Decree No. 101/2020/ND-CP amending the Decree No. 123/2016/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies^[1]

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 Law on Organization of Local Administration;

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 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies:

1. To amend Clauses 1 and 2, Article 13 as follows:

“1. To submit to the Government for:

a/ Defining the functions, tasks, powers and organizational structures of ministries and government-attached agencies under their management;

b/ Deciding on the establishment, reorganization and dissolution of ministry-attached agencies and organizations, including general departments/directorates and equivalent bodies (below collectively referred to as general departments/directorates), departments and equivalent bodies (below collectively referred to as departments), bureaus/agencies/authorities and equivalent bodies (below collectively referred to as bureaus/agencies/authorities).

2. To submit to the Prime Minister for:

a/ Deciding on the establishment, reorganization and dissolution of public non-business units under the Prime Minister’s deciding competence;

b/ Defining the functions, tasks, powers and organizational structures of general departments/directorates under ministries;

c/ Deciding on the establishment, reorganization and dissolution of general department/directorate-attached agencies and organizations, including departments and equivalent bodies (below collectively referred to as departments), bureaus/agencies/authorities and equivalent bodies (below collectively referred to as bureaus/agencies/authorities).”

2. To amend Clause 6, Article 13 as follows:

“6. To guide the functions, tasks and powers of specialized agencies of People’s Committees of provinces and centrally run cities and People’s Committees of districts, towns, provincial cities and municipal cities in sectors and fields under their management.”

3. To amend Clauses 7 and 8, Article 13 into Clause 7, Article 13 as follows:

“7. To manage working positions and rank-based structure of civil servants and professional title-based structure of public employees, civil servant payroll positions and number of employees of their public non-business units in accordance with law.”

4. To amend and supplement Clause 3, Article 14 as follows:

“3. To specify criteria for leading and managerial title holders of ministry-attached agencies and units.”

5. To amend and supplement Clause 3, Article 18 as follows:

“3. No division shall be organized within a department. For a department in charge of different working domains and having a workload that requires at least 30 civil servant payroll positions allocated by a competent authority (below referred to as civil servant payroll positions), the department may establish divisions; the number of divisions within a department of a ministry (if any) shall be specified in the decree defining the functions, tasks and powers and organizational structure of the ministry.”

6. To amend and supplement Clause 5, Article 18 as follows:

“5. Criteria for establishment of departments:

a/ A department may be established when fully satisfying the following criteria:

Having the function and task of advising on the state management of sectors or fields under functions and tasks of the ministry;

Having management scope and objects within sectors or fields under the ministry’s management;

Having a workload that requires the allocation of at least 15 civil servant payroll positions.

b/ A department performing the function and task of advising on internal administration may be established when having a workload that requires the allocation of at least 15 civil servant payroll positions.”

7. To add the following Articles 18a and 18b:

“Article 18a. Criteria for establishment of divisions and equivalent bodies (below collectively referred to as divisions), number of deputy heads of a division

1. A division under a bureau/agency/authority of a ministry may be established when fully satisfying the following criteria:

a/ Having the function and task of advising on the state management of sectors or fields under functions and tasks of the bureau/agency/authority or being tasked to advise on internal administration of the bureau/agency/authority;

b/ Having a workload that requires the allocation of at least 7 civil servant payroll positions.

2. A division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry may be established when fully satisfying the following criteria:

a/ Having the function and task of advising on the state management of sectors or fields under functions and tasks of the sub-bureau/sub-agency/sub-authority or being tasked to advise on internal administration of the sub-bureau/sub-agency/sub-authority;

b/ Having a workload that requires the allocation of at least 5 civil servant payroll positions.

3. Number of deputy heads of a division:

a/ A division under a bureau/agency/authority of a ministry having between 7 and 9 civil servant payroll positions may have 1 deputy head; that having between 10 and 15 civil servant payroll positions may have no more than 2 deputy heads; and that having 16 or more civil servant positions may have no more than 3 deputy heads.

b/ A division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry having between 5 and 7 civil servant payroll positions may have 1 deputy head; and that having 8 or more civil servant payroll positions may have no more than 2 deputy heads.

4. Criteria for establishment and number of deputy heads of a division under the inspectorate, office or a department under a ministry and a division under the office, a bureau/agency/authority under a general department/directorate of a ministry are the same as those for a division under a bureau/agency/authority of a ministry.

5. Criteria for establishment and number of deputy heads of a division under sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a general department/directorate of a ministry are the same as those for a division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry.

Article 18b. Criteria for establishment of sub-bureaus/sub-agencies/sub-authorities and equivalent bodies (below collectively referred to as sub-bureaus/sub-agencies/sub-authorities), number of deputy heads of a sub-bureau/sub-agency/sub-authority

1. A sub-bureau/sub-agency/sub-authority under a bureau/agency/authority of a ministry may be established when fully satisfying the following criteria:

a/ Having objects of management in specialized sectors or fields under functions and tasks of bureaus/agencies/authorities in accordance with specialized laws;

b/ Being decentralized or authorized by the director to decide on issues under the director’s deciding competence;

c/ Having a workload that requires the allocation of at least 15 civil servant payroll positions.

2. Number of deputy heads of a sub-bureau/sub-agency/sub-authority under a bureau/agency/authority of a ministry:

a/ A sub-bureau/sub-agency/sub-authority having between 1 division and 3 divisions may have 1 deputy head; and that having 4 or more divisions may have more than 2 deputy heads;

b/ A sub-bureau/sub-agency/sub-authority having no division may have no more than 2 deputy heads.

3. Criteria for establishment and number of deputy heads of a sub-bureau/sub-agency/sub-authority under a bureau/agency/authority of a general department/directorate of a ministry are the same as those for a sub-bureau/sub-agency/sub-authority under a bureau/agency/authority of a ministry”.

8. To amend Clause 3, Article 19 as follows:

“The office may establish divisions according to criteria for establishment of divisions and its assigned tasks.”

9. To amend Clause 3, Article 20 as follows:

“3. The inspectorate has its own seal and account and may establish professional divisions in accordance with law.”

10. To amend and supplement Clauses 3 and 4, Article 21 as follows:

“3. A bureau/agency/authority may be established when fully satisfying the following criteria:

a/ Having objects of management in specialized sectors or fields under the ministry’s state management in accordance with specialized laws;

b/ Being decentralized or authorized by the Minister to decide on issues within the scope of state management of specialized sectors or fields;

c/ Having a workload that requires the allocation of at least 30 civil servant payroll positions.

4. A bureau/agency/authority consists of:

a/ Divisions;

b/ The office;

c/ The inspectorate (if any);

d/ Sub-bureaus/sub-agencies/sub-authorities (if any);

dd/ Public non-business units (if any).”

11. To amend and supplement Clauses 3 and 4, Article 22 as follows:

“3. A general department/directorate may be established when fully satisfying the following criteria:

a/ Having objects of state management in specialized sectors or fields that are large, complex and important to the socio-economic development;

b/ Having specialized sectors or fields subject to centralized and uniform management at the central level and consideration by the Government for decision in special cases;

c/ Being decentralized or authorized by the Minister to decide on issues within the scope of state management of specialized sectors or fields;

4. A general department/directorate consists of:

a/ Departments;

b/ The office;

c/ Bureaus/agencies/authorities (if any);

d/ The inspectorate (if any);

dd/ Public non-business units (if any).

The establishment of departments and bureaus/agencies/authorities of a general department/directorate must satisfy the criteria for establishment of departments and bureaus/agencies/authorities of a ministry. No divisions may be established within a department of a general department/directorate. 

For a general department/directorate hierarchically organized, the establishment of its bureaus/agencies/authorities and sub-bureaus/sub-agencies/sub-authorities of such bureaus/agencies/authorities (if any) in localities shall be stated in the decision defining the functions, tasks, powers and organizational structure of the general department/directorate.”

12. To add the following Clause 5 to Article 22:

“5. Number of deputy heads of a department, bureau/agency/authority, the inspectorate, and the office under a general department/directorate of a ministry:

a/ A department under a general department/directorate having between 15 and 20 civil servant payroll positions may have no more than 2 deputy heads; and that having 20 or more civil servant payroll positions may have no more than 3 deputy heads;

b/ 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; and that having 4 or more organizations may have no more than 3 deputy heads;

c/ For a general department/directorate hierarchically organized and having its bureaus/agencies/authorities in localities, the concerned minister or head of ministerial-level agency shall decide on the number of deputy heads of its bureaus/agencies/authorities, ensuring each bureau/agency/authority has 3 deputy heads on average.”

13. To add the following Clause 3 to Article 31:

“3. In the course of reorganizing their structures, merged or consolidated organizations and units may have the number of deputy heads larger than those specified in this Decree provided that when a deputy head retires or is transferred to another working position, such organizations and units may not add their deputy heads and shall take solutions to adjust and rearrange the excessive number of deputy heads so that within 3 years from the date of merger or consolidation, such organizations and units have the number of deputy heads in compliance with law.”

Article 2. Effect

This Decree takes effect on November 15, 2020.

Article 3. Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC