Decree 83/2024/ND-CP amend Decree 123/2016/ND-CP, Decree 10/2016/ND-CP, Decree 120/2020 establishment of public non-business units/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 01, 2016, defining the functions, tasks, powers, and organizational structures of ministries and ministerial-level agencies, which was amended and supplemented under the Government’s Decree No. 101/2020/ND-CP of August 28, 2020; the Government’s Decree No. 10/2016/ND-CP of February 01, 2016, on government-attached agencies, which was amended and supplemented under by the Government’s Decree No. 47/2019/ND-CP of June 05, 2019 and the Government’s Decree No. 120/2020/ND-CP of October 07, 2020, defining establishment, reorganization, and dissolution of public non-business units

            Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 15, 2010 Law on Public Employees; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees;

At the proposal of the Minister of Home Affairs

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 01, 2016, defining the functions, tasks, powers, and organizational structures of ministries and ministerial-level agencies, which was amended and supplemented under the Government’s Decree No. 101/2020/ND-CP of August 28, 2020; the Government’s Decree No. 10/2016/ND-CP of February 01, 2016, on government-attached agencies, which was amended and supplemented under the Government’s Decree No. 47/2019/ND-CP of June 05, 2019; and the Government’s Decree No. 120/2020/ND-CP of October 07, 2020, defining establishment, reorganization, and dissolution of public non-business units.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 01, 2016, defining the functions, tasks, powers, and organizational structures of ministries and ministerial-level agencies, which was amended and supplemented under the Government’s Decree No. 101/2020/ND-CP of August 28, 2020

1. To add Point c to Clause 2, Article 18b, which was supplemented under Clause 7, Article 1 of Decree No. 101/2020/ND-CP as follows:

“c) Ministers, heads of ministerial-level agencies shall decide or decentralize to decide on the number of deputy heads of sub-bureau/sub-agency/sub-authority, ensuring each sub-bureau/sub-agency/sub-authority satisfying one of the following criteria has no more than 3 deputy heads on average:

To execute tasks of handling administrative procedures 24/24  hours a day as prescribed by law, civil servants (including leaders of the sub-bureau/sub-agency/sub-authority) must be arranged to work 3 shifts/day and assigned at least 30 civil servants;

To be assigned to manage according to inter-provincial and inter-district areas, including at least 09 departments or equivalent organizations under the sub-bureau’s/sub-agency’s/sub-authority's organizational structures as prescribed by law;”.

2. To amend Points a, b, Clause 5, Article 22 of Decree No. 123/2016/ND-CP, which was amended and supplemented under Clause 12, Article 1 of Decree No. 101/2020/ND-CP as follows:

“a) A department under a directorate having between 15 and 20 civil servants, a bureau/agency/authority (except bureaus/agencies/authorities in localities), the inspectorate and office of a general department/directorate having under 4 organizations may have no more than 2 deputy heads

b) For a department under a directorate having 20 or more civil servants; a bureau/agency/authority (except bureaus/agencies/authorities in localities), the inspectorate and office of a general department/directorate having 4 or more organizations, the minister or head of the ministerial-level agency shall decide on the number of deputy heads of its bureaus/agencies/authorities, ensuring each bureau/agency/authority has no more than 3 deputy heads on average;’’.

Article 2. Amending and supplementing Point a, Clause 6, Article 4 of the Government’s Decree No. 10/2016/ND-CP of February 01, 2016, which was amended and supplemented under Clause 2, Article 1 of the Government’s Decree No. 47/2019/ND-CP of June 06, 2020

“a) A department or office having 15 to 20 civil servants or public employees may have no more than 02 deputy heads; for a department or office having more than 20 civil servants or public employees, the head of the government-attached agency shall decide on the number of deputy heads of its bureaus/agencies/authorities, ensuring each bureau/agency/authority has no more than 3 deputy heads on average;”.

Article 3. Amending and supplementing Point c, Clause 2, Article 6 of the Government’s Decree No. 120/2020/ND-CP of October 07, 2019, defining establishment, restructuring, and dissolution of public non-business units

“c) For public non-business units financing part of their regular expenditures and non-business units with regular expenditures covered by the state budget:

Units under the organizational structure of ministries and ministerial-level agencies may have no more than 3 deputy heads in each unit on average.

Units specified at Point a, Clause 1 (excluding units under the organizational structure of ministries, ministerial-level agencies), Clause 2, and Point a, Clause 4, Article 2 of this Decree, which have 20 public employees or less, may have no more than 02 deputy heads, those having more than 20 public employees may have no more than 03 deputy heads. Top of Form

The units specified at Points b, c, d, dd, Clause 1, Clause 3, Points b, c, d, Clause  4, and Clause  5,Article 2 of this Decree may have no more than 02 deputy heads. Hospitals of grade I and above; health non-business units  of grade I or above, that performing the tasks of disease control and prevention at the provincial level and above; secondary schools with multiple grade levels and a scale of 40 classes or more, may have no more than 03 deputy heads”.Top of Form

Article 4. Effect

1. This Decree takes effect on September 01, 2024.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees and relevant agencies, organizations, and individuals shall implement this Decree.

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