Decree No. 47/2019/ND-CP amending and supplementing some articles of Decree No. 10/2016/ND-CP dated February 1, 2016, of the Government on agencies under the Government.

DECREE

Amending and supplementing some articles of Decree No. 10/2016/NĐ-CP dated February 1, 2016 of the Government on agencies under the Government at the proposal of the Ministry of Home Affairs

The Government promulgates this Decree amending and supplementing some articles of Decree No. 10/2016/NĐ-CP dated February 1, 2016 of the Government on agencies under the Government

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Article 1. Amending and supplementing some articles of Decree No. 10/2016/NĐ-CP dated February 1, 2016 of the Government on agencies under the Government

1. Amending and supplementing Clause 6 of Article 3 as follows:

"6. Regarding organizational structure, civil servants, public officials, and employees

a) Proposing to the Government the functions, tasks, powers, and organizational structure of agencies under the Government for approval by the Government;

b) Specifying the functions, tasks, powers, organizational structure, and working relationships of organizations and units within the organizational structure of agencies under the Government;

c) Submitting to the Prime Minister for appointment, dismissal, and removal from office of deputy heads of agencies under the Government;

d) Appointing, dismissing, disciplining heads and deputies of organizations and units within the organizational structure of agencies under the Government in accordance with the law; specifying the authority and responsibility of heads of organizations and units within the organizational structure of agencies under the Government;

đ) Managing civil servants, public officials, and employees in agencies, organizations, and units within the organizational structure of agencies under the Government in accordance with the law;

e) Deciding and implementing specific measures to strengthen administrative discipline against cadres, civil servants, public officials, and employees within its jurisdiction; preventing corruption, waste, bureaucracy, arrogance, and favoritism in the operation of agencies;

g) Implementing training, recruitment, employment, transfer, retirement, commendation, punishment, and other systems for civil servants, public officials, and employees within its management jurisdiction in accordance with the law;

h) Inspecting compliance with policies, laws, and assigned tasks by civil servants, public officials, and employees within its management jurisdiction; resolving complaints and petitions related to civil servants, public officials, and employees within its management jurisdiction in accordance with the law;

i) Implementing autonomy mechanisms in accordance with the law."

2. Amending and supplementing Clause 4 as follows:

"1. Organizational structure includes:

a) Department;

b) Office;

c) Affiliated public service organization (if any).

2. Departments operate under a chief executive system and do not have their own seals. A department shall be established only when there is a workload requiring at least 15 people to work as civil servants or public officials.

3. The Office has its own seal.

4. Departments and Offices may establish divisions or equivalent organizations (hereinafter referred to as divisions). The number of divisions within Departments and Offices shall be specifically stipulated in the Decree detailing the functions, tasks, powers, and organizational structures of each agency under the Government.

5. In special cases, if affiliated organizations have different names, the Government will consider and decide accordingly to suit the functions and tasks of each agency under the Government.

6. The number of deputy heads of organizations and units specified in Clause 1 of this Article is as follows:

a) Departments and Offices with 15 to 20 people working as civil servants or public officials shall be allocated no more than two deputy heads; those with more than 20 people working as civil servants or public officials shall be allocated no more than three deputy heads;

b) Public service organizations that self-finance part of their regular expenses and public service organizations fully financed by the state budget with up to 20 people working as civil servants or public officials shall be allocated no more than two deputy heads; those with more than 20 people working as civil servants or public officials shall be allocated no more than three deputy heads;

c) Public service organizations that self-finance all regular expenses and investment costs, the number of deputy heads shall be implemented according to the self-management plan of the organization approved by the competent authority.

7. Criteria for establishing divisions within Departments and Offices

a) The work or field managed by the division must involve multiple areas of work and have separate management procedures according to the requirements of the management object;

b) The workload requires at least seven people working as public officials.

For government agencies that self-finance regular expenses and investment costs and operate under a business mechanism, the minimum number of people working in a division includes public officials and professionals employed under a labor contract in accordance with the self-management mechanism.

8. The number of deputy heads of divisions within Departments and Offices

Divisions with seven to nine people working as public officials shall be allocated one Deputy Head; those with ten or more people working as public officials shall be allocated no more than two Deputy Heads".

3. Amending and supplementing Clause 3 of Article 5 as follows:

"3. The number of deputy heads of agencies under the Government shall not exceed four persons".

Article 2. Effectiveness and Implementation

1. This Decree takes effect from July 20, 2019.

2. In cases where restructuring and streamlining organizational structures increase the number of deputy heads of agencies, organizations, and units beyond the provisions of this Decree, such agencies under the Government must complete the restructuring and allocation of positions to reduce the number of deputy heads to comply with the provisions of this Decree by the end of 2020.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.