Decree No. 55/2012/ND-CP on the establishment, restructuring, and dissolution of public service units

DECREE

Article 24Provisions on the establishment, restructuring, and dissolution of public service units

___________________________

WHEREAS,ứ Law TGovernment organizationy December 25,amend2001;

Pursuant to the Law Veffective date 1May 5, 11 in 2010;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on Ministerial resolution;

The Government issues a Decree stipulating the establishment and organization lgiải thể, giải quyết;development The Minister of Home Affairs issues this Circular to provide guidelines on the establishment and operations of Management Boards in public service units. lthe dossier in accordance with Clause 1 of this Article and submit to the State Bank;,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

APPLICATION đthis Decree stipulates conditions,ìprocedures, andrime Minister cpowers fortoestablishing,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Decree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;development reorganizing public service units; classifyingopublic service units.ngThis Decree applies to the following

a) National centralized procurement unit: A centralized procurement unit under the Ministry of Finance to perform the task of centralized procurement of assets within the national centralized procurement list (excluding medicines for human disease prevention and treatment, abbreviated as medicines);nationalThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

1. public service units: 2. Provincial People's Committees and centrally administered city people's committees shall be responsible for: Public service units under Ministries, agencies at the level of Ministries, and agencies under the Government;

a) Public service units under organizations established by the Government

b) 3. Amend Clause 3 Article 2 as follows:N ||| declaration of customs import procedures. that are not public service units;t TPublic service units under the Hanoi National University, Ho Chi Minh City National University;, Public service units under provincial People's Committees;

c) 3. Amend Clause 3 Article 2 as follows:oPublic service units under specialized agencies under

d) 3. Amend Clause 3 Article 2 as follows:N ||| declaration of customs import procedures. that are not public service units;t Tprovincial People's Committees; DECREES:e) Public service units under district-level People's Committees, town People's Committees, and city People's Committees under provinces (hereinafter collectively referred to as district level).无效2. This Decree does not apply to the following public service units:

đ) Implementation in the preceding year that are not public service units;t TAgencies under the Government; DECREES:Public service units under state-owned enterprises;

Public service units under organizations of political, social, political-social organizations,

professional associations, lsocial organizations.

a) Article 3. Conditions for establishment, restructuring, and dissolution

b) Conditions for establishing public service units

c) specific provisions onứobjectives, functions, - tasks;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Compliance with the planning of the network of public service units already approved by the competent authority (if applicable);đượ Having a workplace or, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP a land development plan for the office building alreadyđượ approved by the competent authority (in case of constructing a new office building); necessary initial equipment; human resources and operating funds as prescribed byon law., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Conditions for restructuring public service units

Implement adjustments to the functions, tasks, and authorities of public service units

1. Compliance with the planning of the organizational network of public service units already approved by the competent authority (as applicable);

a) Verify đConditions for dissolving public service unitsdevelopment Dissolution of public service units shall be carried out when one of the following conditions is met:amendNo longer having functions or tasks;

b) Authority to establish;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP c QuứReorganization plans for public service unitsrime Minister cbeing unsuitable with the approved planning.

c) Article 4. Classification of public service unitsin The classification of public service units is based on the following grounds: đThe industry and field of activity of public service units; đFunctions, tasks serving state management or performing assigned tasks and providing public services by public service units;Deputy ministers of ministerial-level agencies,Characteristics and special features regarding professional expertise of public service units;

2. Operation mechanisms of public service units.

a) Based on the provisions of Clause 1 of this Article, the Minister, Deputy Ministers of agencies at the level of Ministries shall specify detailed criteria for classifying public service units in accordance with the management requirements of the industry, field, and relevant laws. lautonomy of public service units with establishment in the field of economic services and other services;

b) PROCEDURES AND PROCEDURES FOR ESTABLISHING, RESTRUCTURING, AND DISSOLUTIONrime Minister cm provisiononArticle 5. Proposal for establishmentpoliciesbased on Decreeshall).

3. The proposal for establishing a public service unit is prepared by the agency proposing the establishment of the public service unit and submitted to the competent authority or person with the authority to examine and decide on establishment.

Contents of the Proposal, includingdevelopment Necessity and legal basis;

a) No longer has functions, tasks;

b) It does not rectify the causes leading to suspension within the prescribed period.rime Minister cright to establish;

c) At the request of the competent state management agency.ầreorganization of public service units;development appropriate;nationalwith the approved master plan;ới t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP c QuứReorganization plans for public service unitsrime Minister cm provisiononapproved.

Article 4. Classification of Public Service Units

1. The classification of public service units is based on the following grounds:

a) Industry, field of operation of public service units;

b) Function, mission serving state management or performing assigned tasks and providing public services of public service units;amendNature, characteristics about professional and vocational aspects of public service units;Deputy ministers of ministerial-level agencies,Mechanism of operation of public service units.

c) Based on the provisions of Clause 1 of this Article, the Minister, Head of the equivalent agency shall specify detailed criteria for classifying public service units in accordance with the management requirements of the industry, field and specialized laws.developmentPROCEDURES FOR ESTABLISHING, REORGANIZING, AND DISSOLVING

d) Article 5. Establishment Plan

2. The establishment plan of public service units is developed by the agency proposing the establishment of public service units and submitted to the competent authority or person with the right to examine and decide on establishment;n lContent of the Plan includes necessity and legal basis;Deputy ministers of ministerial-level agencies, assessment results, opinions from relevant agencies, organizations, and other related documents;o Draft decision on establishing public service units that have been completed in terms of content and form.development Article 9. Procedure for Sending and Receiving Establishment Filesn lThe agency or organization proposing establishment sends the establishment file of public service units in one set to the competent agency for review as stipulated in Article 11 of this Decree; for related agencies for coordination or information, only the names of these agencies are recorded in the recipient section of the letter or proposal for establishment.

Chapter II

 The agency or organization receiving the establishment file of public service units must prepare a list of files to be processed according to regulations.

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ESTABLISHMENT

The submitted file is the original signed and stamped by the proposing agency or organization and other related documents as prescribed in Article 8 of this Decree.

1. 3. Amend Clause 3 Article 2 as follows:on Article 10. Processing of Establishment Filesrime Minister cThe agency or organization receiving files according to its function and authority is responsible for processing establishment files of public service units in accordance with the working regulations of the agency to review and submit to the competent authority or person with the right to decide on establishment according to the law.t T.

2. For unclear issues or differing opinions, the reviewing agency or organization may request the proposing agency or organization to provide additional explanations or authorize the person with the right to decide on establishment to convene meetings with the proposing agency and related agencies to clarify and report back to the competent authority or person with the right to decide.ồ- FTTH terminal devices

a) The reviewing agency or organization takes the lead in coordinating with the proposing agency to complete the files and procedures as prescribed and submit to the competent authority or person with the right to establish public service units.in d) Draft decision on establishing public service units, draft charter on organization and operation of public service units.

b) Objectives, scope of activities, name of the organization;

c) Type of public service unit;

d) Position, functions, tasks and powers;

d) Organizational structure (if applicable);ớ);

e) Financial mechanism, operational mechanism;policies Human resources plan, number of staff by position, operating budget, office location and necessary equipment to ensure the operation of the public service unit after establishment;

g) Organization plan and implementation roadmap for the public service unit's activities;

h)||| Suggestions from the agency proposing the establishment of the public service unit (if any);developmentImplementation of other contents as prescribed by specialized laws and guidelines of the managing sector or field;

i) quuestionnaire for establishing the public service unit;policies);

k) Other contents as prescribed by law and guidelines of the managing sector or field;Deputy ministers of ministerial-level agencies,);n l);

Article 6. Proposal for Establishment

1. The proposal for establishment of a public service unit shall be prepared by the agency proposing its establishment to submit to the competent authority for decision on establishment;t T.

2. Contents of the proposal include:

a) QuJune 2024; process of developing the project;

b) Main contents of the project;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Issues with differing opinions and related issues;

c) The proposal for establishment must be signed by the head of the agency proposing the establishment and submitted to the competent level; đArticle 7. Soliciting Opinions from Relevant Agencies and Organizations

3. The agency proposing the establishment of a public service unit must send the establishment project to relevant agencies and organizations as prescribed by law and according to working regulations for soliciting opinions in writing regarding the establishment of the public service unit;shall ENVIRONMENTrime Minister chaving such authority.

Article 8. Establishment Documents

Review documents:êProject for establishing a public service unit;uRequest letter, proposal for establishment, draft decision on establishment, draft organizational charter and operational procedures of the public service unit, and other related documents (land papers, budget, human resources);development Written opinions of relevant agencies on the establishment of the public service unit;n l2. Documents submitted to the competent authority for decision on establishment: organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Establishment đReview results, written comments from agencies and organizations, and other related documents; lDraft decision on establishment of the public service unit completed in terms of content and form;

Article 9. Procedure for Submitting and Receiving Establishment Documents

1. The agency or organization proposing the establishment of a public service unit shall submit the establishment documents of the public service unit in one set to the reviewing agency as stipulated in Article 11 of this Decree for review; for relevant agencies for coordination or information, only the names of these agencies shall be listed in the recipient section of the letter or proposal for establishment;

a) 3. Amend Clause 3 Article 2 as follows:on The agency or organization receiving the establishment documents of the public service unit shall prepare a list of documents for processing and handling according to regulations;

b) The submitted documents are the original documents signed and stamped by the proposing agency and other related documents as prescribed in Article 8 of this Decree;n lArticle 10. Handling of Establishment Documents đThe agency or organization receiving the documents according to their functions and responsibilities shall handle the establishment documents of the public service unit according to the working regulations of the agency for review and submission to the competent authority for decision on establishment as prescribed by law; đFor unclear issues or differing opinions, the reviewing agency may request the proposing agency to provide additional explanations in writing or through the authorization of the decision-making authority to convene meetings with the proposing agency and related agencies to clarify and report back to the competent authority;

c) The reviewing agency shall coordinate with the proposing agency to complete the documents and procedures as prescribed and submit them to the competent authority for establishment;logop

d) Dự thảo Quyết định thành lập Trung tâm hoặc dự thảo Quyết định cho phép thành lập Trung tâm đã được hoàn chỉnh về nội dung và thể thức.

ublic service unit;o );

a) Vamendnn lIn case the decision on establishing public service units is a regulatory legal document, the review process must also comply with the legal provisions on issuing regulatory legal documents.amendDecision on establishment

b) The competent authority or person with the right to decide bases the decision on the establishment proposal, review document, and decides on the establishment of public service units.on The form of the establishment document of public service units must be appropriate to the authority of the competent authority or person with the right to decide on establishment and the provisions of other related regulatory legal documents.development Article 13. Time Limit for Handling Establishment Matters

Within fifteen working days from the date of receipt of complete and valid files (in accordance with procedures), the reviewing agency or organization must issue a review document.t TWithin twenty working days from the date of issuance of the review document by the reviewing agency or organization, the competent authority or person with the right to decide shall issue the establishment decision. If the competent authority or person with the right to decide disagrees with the establishment of public service units, they shall notify the proposing agency in writing.

1. Article 14. Plan and Proposal for Reorganization and Dissolutiontoealth lContents of the plan and proposal for reorganization and dissolution of public service units include:ngenergy lNecessity and legal basis for reorganization and dissolution;policiesSolutions to personnel, organizational structure, financial, property, land, and other related issues;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Documents from authorized agencies confirming financial status, assets, land, loans, debts, and other related matters (if any).development Provisions on the responsibility of the head of the public service unit and related individuals for implementing the reorganization and dissolution plans and deadlines.Deputy ministers of ministerial-level agencies,Procedures and formalities for reorganization and dissolution of public service units are carried out similarly to those for establishing public service units.

2. Article 18. Authority of the Minister, Head of Equivalent Agency For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Proposing to the Prime Minister to approve the planning of the network of public service units under their jurisdiction and organizing implementation upon approval by the Prime Minister. monitor duringJune 2024; Establishing, reorganizing, and dissolving public service units within agencies and organizations under their jurisdiction. lpursuant to stipulating.

3. The submitted file is a documentn lsigned and stamped by the agency or organization proposing establishment and other related documents as prescribed in Article 8 of this Decree.

Article 10. Handling of establishment files

1. Agencies and organizations receivingFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. files according to their functionsamendoicesrime Minister chave the responsibility tođổ process establishmentt Tof public service units in accordance with the operational regulations of the agency to review and submit to the competent authority for decision on establishing public service units as prescribed by law.

2. For issues that are unclear or have differing opinions,ì the reviewing agencies or organizations shall requestầthe proposing agency or organization to provide quan explanations regarding the establishment of public service unitst Tsession number to seize, supplementary information or, at the discretion of the authorized person to decide on the establishment of public service units,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP convene meetings with the agency submitting the proposal and relevant agencies to clarify and report back to the competent authority for decision.onAgencies and organizations conducting reviews shall take the lead in coordinating with the proposing agency or organization to complete, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP the files and procedures as prescribed and submit them to the competent authority for decision.

3. Decision on establishment of public service units,rime Minister cd) Draft decision on establishment of public service units, draft organizational and operational regulations of public service units,of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsIn cases where the decision on establishment of public service units is a regulatory legal document,ồ the review must also complydevelopment with the provisions of the law on promulgating regulatory legal documents.rime Minister cm provisiononFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. ||| Total number of subjects who have completed execution of the decision Decision on establishmentngThis Decree applies to the following

Article 11. Examination for Establishment

1. Examination Authorities and Organizations:

a) The Ministry of Home Affairs is the authority responsible for examination of public service units under the establishment decision-making authority of the Prime Minister;rime Minister cThe Cadre and Civil Service Department or the Cadre Organization Board is the organization responsible for examination of public service units under the establishment decision-making authority of the Minister, Head of a ministry at the level of a ministerial department, or Head of a government agency;

b) The Department of Home Affairs is the authority responsible for examination of public service units under the establishment decision-making authority of the People's Committee of a province or centrally governed city;No.the following subjects receiving salaries and allowances in public institutions under the Party, State, political-social organizations, and social organizations.N ||| declaration of customs import procedures. The Civil Service Office is the organization responsible for examination of public service units under the establishment decision-making authority of the People's Committee of a district, town, or city under a province;rime Minister cd) For public service units established according to the provisions of specialized laws, the examination authority shall be as prescribed by such laws.

c) Content of Examination:oThe necessity and legal basis for establishing public service units; lObjectives, scope of objects, name, legal status, functions, tasks, and powers; organizational structure; financial mechanism of public service units; DECREES:Conditions ensuring operation for public service units upon establishment;

d) Feasibility of establishing public service units;đượd) Draft decision on establishment of public service units, draft regulations on organization and operation of public service units.无效c) Supplementing point c of Clause 3 as follows:

In cases where the decision on establishment of public service units is a regulatory legal document, the examination must also comply with the provisions of the law on promulgating regulatory legal documents.ngDecision on EstablishmentThe authority or person having the decision-making authority for establishment shall base their decision on the proposal for establishment and the examination report to decide on the establishment of public service units. The form of the establishment document for public service units must be appropriate to the decision-making authority of the authority or person having the decision-making authority to establish public service units and the provisions of other relevant regulatory legal documents.

2. Article 13. Time Limit for Processing Establishment Mattersrime Minister cWithin 15 (fifteen) working days from the date of receiving complete files (in accordance with procedures), the examination authority or organization must issue a report.

a) Within 20 (twenty) working days from the date the examination authority or organization issues the examination report, the authority or person having the decision-making authority shall issue the establishment decision. If the authority or person having the decision-making authority does not agree with the establishment of the public service unit, they shall notify the authority proposing the establishment of the public service unit in writing.o Article 14. Proposal for Reorganization or DissolutionN ||| declaration of customs import procedures. Contents of the proposal for reorganization or dissolution include:

b) The necessity and legal basis for reorganization or dissolution;

c) Solutions for personnel, organizational structure, finance, assets, land, and other related issues;organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. Documents issued by authorized agencies confirming financial, asset, land, loan, debt, and other related matters (if any).t Tp;

d) Regulations on the responsibility of the head of the public service unit and related individuals for implementing the reorganization or dissolution plan and deadlines for handling.n l Procedures and formalities for reorganization or dissolution of public service units shall be carried out similarly to those for establishment of public service units.t Tp;

The competent authority or person witht Tauthority to decide on establishment shall base their decision on the establishment proposal document, the review document,t T.

3. and make a decision on the establishment of public service units.t TThe form of the establishment document for public service units must be appropriate to the authority of the competent authority or person withrime Minister cauthority to decide on establishment and the provisions of other relevant regulatory legal documents.Deputy ministers of ministerial-level agencies, Article 13. Time limit for handling establishment matters

Article 12. Article 24Within 15 (fifteen) working days from the date of receipt of complete and valid files (in accordance with procedures),

1. the reviewing agency or organization must issue a review document.rime Minister cWithin 20 (twenty) working days from the date the reviewing agency or organization issues the review document,t Tuse of professional funds, equipment,amendthe competent authority or person withon authority to decide shall issue the establishment decision. In cases where the competent authority or person withrime Minister cauthority does not agree with the establishment of public service units, they shall notifydevelopment the proposing agency or organization in writing.t TArticle 14. Proposals and reports on restructuring and dissolution

2. . Contents of proposals and reports on restructuring and dissolution include:n lThe necessity and legal basis for restructuring and dissolution;rime Minister cPlans for handling personnel, organizational structure, finance, assets, land, and other related issues;

Documents confirming financial status, assets, land, loans, debts, and other related issues (if applicable) issued by the competent authority;

1. Regulations on the responsibilities of the heads of public service units and related individuals for implementing the plans for restructuring and dissolution and deadlines for handling.amendProcedures and formalities for restructuring and dissolution of public service units shall be carried out similarly to those for establishing public service units. ldissolution of public service units., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP c Quứfrom the date of receipt of complete and valid files (in accordance with procedures),n l195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on Publishingrime Minister cb) Agencies assigned by Ministries and equivalent ministries to review environmental impact assessment reports and detailed environmental protection plans.

2. from the date the reviewing agency or organization issues the review document,This Resolution takes effect from the date it is adopted by the National Assembly.the competent authority or person withrime Minister cauthority to decide shall issue the establishment decision. For public service units under ministries, ministerial-level agencies, and government agencies (excluding public service units specified in the Decree stipulating the functions, tasks, powers, and organizational structures of ministries, ministerial-level agencies, and government agencies);nationalpublic service units directly under general bureaus and equivalent organizations;rime Minister cpublic service units under organizations established by the Government or Prime Minister but not as public service units;logopublic service units under Hanoi National University and Ho Chi Minh City National University;t Tpublic service units under provincial organizations.õ reasons.

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REORGANIZATION, DISSOLUTION

Decisions on establishment, restructuring, and dissolution of public service units shall be made in accordance with specialized laws. again|resolution;development concerning the financial autonomy mechanism for public service units

1Article 18. Authority of Ministers and Heads of Ministerial-Level Agenciesto Submitting to the Prime Minister for approval the planning of the network of public service units in their respective sectors and organizing its implementation upon||| meteorological and hydrological works pursuant to the Ordinance on Meteorology and Hydrology dated December 2, 1994;ealth approval by the Prime Minister. public service units in their respective sectors.development Deciding on the establishment, restructuring, and dissolution of public service units within agencies and organizations under their jurisdiction,

a) and reporting to the Prime Minister.Deputy ministers of ministerial-level agencies,01/2012, but which have not yet been decided on establishment, restructuring, or dissolution by the competent authority,

b) shall continue to be implemented in accordance with the provisions of Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on the procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-owned public service units.đổ This Decree takes effect from August 15, 2012.

c) Abolishing the provisions on the establishment, restructuring, and dissolution of state-owned public service units in Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on the procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-owned public service units, and any previous provisions contrary to this Decree.n lMinisters, Heads of Ministerial-Level Agencies, Heads of Government Agencies, Heads of Agencies Established by the Government or Prime Minister, Chairpersons of People's Committees of Provinces and Cities Under Central Administration, and Relevant Agencies and Organizations are responsible for implementing this Decree./.

d) Quy định trách nhiệm của người đứng đầu đơn vị sự nghiệp công lập và các cá nhân có liên quan đối với việc thực hiện phưN ||| declaration of customs import procedures.g án organization chức lại, gin lName of supervisor conducting supervision/Positiondevelopment The Minister of Home Affairs issues this Circular to provide guidelines on the establishment and operations of Management Boards in public service units. lập và thời hạn xử lý.

2. Trình tự, thủ tục tổ chức lại, giải thdevelopment đơn vị sự nghiệp công lập thực hiện như đối với việc thành lập đon vị sự nghiệp công lập.

Article 15. Documents for restructuring and dissolution of public service units For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.Documents for restructuring and dissolution of public service units include:

1. Hồ Scheme for restructuring and dissolution of public service units;

a) Proposal on the scheme for restructuring and dissolution of public service units and draft decision on restructuring and dissolution of public service units;

b) Relevant documents from competent authorities confirming the completion of financial obligations, assets, land, loans, debts payable, and other related issues (if any).ngng lập;

c) Documentsamendfrom competent authorities confirming the completion of financial obligations, assets, land, loans, debts payable, and other related issues (if any).n l và các vấn đề khác có liên quan (nếu có).

2. The submission, acceptance, and processing of documents for restructuring and dissolution of public service units shall be carried out as prescribed for the establishment of public service units.No.i với việc thành lập đơn vị sự nghiệp công lập.

Article 16. Time limit for deciding on restructuring and dissolutionThis Resolution takes effect from the date it is adopted by the National Assembly.From the date of receiving valid documents (in accordance with procedures), the authority or organization must issue a review document.n lWithin 25 (twenty-five) working days from the date the authority or organization issues the review document, the authority or person with decision-making power shall issue a decision on restructuring and dissolution of public service units. If the authority or person with decision-making power disagrees with the dissolution of the public service unit, they shall notify the proposing authority in writing of the reasons.

1. Within 15 (fifteen) working days from the date of receiving complete valid files (in accordance with procedures), the Department of Home Affairs must issue a review document.development từ ngày nhận đDeputy ministers of ministerial-level agencies, Article 17. Decision-making power of the Prime MinisterDeputy ministers of ministerial-level agencies, Approving the planning of the network of public service units nationwide.rime Minister cDeciding on the establishment, restructuring, and dissolution of public service units under ministries, ministerial-level agencies, and government agencies (excluding public service units regulated by the Decree stipulating the functions, tasks, powers, and organizational structure of ministries, ministerial-level agencies, and government agencies); public service units directly under general bureaus and equivalent organizations; public service units under organizations established by the Government and the Prime Minister that are not public service units; public service units under Hanoi National University, Ho Chi Minh City National University; public service units under provincial people's committees.

2. Deciding on the establishment, restructuring, and dissolution of public service units in accordance with specialized laws.development từ ngày cơ quan, tổ chức thẩm định có văn bản thẩm định, cơ quan hoặc người có thẩm quyầArticle 18. Decision-making power of Ministers and Heads of ministerial-level agenciesrime Minister cSubmitting to the Prime Minister for approval the planning of the network of public service units under their sector and field management when approved by the Prime Minister.n lPublic service units under their sector and field management., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Deciding on the establishment, restructuring, and dissolution of public service units within the agencies and organizations under their management authority, including:

Chapter III

AUTHORITY AND RESPONSIBILITY

Public service units under bureaus;rime Minister cOther public service units as prescribed by specialized laws.

1. Stipulating the functions, tasks, powers, and organizational structure of public service units under ministries and ministerial-level agencies; guiding the establishment, functions, tasks, powers, and organizational structure of Management Councils in public service units; issuing operational regulations for Management Councils in public service units under their management authority as prescribed by specialized laws.

2. Annually compiling and reporting on the organization and operation of public service units under their management authority to the Ministry of Home Affairs for consolidation and reporting to the Prime Minister. lập thuộc Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ (trừ các đơn vị sự nghiệp công lập được quy định tạí Nghị định quy định chức năng, nhiệm vụ, quyonn hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ); đơn vị sự nghiệp công lập trực thuộc tổng cục và tổ chức tương đương t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPng cục; đơn vị sự nghiệp công lập thuộc tổ chức do Chính phủ, Thủ tướng Chính phủ thành lập mà không phn li là đơn vị sự nghiệp công lập; đơn vị sự nghiệp công lập thuộc Đại học QuNo.c gia Hà Nội, Đại học QuNo.c gia thành phNo. Hồ Chí Minh; đơn vị sự nghiệp công lập thuộc DECREES:p tof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsp tỉnh.

3. Quyết định thành lập, tổ chức lại, giải thể đon vị sự nghiệp công lập theo quy định của luật chuyên ngành.

Điều 18. Thẩm quyền của Bộ trưởng, Thủ trưởng cơ quan ngang Bộ

1. Trình Thủ tướng Chính phủ quy hoạch mạng lưới tổ chức đơn vị sự nghiệp công lập thuộc ngành, lĩnh vực và tổ chức thực hiện khi đconcerning the classification and determination of state management authority in the field of crop productionợc Thủ tướng Chính phủ phê duyệt.

2. Issuing specific criteria for classifying public institutions in the fields of culture, family, physical education, sports, and tourism;N ||| declaration of customs import procedures. vị sự nghiệp công lập thuộc ngành, lĩnh vực mình quản lý.

3. Quyết định thành lập, tổ chức lại, giải thể các đơn vị sự nghiệp công lt Tp trong cơ quan, tổ chức thuộc thẩm quyền qun lincluding:

a) Public service units under the Bureau;

b) Other public service units as prescribed by specialized laws.

4. Specify functions, tasks, powers,to organizational structure of the public service units under the Ministry, agency equivalent to a ministry; guide the establishment, functions, tasks, powers, and organizational structure of the Management Board in public service units; issue Operation Regulations of the Management Board in public service units under the management authority as prescribed byospecialized laws.amendAnnually compile and report on the organization and operation of public service units under the management authority ton lthe Ministry of Home Affairs for compilation and reporting to the Prime Minister.rime Minister cAs of January 1, 2012, but not yet established, reorganized, dissolved by the competent authority or person authorized to make such regulations, lthe provisions for establishing, reorganizing, and dissolving shall continue to be implemented according to the provisions of Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on procedures and formalities for establishing, reorganizing, and dissolving administrative organizations and state-owned public service units.

5. This Decree takes effect from August 15, 2012., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPAbolish the provisions on establishing, reorganizing, and dissolving state-owned public service units in Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on procedures and formalities for establishing, reorganizing, and dissolving administrative organizations and state-owned public service units, and any previous provisions contrary to this Decree.đổThe Minister, Head of an agency equivalent to a ministry, head of an agency under the Government, person in charge of an agency established by the Government or the Prime Minister, Chairman of the People's Committee of provinces and centrally governed cities, and related agencies and organizations are responsible for implementing this Decree./.development tổng hợp, báo cáo Thủ tướng Chính phủ.

Article 19. Competence of Heads of Government Agencies, Organizations under the Government, and the Prime Ministertoealth lthe dossier in accordance with Clause 1 of this Article and submit to the State Bank;

1. Deciding on the establishment, restructuring, and dissolution of public service units in accordance with specialized laws.

2. Deciding on the establishment of management boards in public service units in accordance with guidelines from the relevant ministries and sectors.

3. Determining functions, tasks, authorities, and organizational structures of public service units under their management authority.

4. This Decree takes effect from August 15, 2012., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPConsolidating and reporting on the organization and operation of public service units to the Ministry of Home Affairs.development organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPConsolidating and reporting to the Prime Minister.

Article 20. Competence of the Ministry of Home Affairs

1seals must be kept secure according to the regulations of the State, the Ministry of National Defense, and the unit's regulations.Chairing, coordinating with ministries, ministerial-level agencies, government agencies, and DECREES:provincial people's committees in guiding, For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;inspecting the establishment, restructuring, and dissolution of public service units.

2. Consolidating reports toDeputy ministers of ministerial-level agencies, Nationalớthe Prime Minister on the organization and operation of public service units within their jurisdiction.n l 2. After comparing the data in the database with the Declaration Report files, the Department of Planning, Finance and General Affairs shall be responsible for:

Article 21. Competence of Provincial People's Committees无效ealth

1. Approving or submitting for approval by competent authorities the planning of networks and organizing public service units under theirrime Minister cm provisiononmanagement according to specialized laws.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsDeciding on the establishment, restructuring, and dissolution of public service units, including:

2. Public service units under specialized agencies of provincial people's committees

a) in accordance with guidelines from the relevant ministries and the Ministry of Home Affairs;无效Other public service units under specialized agencies of provincial people's committeesn lin accordance with specialized laws;

b) Public service units underof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsnh according to the provisions of Article 3 of this Law which have been received but exceed the time limit for resolution without issuing results according to the Investment Law No. 61/2020/QH14 which has been amended and supplemented by Law No. 72/2020/QH14 shall continue to be implemented according to the provisions of the Investment Law No. 61/2020/QH14 which has been amended and supplemented by Law No. 72/2020/QH14.无效district people's committees in accordance with specialized laws.

c) Organizational structure of public service units under provincial people's committees. DECREES:Implementing decentralization to district people's committees the authority to establish, restructure, and dissolve certain types of public service units under

3. Specify functions, tasks, powers,to their own management.

4. Annually consolidating and reporting on the organization and operation of public service units, both public and non-public under their management (including public and non-public service units under the management of district people's committees), to relevant ministries and sectors and the Ministry of Home Affairs for DECREES:Implementing decentralization to district people's committees the authority to establish, restructure, and dissolve certain types of public service units under

5. reference.development Sending proposals,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPConsolidating and reporting to the Prime Minister.

Chapter IV

IMPLEMENTING PROVISIONS

Article 22. Transitional provisions

draft resolutions to competent authorities or individuals regarding the proposal for establishment, restructuring, and dissolutionđượ of public service units before January 1, 2012, but not yet approved by competent authorities or individuals, June 2024;then continuing to implement according to the provisions of Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-owned public service units.rime Minister cThis Decree takes effect from August 15, 2012.development Abolishing the provisions on the establishment, restructuring, and dissolution of state-owned public service units in Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government on procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-owned public service units, and other previous provisions contrary to this Decree.y Ministers, Heads of ministerial-level agencies, heads of agencies established by the Government and the Prime Minister, Chairmen of provincial people's committees directly under the Central Government, and related agencies and organizations are responsible for implementing this Decree./.g 01 năm 2012, nhưng chưa được cơ quan hoặc người có thrime Minister cm provisiononn ra quypoliciest định thành lập, tổ chức lại, giải thdevelopment thì tipoliciesp tục thực hiện theo quy định tại Nghị định số 83/2006/NĐ-CP ngày 17 tháng 8 namendm 2006 của Chính phủ quy định về trình tự, thủ tục thành lập, tổ chức lại, giải thể tổ chức hành chính, đơn vị sự nghiệp Nhà nước.

Article 23. Effectiveness of Implementation

Nghị định này có hiệu lực thi hành kể từ ngày 15 tháng 8 năm 2012.

Bãi bỏ quy định về thành lập, tổ chức lại, giải thể đơn vị sự nghiệp nhà nước tại Nghị định số 83/2006/NĐ-CP ngày 17 tháng 8 năm 2006 của Chính phủ quy định về trình tự, thủ tục thành lập, tổ chức lại, giải thế tổ chức hành chính, đơn vị sự nghiệp Nhà nước và các quy định trước đây trái với Nghị định này.

Article 24. Responsibility for Implementation

Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, cơ quan thuộc Chính phủ, người đứng đầu cơ quan do Chính phủ, Thủ tướng Chính phủ thành lập, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương và các cơ quan, tổ chức có liên quan chịu trách nhiệm thi hành Nghị định này./.