Decree No. 107/2020/ND-CP amending the Decree No. 24/2014/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to 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. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level departments)

1. To amend and supplement Clauses 1 and 2, Article 4 as follows:

“1. To submit to People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees):

a/ Draft decisions of provincial-level People’s Committees related to sectors and fields under provincial-level departments’ management and other documents as assigned by provincial-level People’s Committees;

b/ Draft plans on development of sectors and fields; programs and measures to organize the performance of tasks in sectors and fields in provincial-level localities under provincial-level departments’ management;

c/ Draft decisions to decentralize or authorize tasks of state management of sectors and fields to provincial-level departments, People’s Committees of districts, towns, provincial cities or municipal cities (below collectively referred to as district-level People’s Committees);

d/ Draft decisions defining the functions, tasks, powers and organizational structures of provincial-level departments; draft decisions defining the functions, tasks, powers and organizational structures of branches and public non-business units under provincial-level departments;

dd/ Draft decisions to socialize the provision of public non-business services in the sectors and fields falling within the competence of provincial-level People’s Committees and as decentralized by superior state agencies.

2. To submit to chairpersons of provincial-level People’s Committees draft documents falling within the promulgating competence of chairpersons of provincial-level People’s Committees as assigned.”

2. To amend and supplement Clause 6, Article 4 as follows:

“6. To guide the implementation of the mechanism on autonomy for public non-business units in the sectors and fields under their management in accordance with law; to manage the operation of public non-business units and non-public non-business units in sectors and fields.”

3. To amend and supplement Article 5 as follows:

“Article 5. Organizational structures of provincial-level departments  

1. A provincial-level department consists of:

a/ Specialized divisions;

b/ The Inspectorate (if any);

c/ The Office (if any);

d/ Branches and the equivalent (if any);

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

2. Criteria for establishment of a specialized division of a provincial-level department

a/ Having the function and task of advising on the state management of sectors or fields falling within the functions and tasks of the provincial-level department;

b/ Having a workload that requires the allocation of at least 7 civil servant payroll positions, for a division under a provincial-level department of Hanoi or Ho Chi Minh City; at least 6 civil servant payroll positions, for a division under a department of a grade-I province; or at least 5 civil servant payroll positions, for a division under a department of a grade-II or grade-III province.

3. The establishment of the Office of a provincial-level department must satisfy the criteria specified at Point b, Clause 2 of this Article. In case no office is established within a provincial-level department, a specialized division shall be assigned to perform the functions and tasks of the Office.

4. Criteria for establishment of a branch or the equivalent (below collectively referred to as a branch) of a provincial-level department

a/ Having objects of management in specialized sectors or fields falling within the functions and tasks of the provincial-level department in accordance with relevant specialized laws;

b/ Being decentralized or authorized 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 12 civil servant payroll positions.

5. Criteria for establishment of a division or the equivalent under a branch of a provincial-level department

a/ Having the function and task of advising on the state management of sectors or fields falling within the functions and tasks of the branch or advising on the internal administration of the branch;

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

4. To amend and supplement Article 6 as follows:

“Article 6. Heads and deputy heads of provincial-level departments, number of deputy heads of an organization or a unit under a provincial-level department

1. Head and deputy heads of a provincial-level department

a/ The head of a provincial-level department under a provincial-level People’s Committee (below collectively referred to as the Director) is a member of the provincial-level People’s Committee who is elected by the provincial-level People’s Council and appointed by the Chairperson of the provincial-level People’s Committee, and who shall take responsibility before the provincial-level People’s Committee and chairperson of the provincial-level People’s Committee and before law for the performance of the functions and tasks and exercise of the powers of his/her department, perform the tasks and exercise the powers of the member of the provincial-level People’s Committee under the Working Regulation and as assigned by the provincial-level People’s Committee;

b/ A deputy head of a provincial-level department under a provincial-level People’s Committee (below collectively referred to as Deputy Director) shall be appointed by the chairperson of the provincial-level People’s Committee at the proposal of the Director of the provincial-level department, assist the Director in performing one or several of tasks as assigned by the director, and take responsibility before the Director and before law for the performance of the assigned tasks. When the Director is absent, he/she shall authorize a Deputy Director to administer activities of the provincial-level department on the former’s behalf. A Deputy Director may not concurrently act as the head of an organization or a unit under the provincial-level department, unless otherwise prescribed by law;

c/ Number of deputy directors of a provincial-level department

Each provincial-level department may have 3 Deputy Directors on average. Based on the number of provincial-level departments established and the total number of Deputy Directors, the provincial-level People’s Committee shall decide on the specific number of Deputy Directors of each provincial-level department as appropriate. Particularly for Hanoi and Ho Chi Minh City, in addition to the average total number of Deputy Directors as prescribed, the number of Deputy Directors of a provincial-level department for each city must not exceed 10.

2. Number of deputy heads of a specialized division under a provincial-level department

a/ A division under a department of Hanoi or Ho Chi Minh City having under 10 civil servant payroll positions, a division under a department of a grade-I province having under 9 civil servant payroll positions, and a division under a department of a grade-II or grade-III province having under 8 civil servant payroll positions may have 1 deputy head;

b/ A division under a department of Hanoi or Ho Chi Minh City having between 10 civil servant payroll positions and 14 civil servant payroll positions, a division under a department of a grade-I province having between 9 civil servant payroll positions and 14 civil servant payroll positions, and a division under a department of a grade-II or grade-III province having between 8 civil servant payroll positions and 14 civil servant payroll positions may have no more than 2 deputy heads;

c/ A division under a provincial-level department having 15 or more civil servant payroll positions may have no more than 3 deputy heads.

3. Number of deputy chiefs of a provincial-level inspectorate

a/ A provincial-level inspectorate having under 8 civil servant payroll positions may have 1 deputy chief;

b/ A provincial-level inspectorate having 8 or more civil servant payroll positions may have no more than 2 deputy chiefs.

4. The number of deputy chiefs of the Office a provincial-level department must comply with Clause 2 of this Article.

5. Number of deputy heads of a branch under a provincial-level department

a/ A branch having between 1 division and 3 divisions or the equivalent may have 1 deputy head;

b/ A branch having no division, or having 4 or more divisions or the equivalent may have no more than 2 deputy heads.

6. Number of deputy heads of a division under a branch of a provincial-level department

a/ A division having under 7 civil servant payroll position may have 1 deputy head;

b/ A division having 7 or more civil servant payroll positions may have no more than 2 deputy heads.”

5. To amend and supplement Clauses 1 and 2, Article 8 as follows:

“1. Provincial-level Departments of Home Affairs: 

To advise and assist provincial-level People’s Committees in performing the function of state management of organizational apparatuses; working positions; payrolls of civil servants and structures of civil servant ranks in state administrative agencies and organizations; working positions and structures of public employees based on professional titles and numbers of employees in public non-business units; salaries of cadres, civil servants, public employees and contractual laborers in administrative agencies and organizations as well as public non-business units; administrative reform and reform of regimes on civil servants and public duties; local administrations; administrative boundaries; cadres, civil servants and public employees; commune-level cadres and civil servants and part-time officers in communes, villages and residential quarters; training and further training of cadres, civil servants and public employees as well as commune-level cadres and civil servants; associations and non-governmental organizations; state clerical and archives work; belief and religion; youth work; and emulation and commendation.

2. Provincial-level Departments of Justice:

To advise and assist provincial-level People’s Committees in performing the state management of law making and implementation; monitoring of law implementation; examination and handling of legal documents; law dissemination and education; legal affairs; notarization and certification; child adoption; commercial arbitration; civil status; nationality; criminal records; state compensation; lawyers and legal counseling; legal aid; judicial assessment; grassroots conciliation; asset auction; implementation of the law on handling of administrative violations; and other judicial matters as prescribed by law.”

6. To amend and supplement Clause 5, Article 8 as follows:

“5. Provincial-level Departments of Industry and Trade:

To advise and assist provincial-level People’s Committees in performing the function of state management of mechanical engineering; metallurgy; electricity; new energy; renewable energy; oil and gas (if any); chemicals; industrial explosives; mining industry and mineral processing (except building materials); consumer goods industry; food industry; supporting industries; other processing industries; handicraft industries; industrial extension; circulation of commodities in localities; import and export; trade promotion; e-commerce; trade services; management of competition; protection of consumer interests; international economic integration; and management of industrial clusters in localities.”

7. To amend and supplement Clauses 8 and 9, Article 8 as follows:

“8. Provincial-level Departments of Construction:

To advise and assist provincial-level People’s Committees in performing the state management of construction planning and architecture; construction investment activities; urban development; technical infrastructure facilities in urban areas, industrial parks, economic zones and hi-tech parks (covering water supply and drainage in urban areas, industrial parks, economic zones and hi-tech parks; urban lighting; urban parks and greeneries; management of cemeteries, except martyrs’ cemeteries; urban transport infrastructure, except management of the exploitation, use and maintenance of urban transport infrastructure; management of underground construction in urban areas; and management of the shared use of urban technical infrastructure); housing; working offices; real estate market; and building materials.

For Hanoi and Ho Chi Minh City, the Planning-Architecture Departments shall perform the function of advising the municipal People’s Committees on construction planning and architecture.

9. Provincial-level Departments of Natural Resources and Environment:

To advise and assist provincial-level People’s Committees in performing the state management of land; water resources; minerals and geology; environment; solid waste; hydrometeorology; climate change; survey and mapping; and integrated and unified management of sea areas and islands (for provinces having sea areas and islands).”

8. To amend and supplement Clauses 11 and 12, Article 8 as follows:

“11. Provincial-level Departments of Labor, Invalids and Social Affairs Departments:

To advise and assist provincial-level People’s Committees in performing the function of state management of labor, salaries and employment for enterprises; vocational education (except teacher training schools); social insurance; occupational safety and health; people with meritorious service to the country; social protection; children; gender equality; and prevention and combat of social evils.

12. Provincial-level Departments of Culture, Sports and Tourism:

To advise and assist provincial-level People’s Committees in performing the function of state management of culture; family; physical training, sports, tourism and advertising (except advertising on the press, in the internet and in publications, and integrated advertising in post, telecommunications and information technology products and services); and use of the national flag, national emblem, national anthem and portrait of President Ho Chi Minh.

For localities having provincial-level Departments of Tourism, provincial-level Departments of Tourism shall advise and assist provincial-level People’s Committees in performing the state management of tourism.”

9. To amend and supplement Clauses 16 and 17, Article 8 as follows:

“16. Provincial-level inspectorates:

To advise and assist provincial-level People’s Committees in performing the function of state management of inspection, settlement of complaints and denunciations, and corruption prevention and control; and receipt of citizens.

17. Offices of provincial-level People’s Committees:

To advise and assist provincial-level People’s Committees on working programs and plans of provincial-level People’s Committees and chairpersons of provincial-level People’s Committees; to control administrative procedures; to organize the implementation of the single-window and inter-agency single-window mechanisms in settlement of administrative procedures falling within the competence of localities; to organize, manage and publicize official information on activities of provincial-level People’s Committees and chairpersons of provincial-level People’s Committees; to act as focal points for portals and connection of e-administrative information systems serving the leading, direction and administration activities of provincial-level People’s Committees and chairpersons of provincial-level People’s Committees; to manage Cong Bao (Official Gazette) and serve general activities of provincial-level People’s Committees; within their competence, to assist chairpersons and vice chairpersons of provincial-level People’s Committees in performing their tasks and exercising their powers; to manage the internal administration work of the Offices.

In case no provincial-level Department of Foreign Affairs or Ethnic Affairs Committee is established, the Office of the provincial-level People’s Committee shall advise and assist the provincial-level People’s Committee in performing the state management of foreign affairs and ethnic affairs.”

10. To amend and supplement Article 9 as follows:

“Article 9. Particular provincial-level departments organized in a number of localities

1. Provincial-level Departments of Foreign Affairs:

To advise and assist provincial-level People’s Committees in performing the function of state management of foreign affairs and national border and territory affairs (for bordering provinces).

A provincial-level Department of Foreign Affairs may be established when meeting one of the following criteria:

a/ The province has an international land border gate(s);

b/ The province has an international air checkpoint(s);

c/ The province has an international seaport(s);

d/ The province has at least 500 foreign investment projects (or a total foreign investment capital exceeding VND 100 trillion) operating in the locality, more than 4,000 foreigners currently living and working in the locality, and an annual import-export turnover of VND 100 trillion or more, and has signed international cooperation agreements with 5 or more localities.

2. Ethnic Affairs Committees:

To advise and assist provincial-level People’s Committees in performing the function of state management of ethnic affairs.

An Ethnic Affairs Committee may be established when fully meeting the following criteria:

a/ Having at least 20,000 ethnic minority people who live in village or hamlet communities;

b/ Having at least 5,000 ethnic minority people who need the State’s assistance and support for development;

c/ Having ethnic minority people who live in critical security and defense areas; areas with interwoven residence and cultivation; or border areas witnessing frequent travel by many ethnic minority people of Vietnam and neighboring countries.

3. Provincial-level Departments of Tourism:

To advise and assist provincial-level People’s Committees in performing the function of state management of tourism.

A provincial-level Department of Tourism may be established when fully meeting the following criteria:

a/ The province has a tangible cultural heritage(s) recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a World Heritage Site or has outstanding tourism potential and resources (national tourist area, national tourist site or tourist urban area, or large-scale and prominent tourist attraction and resort area);

b/ The province’s tourism industry is identified as a spearhead economic sector in the local socio-economic development orientations, and the economic value from tourism in the annual gross domestic product (GDP) of the province reaches 10% or more for 5 consecutive years.

4. Planning-Architecture Departments (established in Hanoi and Ho Chi Minh City):

 To advise and assist the municipal People’s Committees in performing the function of state management of construction planning and architecture.”

11. To amend and supplement Article 10 as follows:

“Article 10. The Minister of Home Affairs

1. To submit to the Government the framework of criteria for holders of leadership and managerial titles of provincial-level departments, branches, divisions under provincial-level departments, divisions under branches of provincial-level departments, and divisions of district-level People’s Committees.

2. To coordinate with line ministries in guiding the functions, tasks and powers of specialized agencies of provincial-level and district-level People’s Committees.

3. To summarize and monitor the arrangement and organization of the apparatuses of specialized agencies under provincial-level and district-level People’s Committees.

4. To conduct examination and inspection, and settle complaints and denunciations according to his/her competence.”

12. To amend and supplement Article 11 as follows:

“Article 11. Ministers and heads of ministerial-level agencies

1. To provide provincial-level departments with professional direction, guidance and examination in the sectors and fields under their management.

2. To provide specialized agencies under provincial-level and district-level People’s Committees with guidance on the performance of functions and tasks and exercise of powers in the sectors and fields under their management, and guide the functions, tasks and powers of branches under provincial-level departments.

3. To guide the performance of functions and tasks and the exercise of powers and organizational structures of public non-business units under provincial-level departments in the sectors or fields under their management.

4. To conduct examination and inspection, and settle complaints and denunciations according to their competence.”

13. To amend and supplement Article 12 as follows:

“Article 12. Provincial-level People’s Committees

1. To define the functions, tasks and powers of provincial-level departments in accordance with the guidance of line ministries; to decide on the organizational structure and number of Deputy Directors of provincial-level departments in conformity with the requirements of state management of sectors and fields in localities and the criteria specified in this Decree.

2. To define the functions, tasks and powers of branches under provincial-level departments in accordance with the guidance of line ministries; to decide on the establishment of branches under provincial-level departments and their organizational structures in accordance with this Decree.

3. To decide on the establishment, reorganization and dissolution of public non-business units under provincial-level departments in accordance with law, ensuring compliance with the master plan on the network of public non-business units in sectors and fields as approved by the Prime Minister and guided by line ministries and the Ministry of Home Affairs.

4. To decide on decentralization to district-level People’s Committees, and decentralization or authorization to provincial-level departments and their directors to perform one or several of tasks and powers falling within the competence of provincial-level People’s Committees in accordance with law.

5. Based on the Government’s framework regulations and at the proposal of Directors of provincial-level Departments of Home Affairs, to specify criteria for holders of leadership and managerial titles of provincial-level departments, branches under provincial-level departments, divisions and the equivalent under provincial-level departments, divisions under branches of provincial-level departments, and specialized divisions of district-level People’s Committees, ensuring conformity with local characteristics and guaranteeing that such criteria are not lower than those stated in the Government’s framework regulations.

6. Annually, to report on the organization and operation of provincial-level departments to provincial-level People’s Councils, the Ministry of Home Affairs and line ministries.

7. To conduct examination and inspection, and settle complaints and denunciations according to their competence.”

14. To amend and supplement Article 13 as follows:

“Article 13. Chairpersons of provincial-level People’s Committees

1. To lead and direct provincial-level departments to perform their assigned functions and tasks.

2. The appointment, re-appointment, relief from duty, approval of resignation, transfer, rotation, commendation, disciplining, and retirement of, and implementation of regimes and policies toward, Directors and Deputy Directors of provincial-level departments must comply with regulations of the Party and law.

3. To decide on the number of deputy heads of agencies and units under provincial-level departments at the request of Directors of provincial level departments in conformity with the criteria specified in this Decree.”

Article 2. Transitional provisions

1. Localities which have implemented pilot consolidation and merger of specialized agencies under the Political Bureau’s Conclusion No. 34-KL/TW of August 7, 2018, on implementation of a number of pilot models under Resolution No. 18-NQ/TW of October 25, 2017, shall summarize the pilot implementation at the request of competent agencies.

2. The rearrangement of organizations under provincial-level departments according to the criteria specified in this Decree shall be completed before March 31, 2021.

3. In the course of reorganization, the numbers of deputy heads of the organizations and units formed as a result of consolidation or merger may be 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 fill the vacancy of such deputy head 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, the number of deputy heads in such organizations and units is compliant with law.

Article 3. Effect

This Decree takes effect on November 25, 2020.

Article 4. 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