Decree No. 83/2006/NĐ-CP on the procedures and formalities for establishing, restructuring, and dissolving administrative and state-run public service organizations

DECREE

Regulations on the procedures for establishing, restructuring, and dissolving administrative organizations and state-run public service organizations

Administrative organizations and state-run public service organizations

_________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on the Organization of People's Councils and People's Committees dated November 26, 2003;

Considering the proposal of the Minister of Home Affairs.

DECREE:

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the principles, conditions, responsibilities of the proposing agencies, procedures, and steps for establishing, restructuring, and dissolving administrative organizations and state-run public service organizations (hereinafter referred to collectively as establishment, restructuring, and dissolution of organizations).

Article 2. Applicability

1. The objects subject to this Decree include:

a) Ministries;

b) Administrative organizations and state-run public service organizations established by

c) Administrative organizations and state-run public service organizations under ministries, ministerial-level agencies, and government agencies;

d) Administrative organizations and state-run public service organizations under provincial people's committees and municipal people's committees directly under the central government (hereinafter referred to collectively as provincial-level people's committees);

đ) Administrative and public service organizations under district people's committees, urban district people's committees, and city people's committees directly under provinces (hereinafter referred to collectively as district-level people's committees).

2. This Decree does not apply to the following types of organizations:

a) Ministries and ministerial-level agencies;

b) People's councils and people's committees at all levels;

c) Councils, Committees, Standing or Temporary Bodies assisting

d) State-owned enterprises (including state-run public service organizations within the structure of such enterprises);

đ) Associations and non-governmental organizations;

e) Public service organizations outside the state sector.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. "Administrative organization" refers to organizations that provide advisory services, formulate systems and policies, and enforce laws within the organizational structure of ministries, ministerial-level agencies, and government agencies (including Departments, Bureaus, General Departments, Inspections, Ministry Offices, and other organizations with different names); specialized agencies of provincial-level people's committees (including Departments, Inspections, Provincial People's Committee Offices, and other organizations with different names); specialized agencies of district-level people's committees (including Rooms, Inspections, District People's Committee Offices, and other organizations with different names).

2. "State-run public service organization" refers to organizations established and operating to serve state management tasks or to provide certain public services (including educational training, health, science and technology, culture and information, sports, labor and social affairs public service organizations, and other public service organizations).

3. "Reorganizing administrative and public service organizations" refers to the reorganization of these organizations through mergers, consolidations, conversions, transfers, divisions, and other forms to form new organizations suitable for the requirements of management tasks.

Article 4. Principles for Establishing, Restructuring, and Dissolving Organizations

1. Establishment of Organizations

The establishment of organizations must originate from the needs of state administration activities; serve state management activities or provide public services, and must comply with the following principles:

a) An administrative organization can only be established when its objectives, functions, and tasks are clearly defined and do not overlap with those of previously established organizations. The scale and type of organization to be established must be appropriate to its functions and tasks and consistent with the requirements of administrative reform.

b) A state-run public service organization can only be established to perform functions and tasks serving state management or providing public services in sectors or fields where such public services have not been transferred to non-state organizations or where non-state organizations cannot or are unable to undertake them. In sectors or fields where there is a network planning for public service organizations approved by competent authorities, the establishment of state-run public service organizations must be consistent with that network planning.

2. Restructuring of Organizations

a) Restructuring of administrative organizations when there is a change in functions, tasks, and scope of management or when restructuring involves mergers, consolidations, divisions, conversions, transfers, upgrades of organizations according to approved plans;

b) Restructuring of state-run public service organizations when there are mergers, consolidations, divisions, conversions, transfers, upgrades of organizations or when implementing plans to rearrange and plan networks of state-run public service organizations.

3. Dissolution of Organizations

Administrative and state-run public service organizations shall be dissolved when they fail to clearly define their functions and tasks and their operations are ineffective or when they no longer have functions and tasks.

Article 5. Conditions for establishment, restructuring, and dissolution of organizations

1. Establishment of Organizations

a) Having complete files as prescribed in Article 15 of this Decree;

b) Ensuring necessary conditions regarding personnel, staffing, funding, workplace, and equipment and means required to implement activities after the organization is established.

2. Restructuring of Organizations

a) Having complete files as prescribed in Clause 1, Article 20 of this Decree;

b) Having plans for key leadership personnel, restructuring organizational structure, staffing, material infrastructure to implement decisions on reorganizing the organization.

3. Dissolution of organizations:

a) Having complete files as prescribed in Clause 2, Article 20 of this Decree;

b) Having plans to handle issues related to personnel, staffing, finance, assets, land, and other relevant issues.

Article 6. Procedures and formalities for establishment, restructuring, and dissolution of organizations

The establishment, restructuring, and dissolution of organizations shall be carried out according to the following procedures and formalities:

1. Drafting the Project, Petition, Draft Decision on Establishment, Restructuring, and Dissolution of Organizations, and Draft Charter or Operation Regulation of the Organization (for the establishment of state-run public service organizations).

2. Reviewing the Project, Petition, Draft Decision on Establishment, Restructuring, and Dissolution of Organizations, and Draft Charter or Operation Regulation of the Organization (for the establishment of state-run public service organizations).

3. Scrutiny of the Project, Petition, and Draft Decision on Establishment, Restructuring, and Dissolution of Organizations.

4. Decision on Establishment, Restructuring, and Dissolution of Organizations.

Article 7. Responsibilities of the agency proposing establishment, restructuring, and dissolution of organizations

1. Adhering to the principles and conditions for establishment, restructuring, and dissolution of organizations as stipulated in Articles 4 and 5 of this Decree to draft the project, petition for the competent authority to decide, draft the decision document, draft charter or operation regulation of the organization (for the establishment of state-run public service organizations), seek opinions from the reviewing agency and relevant agencies, report and explain the adoption of opinions, and prepare the proposal file for the competent authority to decide on establishment, restructuring, and dissolution of organizations as prescribed in this Decree.

2. Ensuring necessary conditions for the organization to implement activities after the establishment decision or restructuring.

3. Directly guiding the implementation of decisions on establishment, restructuring, and dissolution of organizations.

Article 8. Authority for establishment, restructuring, and dissolution of organizations

The authority to decide on the establishment, restructuring, and dissolution of administrative organizations and state-run public service organizations shall be implemented according to current laws and government decentralization management regulations.

Chapter II

PROCEDURES AND FORMALITIES FOR ESTABLISHMENT, RESTRUCTURING, AND DISSOLUTION OF ADMINISTRATIVE ORGANIZATIONS AND STATE-RUN PUBLIC SERVICE ORGANIZATIONS

Section 1: ESTABLISHMENT OF ORGANIZATIONS

Article 9. Project for Establishment of Organizations

1. The project for establishment of organizations is drafted by the agency proposing the establishment of organizations to submit to the competent authority deciding on the establishment of organizations.

2. Contents of the Project include:

a) The necessity and legal basis for establishing the organization;

b) Objectives, functions, and tasks of the organization;

c) Type of organization to be established;

d) Structure of the organization to be established;

đ) Necessary factors ensuring the operation of the organization to be established, including projected personnel, staffing, operational funding, workplace, and necessary equipment and means of the organization;

e) Plan for establishment and operational roadmap of the organization;

g) Recommendations of the agency drafting the project for establishment of the organization. For the establishment of state-run public service organizations, in addition to the above contents, the project also includes other contents as prescribed by specialized laws and government regulations.

Article 10. Petition for establishment of organization

1. The petition for establishment of an organization shall be prepared by the agency proposing the establishment of the organization to submit to the competent authority for decision on establishment of the organization.

2. The contents of the petition for establishment of an organization include:

a) The necessity and legal basis for establishing the organization;

b) The main contents of the project for establishment of the organization;

c) Issues with differing opinions and issues requiring the opinion of the competent authority for decision on establishment of the organization.

3. The petition for establishment of an organization must be signed by the head of the agency proposing the establishment of the organization and stamped according to regulations.

Article 11. Soliciting opinions from related agencies

1. The agency proposing the establishment of an organization must send the project to related agencies as prescribed by specialized laws and in accordance with the Government's Working Regulations, administrative agencies at all levels to solicit written opinions on the establishment of the organization.

2. The solicitation and participation in written opinions of agencies must comply with the provisions of Article 13 of Decree No. 144/2005/NĐ-CP dated November 16, 2005 of the Government on cooperation among administrative state agencies in policy formulation and implementation, strategy, planning, and plan monitoring.

Article 12. Examination of establishment of organization

1. Examining agency For the establishment of administrative organizations, the examining agency is defined as follows:

a) Organizations within the competence of the Government to decide on establishment,

b) Organizations within the competence of the Minister, Head of a ministry-level agency, or Head of an agency under the Government to decide on establishment, the examining agency is the Cadre Organization Department or the Cadre Organization Board;

c) Organizations within the competence of the People's Committee of a province to decide on establishment, the examining agency is the Department of Home Affairs;

d) Organizations within the competence of the People's Committee of a district to decide on establishment, the examining agency is the Home Affairs - Labor - War Invalids and Social Affairs Office. For the establishment of state-run public service organizations within the competence of each level, the examining agency is defined in relevant specialized laws.

2. The contents of the examination include:

a) The necessity and legal basis for establishing the organization;

b) Objectives, functions, tasks, organizational form, organizational structure of the organization to be established;

c) Documents and procedures for establishing the organization as prescribed;

d) Conditions ensuring operation for the organization to be established;

đ) Feasibility of establishing the organization.

3. The examination document must be signed by the head of the examining agency. The content of the examination document must ensure sufficient basis to recommend the state agency with the authority to decide on one of the following three cases:

a) Agreeing with the establishment of the organization;

b) Disagreeing with the establishment of the organization;

c) Not establishing the organization yet, further research on some issues in the project is required.

4. For organizations established based on legal normative documents, the examination must also comply with the legal provisions on issuing legal normative documents.

Article 13. Review of procedures and files for establishment of organization

1. Reviewing agency

a) For organizations within the competence of the Government to decide,

b) For organizations within the competence of the Minister, Head of a ministry-level agency, or Head of an agency under the Government to decide on establishment, the reviewing agency is the Office of the Ministry, ministry-level agency, or agency under the Government;

c) For organizations within the competence of the People's Committee of a province or district to decide on establishment, the reviewing agency is the Office of the People's Committee at the same level.

2. Content of review

a) Reviewing the procedures and files of the agency proposing the establishment of the organization and the examination files of the examining agency;

b) Analyzing, synthesizing, and providing independent comments on the content of the project;

c) Final editing of the content and format of draft documents to be completed before submission to the competent authority for decision on establishment of the organization.

3. The reviewing agency has the responsibility to prepare a notification document explaining reasons for not (or not yet) establishing the organization for signature and issuance by the competent authority when it does not (or has not yet) agree with the proposal to establish the organization.

Article 14. Decision to establish an organization

1. The competent authority shall base on the appraisal document and the examination and verification of valid procedures and files processed according to the working regulations and the provisions of this Decree to decide on the establishment of the organization.

2. The form of the document of the Decision to establish an organization must be consistent with the authority of the agency deciding on the establishment of the organization.

3. The final revision and completion of the draft Decision to establish an organization before submitting it to the competent authority for decision on the establishment of the organization shall be prepared by the agency entrusted with the function of examination based on the draft document incorporating the amendments proposed by the agency proposing the establishment of the organization and the opinions of the appraisal agency.

Article 15. Documents for establishing an organization

1. The documents submitted for the establishment of an organization include:

a) Proposal for establishing an organization;

b) Report on the proposal for establishing an organization, draft Decision to establish an organization (attached), draft Charter or Operation Regulation of the organization (for the establishment of a state-run public service organization);

c) Written opinions of relevant agencies on the establishment of the organization;

d) Report on the incorporation of opinions of relevant agencies and supplementary reports according to the guidance of the competent authority deciding on the establishment of the organization (if any).

2. Appraisal documents

a) Appraisal document on the draft Decision, Report, Proposal for establishing an organization, draft Charter or Operation Regulation of the organization (for the establishment of a state-run public service organization);

b) Draft document of the Decision to establish an organization that has been revised, supplemented, and completed according to the preparation of the appraisal agency (if any).

3. Examination documents

a) Examination report of the agency entrusted with the authority to examine the procedures and files of the proposing agency, files of the appraisal agency;

b) Final revision and completion of all documents prepared in the file to submit to the competent authority for decision on the establishment of the organization.

Article 16. Submission and receipt of documents for establishing an organization

1. The agency proposing the establishment of an organization shall submit the documents for establishing an organization to the agencies as prescribed as follows:

a) Report to the competent authority deciding on the establishment of the organization;

b) Send to the appraisal agency;

c) Send to relevant agencies for coordination in handling or for information only, then list those agencies at the end of the letter or report (section)

2. The submitted documents must be the main documents for submission to the competent authority for the establishment of the organization.

3. The agency receiving the documents for establishing an organization must establish a tracking list according to the regulations.

Article 17. Handling documents and presenting to the competent authority for decision on the establishment of an organization

1. The agency receiving the documents according to its functions and authority shall be responsible for handling the documents for establishing an organization according to the working regulations of the same level agency to decide or provide an appraisal opinion on the establishment of the organization in accordance with the law.

2. After examining and verifying the procedures and documents for establishing an organization, if the contents of the proposal and other documents still have unclear issues or differing opinions, the agency handling the documents shall request the agency proposing the establishment of the organization to provide further explanations or, upon authorization from the authority deciding on the establishment of the organization, convene a meeting with the agency submitting the proposal and relevant agencies to clarify and report back to the authority deciding.

3. The agency handling the documents shall take the lead and coordinate with the agency proposing the establishment of the organization to complete the documents and procedures according to the regulations to present to the competent authority for decision on the establishment of the organization.

Article 18. Time limit for resolving the establishment of organizations

1. Within fifteen working days from the date of receiving complete files in accordance with procedures, the examining authority must complete the examination report.

2. Within fifteen working days from the date of receiving the examination file, the reviewing authority must provide formal comments on the establishment of the organization. The reviewing authority shall conduct the final review of all procedures, files, and prepare necessary documents according to the operating regulations of the authority to submit to the competent authority for decision on establishing the organization.

3. Within twenty working days from the date of receiving all types of establishment files processed in accordance with regulations, the competent authority shall issue the Decision on establishing the organization as prescribed. In case of not deciding to establish the organization, a notification must be issued to inform the proposing authority of the reasons.

Section 2: REORGANIZATION AND DISSOLUTION OF ORGANIZATIONS

Article 19. Proposal and Plan for Reorganization and Dissolution of Organizations

1. The contents of the proposal and plan for reorganization and dissolution of organizations include:

a) The necessity and legal basis for reorganizing or dissolving the organization;

b) Formulating solutions to handle personnel issues, organizational structure, staffing, finance, assets, land, and other related matters;

c) Specifying organizations and individuals responsible for implementing the reorganization and dissolution plans and the time limits for handling issues within these plans.

2. The process of examining the proposals, plans, draft Decisions attached, and reviewing procedures and files to submit to the competent authority for decision on reorganization and dissolution of organizations shall be carried out as for the establishment of organizations.

Article 20. Files for Reorganization and Dissolution of Organizations

1. Reorganization of Organizations

a) Plan for reorganizing the organization;

b) Proposal for the reorganization plan and draft Decision on reorganizing the organization (attached);

c) Documents confirming financial status, assets, land, loans, debts, and other related matters;

d) Written opinions of relevant authorities.

2. Dissolution of Organizations

a) Plan for dissolving the organization;

b) Proposal for the dissolution plan and draft Decision on dissolving the organization (attached);

c) Documents from relevant authorities confirming financial status, assets, land, loans, debts, and other related matters.

3. In specific cases, the submission, acceptance, processing of files, examination, and review of procedures and files for reorganization and dissolution of organizations shall be carried out as for the establishment of organizations.

Article 21. Time Limit for Resolving Reorganization and Dissolution of Organizations

1. Within fifteen working days from the date of receiving complete files in accordance with procedures, the examining authority must complete the examination report.

2. Within fifteen working days from the date of receiving the examination file, the reviewing authority must provide formal comments on the reorganization and dissolution of the organization. The reviewing authority shall conduct the final review of all procedures, files, and prepare necessary documents according to the operating regulations of the authority to submit to the competent authority for decision on reorganizing and dissolving the organization.

3. Within twenty working days from the date of receiving all types of reorganization and dissolution files processed in accordance with regulations, the competent authority shall issue the Decision on reorganizing and dissolving the organization as prescribed. In case of not deciding on reorganization and dissolution of the organization, a notification must be issued to inform the proposing authority of the reasons.

Chapter III

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 23. Responsibility for Implementation

1. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government are responsible for implementing this Decree.

2. The Minister of Home Affairs shall inspect and monitor the implementation of regulations on procedures and formalities for establishing, reorganizing, and dissolving organizations as stipulated in this Decree.