Decree 128/2025/ND-CP decentralization and delegation of authority in state management in the field of home affairs

DECREE

Providing regulations on decentralization and delegation of authority in state management in the field of home affairs

Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

Pursuant to the National Assembly's Resolution No. 190/2025/QH15 dated February 19, 2025, providing for the settlement of certain issues related to the reorganization of the state apparatus;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree providing regulations on decentralization and delegation of authority in state management in the field of home affairs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on the competence, order, and procedures for the performance of tasks and exercise of powers of competent agencies and persons in the field of home affairs as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, decrees of the Government, and decisions of the Prime Minister that need to be adjusted to implement decentralization and delegation of authority.

Article 2. Principles of decentralization and delegation of authority

1. Ensuring conformity with the provisions of the Constitution, and compliance with the principles and provisions on decentralization, and delegation of authority provided in the Law on Organization of the Government and the Law on Organization of Local Administration.

2. Ensuring thorough delegation of tasks between central state agencies and local administrations; ensuring the unified management authority of the Government, the executive power of the head of the Government over the state management in the field of home affairs, and promoting the initiative, creativity, and self-responsibility of local administrations in the performance of state management tasks in the field of home affairs.

3. Ensuring that the Government, the Prime Minister, ministries, and ministerial-level agencies focus on performing macro-level state management tasks; institutional development, strategic, planning, and policy formulation in a synchronized and unified manner, assuming the role of enablers and enhancing inspection, examination, and supervision.

4. Intensifying decentralization and delegation of authority, and clearly defining the competence of People's Councils, People's Committees, and Chairpersons of People's Committees; ensuring alignment with the assigned tasks, powers, and capacity of agencies and persons competent to perform the assigned tasks and exercise the delegated powers. In case the Chairperson of a provincial-level People's Committee is assigned a task by the Minister of Home Affairs, he/she may delegate the task to a subordinate level for implementation.

5. Implementing decentralization and delegation of authority among related sectors and fields in a synchronized, holistic, and interconnected manner, avoiding omission or overlap and intersection of tasks; ensuring the legal basis for normal, continuous, and uninterrupted operations of agencies; preventing work disruptions, overlapping, duplication, or omission of functions, tasks, sectors, and localities.

6. Ensuring human rights and citizens’ rights; ensuring publicity, transparency, and creating favorable conditions for individuals and organizations to access information, exercise rights and obligations, and carry out procedures in accordance with law; without affecting the normal activities of society, people, and enterprises.

7. Ensuring non-interference with the implementation of treaties and international agreements to which the Socialist Republic of Viet Nam is a contracting party.

8. The resources for the performance of decentralized and delegated tasks shall be guaranteed by the state budget in accordance with regulations.

Article 3. Fees and charges

In case administrative procedures require the payment of fees and charges in accordance with the law on fees and charges, individuals and organizations shall pay the prescribed fees and charges to the dossier-receiving agency upon submission of dossiers requesting the settlement of administrative procedures.

The fee and charge rates, and the management and use of fees and charges shall comply with the regulations of the Government, the Minister of Finance, or the provincial-level People’s Council corresponding to the respective fees and charges.

Chapter II

DECENTRALIZATION AND DELEGATION OF SPECIFIC TASKS

Article 4. Delegation of state management tasks concerning persons with meritorious services to the revolution

1. The task of organizing the launching of the emulation movement to serve as a basis for the recognition of martyrs and war invalids as prescribed at Point k, Clause 1, Article 14 and Point k, Clause 1, Article 23 of the Ordinance on Preferential Treatment of Persons with Meritorious Services to the Revolution shall be carried out by Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial-level People’s Committees managing the agencies, organizations, and units that issue certificates of martyrdom or injury.

2. The funding for the implementation of preferential treatment policies for persons with meritorious services to the revolution in provinces and centrally-run cities shall be allocated from the central budget as targeted transfers to local budgets and shall be assigned to provincial-level People’s Committees for implementation. The management, use and final settlement shall comply with the Law on the State Budget.

3. The task of stipulating the functions, tasks, organizational structure, and policies and regimes applicable to social establishments for the nurturing and convalescence of persons with meritorious services and to the units managing cemeteries of martyrs as prescribed in Clause 6, Article 48 of the Ordinance on Preferential Treatment of Persons with Meritorious Services to the Revolution shall be assigned as follows:

a) The Minister of Home Affairs shall perform such task in respect of establishments for the nurturing and convalescence of persons with meritorious services under the Ministry of Home Affairs’ management;

b) The provincial-level People’s Committees shall perform such task in respect of establishments for the nurturing and convalescence of persons with meritorious services and units managing cemeteries of martyrs under provincial management.

4. The order and procedures for performing the task prescribed in Clause 1 of this Article shall be as follows:

Agencies, organizations, or units managing individuals who die or are injured under circumstances specified at Point k, Clause 1, Article 14 and Point k, Clause 1, Article 23 of the Ordinance on Preferential Treatment of Persons with Meritorious Services to the Revolution shall prepare a written submission requesting the Minister, Head of the ministerial-level agency, or Chairperson of the provincial-level People’s Committee to issue a decision on organizing the launching of the emulation movement.

5. The order and procedures for performing the task prescribed at Point b, Clause 3 of this Article shall be as follows:

The provincial-level Department of Home Affairs shall prepare a dossier (clearly stating and explaining the contents on functions, tasks, organizational structure, and policies and regimes applicable to the social establishments for the nurturing and convalescence of persons with meritorious services and units managing cemeteries of martyrs) requesting the provincial-level People’s Committee to consider and issue a decision.

Article 5. Decentralization of state management tasks concerning persons with meritorious services to the revolution

1. The task and power to determine the number of employees at establishments for the nurturing and convalescence of persons with meritorious services, as prescribed in Article 134 of Decree No. 131/2021/ND-CP dated December 30, 2021, of the Government, detailing and providing measures for the implementation of the Ordinance on Preferential Treatment of Persons with Meritorious Services to the Revolution, shall be assigned as follows:

a) The Minister of Home Affairs shall perform such task in respect of establishments for the nurturing and convalescence of persons with meritorious services under the Ministry of Home Affairs;

b) The Chairpersons of provincial-level People’s Committees shall perform such task in respect of establishments for the nurturing and convalescence of persons with meritorious services under the management of provincial-level People’s Committees.

2. The task and power to determine the number of employees at units managing cemeteries of martyrs with 500 graves or more, and the number of caretakers for cemeteries with fewer than 500 graves, under the management of provincial-level People’s Committees as prescribed in Article 136 of Decree No. 131/2021/ND-CP shall be exercised by Chairpersons of the provincial-level People’s Committees.

3. The expenditure tasks prescribed in Clause 3, Article 11 of the Government's Decree No. 75/2021/ND-CP dated July 24, 2021, providing for the levels of allowances, subsidies, and preferential treatment policies for persons with meritorious services to the revolution shall be implemented as follows:

a) The Chairperson of the provincial-level People’s Committee shall carry out expenditures for renovation, upgrading, repair, and maintenance of martyrs’ monuments, temples of martyrs, and memorial steles inscribed with names of martyrs using central budget funds with support levels ranging from VND 10 billion to under VND 15 billion per provincial-level work;

b) The Chairperson of the commune-level People’s Committee shall carry out expenditures for renovation, upgrading, repair, and maintenance of martyrs’ monuments, temples of martyrs, and memorial steles inscribed with names of martyrs using central budget funds with support levels of under VND 10 billion per commune-level work.

4. The task and power to consider and decide on the admission of special cases to establishments for the nurturing and convalescence of persons with meritorious services under provincial management as prescribed in Article 112 of Decree No. 131/2021/ND-CP shall be exercised by the Chairperson of the provincial-level People’s Committee.

5. The task and power to approve plans and cost estimates for sampling of remains of martyrs as prescribed in Article 147 of Decree No. 131/2021/ND-CP shall be exercised by the Chairperson of the provincial-level People’s Committee.

6. The following tasks and powers prescribed in Decree No. 131/2021/ND-CP shall be exercised by the provincial-level Department of Home Affairs:

a) Receiving and transferring dossiers for re-examination and re-assessment of bodily injury rate in cases of recurring special wounds and adjustment of entitlements as prescribed in Clause 2, Article 41;

b) Appraising dossiers for recognition of injured persons not belonging to the army or police force as prescribed at Point b, Clause 3, Article 81;

c) Making payments of entitlements to relatives and individuals involved in identifying the remains of martyrs using empirical methods as prescribed in Article 145;

d) Notifying the results of the DNA testing process as prescribed in Article 148.

7. The order and procedures for performing the task prescribed at Point b, Clause 1 and Clause 2 of this Article shall be as follows:

a) Step 1: The provincial-level Department of Home Affairs shall, based on the functions, tasks, and organizational structure of the establishments, propose and prepare a list of employees associated with the salary policies applicable to public employees and workers as prescribed by the Government for establishments for the nurturing and convalescence of persons with meritorious services under its management, as well as the number of employees at units managing cemeteries of martyrs with 500 or more graves and the number of caretakers for cemeteries of martyrs with fewer than 500 graves under its management;

b) Step 2: The provincial-level Department of Home Affairs shall submit a written proposal to the Chairperson of the provincial-level People’s Committee for consideration and determination of the number of employees;

c) Step 3: The Chairperson of the provincial-level People’s Committee shall issue a decision specifying the number of employees at establishments for the nurturing and convalescence of persons with meritorious services; and a decision specifying the number of employees at units managing cemeteries of martyrs with 500 or more graves and the number of caretakers for cemeteries of martyrs with fewer than 500 graves;

d) Step 4: The provincial-level Department of Home Affairs shall provide guidance to establishments for the nurturing and convalescence of persons with meritorious services and commune-level People’s Committees on the recruitment, employment, and management of staff working at cemeteries of martyrs.

8. The order and procedures for performing the task prescribed in Clause 4 of this Article shall be as follows:

The provincial-level Department of Home Affairs shall prepare a list of special cases to be admitted to establishments for the nurturing and convalescence of persons with meritorious services under provincial management (including full names of individuals and reasons for the proposed admission to the establishment) and submit it to the Chairperson of the provincial-level People’s Committee for consideration and decision on admission.

9. The order and procedures for performing the task prescribed in Clause 5 of this Article shall be as follows:

a) With respect to the receipt of remains of martyrs that have been repatriated but whose identities have not yet been determined:

The provincial-level Department of Home Affairs of the locality receiving the remains of martyrs, within one working day, shall: Receive the remains and the samples of the martyrs’ remains handed over by the repatriation unit; check the condition of the remains, assigning sample codes in accordance with Appendix VIII to Decree No. 131/2021/ND-CP; and update the burial location of the remains in the martyrs’ cemetery database;

In cases where information about the relatives of the martyr is available, notify and guide such relatives to send comparison samples of the martyr's relative to the provincial-level Department of Home Affairs;

Send the sample to the DNA testing unit for analysis; in the case of a relative’s comparison sample, enclose the corresponding sample code of the martyr’s remains;

Prepare a record of sample submission using Form No. 82 provided in Appendix I to Decree No. 131/2021/ND-CP, and submit it to the Ministry of Home Affairs for monitoring and compilation.

b) In case of relocation, upgrading, or repair of a martyrs’ cemetery involving martyr graves:

The provincial-level Department of Home Affairs of the locality managing the graves shall prepare a plan and cost estimate for sampling the remains of martyrs and submit it to the Chairperson of the provincial-level People’s Committee for decision;

The Chairperson of the provincial-level People’s Committee or the provincial-level Department of Finance (if authorized or delegated) shall approve the plan and cost estimate and transfer the funding to the provincial-level Department of Home Affairs for implementation;

The provincial-level Department of Home Affairs shall assume the prime responsibility for, and coordinate with the DNA testing unit in, carrying out the sampling of remains within 20 days; prepare a record of the handover of the martyrs’ remains using Form No. 81 provided in Appendix I to Decree No. 131/2021/ND-CP, and submit it to the Ministry of Home Affairs for monitoring and compilation;

The provincial-level Department of Home Affairs shall notify and guide the martyrs’ relatives to submit comparison samples where such information exists, and send those samples, along with the corresponding sample codes of the martyrs’ remains, to the DNA testing unit.

c) In cases specified at Points c and d, Clause 1, Article 146 of Decree No. 131/2021/ND-CP:

A representative of the martyr’s relative or the beneficiary of the martyr worship subsidy shall submit a written request for DNA testing to identify the remains of the martyr using Form No. 30 provided in Appendix I to Decree No. 131/2021/ND-CP, accompanied by a copy of the “To Quoc Ghi Cong” Certificate and the Confirmation of the Place of Sacrifice using Form No. 44 provided in Appendix I to Decree No. 131/2021/ND-CP, to the provincial-level Department of Home Affairs managing the original dossier;

Within 05 working days from the date of receiving all required documents, the provincial-level Department of Home Affairs managing the original dossier shall conduct the review, and if the managed dossier contains information about the martyr and their relatives, issue a written notice to the provincial-level Department of Home Affairs managing the grave, enclosing all required documents and a certified extract of the martyr’s dossier;

Within 20 days from the date of receiving the complete documents, the provincial-level Department of Home Affairs managing the grave shall review the information regarding the grave’s location, inscriptions on the tombstone, condition of the remains, and information on the repatriation; If sufficient grounds exist, the following steps shall be taken:

Take a sample of the martyr’s remains and prepare a record of sample handover using Form No. 82 provided in Appendix I to Decree No. 131/2021/ND-CP;

Notify and guide the martyr’s relatives to submit comparison samples to the provincial-level Department of Home Affairs;

Settle costs related to sampling the remains (if applicable);

Submit the martyr’s remains sample and the relatives’ comparison sample, along with the written documents and sampling records to the DNA testing unit; and send all written documents and certified copies to the Ministry of Home Affairs for monitoring and compilation.

d) In cases prescribed at Point dd, Clause 1, Article 146 of Decree No. 131/2021/ND-CP:

The representative of the martyr’s relative or the beneficiary of the martyr worship subsidy shall comply with the procedures specified at Point c of this Clause; The provincial-level Department of Home Affairs shall follow the order and procedures as prescribed at Point c of this Clause.

10. The order and procedures for performing the task prescribed at Point c, Clause 6 of this Article shall be as follows:

Within 20 days from the date of receipt of a request from the subjects prescribed in Clauses 1 and 2, Article 145 of Decree No. 131/2021/ND-CP, the provincial-level Department of Home Affairs shall make payments to the representative of the martyr’s relative, the beneficiary of the martyr worship subsidy, or the authorized organization or individual.

11. The order and procedures for performing the task prescribed at Point d, Clause 6 of this Article shall be as follows:

a) Within 03 working days from the date of receipt of the DNA testing result, the provincial-level Department of Home Affairs managing the martyr’s grave shall notify the DNA testing result to the representative of the martyr’s relative (or the beneficiary of the martyr worship subsidy), the provincial-level Department of Home Affairs managing the original dossier, and the Ministry of Home Affairs;

b) The provincial-level Department of Home Affairs managing the martyr’s grave shall return the DNA-tested sample of the martyr’s remains to the martyr’s grave within 07 days from the date of receipt of the DNA testing result;

c) In cases where the martyr’s identity is determined: The provincial-level Department of Home Affairs managing the martyr’s grave shall issue a decision to confirm the identity of the previously unidentified remains of the martyr using Form No. 76 provided in Appendix I to Decree No. 131/2021/ND-CP; issue a martyr’s grave information notice to the martyr’s relative within 05 working days from the date of receiving the relevant document; and notify the provincial-level Department of Home Affairs managing the original dossier; engrave the updated information on the martyr’s tombstone.

Article 6. Decentralization of state management tasks in the field of local administration

1. Tasks and powers regarding the decision on recognition of safe zone areas as prescribed at Point dd, Clause 6, Article 2 of the Government’s Decree No. 25/2025/ND-CP dated February 21, 2025, defining the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs, shall be performed by the Minister of Home Affairs.

2. The task and power regarding the recognition of safe zone communes and island communes as prescribed at Point dd, Clause 6, Article 2 of Decree No. 25/2025/ND-CP shall be performed by the Chairperson of the provincial-level People’s Committee.

3. The order, procedures and dossiers for performing the task prescribed in Clause 1 of this Article shall be as follows:

a) Order and procedures for requesting the recognition of a safe zone area:

Based on the criteria for determining a safe zone area as prescribed by the Prime Minister, the provincial-level People’s Committee shall prepare a dossier to request the recognition of a safe zone area within its locality and report it to the Standing Board of the provincial-level Party Committee.

The provincial-level People’s Committee shall issue a written request to the Minister of Home Affairs (enclosed with the dossier) for consideration and decision. In case the dossier is incomplete as prescribed, within 05 working days from the date of receipt, the Ministry of Home Affairs shall issue a written reply and provide instructions for the provincial-level People's Committee to complete the dossier;

b) The dossier requesting recognition of a safe zone area shall include:

A written request of the provincial-level People’s Committee submitted to the Minister of Home Affairs for recognition of the safe zone area.

Scientific dossier of the safe zone area, including: The historical and geographical section of the area (clearly stating the former and current names of the communes in the area; the current location, area, and population of the communes in the area; specifying and analyzing the historical revolutionary relics and events, and achievements in service of the revolution that have been recognized by competent authorities, which occurred in the area; and other contents (if any)); A summary table of the historical revolutionary relics and events; Related documents, materials, images, confirmations by historical witnesses, and other contents (if any).

Summary report of the provincial-level People’s Committee on the communes proposed for recognition as a safe zone area (including the appraisal report of the provincial level and relevant accompanying documents).

4. The order, procedures, and dossiers for performing the task of recognizing a safe zone commune as prescribed in Clause 2 of this Article are as follows:

a) Order and procedures for recognizing a safe zone commune:

Based on the criteria for determining a safe zone commune as prescribed by the Prime Minister, the commune-level People’s Committee shall prepare a dossier for recognition as a safe zone commune and report it to the Standing Board of the commune-level Party Committee.

The commune-level People’s Committee shall send a document proposing the Chairperson of the provincial-level People’s Committee to recognize the safe zone commune and send an official dispatch to the provincial-level Department of Home Affairs for appraisal (enclosed with the dossier).

The provincial-level Department of Home Affairs shall assume the prime responsibility for, and coordinate with relevant agencies in, appraising and submitting to the Chairperson of the provincial-level People’s Committee for consideration and decision. In case the dossier is not satisfactory as prescribed, within 05 working days from the date of receipt of the dossier, the provincial-level Department of Home Affairs shall issue a written guidance requesting the commune-level People’s Committee to complete the dossier;

b) The dossier requesting recognition of a safe zone commune shall include:

A written proposal of the commune-level People’s Committee submitted to the Chairperson of the provincial-level People’s Committee for recognition of the safe zone commune (enclosed with the dossier);

An official letter of the commune-level People’s Committee submitted to the provincial-level Department of Home Affairs requesting appraisal;

Dossier of the safe zone commune, including: The historical and geographical section (clearly stating the former and current names of the commune; the current location, area, and population of the commune; specifying and analyzing the historical revolutionary relics and events, and achievements in service of the revolution that have been recognized by competent authorities, which occurred in the area; and other contents (if any)); A summary table of the historical revolutionary relics and events; Related documents, materials, images, confirmations by historical witnesses, and other contents (if any).

5. The order, procedures, and dossier for performing the task of recognizing an island commune as prescribed in Clause 2 of this Article are as follows:

Based on the criteria for determining an island commune as prescribed by the Prime Minister, the commune-level People’s Committee shall prepare a dossier for recognition as an island commune and report it to the Standing Board of the commune-level Party Committee.

The commune-level People’s Committee shall prepare a dossier, including a proposal; report on the socio-economic, national defense, and security situation of the commune; supporting documents evidencing that the commune meets the criteria and conditions for being recognized as an island commune; and submit it to the Chairperson of the provincial-level People’s Committee for recognition of the island commune, and send the dossier to the provincial-level Department of Home Affairs for appraisal.

The provincial-level Department of Home Affairs shall assume the prime responsibility for, and coordinate with relevant agencies in, appraising and submitting to the Chairperson of the provincial-level People’s Committee for consideration and decision. In case the dossier is not satisfactory as prescribed, within 03 working days from the date of receipt of the dossier, the provincial-level Department of Home Affairs shall issue a written guidance requesting the commune-level People’s Committee to complete the dossier.

Article 7. Delegation of state management tasks in the field of labor and wages applicable to employers and employees working under labor contracts

1. The task and power to provide for the functions, tasks, organizational structure, and operation of the National Wage Council as prescribed in Clause 3, Article 92 of the Labor Code shall be performed by the Prime Minister.

2. The task of announcing the specific dates of annual public holidays and Tet holidays as prescribed in Clause 3, Article 112 of the Labor Code shall be performed by the Minister of Home Affairs (applicable to cadres, civil servants, public employees, and employees working in administrative agencies, non-business units, political organizations, and socio-political organizations).

Article 8. Decentralization of state management tasks concerning foreign workers in Vietnam

1. The task and power to determine whether an expert being foreign worker as prescribed at Point c, Clause 3, Article 3 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, as amended and supplemented under the Government’s Decree No. 70/2023/ND-CP dated September 18, 2023 (hereinafter referred to as Decree No. 152/2020/ND-CP), shall be exercised by the Chairperson of the provincial-level People’s Committee.

2. The task and power to approve the demand for employing foreign workers; to certify cases not subject to work permit issuance; and to issue, re-issue, extend, and revoke work permits for foreign workers as prescribed at Points a and b, Clause 1, Article 30 of Decree No. 152/2020/ND-CP shall be exercised by the Chairperson of the provincial-level People’s Committee where the foreign worker is expected to work.

3. The order and procedures for performing the task of determining whether a foreign worker is an expert under Clause 1 of this Article are as follows:

a) Step 1: Within 03 working days from the date of receipt of the employer’s dossier for a work permit involving a special case as specified at Point c, Clause 3, Article 3 of Decree No. 152/2020/ND-CP, the provincial-level Department of Home Affairs shall submit a proposal to the Chairperson of the provincial-level People’s Committee for consideration and decision (the proposal must clearly state the advisory opinion of the provincial-level Department of Home Affairs regarding whether the foreign worker qualifies as an expert in the special case);

b) Step 2: The Chairperson of the provincial-level People’s Committee shall notify a decision on application of the special case for an expert being foreign worker within 03 working days; in case the worker is not deemed to qualify as an expert, the reason must be specified.

Article 9. Delegation of state management tasks concerning occupational safety and health

1. The commune-level People’s Committee shall have tasks and powers as prescribed in Articles 6 and 19 of the Law on Occupational Safety and Health, including:

a) Receiving notifications from employees regarding the risk of occupational safety hazards at workplaces within the area, in order to take timely measures to prevent acts that endanger occupational safety and health, as prescribed at Point c, Clause 4, Article 6;

b) Receiving notifications from employers in the event of incidents seriously endangering occupational safety and health, taking emergency response actions and promptly implementing remedial measures, as prescribed at Point a, Clause 2, Article 19;

c) Proactively taking response measures upon the occurrence of technical incidents seriously endangering occupational safety and health involving multiple production or business establishments within the locality, and promptly reporting to the provincial-level Department of Home Affairs, as prescribed at Point c, Clause 2, Article 19.

2. The order and procedures for performing the task prescribed in Clause 1 of this Article shall be as follows:

Upon receipt of notifications from employees or employers, the commune-level People’s Committee must promptly assign personnel and implement appropriate technical measures to prevent and respond to occupational safety hazards at workplaces within the area. Where the situation exceeds its competence, it shall report to the provincial-level Department of Home Affairs and request technical assistance from competent local agencies or professional organizations.

Article 10. Delegation of state management tasks concerning Vietnamese guest workers under contracts

1. The provincial-level People’s Committee where the enterprise is headquartered shall have tasks and powers prescribed by the Law on Vietnamese Guest Workers under Contracts, including:

a) Receiving and issuing written approvals for worker source preparation for service enterprises as prescribed in Clauses 1 and 3, Article 18;

b) Receiving reports and providing written responses to enterprises that have won or received contracts to execute works or projects abroad as prescribed in Clauses 1 and 3, Article 31;

c) Receiving reports after the enterprise's completion of overseas contracts; requesting enterprises that have won or received contracts to execute works or projects abroad to make extraordinary reports as prescribed in Clause 8, Article 32;

d) Receiving reports and providing written responses to Vietnamese organizations or individuals making offshore investment as prescribed in Clauses 1 and 3, Article 34;

dd) Receiving reports and providing written responses to enterprises registering to send Vietnamese workers abroad for occupational knowledge and skills training or improvement for a duration of less than 90 days as prescribed at Point b, Clause 1 and Clause 2, Article 39.

2. The task and power to issue written certification of registration of labor contracts as prescribed in Clause 3, Article 50 of the Law on Vietnamese Guest Workers under Contracts shall be performed by the commune-level People’s Committee where the worker resides permanently.

3. The order and procedures for performing the task prescribed in Clause 1 of this Article shall be as follows:

Enterprises winning or receiving contracts to execute overseas works or projects to send Vietnamese workers abroad shall report to the provincial-level People’s Committee on the sending of Vietnamese workers abroad, after completing the overseas contract, no later than 10 days after the workers re-enter the country.

Article 11. Decentralization of state management tasks concerning Vietnamese guest workers under contracts

Tasks and powers prescribed in the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021, detailing a number of articles of, and providing measures for implementing, the Law on Vietnamese Guest Workers, shall be performed by the provincial-level People’s Committee where the enterprise is headquartered, including:

1. Issuing written approvals for registration for provision of the services of sending Vietnamese workers abroad to work as domestic workers in accordance with Article 21;

2. Receiving and certifying the list of Vietnamese workers sent abroad to work as domestic workers in accordance with Article 22;

3. Issuing a written request to the deposit-receiving bank to release the deposit to the enterprise (applicable to vocational training contracts with training periods of 90 days or more overseas) in accordance with Article 28.

Article 12. Decentralization of state management tasks concerning social funds and charity funds

Tasks and powers regarding the issuance of establishment licenses and recognition of charters; approval of merger, consolidation, division, separation, dissolution, and renaming of funds; temporary suspension of operations; permission for resumption of operations after temporary suspension; recognition of eligibility for operation; recognition of members of the fund management council; reissuance of establishment licenses; recognition of amendments and supplements to charters; expansion of scope of operation; and revocation of establishment licenses as prescribed in Article 18 of the Government’s Decree No. 93/2019/ND-CP dated November 25, 2019, on the organization and operation of social funds and charity funds, as amended and supplemented under the Government's Decree No. 136/2024/ND-CP dated October 23, 2024 (hereinafter referred to as Decree No. 93/2019/ND-CP), shall be performed by the Chairperson of the provincial-level People’s Committee with respect to: Funds operating within the province (including funds established and operated within the provincial or communal scope with the contribution of assets from foreign organizations or individuals and Vietnamese citizens or organizations); excluding funds operating within a commune.

Article 13. Delegation of state management tasks concerning gender equality

1. Tasks and powers regarding the promulgation of strategies and national objectives on gender equality and the submission of annual reports to the National Assembly on the implementation of national gender equality objectives as prescribed in Clause 1, Article 25 of the Law on Gender Equality shall be performed by the Prime Minister.

2. Tasks and powers regarding the prescription and implementation of criteria for gender classification in state statistical information as prescribed in Clause 5, Article 25 of the Law on Gender Equality shall be performed by the Minister of Finance.

Article 14. Decentralization of state management tasks in the field of clerical work and state archival affairs

1. The Minister of Home Affairs has the task and authority to decide which state agencies and organizations other than those prescribed in Clause 1, Article 18 of the Law on Archives have to submit dossiers and documents to the central historical archives of the State.

2. The Chairpersons of provincial-level People’s Committees have the task and authority to decide which state agencies and organizations other than those prescribed in Clause 2, Article 18 of the Law on Archives have to submit dossiers and documents to the local historical archives of the State.

Chapter III

IMPLEMENTATION PROVISIONS

Article 15. Effect

1. This Decree takes effect from July 1, 2025.

2. This Decree ceases to be effective on March 01, 2027, except for the following cases:

a) Ministries or ministerial-level agencies report to the Government with proposals which are approved by the National Assembly for the extension of the application period of the whole or part of this Decree;

b) In case laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, or decisions of the Prime Minister providing powers, responsibilities for state management, order, and procedures as stipulated in this Decree are adopted or promulgated from July 01, 2025, and take effect before March 01, 2027, and the corresponding provisions of this Decree cease to be effective from the effective date of such legal normative documents.

3. During the effective period of the provisions of this Decree, if the provisions on powers, responsibilities for state management, order, and procedures under this Decree differ from those of relevant legal normative documents, the provisions of this Decree shall prevail.

4. To replace and supplement a number of phrases in Appendix I to Decree No. 152/2020/ND-CP as follows:

a) To replace the phrase “Ministry of Labor, Invalids and Social Affairs (the Department of Employment)” with the phrase “provincial-level People’s Committee/provincial-level Department of Home Affairs” in Forms No. 01/PLI, 02/PLI, 03/PLI, 09/PLI, 10/PLI, 11/PLI, 13/PLI;

b) To replace the phrase “From January 1, 2024” with the phrase “From July 1, 2025”; to replace the phrase “Portal of the Ministry of Labor, Invalids and Social Affairs (the Department of Employment)” with the phrase “Portal of the provincial-level People’s Committee” in Forms No. 01, 02/PLI;

c) To replace the phrase “Director General/Director” with the phrase “Chairperson of the provincial-level People’s Committee/Director of the provincial-level Department of Home Affairs” in Form No. 03/PLI;

d) To replace the phrase “Director of the Department of Employment” with the phrase “Chairperson of the provincial-level People’s Committee/Director of the provincial-level Department of Home Affairs” in Forms No. 10/PLI, 13/PLI;

dd) To replace the phrase “Director of the Department of Employment (the Ministry of Labor, Invalids and Social Affairs)” with the phrase “Chairperson of the provincial-level People’s Committee/Director of the provincial-level Department of Home Affairs” in Form No. 12/PLI.

5. To replace the phrase “Ministry of Labor, Invalids and Social Affairs” with the phrase “provincial-level People’s Committee” in Form No. 10 provided in Appendix I to Decree No. 112/2021/ND-CP.

6. To annul Point e, Clause 3, Article 3 and the Appendix to the Government's Decree No. 74/2024/ND-CP dated June 30, 2024, prescribing minimum wage levels applicable to employees working under labor contracts.

7. The list of commune-level areas where the minimum wage applies to employees working under labor contracts from July 1, 2025, is specified in Appendix I to this Decree.

Where the application of monthly minimum wage and hourly minimum wage to employees working for employers according to commune-level areas in the Appendix to this Decree results in a lower minimum wage than that before July 1, 2025, the employer shall continue to apply the minimum wage level as previously applied for the district-level area before July 1, 2025, until new regulations of the Government are issued.

Article 16. Transitional provisions and implementation responsibility

1. Tasks currently being handled by agencies or persons with delegated or decentralized authority and that have been partially implemented but not yet completed prior to the effective date of this Decree shall continue to be implemented and resolved.

2. Documents, licenses, and certificates issued by agencies or persons with delegated or decentralized authority prior to the effective date of this Decree and that remain valid or have not yet expired shall continue to be applied and used until the expiration date stated therein.

Organizations or individuals that wish to have such documents, licenses, or certificates amended or reissued by agencies, organizations, units, or individuals with delegated or decentralized authority, shall submit a written request to the competent agency, organization, unit, or individual for resolution.

3. Agencies or persons receiving the delegated or decentralized performance of state management functions and tasks in the field of home affairs shall:

a) Review the delegated or decentralized tasks as provided in this Decree in order to revise, supplement, and publish the Decision on the list of administrative procedures under their competence; ensure that the handling of administrative procedures after decentralization is consistent and uninterrupted;

b) Inherit all dossiers, documents, steps of implementation, and outcomes of the resolution conducted by the agency or person with previously decentralized authority before the effective date of this Decree. It is not allowed to request individuals or organizations to resubmit previously submitted dossiers; not to re-perform steps in administrative procedures that have already been implemented prior to the decentralization;

c) Report annually, before December 31, on the implementation results of the delegated or decentralized tasks to the agency or person with delegated or decentralized authority;

d) Propose that the agency or person with delegated or decentralized authority adjust the contents of the delegated or decentralized tasks or powers if difficulties arise in practice that exceed their competence.

4. In case the legal normative documents referred to in this Decree are amended, supplemented, or replaced, the new ones shall apply, except for the contents on delegation and decentralization as provided in this Decree.

5. Agencies or persons with delegated or decentralized authority shall guide and inspect the implementation of the tasks and powers under this Decree.

6. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree./.