Decree 120/2020/ND-CP on the establishment, dissolution of public non-business units

DECREE

Prescribing the establishment, reorganization, and dissolution of public non-business units

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Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government;

Pursuant to the Law on Public Employees dated November 15, 2010 and the Law dated November 25, 2019 amending and supplementing the Law on Cadres and Civil Servants and the Law on Public Employees;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree prescribing the establishment, reorganization, and dissolution of public non-business units.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the principles, conditions, order, procedures, and competence for establishment, reorganization, dissolution, and autonomy in terms of organizational structure of public non-business units.

Article 2. Subjects of application

1. Public non-business units (other than public non-business units affiliated to the Ministry of Public Security and the Ministry of National Defense) under the management of ministries and ministerial-level agencies (hereinafter collectively referred to as ministries), including:

a) Public non-business units affiliated to ministries (including: Public non-business units belonging to the organizational structure of ministries, public non-business units directly affiliated to ministries, and overseas public non-business units);

b) Public non-business units affiliated to general departments and organizations equivalent to general departments under ministries (hereinafter collectively referred to as ministry-attached general departments);

c) Public non-business units affiliated to departments or branches of departments under ministries;

d) Public non-business units affiliated to Ministry Offices;

dd) Public non-business units affiliated to departments under ministry-attached general departments.

2. Public non-business units affiliated to Government-attached agencies (including overseas public non-business units).

3. Public non-business units affiliated to organizations established by the Government or the Prime Minister which are not public non-business units.

4. Public non-business units under the management of People’s Committees of municipalities and provinces (hereinafter collectively referred to as provincial-level People’s Committees), including:

a) Public non-business units affiliated to provincial-level People’s Committees;

b) Public non-business units affiliated to specialized agencies under provincial-level People’s Committees (hereinafter collectively referred to as provincial-level departments);

c) Public non-business units affiliated to branches and equivalent units under provincial-level departments;

d) Public non-business units affiliated to other administrative organizations under provincial-level People’s Committees.

5. Public non-business units affiliated to People’s Committees of rural districts, urban districts, towns, provincial cities, and municipality-affiliated cities (hereinafter collectively referred to as district-level People’s Committees).

6. Public non-business units under the management of the government of special administrative-economic units shall be established, reorganized or dissolved in accordance with the law regulations and their guiding documents.

7. Government-attached agencies shall be established, reorganized or dissolved in accordance with the Law on Government Organization and other relevant legal documents.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Overseas public non-business unit means a public non-business unit affiliated to a ministry, a ministerial-level agency or a Government-attached agency, which is established by a competent State authority, has its legal status, its own seal and account in accordance with the law regulations, and is headquartered abroad.

2. Reorganization of a public non-business unit means the arrangement and consolidation of such public non-business unit in the form of split-up, spin-off, merger, or consolidation; or adjustment of its name, position, functions, or tasks in order to form a new public non-business unit.

Article 4. Principles for establishing, reorganizing, and dissolving a public non-business unit

1. The establishment, reorganization and dissolution of public non-business units must ensure compliance with the conditions, order, procedures and competence prescribed in this Decree (in cases where specialized law regulations otherwise prescribe, they shall prevail). One public non-business unit may provide several public non-business services of the same type.

2. Newly established public non-business units (including public non-business units affiliated to other public non-business units) must cover by themselves their current and capital expenditures (unless otherwise the new units must be established to provide basic and essential public non-business services). Particularly, if public non-business units affiliated to other public non-business units, which cover by themselves their current and capital expenditures, are newly established (even if they are established to provide basic and essential public non-business services), they must cover by themselves their current and capital expenditures.

3. Public non-business units that operate inefficiently shall be reorganized or dissolved. The reorganization of a public non-business unit must not lead to an increase in the number of personnel whose salaries are covered by the State budget, as approved by competent authorities, and comply with regulations on the number of deputy positions within the unit as well as reduce its headcount in accordance with the regulations.

Article 5. Conditions for establishing, reorganizing, and dissolving a public non-business unit

1. Conditions for establishing a public non-business unit

a) It must be in line with the national sectoral master plans or the master plan on the network of public non-business units (if any) approved by competent authorities;

b) All criteria for establishing a public non-business unit as prescribed by specialized law are fully met;

c) The objectives, functions, and tasks must be clearly defined to demonstrate that the unit provides public non-business services in support of State management;

d) The minimum quantity of employees must be 15 people (except for public non-business units providing basic and essential public non-business services established in accordance with specialized law regulations).

When establishing a public non-business unit that covers by itself its current expenditures expenses or a public non-business unit that covers by itself its current and capital expenditures, the minimum quantity of employees who are public employees shall be determined in accordance with the scheme for establishment. For public non-business units that cover by themselves their current and capital expenditures and operate as enterprises, the minimum quantity of employees shall include public employees and professionals working under labor contracts.

For overseas public non-business units, the quantity of employees shall be approved by the Prime Minister in the schemes for establishment of such public non-business units.

dd) The head office or the proposal of land allocation for building the head office is approved by competent authorities (in cases where a new head office is built). There are necessary initial equipment; human resources and funding for operation in accordance with the law regulations.

e) For overseas public non-business units: In addition to meeting the conditions prescribed at Points a, b, c, d, and dd of this Clause, it must comply with the foreign policy of the Party and the State and the agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country on the establishment and operation of public non-business units.

2. Conditions for reorganizing a public non-business unit

a) The functions, tasks and powers must be adjusted in line with the national sectoral master plans or the master plan on the network of public non-business units (if any) approved by competent authorities; thereby ensuring improved operational efficiency and meeting the requirement on minimum quantity of employees prescribed at Point d, Clause 1 of this Article;

b) The criteria for establishing a new public non-business unit as prescribed by law are not fully met;

c) The reorganization of the unit must ensure that its current level of financial autonomy is not reduced. When public non-business units with different levels of financial autonomy are consolidated or merged, the level of financial autonomy of the resulting unit shall comply with the decision of the competent agency;

d) For overseas public non-business units: In addition to meeting one of the conditions prescribed at Points a, b, and c of this Clause, it must comply with the foreign policy of the Party and the State and the agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country on the reorganization and operation of public non-business units.

3. Conditions for dissolving a public non-business unit:

a) The unit no longer has functions and tasks of providing public non-business services in support of State management;

b) The criteria for establishing a new public non-business unit as prescribed by law are not fully met;

c) The unit has been operating inefficiently, as assessed by the competent agency;

d) It must be in line with the national sectoral master plans or the master plan on the network of public non-business units (if any) approved by competent authorities;

dd) For overseas public non-business units: In addition to meeting the conditions prescribed at Points a, b, c, and d of this Clause, it must comply with the foreign policy of the Party and the State and the agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country on the dissolution of public non-business units.

Article 6. Autonomy in terms of organizational structure

1. Regarding the organizational structure

a) Public non-business units that cover by themselves their current and capital expenditures may decide to establish, reorganize, and dissolve affiliated and subordinate units in accordance with their schemes on autonomy approved by competent authorities, which shall be aligned with their functions and tasks and meet the criteria, conditions, and standards as prescribed by law;

b) Public non-business units that cover by themselves their current expenditures may decide to establish, reorganize, and dissolve units that are not part of the organizational structure of constituent units under decisions of competent authorities, when meeting the criteria, conditions, and standards prescribed by law; develop plans to rearrange constituent units and submit them to competent authorities for decision;

c) Public non-business units that cover by themselves part of their current expenditures expenses and public non-business units whose current expenditures are covered by the State Budget shall formulate plans to arrange and improve their organizational structures and submit them to the competent authorities for decision in accordance with the law regulations;

d) The establishment of divisions, committees, and other constituent organizations (hereinafter referred to as divisions) affiliated with public non-business units that cover by themselves their current expenditures expenses, public non-business units that cover by themselves part of their current expenditures expenses, and public non-business units whose current expenditures are covered by the State Budget must meet the following criteria: The task or field managed by a division must encompass 02 or more work areas and have distinct management processes in accordance with the requirements of the managing entity; the workload of the division must necessitate the employment of 07 or more public employees.

2. Regarding the quota of deputy positions under the head of a public non-business unit

a) For public non-business units that cover by themselves their current and capital expenditures: The quantity of deputy positions of units belonging to the organizational structure of ministries and ministerial-level agencies shall not exceed 03 people per unit on average. For other units, it shall comply with the schemes for establishment (in cases where the units are newly established) or the schemes on autonomy of the units approved by competent authorities;

b) For public non-business units that cover by themselves their current expenditures: The quantity of deputy positions of units belonging to the organizational structure of ministries and ministerial-level agencies shall not exceed 03 people per unit on average. For other units, it shall not exceed 03 people;

c) For public non-business units that cover by themselves part of their current expenditures and those whose current expenditures are covered by the State Budget:

The quantity of deputy positions of units belonging to the organizational structure of ministries and ministerial-level agencies shall not exceed 03 people per unit on average.

A unit as prescribed at Point a, Clause 1 (unless it belongs to the organizational structure of a ministry or a ministerial-level agency), Clause 2 and Point a, Clause 4, Article 2 of this Decree, which employs 20 or fewer public employees, shall have no more than 02 deputy positions. If it employs more than 20 public employees, it shall have no more than 03 deputy positions.

A unit as prescribed at Points b, c, d, and dd, Clause 1, Clause 3, Points b, c, and d, Clause 4 and Clause 5, Article 2 of this Decree shall have no more than 02 deputy positions.

3. Regarding the quantity of deputy positions of a division under a public non-business unit

a) For divisions under public non-business units that cover by themselves their current and capital expenditures: The quantity of deputy positions shall comply with the schemes for establishment (in cases where the units are newly established) or the schemes on autonomy of the units approved by competent authorities;

b) For divisions under public non-business units that cover by themselves their current expenditures, each shall have no more than 02 divisional deputy positions;

c) For divisions under public non-business units that cover by themselves part of their current expenditures and those whose current expenditures are covered by the State Budget: If a division employs 07 to 09 public employees, it shall have 01 divisional deputy position; if it employs 10 or more public employees, it shall have no more than 02 divisional deputy positions.

4. Based on the deputy position quotas prescribed in Clause 2 and Clause 3 of this Article (except for units belonging to the organizational structure of ministries, ministerial-level agencies), the Minister, Head of a ministerial-level agency, head of a Government-attached agency, head of an organization established by the Government or the Prime Minister that is not a public non-business unit, the provincial-level People's Committee and the Chairperson of the provincial-level People's Committee, and the district-level People's Committee shall decide on the specific quantity of deputy positions of a public non-business unit under his/her/its management according to the following criteria:

a) The legal position, functions, tasks, powers of the public non-business unit;

b) The quantity of employees and affiliated organizations within the public non-business unit;

c) The scale of operation, professional nature, and characteristics of the public non-business unit.

Article 7. Management Council

1. Establishment principles

a) Public non-business units that cover by themselves their current and capital expenditures must establish their Management Councils to decide on their important issues;

b) Based on specific conditions, management requirements, and specialized law regulations, if necessary, ministries, ministerial-level agencies, Government-attached agencies, and provincial-level People’s Committees may prescribe the establishment of Management Councils for public non-business units not prescribed at Point a, Clause 1 of this Article.

2. Conditions for establishment

The public non-business units prescribed in Clause 1 of this Article must be allocated funds and assets by the State to provide public non-business services in accordance with the law regulations.

3. The Management Council represents the ministry, ministerial-level agency, Government-attached agency, organization established by the Government or the Prime Minister that is not a public non-business unit, or the provincial-level People’s Committee at the public non-business unit. It performs the following tasks and exercises the following powers: To decide on the medium-term and annual strategies and plans of the unit; to decide on investment policies to expand operations, establish, reorganize, or dissolve affiliated units; to decide on policies related to the organizational structure and personnel (except for the quantity of employees, which is governed by law regulations on public employees); to approve the organization and operation regulations of the unit for submission to the competent authority for decision; to approve the annual financial settlement reports, to inspect and supervise the implementation of plans and democratic regulations, to decide on other important issues of the unit in accordance with law regulations.

4. The Management Council shall consist of between 05 and 11 members. The Chairperson and other members of the Management Council shall be appointed by the head of the competent agency approving the scheme on autonomy of the public non-business unit. The term of office of a member of the Management Council shall not exceed 05 years. The structure and quantity of members of the Management Councils in sectoral public non-business units shall comply with specialized law regulations and instructions of the ministries managing the respective sectors and fields.

The Management Board of a public institution includes representatives from the superior management agencies, who could be from a ministry, a ministerial-level agency, a Government-attached agency, an organization established by the Government or the Prime Minister that is not a public non-business unit, or the provincial-level People's Committee, and the direct superior management agency (if any), working on a concurrent basis.

5. Operating mechanisms of a Management Council

a) A Management Council shall operate in accordance with its operating regulations approved by competent authorities under the instructions of the ministry managing the respective sector or field;

b) Regulations on the relationship between the Management Council and the head of the public non-business unit in the Management Council’s operating regulations include: The Management Council decides on matters within its competence at the proposals from the head of the public non-business unit; the head of the public non-business unit manages and directs the unit's operations to implement the resolutions of the Management Council and is accountable to the Management Council for the results of implementing such resolutions;

c) Regulations on the relationship between the Management Council and the superior management agency in the Management Council's operating regulations include: The Management Council is accountable to the superior management agency for the results of performing assigned tasks and powers; the Management Council must report to the superior management agency on the activities of the public non-business unit; and the superior management agency approves or gives comments on issues within its competence upon request of the Management Council.

6. Procedures for establishing a Management Council

a) A public non-business unit that meets the conditions prescribed in Clause 2 of this Article shall prepare a dossier and send it to the competent State authority prescribed at Point b of this Clause and Clause 7 of this Article for consideration and decision on the establishment of a Management Council. A dossier of request shall comprise: A written request for establishment of the Management Council; the scheme for establishment of the Management Council; draft operating regulations of the Management Council; relevant documents proving that the conditions prescribed in Clause 2 of this Article are met; written comments of relevant agencies on the establishment of the Management Council; other relevant documents (if any);

b) The appraising agency or organization: The Departments (Boards) of Organization and Personnel shall act as the organizations appraising the establishment of Management Councils in public non-business units under the management of ministries, ministerial-level agencies, Government-attached agencies, organizations established by the Government or the Prime Minister that are not public non-business units; the provincial-level People’s Committees’ specialized agencies giving advice on the State management over organizational structure shall act as the agencies appraising the establishment of Management Councils in public non-business units under the management of the provincial-level People’s Committees;

c) Pursuant to Clause 1 and Clause 2 of this Article and the written request for establishment and the appraisal document, the competent State authority prescribed in Clause 7 of this Article shall consider and decide to establish the Management Council.

7. Competence to decide on the establishment of a Management Council in a public non-business unit and approve the operating regulations of the Management Council in a public non-business unit

a) Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and heads of organizations established by the Government or the Prime Minister that are not public non-business units shall decide to establish and approve the operating regulations of the Management Councils in public non-business units under the management of the respective ministries, ministerial-level agencies, Government-attached agencies, and organizations established by the Government or the Prime Minister that are not public non-business units;

b) Provincial-level People’s Committees shall decide to establish and approve the operating regulations of the Management Councils in public non-business units under the management of the respective provincial-level People’s Committees.

8. Pursuant to this Article, the ministries managing the respective sectors and fields shall provide specific instructions on the functions, tasks, powers, organizational structure and operating regulations of the Management Councils in sectoral public non-business units, and the relationship between the Management Councils and the heads of the respective public non-business units and superior management agencies. For educational institutions, School Councils shall be established in accordance with specialized law regulations and shall perform the functions and tasks of the Management Councils as prescribed in this Decree.

Chapter II

ORDER AND PROCEDURES FOR ESTABLISHMENT, REORGANIZATION, AND DISSOLUTION OF PUBLIC NON-BUSINESS UNITS

Section 1
ESTABLISHMENT

Article 8. Scheme for establishment

1. The scheme for establishment of a public non-business unit shall be made by the agency or organization that proposes such establishment and submitted to an authority or person competent to decide on such establishment.

2. The scheme shall include the following information:

a) The necessity and legal grounds;

b) Objectives, scope of operations and list of public non-business services the unit plans to provide;

c) The type and name of the public non-business unit;

d) Its position, functions, tasks, powers and organizational structure;

dd) Its financial mechanism, operating mechanism and level of financial autonomy;

e) The explanatory report on the fulfillment of criteria and conditions for establishment;

g) The personnel plan (which shall clearly identify the quantity of deputy positions of the unit in accordance with Article 6 of this Decree and detailed instructions from the ministry managing the respective sector or field); job positions, the quantity of employees in such job positions, and public employees structured by professional titles, thereby ensuring consistency with the unit’s functions, tasks, powers, operating costs, head office, equipment, and necessary working devices;

h) The implementation plan and operational roadmap for the public non-business unit;

i) Recommendations of the agency that formulates the scheme for establishment of the public non-business unit (if any);

k) Other issues, which shall comply with specialized law regulations and instructions of the ministries managing the respective sectors and fields.

Article 9. Written proposal for establishment

1. The written proposal for establishment of a public non-business unit shall be made by the agency or organization that proposes such establishment to an authority or person competent to decide on such establishment.

2. The written proposal shall include the following information:

a) The necessity and legal grounds;

b) The process of formulating the scheme;

c) Main details of the scheme;

d) Issues under debate and relevant issues.

3. The written proposal for establishment shall be signed by the head of the agency or organization that proposes such establishment and submitted to an authority or person competent to decide on such establishment.

4. The agencies and organizations that may propose establishment of public non-business units are the following:

a) Ministries and ministerial-level agencies may propose the establishment of the units prescribed at Point a and Point b, Clause 1, Article 2 of this Decree;

b) Ministry-attached general departments and ministerial-level agencies may propose the establishment of the units prescribed at Point dd, Clause 1, Article 2 of this Decree;

c) Departments under ministries and ministerial-level agencies may propose the establishment of the units prescribed at Point c, Clause 1, Article 2 of this Decree;

d) Ministry Offices and ministerial-level agencies may propose the establishment of the units prescribed at Point d, Clause 1, Article 2 of this Decree;

dd) Government-attached agencies propose to ministries (agencies assigned by the Government to be in charge of State management over sectors and fields of operation of Government-attached agencies) the establishment of the units prescribed in Clause 2, Article 2 of this Decree;

e) Organizations established by the Government or the Prime Minister that are not public non-business units may propose the establishment of the units prescribed in Clause 3, Article 2 of this Decree;

g) Provincial-level People’s Committees may propose establishment of the units prescribed at Point a, Clause 4, Article 2 of this Decree;

h) Specialized agencies under provincial-level People’s Committees may propose the establishment of the units prescribed at Points b and c, Clause 4, Article 2 of this Decree;

i) Other administrative organizations under provincial-level People’s Committees may propose the establishment of the units prescribed at Point d, Clause 4, Article 2 of this Decree;

k) District-level People's Committees may propose establishment of the units prescribed in Clause 5, Article 2 of this Decree, which are subject to the decision-making competence of provincial-level People’s Committees in accordance with specialized law regulations;

l) Sectoral specialized agencies affiliated to district-level People's Committees may propose the establishment of the units operating in the respective sectors and fields prescribed in Clause 5, Article 2 of this Decree, which are subject to the decision-making competence of district-level People's Committees in accordance with specialized law regulations and as decentralized by provincial-level People’s Committees.

Article 10. Invitation of comments from relevant agencies and organizations

1. The agency or organization that proposes the establishment of a public non-business unit must send a draft scheme, written proposal, and draft decision of the competent agency or person to relevant agencies and organizations in accordance with the law regulations to invite their written comments on the establishment of the public non-business unit before sending them to the competent agency or organization for appraisal.

a) For public non-business units subject to the decision-making competence of the Government and the Prime Minister: The dossier of proposal for establishment shall be sent to the Ministries of Home Affairs, Justice, Finance, Planning and Investment, and the ministry managing the respective sector and field in which the public non-business unit operates, and relevant agencies (if any);

b) For public non-business units subject to the decision-making competence of the Ministers, heads of ministerial-level agency or Government-attached agencies, and heads of organizations established by the Government or the Prime Minister that are not public non-business units: The dossier of proposal for establishment shall be sent to personnel and organization, legal affairs, planning, and finance advisory organizations and relevant organizations (if any) to invite their comments;

c) For public non-business units subject to the decision-making competence of provincial-level People's Committees: The dossier of proposal for establishment shall be sent to specialized agencies in charge of home affairs, justice, finance, planning and investment under the provincial-level People's Committee, the specialized agency giving advice on the State management over the respective sector and field in which the public non-business unit operates, and relevant organizations (if any);

d) For public non-business units subject to the decision-making competence of district-level People's Committees: The dossier of proposal for establishment shall be sent to specialized agencies in charge of home affairs, justice, planning - finance under the district-level People's Committee, the specialized agency giving advice on the State management over the respective sector and field in which the public non-business unit operates, and relevant organizations (if any).

2. For the establishment of overseas public non-business units, additional comments from the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Public Security, and Ministry of National Defense shall be invited.

3. The invitation of comments from other agencies and organizations (other than the agencies and organizations prescribed in Clause 1 and Clause 2 of this Article) shall comply with specialized law regulations.

Article 11. Appraisal and establishment dossiers

1. The dossier sent to the appraising agency or organization shall comprise:

a) The written request for appraisal, which must be signed and stamped with the seal by the agency or organization that proposes the establishment in accordance with the regulations;

b) The draft written proposal for establishment of the public non-business unit;

c) The draft scheme for establishment of the public non-business unit;

d) The draft decision to establish the public non-business unit by the competent agency or person; the draft regulations on organization and operation of the public non-business unit, and other relevant documents (documents related to land, funds, and human resources);

dd) Written comments from relevant agencies and organizations on the establishment of the public non-business unit;

e) The report of the agency or organization that proposes the establishment on assimilation of and explanations given to comments of relevant agencies and organizations;

g) Other documents, which shall comply with specialized law regulations and instructions of the ministries managing the respective sectors and fields.

2. The dossier submitted to the competence or person competent to decide on the establishment of the public non-business unit shall comprise:

a) The written proposal of the agency or organization that proposes the establishment of the public non-business unit;

b) The scheme for establishment of the public non-business unit;

c) The draft decision to establish the public non-business unit by the competent agency or person; the draft regulations on organization and operation of the public non-business unit, and other relevant documents (documents related to land, funds, and human resources);

d) Appraisal documents of competent agencies or authorities;

dd) The report of the agency or organization that proposes the establishment on assimilation of and explanations given to comments of the appraising agency or organization;

e) The report of the agency or organization that proposes the establishment on assimilation of and explanations given to comments of relevant agencies and organizations (enclosed with written comments of relevant agencies and organizations) and other documents related to the establishment of the public non-business unit;

g) Other documents, which shall comply with specialized law regulations and instructions of the ministries managing the respective sectors and fields.

Article 12. Order for sending and receiving the establishment dossiers

1. The agency or organization that proposes the establishment of the public non-business unit shall send 01 establishment dossier to the appraising agency or organization prescribed in Clause 1, Article 13 of this Decree for appraisal. Should the dossier be sent to relevant agencies or organizations for cooperation or information, the names of those agencies and organizations will be listed in the addressee section of the document or written proposal for establishment (in cases where specialized law regulations otherwise prescribe, such regulations shall prevail).

2. The agency or organization that receives the dossier on the establishment of the public non-business unit shall make a list of documents received as prescribed.

3. The dossier to be sent shall comprise original documents signed and stamped with the seal by the agency or organization that proposes such establishment and other relevant documents as prescribed in Article 11 of this Article.

Article 13. Appraisal of the establishment of a public non-business unit

1. The appraising agency or organization

a) The Ministry of Home Affairs shall appraise the establishment of public non-business units subject to the decision-making authority of the Government or the Prime Minister;

b) The Departments (Boards) of Personnel and Organization of ministries, ministerial-level agencies, Government-attached agencies, organizations established by the Government or the Prime Minister that are not public non-business units shall appraise the establishment of public non-business units subject to the decision-making competence of the respective Ministers, heads of the Government-attached agencies; heads of organizations established by the Government or the Prime Minister that are not public non-business units;

c) The provincial-level People’s Committees’ specialized agencies giving advice on the State management over organizational structure shall appraise the establishment of public non-business units subject to the decision-making authority of the provincial-level People’s Committees;

d) The district-level People’s Committees’ specialized agencies giving advice on the State management over organizational structure shall appraise the establishment of public non-business units subject to the decision-making authority of the district-level People’s Committees;

dd) For public non-business units subject to specialized law regulations on operating criteria and conditions, the agencies responsible for applying such criteria and conditions for appraisal shall be determined by specialized law regulations.

2. The appraisal shall cover:

a) The necessity and legal grounds for the establishment of the public non-business unit;

b) Objectives, scope, subjects, name, type of organization, position, functions, tasks, powers and organizational structure; job positions, quantity of employees and public employees structured by professional titles; financial mechanism of the public non-business unit;

c) The dossier and procedures for establishing the public non-business unit in accordance with the regulations;

d) Operating conditions of the public non-business unit after its establishment;

dd) The satisfaction of the criteria and conditions for establishing and operating of the public non-business unit as prescribed by law;

e) The feasibility of the establishment of the public non-business unit;

g) The draft decision to establish the public non-business unit by the competent agency or person; the draft regulations on organization and operation of the public non-business unit.

The appraising organization shall request the agency or organization that proposes the establishment to provide written explanations or supplements for issues under debate or in doubt, or, under the authorization of the person competent to decide on the establishment of the public non-business unit, hold a meeting with the agency or organization that submits the scheme and relevant agencies to clarify such issues and send a report to the competent agency or person.

3. In cases where the decision to establish the public non-business unit is a legal document, the appraisal thereof shall comply with the law regulations on promulgation of legal documents.

Article 14. Decision on the establishment

The authority or person competent to decide on the establishment shall, based on the written request for establishment and the appraisal document, issue a written decision to establish the public non-business unit. The establishment decision must be aligned with the competence to establish public non-business units and comply with other relevant legal documents.

Article 15. Processing of the dossier and time limits regarding the establishment

1. Regarding the appraisal of the establishment of a public non-business unit

a) For the establishment of a public non-business unit subject to the decision-making competence of the Government or the Prime Minister, the time limit for appraisal is 15 days from the date of receiving a complete dossier as prescribed, after which the appraising agency or organization must send an appraisal document to the agency or organization that proposes the establishment;

b) For the establishment of a public non-business unit not subject to the decision-making competence of the Government or the Prime Minister, the time limit for appraisal is 10 days from the date of receiving a complete dossier as prescribed, after which the appraising agency or organization must send an appraisal document to the agency or organization that proposes the establishment.

2. Regarding the decision on the establishment of a public non-business unit

Within 25 days from the date the agency or organization that proposes the establishment of the public non-business unit completes the dossier based on the comments of the appraising agency or organization and submits it in accordance with the regulations, the competent agency or person must issue an establishment decision.

In cases where the agency or person competent to decide on the establishment disagrees with the establishment of the public non-business unit, it must send its written comments (including the reason for such disagreement) to the agency or organization that proposes the establishment of the public non-business unit.

3. In cases where the specialized law regulations otherwise prescribe the time limit for appraisal and decision to establish the public non-business unit, such specialized law regulations shall prevail.

Section 2
REORGANIZATION AND DISSOLUTION

Article 16. Scheme and written proposal for reorganization of a public non-business unit

1. A scheme for reorganization of a public non-business unit shall include the following information:

a) The information prescribed in Clause 2, Article 8 of this Decree;

b) The current status of organization and operation of the public non-business unit before reorganization;

c) The plan for settling issues related to organizational structure, personnel, finance, assets, land, and other relevant issues;

d) Documents of competent agencies and organizations certifying the finance, assets, land, loans, payable debts, and other relevant issues (if any);

dd) The regulations on responsibilities of the head of the public non-business unit and relevant individuals for the implementation of the plan for reorganization of the public non-business units, and the time limit for such implementation.

2. The details of the written proposal for reorganization of a public non-business unit is the same as that for establishment of a public non-business unit as prescribed in Article 9 of this Decree.

Article 17. Scheme and written proposal for dissolution of a public non-business unit

1. A scheme for dissolution of a public non-business unit shall include the following information:

a) The necessity and legal grounds for the dissolution;

b) The plan for settling issues related to organizational structure, personnel, finance, assets, land, and other relevant issues;

c) Documents of competent agencies and organizations certifying the finance, assets, land, loans, payable debts, and other relevant issues (if any);

d) The regulations on responsibilities of the head of the public non-business unit and relevant individuals for the implementation of the plan for dissolution of the public non-business units, and the time limit for such implementation.

2. The details of the written proposal for dissolution of a public non-business unit is the same as that for establishment of a public non-business unit as prescribed in Article 9 of this Decree.

Article 18. Dossiers, order and procedures for reorganization and dissolution of public non-business units

1. A dossier for reorganization or dissolution of a public non-business unit shall comprise:

a) The scheme for reorganization of for dissolution of the public non-business unit;

b) The written proposal for reorganization or dissolution of the public non-business unit;

c) The draft decision of the competent agency or person to reorganize or dissolve the public non-business unit;

d) Documents of competent agencies or organizations certifying the fulfillment of obligations related to finance, assets, land, loans, payable debts, and relevant issues (if any) in case of dissolution of the public non-business unit.

2. The invitation of comments from relevant agencies and organizations; the order for sending and receiving dossiers; appraisal; processing of dossiers and the time limits related to the reorganization and dissolution of a public non-business unit shall comply with the same regulations as applicable to the establishment of public non-business units.

Chapter III

COMPETENCE AND RESPONSIBILITIES

Article 19. Competence of the Government and the Prime Minister

1. The Government decides to establish, reorganize and dissolve: Public non-business units prescribed in the Decrees on defining the functions, tasks, powers and organizational structure of respective ministries, ministerial-level agencies, Government-attached agencies, and public non-business units subject to the Government's decision-making authority in accordance with specialized law regulations.

2. The Prime Minister shall:

a) Approve the master plan on the network of public non-business units by sector and field; promulgate a list of basic and essential public non-business services in each sector and field (unless the specialized law regulations otherwise prescribe);

b) Decide to establish, reorganize, dissolve: Public non-business units prescribed at Points a, b, Clause 1, Clause 2, Clause 3, Point a, Clause 4, Article 2 of this Decree (except for those prescribed in Clause 1 of this Article); public non-business units subject to the decision-making authority of the Prime Minister in accordance with specialized law regulations, and other public non-business units in accordance with the law regulations.

Article 20. Competence and responsibilities of the ministers managing the respective sectors and fields

1. Put forward the master plan on the network of public non-business units by sector and field to the Prime Minister in accordance with the law regulations and implement it after it is approved by the Prime Minister.

2. Issue specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public non-business units in the respective sectors and fields under their competence; assume the prime responsibility for and coordinate with the Ministry of Home Affairs and the Ministry of Finance in submitting to the Prime Minister for promulgation a list of basic and essential public non-business services in the respective sectors and fields.

3. Provide specific instructions on the functions, tasks, powers, organizational structure, and operating regulations of the Management Councils in sectoral public non-business units, and the relationship between the Management Councils and the heads of the respective public non-business units and superior management agencies in accordance with the law regulations, after obtaining comments from the Ministry of Home Affairs.

4. Issue standards and conditions for appointment and dismissal of members of the Management Councils and the Chairpersons of the Management Councils in accordance with specialized law regulations after obtaining comments from the Ministry of Home Affairs.

Article 21. Competence and responsibilities of Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, heads of organizations established by the Government or the Prime Minister that are not public non-business units

1. Ministers and heads of ministerial-level agencies shall decide to establish, reorganize and dissolve the following public non-business units:

a) The units prescribed at Points c, d, and dd, Clause 1, Article 2 of this Decree;

b) Other public non-business units as prescribed by specialized law.

2. Heads of Government-attached agencies and heads of organizations established by the Government or the Prime Minister that are not public non-business units shall decide to establish, reorganize, and dissolve other public non-business units in accordance with the law regulations.

3. Define the functions, tasks, powers and organizational structure of public non-business units under their management in accordance with the law regulations; approve the schemes on autonomy of public non-business units under their management; guide, inspect and supervise the implementation of the approved schemes.

4. Decide to establish Management Councils and approve the operating regulations of the Management Councils in public non-business units under their management in accordance with the law regulations and instructions of the ministries managing the respective sectors and fields.

5. Decide to appoint Chairpersons and other members of Management Councils in public non-business units that cover by themselves their current and capital expenditures and other public non-business units, which shall be decided by themselves in accordance with Point b, Clause 1, Article 7 of this Decree.

Article 22. Competence and responsibilities of the Minister of Home Affairs

1. Put forward regulations on the order and procedures for the establishment, reorganization, and dissolution of public non-business units, and deputy position quotas for public non-business units to the Government.

2. Coordinate with the ministries managing the respective sectors and fields in submitting lists of basic and essential public non-business services in each sector and field to the Prime Minister for promulgation.

3. Give comments to the ministries managing the respective sectors and fields on the promulgation of documents prescribed in Clauses 3 and 4, Article 20 of this Decree.

4. Cooperate with other Ministries, ministerial agencies, and provincial-level People’s Committees in checking and inspecting the establishment, reorganization, and dissolution of public non-business units.

5. Summarize and report the organization of public non-business units nationwide.

Article 23. Competence of the Minister of Finance

1. Guide or submit to competent authorities to issue documents prescribing the handling of finance and assets when reorganizing and dissolving public non-business units in accordance with the law regulations.

2. Guide on the allocation of capital and assets to public non-business units for them to provide public non-business services in accordance with the law regulations.

3. Coordinate with the ministries managing the respective sectors and fields in submitting lists of basic and essential public non-business services in each sector and field to the Prime Minister for promulgation.

Article 24. Competence and responsibilities of provincial-level People’s Committees, Chairpersons of provincial-level People’s Committees and district-level People's Committees

1. Provincial-level People’s Committees shall:

a) Decide to establish, reorganize and dissolve the following public non-business units: Units prescribed at Point b, Point c and Point d, Clause 4, Clause 5, Article 2 of this Decree and other public non-business units as prescribed by law;

b) Define the functions, tasks, powers and organizational structure of public non-business units affiliated to the provincial-level People’s Committees in accordance with the law regulations; approve the scheme on autonomy of public non-business units under their management; guide, inspect and supervise the implementation thereof in accordance with the approved schemes;

c) Decide to establish Management Councils and approve operating regulations of Management Councils in public non-business units under their management in accordance with specialized law regulations and instructions of the ministries managing the respective sectors and fields;

d) Implement decentralization in accordance with law regulations to the district-level People’s Committees, granting them the competence to decide on the establishment, reorganization, and dissolution of certain types of public non-business units.

2. Chairpersons of provincial-level People’s Committees shall:

a) Define the functions, tasks, powers and organizational structure of public non-business units prescribed at Points b, c and d, Clause 4 and Clause 5, Article 2 of this Decree in accordance with the law regulations;

b) Decide to appoint Chairpersons and other members of Management Councils in public non-business units that cover by themselves their current and capital expenditures and other public non-business units, which shall be decided by the provincial-level People’s Committees in accordance with Point b, Clause 1, Article 7 of this Decree.

3. District-level People’s Committees shall decide to establish, reorganize, dissolve the public non-business units prescribed in Clause 5, Article 2 of this Decree and define the functions, tasks, powers and organizational structure thereof in accordance with the law regulations and as decentralized by provincial-level People’s Committees.

Article 25. Competence and responsibilities of heads of public non-business units

1. To formulate their schemes on autonomy (including autonomy in task performance, organizational structure, personnel, and finance) and submit them to the competent authorities for approval; to organize the implementation of such schemes and be accountable to their direct superior management agencies and before the law for all details of their schemes on autonomy.

2. To ensure the quality of public non-business services according to the criteria and standards issued by competent State agencies.

3. To submit to the competent authorities for decisions on the establishment and definition of the functions, tasks, powers, and organizational structure of their Management Councils in accordance with the regulations.

4. To implement the regulations on transparency and accountability of their operations in accordance with the law regulations.

Article 26. Public non-business unit information provision and reporting regimes

1. The district-level People’s Committees shall be responsible for implementing the regime of providing information and reporting on the organization of public non-business units under their management to the provincial-level People’s Committees for the latter to report to agencies and organizations in accordance with the regulations.

2. Ministries, ministerial-level agencies, Government-attached agencies, organizations established by the Government and the Prime Minister that are not public non-business units, Vietnam National University - Hanoi, Vietnam National University - Ho Chi Minh City, and provincial-level People’s Committees shall:

a) Provide relevant agencies, organizations and individuals with information about public non-business units under their management in accordance with the law regulations.

b) Summarize data and send reports on public non-business units under their management to the ministries managing the respective sectors and fields and the Ministry of Home Affairs before December 20 on an annual basis for the latter to summarize them in accordance with the regulations.

Chapter IV
IMPLEMENTATION PROVISIONS

Article 27. Transitional provisions

1. Agencies and organizations that have sent schemes and written proposals to the authorities or persons competent to decide on the establishment, reorganization, or dissolution of public non-business units before the effective date of this Decree, but have not yet received decisions on the establishment, reorganization, or dissolution of public non-business units from such competent authorities or persons, must review and finalize the schemes to comply with this Decree and re-send the revised schemes to the authorities or persons competent to decide on the establishment following the order and procedures for establishment, reorganization, or dissolution of public non-business units prescribed in this Decree.

2. For public non-business units established before the effective date of this Decree

a) Units that do not meet the conditions on the minimum quantity of employees prescribed at Point d, Clause 1, Article 5 of this Decree must be reorganized before March 31, 2021;

b) Units with more deputy positions than the quantity prescribed in Article 6 of this Decree must, within 12 months, adjust the quantity of their deputy positions to comply with this Decree.

In cases where the reorganization of a public non-business unit results in an increase in the quantity of deputy positions beyond what is prescribed by this Decree, the agency directly managing such unit and the head of the unit must, within a maximum period of 03 years from the date of reorganization, arrange and assign reductions in the quantity of deputy positions to ensure compliance with this Decree. Additions to may only be made once the current quantity of deputy positions is lower that the requirement in this Decree.

3. Ministries, sectors and local authorities shall be responsible for reviewing the Management Councils in public non-business units under their management to improve them in accordance with this Decree.

Article 28. Application of this Decree to other subjects

Public non-business units affiliated to the Vietnam National University - Hanoi and Vietnam National University - Ho Chi Minh City; public non-business units affiliated to other public non-business units as prescribed in Clauses 1 thru 5, Article 2 of this Decree, and public non-business units affiliated to political organizations and socio-political organizations shall apply this Decree, the regulations of the Party, and relevant law regulations accordingly.

Article 29. Effect

This Decree takes effect from December 1, 2020 and supersedes Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government prescribing the order and procedures for establishment, reorganization, and dissolution of public non-business units; and annuls the regulations on autonomy in terms of organizational structure and Management Councils prescribed in Decree No. 16/2015/ND-CP dated February 14, 2015 of the Government prescribing the autonomy mechanism for public non-business units.

Article 30. Responsibilities for implementation

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, heads of agencies established by the Government and the Prime Minister other than public non-business units, chairpersons of provincial-level People’s Committees, heads of public non-business units, and relevant agencies and organizations shall be responsible for implementing this Decree./.