinces; the framework for the number of district divisions does not exceed ten.
- The Chairman of the People's Committee at the provincial level decides the functions, tasks, and powers of specialized agencies under the People's Committees at provincial and district levels.
🌐 本文件的社会影响
- Positive impact: Strengthening the effectiveness of state management, administrative reform, and improving work quality.
- Negative impact: May cause organizational machinery and personnel cost burdens for localities.
❓ 常见问题
How many Deputy Directors does a department have?
On average, each department has three Deputy Directors. Based on the number of departments established and the total number of Deputy Directors, the People's Committee at the provincial level makes specific decisions.
How many Deputy Division Chiefs does a specialized division under the People's Committee at the district level have?
On average, each division has two Deputy Division Chiefs. Based on the number of specialized divisions established and the total number of Deputy Division Chiefs, the People's Committee at the district level makes specific decisions.
Which departments are organized uniformly across localities?
Departments such as Home Affairs, Justice, Finance, Industry and Trade, Agriculture and Environment, Construction, Science and Technology, Culture, Sports and Tourism, Education and Training, Health are organized uniformly across localities.
What does the organizational structure of a department include?
The organizational structure of a department includes specialized divisions, inspection office (if any), office (if any), and equivalent inspection office.
What is the framework for the number of specialized agencies at the provincial level?
The framework for the number of provincial departments does not exceed fifteen in Hanoi and Ho Chi Minh City, fourteen in other provinces; the framework for the number of district divisions does not exceed ten.
全文
DECREE
REGULATIONS ON THE ORGANIZATION OF SPECIALIZED AGENCIES UNDER PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT AND DISTRICT, QUARTER, TOWN, AND CITY PEOPLE'S COMMITTEES UNDER PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT
Pursuant to the Government Organization Law on February 18, 2025;
Pursuant to the Law on Local Administration Organization dated February 19, 2025;
||| Based on the proposal of the Minister of Home Affairs;
The Government issues a Decree prescribing the organization of specialized agencies under provincial and municipal people's committees directly under the central government and district, quarter, town, and city people's committees under provincial and municipal people's committees directly under the central government.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decree prescribes the organization of specialized agencies under provincial and municipal people's committees directly under the central government (hereinafter referred to collectively as provincial level) and district, quarter, town, and city people's committees under provincial and municipal people's committees directly under the central government (hereinafter referred to collectively as district level).
2. This Decree applies to specialized agencies under provincial-level people's committees including departments and agencies equivalent to departments (hereinafter referred to collectively as departments); and specialized agencies under district-level people's committees including offices and agencies equivalent to offices (hereinafter referred to collectively as offices).
3. The following agencies are not subject to this Decree:
a) Industrial Park Management Boards, High-Tech Zone Management Boards, Economic Zone Management Boards, and other management boards with different names under provincial-level People's Committees;
b) Office of the Delegation of National Assembly Members and People's Council at the provincial level; public service units directly under provincial people's committees; public service units directly under district people's committees and organizations of central agencies established vertically in localities.
Article 2. Principles of Organization
1. Ensuring the full performance of the functions and tasks of state management of provincial and district-level people's committees and the unity, smoothness, and sectoral management from the central to the district level.
2. Streamlining, rationalizing, enhancing effectiveness, organizing multi-sectoral and multi-domain departments and offices; it is not necessary for there to be ministries or agencies at the central level if corresponding organizations are not established at the provincial and district levels.
3. Being consistent with the natural conditions, population, economic and social development situation of each locality and the requirements for administrative reform.
4. Not overlapping with the functions, tasks, and authorities of agencies and organizations of higher-level agencies located in the area.
Chapter II
REGULATIONS ON SPECIALIZED AGENCIES UNDER PROVINCIAL PEOPLE'S COMMITTEES
Article 3. Position and Functions of Departments
A department is a specialized agency under a provincial-level people's committee; it performs the function of advising and assisting the provincial-level people's committee in managing the state in its sector and field according to the provisions of the law at the local level.
Article 4. Tasks and Powers of Departments
1. Submit to the provincial People's Committee:
a) Draft resolutions of the provincial-level People's Council and draft decisions of the provincial-level People's Committee related to the sectors and fields within the scope of management of the department and other documents assigned by the provincial-level People's Committee;
b) Drafting plans for sectoral and field development; programs and measures to organize the implementation of tasks related to sectors and fields within the province's jurisdiction in the scope of management of the department;
c) Draft decisions specifying the functions, tasks, powers, and organizational structure of the department; draft decisions specifying the functions, tasks, powers, and organizational structure of the inspection bureau and public service units under the department (if any);
d) Drafting decisions to implement socialization of service provision activities in sectors and fields within the jurisdiction of provincial-level People's Committees.
2. Submitting draft documents within the authority to issue by the Chairman of the People's Committee of the provincial level as assigned.
3. Implementing regulatory legal documents, plans, and programs after approval; providing information, propaganda, guidance, dissemination, education, and monitoring the implementation of laws in the fields within the scope of state management assigned.
4. Implementing and being responsible for registering, issuing licenses, certificates, and qualifications within the scope of management of the specialized agency at the provincial level according to the provisions of the law.
5. Managing enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations within the scope of sectors and fields according to the law.
6. Managing the activities of public service units both inside and outside the public sector within the scope of sectors and fields.
7. Implementing international cooperation in sectors and fields managed according to the law.
8. Providing professional guidance and vocational training in the sectors and fields managed to specialized agencies under district-level people's committees and professional positions under commune, ward, and town people's committees.
9. Organizing research and application of scientific and technological progress and technology; building information and archival systems to serve state management and professional vocational work.
10. Inspecting and auditing according to the sectors and fields assigned responsibility towards organizations and individuals in implementing legal regulations; receiving citizens, handling complaints and denunciations, preventing corruption, waste, and negative practices according to the provisions of the law.
11. Specifying the functions, tasks, and powers of the office, inspection body (if any), and specialized vocational offices in accordance with the functions, tasks, and powers of the department.
12. Managing the organizational structure, civil servant establishment, classification of civil servant grades, job positions, staff structure by profession and number of personnel in public service units; implementing salary systems and incentive policies, training, commendation, and disciplinary measures for civil servants, public officials, and workers within the scope of management according to the provisions of the law.
13. Managing and being responsible for financial resources and assets allocated according to the law.
14. Implementing regular and ad hoc reporting on the implementation of assigned tasks to provincial-level People's Committees, ministries, and agencies equivalent to ministries.
15. Performing tasks according to the delegation and authorization and other tasks assigned by the provincial-level People's Committee according to the provisions of the law.
Article 5. Organizational structure of the department and criteria for establishing organizations under the department
1. The organizational structure of the department includes:
a) Specialized and professional departments;
b) Inspectorate (if any);
c) Office (if any);
d) District-level agency and equivalent organization (if any);
đ) Publicly funded institutions (if any).
2. Criteria for establishing specialized and professional departments under the department
a) Having functions and tasks to advise on state management in the industry and field within the functions and tasks of the department;
b) The workload requires a minimum of seven civil servant positions for rooms under the departments of Hanoi City and Ho Chi Minh City; a minimum of six civil servant positions for rooms under provincial departments of type I; a minimum of five civil servant positions for rooms under provincial departments of type II and type III.
3. Criteria for establishing the Office under the department shall be applied according to the provisions of point b, Clause 2 of this Article. In cases where the Office under the department is not established, a specialized room shall be assigned to perform the functions and tasks of the Office.
4. Criteria for establishing inspection units and equivalent organizations under the department (hereinafter referred to collectively as inspection units)
a) Having objects of management in the specialized industry and field within the functions and tasks of the department as prescribed by specialized laws;
b) Being delegated authority to decide on issues within the scope of state management in the specialized industry and field;
c) The workload requires at least 12 civil servant positions.
5. Criteria for establishing departments and equivalent units under inspection units under the department (hereinafter referred to collectively as departments under inspection units)
a) Having functions and tasks to advise on state management in the industry and field within the functions and tasks of the inspection unit or advising on internal administrative work of the inspection unit;
b) The workload requires at least 05 civil servant positions.
Article 6. Heads and deputy heads of the department and the number of deputy heads of organizational units under the department
1. Heads and deputy heads of the department
a) The head of the department under the People's Committee of the province (hereinafter referred to as the Director of the Department) shall be appointed by the Chairman of the People's Committee of the province, responsible before the People's Committee, the Chairman of the People's Committee of the province, and before the law for performing the functions, tasks, and powers of the department according to the Working Regulations and the assignment of the People's Committee of the province;
b) Deputy heads of the department under the People's Committee of the province (hereinafter referred to as Deputy Directors of the Department) shall be appointed by the Chairman of the People's Committee of the province upon the proposal of the Director of the Department, assisting the Director of the Department in carrying out specific tasks assigned by the Director of the Department and being responsible before the Director of the Department and before the law for performing the assigned tasks. When the Director of the Department is absent, a Deputy Director of the Department shall be authorized by the Director of the Department to replace the Director of the Department in managing the activities of the department. Deputy Directors of the Department shall not concurrently hold the position of head of an organization or unit under and directly subordinate to the department, except in cases provided for by law;
c) Number of Deputy Directors of the Department
On average, each department has three Deputy Directors. Based on the number of departments established and the total number of Deputy Directors, the People's Committee of the province shall decide specifically on the number of Deputy Directors for each department appropriately. For Hanoi City and Ho Chi Minh City, in addition to the total number of Deputy Directors stipulated by the general average, each city may increase by no more than ten Deputy Directors.
2. Number of Deputy Heads of specialized and professional departments under the department
a) Rooms under the departments of Hanoi City and Ho Chi Minh City with fewer than ten civil servant positions, rooms under the departments of provincial level I with fewer than nine civil servant positions, and rooms under the departments of provincial level II and III with fewer than eight civil servant positions shall be allocated one Deputy Room Head;
b) Rooms under the departments of Hanoi City and Ho Chi Minh City with from ten to fourteen civil servant positions, rooms under the departments of provincial level I with from nine to fourteen civil servant positions, and rooms under the departments of provincial level II and III with from eight to fourteen civil servant positions shall be allocated no more than two Deputy Room Heads;
c) A department under the department with fifteen civil servant positions or more shall be allocated no more than three Deputy Heads.
3. Number of Deputy Heads of the Department Inspectorate
a) The Department Inspectorate with fewer than eight civil servant positions shall be allocated one Deputy Head of the Department Inspectorate;
b) The Department Inspectorate with eight or more civil servant positions shall be allocated no more than two Deputy Heads of the Department Inspectorate.
4. The number of Deputy Heads of the Department Office shall be implemented according to the provisions of Clause 2 of this Article.
5. The number of Deputy Chiefs of District-level Agencies under the department
a) An inspection unit with one to three departments and equivalent units shall be allocated one Deputy Chief;
b) An inspection unit without departments or with four or more departments and equivalent units shall be allocated no more than two Deputy Chiefs.
6. The number of Deputy Heads of Rooms under district-level agencies under the department shall be applied according to the provisions of Clause 2 of this Article.
Article 7. Working regime of the department and responsibilities of the Department Director
1. The department under the provincial People's Committee operates under the head system and according to the Working Regulations of the provincial People's Committee, ensuring the principle of democratic centralism.
2. Based on legal provisions and the division of work by the provincial People's Committee, the Department Director promulgates the Working Regulations of the department and directs, supervises the implementation thereof.
3. The Director of the Department shall be responsible before the People's Committee, the Chairman of the People's Committee of the province for performing the state management functions, tasks, and powers regarding the sector and field at the local level and other tasks assigned or delegated by the People's Committee, the Chairman of the People's Committee of the province; shall not transfer work within their own responsibilities up to the People's Committee, the Chairman of the People's Committee of the province. For issues exceeding authority or within authority but lacking capability and conditions to resolve, the Director of the Department must proactively work with relevant Department Directors to complete the dossier for submission to the People's Committee, the Chairman of the People's Committee of the province for consideration and decision; shall practice thrift, combat waste, and bear responsibility for corruption, causing damage in the organizations and units under their management.
4. The Director of the Department shall have the responsibility to report to the People's Committee, the Chairman of the People's Committee of the province; ministries, ministerial-level agencies on the organizational activities of their own agencies; report work to the Provincial People's Council when requested; provide necessary documents according to the request of the Provincial People's Council; respond to citizens' petitions, questions from Provincial People's Council Deputies on matters within the scope of management; coordinate with other Department Directors, heads of political-social organizations, and related agencies in performing the tasks of the department.
5. The Director of the Department shall appoint, reappoint, extend the term of office of leadership positions, accept resignation, remove from office, transfer, rotate, reward, discipline, implement systems and policies for heads and deputy heads of subordinate and directly subordinate agencies and units according to regulations and personnel management levels of the locality.
Article 8. Departments organized uniformly in localities
1. Department of Home Affairs
Advise and assist the People's Committee of the province in performing state management functions regarding: Administrative organization, public service organizations; local administration, administrative unit boundaries; cadres, civil servants, officials, and public service; administrative reform; associations, non-governmental organizations; commendation and rewards; state archives; youth; labor, wages; employment; social insurance; occupational safety and health; persons with meritorious service; gender equality.
Advising and assisting the provincial People's Committee in performing state management functions concerning ethnic groups and beliefs, religions in cases where the Department of Ethnic Minorities and Religion is not established.
2. Department of Justice
Advise and assist the People's Committee of the province in performing state management functions regarding: Legal system construction and implementation work; monitoring the enforcement of laws; inspecting and handling normative legal documents; popularizing, educating about laws, grassroots mediation; household registration; nationality; adoption; lawyers, legal consultation; legal aid; notarization, certification; judicial appraisal; auction of assets; commercial arbitration; commercial mediation; bankruptcy administrators, asset management and liquidation enterprises and professional asset management and liquidation activities; notaries; registration of security measures; state compensation; legal system; management of law enforcement work on administrative violations and other judicial work as prescribed by law.
3. Department of Finance
Advise and assist the Provincial People's Committee in performing state management functions regarding: economic and social development strategies and plans; planning; investment (domestic investment, foreign investment in the locality); finance; state budget; borrowing and debt repayment of local authorities (domestic and foreign); foreign aid to Vietnam and Vietnam's aid to other countries; taxes, fees, charges, and other revenues of the state budget; public assets; non-budget state financial funds; independent accounting and auditing; prices and financial service activities at the local level as prescribed by law; bidding; enterprises; cooperative economy; and cooperative economic activities.
4. Department of Industry and Trade
Advise and assist the Provincial People's Committee in performing state management functions regarding industry and commerce, including sectors and fields: machinery; metallurgy; electricity; new energy; renewable energy; energy use efficiency; oil and gas; chemicals; industrial explosives; mining and mineral processing industries (excluding common construction materials and cement production); consumer goods industry; food industry; supporting industry; environmental industry; other processing industries; small-scale handicrafts; promoting small-scale industries; trade and commodity circulation on the territory; sustainable production and consumption; export and import; market management; border trade (for provinces with borders); logistics services; trade promotion; e-commerce; commercial services; competition management; consumer rights protection and management of multi-level marketing business activities; anti-dumping; international economic integration; industrial clusters within the territory.
5. Department of Agriculture and Environment
Advise and assist the Provincial People's Committee in performing state management functions regarding: agriculture; forestry; salt industry; fisheries; water conservancy; disaster prevention and control; poverty reduction; rural development; land; water resources; mineral resources and geology; environment; meteorology and hydrology; climate change; surveying and mapping; comprehensive and unified management of the sea and islands (for administrative units with seas and islands) as prescribed by law.
6. Department of Construction
Advise and assist the Provincial People's Committee in performing state management functions regarding: urban planning and architecture; construction investment activities; urban development; technical infrastructure for urban and rural areas (including: clean water supply (excluding rural clean water); drainage and wastewater treatment (excluding on-site wastewater treatment; drainage for agricultural production and salt production); urban parks and greenery; urban lighting; cemeteries (excluding martyrs' cemeteries) and cremation facilities; urban transportation infrastructure; underground space management; shared use of urban technical infrastructure and rural community infrastructure; housing; office buildings; real estate markets; building materials; road, railway, inland waterway transport; traffic safety (excluding driver licensing and issuance of motor vehicle driving licenses).
In Hanoi City and Ho Chi Minh City where there is a Department of Planning and Architecture, the advisory function regarding urban planning and architecture is performed by the Department of Planning and Architecture.
7. Department of Science and Technology
Advise and assist the Provincial People's Committee in performing state management functions regarding: science and technology; development of scientific and technological potential; standards, measurement, and quality; intellectual property; radiation and radioactive isotope application; radiation and nuclear safety; postal services; telecommunications; radio frequency spectrum; information and communication technology industry; digital technology industry; information and communication technology application (excluding information security and cyber security); electronic transactions; digital economy, digital society, and digital transformation; information and communication infrastructure.
8. Department of Culture, Sports and Tourism
Advise and assist the Provincial People's Committee in performing state management functions regarding: culture; family; physical education and sports; tourism; press; publishing, printing, and distribution; broadcasting and television; electronic information; news agency; grassroots information and external information; advertising; use of the National Flag, National Emblem, National Anthem, and portraits of President Ho Chi Minh.
For localities with a Tourism Department, the advisory and assistance function for state management over tourism shall be performed by the Tourism Department, and the Department of Culture, Sports and Tourism shall be renamed the Department of Culture and Sports.
9. Department of Education and Training
Advise and assist the Provincial People's Committee in performing state management functions regarding: Early childhood education; general education; vocational education and continuing education; higher education (if applicable).
10. Department of Health
Advise and assist the Provincial People's Committee in performing state management functions regarding: preventive health care; medical examination and treatment; functional recovery; medical, forensic, and forensic psychiatric examinations; traditional medicine; reproductive health; medical equipment; pharmaceuticals; cosmetics; food safety; health insurance; population; children; management and use of the Child Welfare Fund; social assistance; prevention and control of social evils (excluding drug rehabilitation and post-rehabilitation management).
11. Provincial Inspectorate
Advise and assist the Provincial People's Committee in performing state management functions and implementing inspection tasks, citizen reception, complaint and denunciation resolution, and anti-corruption, waste, and negative practices as prescribed by law.
12. People's Committee Office
Advise and assist the Provincial People's Committee regarding: work programs and plans of the People's Committee and the Chairman of the Provincial People's Committee; administrative procedure control; organization and implementation of the single window mechanism within the local authority's jurisdiction; organization, management, and publication of official information about the activities of the People's Committee and the Chairman of the Provincial People's Committee; serving as the portal for electronic information, connecting the administrative electronic information system to support leadership and directive work of the People's Committee and the Chairman of the Provincial People's Committee; management of the Official Gazette and support for joint activities of the Provincial People's Committee; assist the Chairman and Deputy Chairmen of the Provincial People's Committee in performing their duties and powers according to their authority; internal management work of the Office.
Advise and assist the Provincial People's Committee in performing state management functions regarding foreign affairs in cases where a Foreign Affairs Department is not established.
Article 9. Special Departments to be established in some localities
1. Department of Foreign Affairs
Advise and assist the Provincial People's Committee in performing state management functions regarding: foreign affairs work and national border management (for provinces with borders).
The Department of Foreign Affairs shall be established when meeting one of the following criteria:
a) Having an international land border checkpoint;
b) Having an international air checkpoint;
c) Having an international seaport;
d) Having 500 or more foreign direct investment projects (or having a total foreign direct investment capital of over 100,000 billion Vietnamese dong) operating in the locality, having over 4,000 foreigners currently residing and working in the locality, achieving an annual import and export turnover of 100,000 billion Vietnamese dong or more, and having signed international cooperation agreements with five or more localities.
For localities that do not establish a separate Department of Foreign Affairs, its functions and tasks shall be transferred to the Office of the People's Committee at the provincial level.
2. Department of Ethnic Minorities and Religion
Advising and assisting the People's Committee at the provincial level in performing state management functions regarding ethnic minorities and religious beliefs.
The Department of Ethnic Minorities and Religion shall be established when meeting all of the following criteria:
a) Having at least 20,000 ethnic minority people living concentrated in village communities;
b) Having at least 5,000 ethnic minority people requiring focused assistance and support for development from the State;
c) Having ethnic minority compatriots living in areas that are strategically important for national security and defense; interwoven agricultural and residential areas, or border areas where there are large numbers of ethnic minorities from both Vietnam and neighboring countries frequently crossing back and forth.
For localities that do not establish a separate Department of Ethnic Minorities and Religion, its functions and tasks shall be transferred to the Department of Home Affairs.
3. Department of Tourism
Advising and assisting the People's Committee at the provincial level in performing state management functions regarding the tourism sector.
The Department of Tourism shall be established when meeting all of the following criteria:
a) Possessing tangible cultural heritage recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as World Heritage Sites, or possessing outstanding tourism resources and potential (having national tourist resorts, national tourist spots, or large-scale, prominent tourist and leisure facilities).
b) The tourism industry being identified as a key economic sector in the socio-economic development orientation of the locality, contributing an economic value from tourism to the locality's Gross Domestic Product (GDP) of at least 10% annually for five consecutive years.
For localities that do not establish a separate Department of Tourism, its functions and tasks shall be merged and transferred to the Department of Culture and Sports, which will then be renamed the Department of Culture, Sports and Tourism.
4. Department of Planning and Architecture shall be established in Hanoi City and Ho Chi Minh City
Advising and assisting the People's Committee of the city in performing state management functions regarding construction planning and architecture.
In cases where Hanoi City and Ho Chi Minh City do not establish a separate Department of Planning and Architecture, its functions and tasks shall be merged and transferred to the Department of Construction.
Article 10. Framework for the number of departments under the People's Committee at the provincial level
The total number of departments established according to Article 8 and Article 9 of this Decree shall not exceed the maximum number of departments as follows:
1. For Hanoi City and Ho Chi Minh City, 15 departments may be organized. Hanoi City and Ho Chi Minh City shall decide on the establishment, reorganization, renaming, dissolution of departments, ensuring they are appropriate to the characteristics of the locality, the Law on the Capital, and related legal documents.
2. For other provinces and cities, no more than 14 departments may be organized.
Chapter III
PROVISIONS ON SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEE AT THE DISTRICT LEVEL
Article 11. Position and functions of the Department
1. The department is a specialized agency under the People's Committee at the district level; it performs the function of advising and assisting the People's Committee at the district level in managing state affairs in the relevant sectors and fields in accordance with the law.
2. Departments under the People's Committee at the district level are subject to the direction and management regarding organization, job positions, civil servant quotas, and civil service grade structure by the People's Committee at the district level, while also being subject to professional guidance and supervision by specialized agencies under the People's Committee at the provincial level.
Article 12. Tasks and powers of the Department
1. Submit to the People's Committee at the district level:
a) Draft resolutions of the People's Council at the district level (if applicable), draft decisions of the People's Committee at the district level related to the sectors and fields within the management scope of the department, and other documents assigned by the People's Committee at the district level;
b) Draft plans for developing sectors and fields; programs and measures to organize the implementation of tasks concerning sectors and fields within the district's jurisdiction managed by the department;
c) Drafting decisions specifying the functions, tasks, powers, and organizational structure of the Department.
2. Implement laws, plans, and approved programs; provide information, propaganda, dissemination, and education on laws related to the sectors and fields within the department's jurisdiction; monitor the enforcement of laws.
3. Assist the People's Committee at the district level in performing and bear responsibility for the examination, registration, and issuance of various types of permits within the scope of responsibilities and authority of the specialized agency as stipulated by law and assigned by the People's Committee at the district level.
4. Assist the People's Committee at the district level in managing state affairs concerning collective economic organizations, private enterprises, associations, and non-governmental organizations operating within the sectors and fields managed by the specialized agency as stipulated by law.
5. Provide professional guidance on the sectors and fields managed by the specialized agency to cadres and civil servants at the commune level.
6. Organize the application of scientific and technological advancements; build information and archival systems to serve state management and professional activities of the specialized agency at the district level.
7. Carry out regular and ad hoc reporting on the implementation of assigned tasks according to the regulations of the People's Committee at the district level and the provincial-level specialized agency.
8. Conduct inspections in the sectors and fields under their responsibility for organizations and individuals in implementing legal provisions; handle complaints and denunciations; prevent corruption and waste in accordance with the law and assignments from the People's Committee at the district level.
9. Manage organizational structures, job positions, civil servant quotas, salary systems, incentive policies, rewards, punishments, training, and professional development for civil servants within their jurisdiction as stipulated by law and assigned by the People's Committee at the district level.
10. Manage and be responsible for the financial and asset affairs of the specialized agency in accordance with the law.
11. Perform tasks according to delegated authority and other tasks assigned by the People's Committee at the district level in accordance with the law.
Article 13. Heads and deputies of rooms
1. The head of the specialized department under the People's Committee at the district level (hereinafter referred to as the Department Head) shall be appointed by the Chairman of the People's Committee at the district level, and shall be accountable to the People's Committee at the district level, the Chairman of the People's Committee at the district level, and the law for the performance of the department's functions, duties, and powers.
2. Deputy heads of the specialized department under the People's Committee at the district level (hereinafter referred to as Deputy Department Heads) assist the Department Head in directing certain aspects of work and are accountable to the Department Head for the tasks assigned to them. In the absence of the Department Head, a Deputy Department Head may be authorized by the Department Head to manage the department's operations.
3. Number of Deputy Department Heads: On average, each department has two Deputy Department Heads. Based on the number of specialized departments established and the total number of Deputy Department Heads, the People's Committee at the district level will determine the specific number of Deputy Department Heads for each specialized department appropriately.
4. Appointments, reappointments, extensions of term of office, resignation, dismissal, transfer, rotation, commendation, punishment, and implementation of policies and systems for Department Heads and Deputy Department Heads shall be decided by the Chairman of the People's Committee at the district level in accordance with the law.
Article 14. Working system and responsibilities of the Room Head
1. The specialized departments under the People's Committee at the district level operate under the head system and in accordance with the Working Regulations of the People's Committee at the district level; ensuring the principle of democratic centralism.
2. Based on the provisions of the law and the division of work by the People's Committee at the district level, the Head of the Department issues the Working Regulations of the department and directs, supervises the implementation thereof.
3. The Head of the Department is responsible to the People's Committee at the district level and the Chairman of the People's Committee at the district level for performing the functions, tasks, and state management powers over the sector and field in the locality and other tasks assigned or delegated by the People's Committee and the Chairman of the People's Committee at the district level; shall not transfer tasks within their duties to the People's Committee or the Chairman of the People's Committee at the district level. For matters exceeding their authority or within their authority but lacking the capacity and conditions to resolve, the Head of the Department must proactively work with relevant Heads of Departments to complete the dossier for submission to the People's Committee or the Chairman of the People's Committee at the district level for consideration and decision; practice thrift, combat waste, and bear responsibility for corruption and losses occurring in organizations and units under their management.
4. The Head of the Department has the responsibility to report to the People's Committee at the district level on the organization and operation of their agency; report work to competent authorities as prescribed.
Article 15. Specialized Departments are uniformly organized at the district level.
1. Civil Service Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Administrative organization, public service; local administration, administrative unit boundaries; civil servants, public officials, and civil service; administrative reform; associations, non-governmental organizations; commendation and reward; state archives; youth; labor, wages; employment; social insurance; occupational safety and health; war veterans; gender equality.
Performs the advisory function of state management regarding ethnic affairs and beliefs, religions in cases where there is no Ethnic and Religious Affairs Department established.
2. Justice Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Legal system construction and enforcement, legal supervision, inspection, and handling of regulatory documents, legal education and dissemination; grassroots mediation, legal aid, adoption, household registration, certification, management of administrative penalty enforcement activities, and other judicial tasks as prescribed by law.
3. Finance and Planning Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Finance; planning and investment; enterprises, cooperative economy; extra-budgetary state financial funds.
4. Education and Training Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Preschool education; general education (primary education and lower secondary education); vocational education, continuing education (if applicable).
5. Economic Infrastructure and Urban Development Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Construction planning, architecture; construction investment activities; urban development; urban technical infrastructure, industrial zones, economic zones, high-tech zones (including: urban and industrial zone water supply, drainage, urban lighting, urban greenery; cemetery management except for martyrs' cemeteries; underground urban construction management; common use of urban technical infrastructure); housing; office buildings; building materials; transportation; small-scale industries; industry; trade.
6. Culture, Science, and Information Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Culture; family; physical culture and sports; tourism; advertising; postal services; telecommunications; information technology (excluding information security and cyber security); broadcasting and television; press; publishing; grassroots information; foreign information; information infrastructure; science and technology; digital economy, digital society, and digital transformation.
7. Health Department
Advises and assists the People's Committee at the district level in performing state management functions regarding: Preventive healthcare; medical examination and treatment, rehabilitation; traditional medicine; reproductive health; medical equipment; pharmaceuticals; cosmetics; food safety; health insurance; population; social assistance; child protection and care; prevention and control of social evils (excluding drug rehabilitation and post-rehabilitation management).
In cases where a separate Health Department is not established, the advisory function of assisting the People's Committee at the district level in managing the health sector is carried out by the Office of the People's Council and People's Committee.
8. District Inspectorate
Advises and assists the People's Committee at the district level in performing state management functions and carrying out inspection tasks, receiving citizens, resolving complaints and denunciations, preventing and combating corruption, waste, and negative phenomena as prescribed by law.
9. Office of the People's Council and People's Committee
Advises and assists the People's Council and People's Committee at the district level regarding: Work programs and plans of the People's Council and People's Committee; advises the Chairman of the People's Committee at the district level; administrative procedure oversight; implementing the single window mechanism for administrative procedures within the jurisdiction of the locality; providing information to serve the management and operations of the People's Council, People's Committee, and local state agencies; ensuring material and technical facilities for the operations of the People's Council and People's Committee at the district level; assists the Chairman and Deputy Chairmen of the People's Committee at the district level in performing their tasks and powers within their authority; manages internal administrative work of the Office.
Performs the advisory function of state management regarding health in cases where the locality does not establish a Health Department.
For administrative units at the county level with national territorial borders on land, sea, and islands, the Office of the People's Council and People's Committee at the county level advises and assists the People's Committee at the county level in performing state management functions regarding foreign affairs and border issues.
For localities that do not organize a People's Council, the advisory and assistance function for the People's Council is omitted, and the name is changed to the Office of the People's Committee at the county level.
Article 16. Specialized departments at the county level
1. Department of Natural Resources and Environment in districts, towns, provincial cities, and centrally-administered municipalities.
Advises and assists the People's Committee of the district, town, provincial city, or centrally-administered municipality in performing state management functions concerning: Land; water resources; mineral resources; environment; sea and islands (for administrative units with sea and islands); disaster prevention and control; poverty reduction; and agricultural sector (if applicable).
For towns under provinces and centrally-administered municipalities, the locality decides whether to establish the Department of Natural Resources and Environment as specified in Clause 1 of this Article or the Department of Agriculture and Environment as specified in Clause 2 of this Article, ensuring suitability with the locality's characteristics.
2. Department of Agriculture and Environment in counties
Advises and assists the People's Committee of the county in performing state management functions concerning: Land; water resources; mineral resources; environment; sea and islands (for administrative units with sea and islands); agriculture; forestry; salt production; irrigation; fisheries; rural development; disaster prevention and control; poverty reduction; food quality and safety for agricultural, forest, fishery, and salt products; household economic development, rural farmstead economy, and cooperative economy in agriculture, forestry, fishing, and salt production linked to rural trades and crafts.
3. Department of Ethnic Minorities and Religion
Advises and assists the People's Committee at the county level in performing state management functions concerning ethnic minorities and religious beliefs.
The Department of Ethnic Minorities and Religion shall be established when the following criteria are met:
a) There are at least 5,000 ethnic minority people who need concentrated support and assistance from the State for development;
b) There are ethnic minority residents living in areas critical for security and defense; areas with intercropping and inter-residence; border areas where there are many ethnic minority people from both our country and neighboring countries frequently crossing back and forth.
For localities that do not separately organize the Department of Ethnic Minorities and Religion, its functions and tasks shall be merged and transferred to the Civil Service Department.
4. Specialized agencies in island counties
Based on the specific conditions of each island county, the People's Committee of the county shall submit to the same-level People's Council for decision on the number and names of specialized departments under the People's Committee of the island county, ensuring that it does not exceed ten departments.
Article 17. Framework for the Number of Departments Under County People's Committees
Based on the provisions of Articles 15 and 16 of this Decree and the requirements of state management over sectors and fields, the locality shall decide on the establishment of departments accordingly, ensuring that it does not exceed ten departments.
Chapter IV
RESPONSIBILITIES OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, AND PROVINCIAL AND COUNTY PEOPLE'S COMMITTEES
Article 18. The Minister of Home Affairs
1. Submit to the Government for approval the framework on standards for leadership and management positions at the provincial department level, sub-department level, department level under provincial departments, and department level under sub-departments under provincial departments, and department level under district People's Committees.
2. Coordinate with sectoral ministries and agencies to guide the functions, tasks, and authorities of specialized agencies under provincial and district People's Committees.
3. Consolidate and monitor the restructuring and organizational structure of specialized agencies under provincial and district People's Committees.
4. Inspect, investigate, handle complaints and denunciations within their authority.
Article 19. Ministers, Heads of Ministries Equivalent to Ministries
1. Direct, guide, and inspect professional matters concerning departments within their industry and sector.
2. Guide the functions, tasks, and authorities according to sectors and fields under their management for specialized agencies under provincial and district People's Committees.
3. Guide the functions, tasks, powers, and organizational structure of public service units within their industry and sector in the locality according to the relevant laws.
4. Inspect, investigate, handle complaints and denunciations within their authority.
Article 20. Provincial People's Committee
1. Specify the functions, tasks, and authorities of each department in accordance with the guidance of the sectoral ministry or agency; decide the organizational structure and number of Deputy Directors of each department in accordance with the requirements of state management over sectors and fields at the local level and the criteria stipulated in this Decree.
2. Specify the functions, tasks, powers, and organizational structure of sub-departments and public service units under the departments according to this Decree, except where otherwise provided by specific laws.
3. Decide on the establishment, reorganization, dissolution of public service units under departments in accordance with the provisions of the law, ensuring consistency with the planning of public service units' network in sectors and fields approved by the competent authority, guidance from the sectoral ministry or agency, and the Ministry of Home Affairs.
4. Delegate responsibilities and authorize the implementation of one or more tasks and powers within the province-level People's Committee's jurisdiction according to the law.
5. Based on the framework set by the Government and upon the proposal of the Director of the Department of Home Affairs, specify the standards for leadership and management positions at the provincial department level, sub-department level under provincial departments, department level (equivalent organization) under provincial departments, and department level under district People's Committees, ensuring consistency with the characteristics of the locality and not being lower than the framework set by the Government.
6. Annually report to the Provincial People's Council, the Ministry of Home Affairs, and the sectoral ministry or agency on the organizational structure and activities of specialized agencies under provincial and district People's Committees.
7. Specifically guide the functions, tasks, and authorities of specialized departments under district People's Committees in accordance with this Decree and other relevant laws.
Article 21. Chairman of the Provincial People's Committee
1. Lead and direct departments to perform their assigned functions and tasks.
2. Appoint, reappoint, extend the term of office for leadership and management positions, accept resignation, dismiss, transfer, promote, discipline, and implement systems and policies for Department Directors and Deputy Directors in accordance with the regulations of the Party and the law.
3. Define the functions, tasks, authorities, and organizational structure of public service units under departments in accordance with specialized laws and public service units under district-level agencies under departments.
4. Inspect, investigate, handle complaints and denunciations within their authority.
Article 22. District People's Committee
1. Specify the functions, tasks, and authorities of specialized departments in accordance with the guidance of the sectoral ministry or agency and other related documents.
2. Decide on the specific number of Deputy Heads of each specialized department in accordance with this Decree.
3. Delegate authority to implement one or more tasks and powers within the authority of the District People's Committee in accordance with the law.
4. Annually report to the District People's Council (if any) and the Provincial People's Committee on the organizational structure and activities of specialized departments.
Article 23. Chairman of the District People's Committee
1. Lead and direct specialized offices to perform their assigned functions and tasks.
2. Appoint, reappoint, extend the term of office for leadership and management positions, accept resignation, dismiss, transfer, promote, discipline, and implement systems and policies for Department Heads and Deputy Heads of specialized departments and equivalent positions in accordance with the regulations of the Party and the law.
3. Inspect, investigate, handle complaints and denunciations within their authority.
Chapter V
IMPLEMENTING PROVISIONS
Article 24. Transitional Provisions
1. For matters involving the transfer of functions and tasks between agencies related to administrative procedures, the following principles shall be followed:
a) In cases where organizations or individuals have submitted applications before the effective date of this Decree, they shall continue to follow the relevant legal provisions;
b) Cases that have been reviewed, approved, certified, licensed, or certified before the effective date of this Decree shall continue to be valid based on the documents issued by the competent state authority, and if they have a validity period, they shall remain valid until the end of such period. If there is a need to amend, supplement, adjust, renew, revoke, or recover them, it shall be carried out in accordance with the division of responsibilities stipulated in this Decree and related provisions.
2. When restructuring the state apparatus and the number of deputy heads exceeds the maximum allowed by law, the number of deputy heads must comply with the legal provisions within five years from the effective date of the decision on restructuring the organizational structure made by the competent authority.
3. In cases where the competent authority decides to reorganize the system of local inspection agencies and specialized inspection agencies, the inspection agencies shall operate in accordance with the law on inspections and the framework of the number of specialized agencies under provincial and district People's Committees stipulated in this Decree shall be adjusted accordingly.
Article 25. Effective Date
This Decree takes effect from March 1, 2025, replacing Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial people's committees and centrally-administered city people's committees, Decree No. 107/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 24/2014/NĐ-CP, Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under district, town, and provincial city people's committees, and Decree No. 108/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP.
Article 26. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Chairmen of People's Councils, and Chairmen of provincial and central city People's Committees are responsible for implementing this Decree.
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