Decree No. 158/2018/ND-CP the establishment, reorganization, dissolution of administrative organizations

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Decree No. 158/2018/ND-CP dated November 22, 2018 of the Government on providing the establishment, reorganization and dissolution of administrative organizations
Issuing body: GovernmentEffective date:
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Official number:158/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:22/11/2018Effect status:
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Fields:Administration , Organizational structure

SUMMARY

New administrative organizations must not overlapped with the tasks of others

On November 22, 2018, the Government issues the Decree No. 158/2018/ND-CP on Providing the establishment, reorganization and dissolution of administrative organizations.

Accordingly, administrative organizations will be established when the following conditions are fully met:

- Having the legal basis;

- Meeting the law- prescribed criteria on establishment;

- Having the state management scope and objects according to branches, domains or fields of internal management of the administrative organizations;

- Having the functions, tasks and powers not overlapped with the functions, tasks and powers of other administrative organizations;

- Forms and sizes of the established administrative organizations must conform to their functions, tasks and powers and the state administrative reform requirements.

Administrative organizations shall be reorganized upon the adjustment of their functions, tasks, powers, organizational structures…or in case they operate inefficiently.

Additionally, the establishment, reorganization and dissolution of administrative organizations must strictly comply with the conditions, order, procedures and competence defined in relevant legal documents; the establishment and reorganization of administrative organizations must ensure the quantity frame of organizations as provided by competent authorities.

This Decree takes effect on January 10, 2019.

 

 

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Effect status: Known

THE GOVERNMENT

Decree No. 158/2018/ND-CP dated November 22, 2018 of the Government on Providing the establishment, reorganization and dissolution of administrative organizations

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

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

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree providing the establishment, reorganization and dissolution of administrative organizations.

Chapter I

GENERAL PROVISIONS

Article 1. This Decree prescribes the principles, conditions, order, procedures and competence for establishment, reorganization and dissolution of administrative organizations.

Article 2. Subjects of application

1. Administrative organizations established under decisions of, and directed and managed personally by, the Prime Minister.

2. Administrative organizations of ministries, ministerial-level agencies (here below referred to as ministries for short), comprising:

a/ The offices, inspectorates, departments, general departments and equivalent organizations in the organizational structures of ministries;

b/ The offices, inspectorates (if any), departments and equivalent organizations in the organizational structures of general departments and equivalent organizations (here below referred to as the general departments for short);

c/ Sections in the organizational structures of the offices, inspectorates, departments and equivalent organizations of ministries;

d/ Sections in the organizational structures of the offices, departments and equivalent organizations of general departments;

dd/ Sub-departments and equivalent organizations in the organizational structure of departments under the ministries (here below referred to as sub-departments of departments under the ministries);

e/ Sub-departments and equivalent organizations in the organizational structure of departments under the general departments (here below referred to as sub-departments of the general departments);

g/ Sections and equivalent organizations in the organizational structures of sub-departments of departments of ministries;

h/ Sections and equivalent organizations in the organizational structures of sub-departments of general departments.

3. Administrative organizations of the government-attached agencies (if any):

a/ Administrative organizations of government-attached agencies;

b/ Sections in the organizational structures of administrative organizations under the government-attached agencies.

4. Administrative organizations in provinces, centrally run cities (here below referred to as provincial-level for short), comprising:

a/ Professional agencies of the provincial-level People’s Committees (here below referred to as provincial/municipal departments for short);

b/ Offices, inspectorates, professional sections, sub-departments and equivalent organizations in the organizational structures of the provincial/municipal departments;

c/ Sections in the organizational structures of sub-departments under the provincial/municipal departments;

d/ Other administrative organizations of the provincial-level People’s Committees;

dd/ Offices, sections, sub-departments and equivalent organizations in the organizational structures of other administrative organizations under the provincial-level People’s Committees.

5. Administrative organizations of rural districts, urban districts, provincial towns, provincial cities, municipal cities (here below referred to as district-level for short), comprising:

a/ Professional bodies of the district-level People’s Committees (here below referred to as district-level sections for short);

b/ Other administrative organizations of the district-level People’s Committees.

6. This Decree will not apply to the establishment, reorganization and dissolution of the following agencies:

a/ Ministries, ministerial-level agencies, government-attached agencies;

b/ Provincial-level People’s Councils and People’s Committees;

c/ District-level People’s Councils and People’s Committees;

d/ The People’s Councils and the People’s Committees of communes, wards, townships.

Article 3. Term interpretation

In this Decree, the terms below will be construed as follows:

1. Administrative organizations are those assigned the advisory function to assist heads of agencies or organizations in the performance of state management tasks with regard to branches or domains or advise on internal management of agencies or organizations, and established under provisions of law.

2. Equivalent organizations mean administrative organizations with positions, functions and tasks as the administrative organizations defined at Clause 2 and Points b and dd of Clause 4 of Article 2 of this Decree but have different names and are established under provisions of law.

3. Reorganization of administrative organizations means the restructure and consolidation of administrative organizations by modes of separation, merger, consolidation, transformation or adjustment of their functions and tasks in order to form new administrative organizations.

Article 4. Principles on establishment, reorganization and dissolution of administrative organizations

1. The establishment, reorganization and dissolution of administrative organizations must strictly comply with the conditions, order, procedures and competence defined at this Decree and other relevant legal documents; new organizations shall be established only in really necessary particular cases due to practical requirements.

2. The establishment and reorganization of administrative organizations must ensure the quantity frame of organizations as provided by the Government, the Prime Minister or competent authorities.

Article 5. Conditions on establishment, reorganization and dissolution of administrative organizations

1. Administrative organizations will be established when the following conditions are fully met:

a/ Having the legal basis;

b/ Meeting the law- prescribed criteria on establishment;

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