Decree 303/2025/ND-CP defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies

DECREE

Defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies^[1]

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree generally provides the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as ministries); criteria for establishment, and the maximum number of deputy heads of organizations and units of ministries.

2. The functions, tasks and powers related to sector-specific management activities of ministries must comply with the decrees defining their functions, tasks, powers and organizational structures.

3. The provisions of this Decree regarding the organizational structures of ministries do not apply to the Ministry of National Defense and the Ministry of Public Security.

4. Names of ministries and names of agencies, organizations and units of ministries shall be translated into foreign languages for international transactions under relevant guidance of the Ministry of Foreign Affairs.

Article 2. Positions and functions of ministries

Positions and functions of ministries must comply with Articles 22 and 23 of the Law on Organization of the Government.

Article 3. Principles of organization and operation of ministries

1. To clearly define tasks, powers and responsibilities of ministries, ministers, and heads of ministerial-level agencies (below referred to as ministers); ministers shall take overall responsibility for all activities of their ministries.

2. To organize apparatuses of ministries as institutions capable of managing multi-sectors and multi-fields and in a neat, performance-oriented, effective and efficient manner.

3. To determine the number of deputy heads of agencies and organizations, ensuring that the number of deputy heads of a subordinate organization does not exceed the number of deputy heads of its immediately superior organization. For agencies and organizations of the same level, the number of deputy heads of an agency or organization without internal organizational units must not exceed the number of deputy heads of an agency or organization with internal organizational units. In case it is necessary to increase the number of deputy heads beyond the limit specified by the competent authority, to report such to the competent authority for consideration and decision.

4. To promote decentralization of powers and authorization in the organization and operation of ministries in accordance with law.

5. Subordinate organizations and units of ministries shall perform the tasks and exercise the powers of state management as decentralized to them in accordance with law; and shall perform the tasks and exercise the powers as authorized in accordance with law and working regulations of agencies, organizations and units.

6. To ensure publicity, transparency and modernity of operations of ministries.

Article 4. Tasks and powers of ministries

1. To submit to the Government and the Prime Minister for consideration and decision according to their competence or to submit to competent authorities for decision issues in the sectors and fields under their state management as assigned by the Government and the Prime Minister.

2. To submit to the competent authority for promulgation strategies, master plans, plans, and policies for the development of the sectors and fields under their management as assigned in accordance with law; and to organize the implementation of the approved strategies, master plans, plans, programs and projects, and the performance of their tasks as assigned by the Government and the Prime Minister.

3. To decide on issues falling under their state management according to their competence.

4. To direct and organize law dissemination and education activities under their state management.

5. To guide and inspect, and coordinate with related agencies in the performance of, tasks in their assigned sectors and fields.

6. To manage finances and assets, and manage their cadres, civil servants, public employees, organizational apparatuses, payrolls, administrative reform, and other tasks within the ambit of their functions, tasks and powers in accordance with law.

7. To perform their tasks and exercise their powers in accordance with law in the sectors and fields managed and assigned by the Government.

Chapter II

ORGANIZATIONAL STRUCTURES OF MINISTRIES

Article 5. Organizational structures of ministries

1. The organizational structure of a ministry consists of:

a/ Departments and equivalent bodies (below collectively referred to as departments);

b/ The Office (if any);

c/ The Inspectorate (if any);

d/ Bureaus/agencies/directorates and equivalent bodies (below collectively referred to as bureaus/agencies/directorates);

dd/ Public non-business units.

2. Public non-business units shall be specified in the decree defining the functions, tasks and powers and organizational structure of each ministry, including:

a/ Sector-specific strategy and policy research units;

b/ Newspapers; journals; information centers;

c/ Schools, centers or institutes/academies performing the function of training and further training of cadres, civil servants and public employees.

Article 6. Departments of ministries

1. A department is an institution of a ministry, functioning to give general or specialized advices on the state management of sectors or fields or on internal administration work of the ministry.

2. A department has neither the legal person status nor its own seal and account. The director of a department may only sign documents under the order of the Minister to guide and settle professional issues related to the functions and tasks of his/her department.

3. A department shall operate under the headship regime combined with the specialist regime.

4. Criteria for establishment of a department

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 at least 15 civil servants on the state payroll.

b/ A department performing the function and task of advising on internal administration may be established when there is a workload that requires at least 15 civil servants on the state payroll.

Article 7. The Offices of ministries

1. The Office is an institution of a ministry, functioning to give general advices on working programs and plans and serve operations of the ministry, assist the Minister in summarizing, monitoring and urging institutions and units of the ministry to implement such programs and plans, perform tasks related to administrative, clerical and archival work, control administrative procedures and carry out the administrative procedure reform, and implement single-window and inter-agency single-window mechanisms in the settlement of administrative procedures within the ministry’s competence, perform its internal administration work, manage physical and technical foundations, assets and expenses for operation, and ensure working facilities and conditions as assigned by the Minister, and perform other tasks specified by law or assigned by the Minister.

2. The organizational structure of the Office consists of:

a/ Divisions and equivalent bodies (below collectively referred to as divisions);

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

3. The Office has its own seal and account; the chief of the Office may sign administrative documents under the order of the Minister as assigned by the Minister; the Chief of the Office may sign documents on issues within the Office’s competence and append the Office’s seal on such documents.

Article 8. The Inspectorate of the State Bank of Vietnam

The Inspectorate of the State Bank of Vietnam must comply with the Law on Inspection and relevant legal documents.

Article 9. Ministerial bureaus/agencies/directorates

1. A bureau/agency/directorate is an institution of a ministry, functioning to give advices and assist the Minister in the state management and law enforcement in sectors and fields.

2. Types of ministerial bureaus/agencies/directorates

a/ Type-1 bureau/agency/directorate is an institution of a ministry, functioning to give advices and assist the Minister in the state management and law enforcement in sectors and fields that are managed in a centralized and unified manner at the central level, without decentralization of powers to local authorities in accordance with law;

b/ Type-2 bureau/agency/directorate is an institution of a ministry, functioning to give advices and resolve specific issues in one or more than one field, and assist the Minister in the state management and law enforcement in sectors and fields as decentralized by the Minister.

A ministry that manages large-scale and systematic physical and technical foundations located in multiple localities may establish bureaus/agencies/directorates to perform its internal administration work.

3. A bureau/agency/directorate has the legal person status and its own seal and account; the director of a bureau/agency/directorate may issue documents providing professional guidance on the specialized sector or field under its management.

4. Criteria for establishment of a bureau/agency/directorate

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

b/ Being decentralized by the Minister to decide on issues falling under the state management of the specialized sectors or fields as assigned by the Government;

c/ Having a workload that requires at least 30 civil servants on the state payroll.

5. Organizational structure of a bureau/agency/directorate:

a/ Divisions (for type-1 bureaus/agencies/directorates) or sections (for type-2 bureaus/agencies/directorates);

b/ The Office;

c/ The Inspectorate (if any);

d/ Sub-bureaus/sub-agencies/sub-directorates or equivalent bodies (if any);

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

Article 10. Criteria for establishment of sections of a department, the Office and Inspectorate of a ministry; divisions, sections, the Office, and the Inspectorate of a bureau/agency/directorate; sub-bureaus/sub-agencies/sub-directorates and equivalent bodies of a bureau/agency/directorate (below collectively referred to as sub-bureaus/sub-agencies/sub-directorates of a bureau/agency/directorate); sections and equivalent bodies of a sub-bureau/sub-agency/sub-directorate of a bureau/agency/directorate (below collectively referred to as sections of a sub-bureau/sub-agency/sub-directorate of a bureau/agency/directorate); teams and equivalent bodies of a sub-bureau/sub-agency/sub-directorate of a type-1 bureau/agency/directorate (below collectively referred to as teams)

1. No sections may be organized within a department. In special cases, a department under a ministry that is newly formed after the merger or consolidation of 3 or more departmental units, or a department with a large number of civil servants on the state payroll (45 or more civil servants on the state payroll as assigned by competent authorities) may consider establishing sections (each section must have at least 15 civil servants on the state payroll) and the number of sections within a department under a ministry (if any) must be specified in the Decree defining the functions, tasks, powers and organizational structure of the ministry.

2. Criteria for establishment of sections of the Office or the Inspectorate of a ministry

a/ Having the function and task of advising on areas of work falling within the functions and tasks of the Office or the Inspectorate;

b/ Having a workload that requires at least 7 civil servants on the state payroll.

3. Criteria for establishment of divisions or the Office of a type-1 bureau/agency/directorate

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

b/ Having a workload that requires at least 7 civil servants on the state payroll.

4. The Inspectorate of a bureau/agency/directorate within a ministry may be established under the Law on Inspection and relevant legal documents.

5. Criteria for establishment of sections or the Office of a type-2 bureau/agency/directorate

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

b/ Having a workload that requires at least 7 civil servants on the state payroll.

6. Criteria for establishment of sub-bureaus/sub-agencies/sub-directorates a type-1 bureau/agency/directorate

a/ Having objects of management in the specialized sectors or fields within the ambit of functions and tasks of the bureau/agency/directorate in accordance with specialized laws;

b/ Being assigned to perform one or more than one state management task and power in accordance with law;

c/ Having a workload that requires at least 30 civil servants on the state payroll.

7. Criteria for establishment of sub-bureaus/sub-agencies/sub-directorates of a type-2 bureau/agency/directorate

a/ Having objects of management in the specialized sectors or fields within the ambit of functions and tasks of the bureau/agency/directorate in accordance with specialized laws;

b/ Being assigned to perform one or more than one state management task and power in accordance with law;

c/ Having a workload that requires at least 15 civil servants on the state payroll.

8. Criteria for establishment of sections of a sub-bureau/sub-agency/sub-directorate within a type-1 bureau/agency/directorate

a/ Having the function or task of advising on the state management of the sectors or fields within the functions and tasks of the sub-bureau/sub-agency/sub-directorate or being assigned to advise on its internal administration work;

b/ Having a workload that requires at least 7 civil servants on the state payroll.

9. Criteria for establishment of sections of a sub-bureau/sub-agency/sub-directorate within a type-2 bureau/agency/directorate

a/ Having the function or task of advising on the state management of the sectors or fields within the functions and tasks of the sub-bureau/sub-agency/sub-directorate or being assigned to advise on its internal administration work;

b/ Having a workload that requires at least 5 civil servants on the state payroll.

10. A team is an institution of a sub-bureau/sub-agency/sub-directorate within a type-1 bureau/agency/directorate. Criteria for establishment of a team of a sub-bureau/sub-agency/sub-directorate within a type-1 bureau/agency/directorate must comply with the criteria for establishment of sub-bureaus/sub-agencies/sub-directorates of a type-2 bureau/agency/directorate specified in Clause 7 of this Article.

Article 11. Number of deputy heads of a department, the Office, the Inspectorate, a bureau/agency/directorate, or a public non-business unit within the organizational structure of a ministry

1. The number of deputy heads of a department, the Office, the Inspectorate, a type-2 bureau/agency/directorate, and a public non-business unit within the organizational structure of a ministry must, on average, not exceed 3.

2. In case a department, the Office, or a type-2 bureau/agency/directorate is established on the basis of the merger or consolidation of 2 or more agencies, the number of deputy heads may be increased by 1 compared to the number of deputy heads specified in Clause 1 of this Article; in case a department, the Office, or a type-2 bureau/agency/directorate is established on the basis of the merger or consolidation of 3 or more agencies, the number of deputy heads may be increased by 2 compared to the number of deputy heads specified in Clause 1 of this Article; in case a department, the Office, the Inspectorate of type-2 bureau/agency/directorate takes over the functions, tasks and organizations under a decision of the competent authority, the number of deputy heads may be increased by 1 compared to the number of deputy heads specified in Clause 1 of this Article.

3. The number of deputy heads of a type-1 bureau/agency/directorate must, on average, not exceed 4.

4. Based on the criteria and principles for determining the number of deputy heads specified in this Decree, the Minister shall determine the total number of deputy heads of an agency, organization and unit under his/her management, and decide the specific number of deputy heads for each agency, organization and unit within his/her competence.

Article 12. Number of deputy heads of a section of a department, the Office, or the Inspectorate of a ministry; a division, section, the Office, or the Inspectorate of a bureau/agency/directorate; a sub-bureau/sub-agency/sub-directorate of a bureau/agency/directorate; a section of a sub-bureau/sub-agency/sub-directorate of a bureau/agency/directorate; or a team of a sub-bureau/sub-agency/sub-directorate of a type-1 bureau/agency/directorate

1. Number of deputy heads of a section of a department, the Office or the Inspectorate

a/ The number of deputy heads of a section of a department must not exceed 3;

b/ A section of the Inspectorate or the Office of a ministry that has between 7 civil servants and 9 civil servants on the state payroll may have 1 deputy head; that has between 10 civil servants and 15 civil servants on the state payroll may have no more than 2 deputy heads; and that has 16 civil servants or more civil servants on the state payroll may have no more than 3 deputy heads.

2. The number of deputy heads of a section, the Office or the Inspectorate of a type-1 bureau/agency/directorate must, on average, not exceed 3.

3. A section, the Office or the Inspectorate of a type-2 bureau/agency/authority that has between 7 civil servants and 9 civil servants on the state payroll may have 1 deputy head; that has between 10 civil servants and 15 civil servants on the state payroll may have no more than 2 deputy heads; and that has 16 civil servants or more civil servants on the state payroll may have no more than 3 deputy heads.

4. The number of deputy heads of a sub-bureau/sub-agency/sub-directorate of a type-1 bureau/agency/directorate must, on average, not exceed 3; in case the sub-bureau/sub-agency/sub-directorate takes over the functions, tasks and organizations of the predecessor or is newly established on the basis of restructuring, the number of deputy heads must, on average, not exceed 4.

5. Number of deputy heads of a sub-bureau/sub-agency/sub-directorate of a type-2 bureau/agency/directorate

a/ A sub-bureau/sub-agency/sub-directorate that has between 1 section and 3 sections may have 1 deputy head; and that has 4 or more sections may have no more than 2 deputy heads;

b/ A sub-bureau/sub-agency/sub-directorate that has no section may have no more than 2 deputy heads;

c/ For sub-bureaus/sub-agencies/sub-directorates satisfying one of the following criteria each may have no more than 3 deputy heads, specifically as follows:

Carrying out the settlement of administrative procedures around the clock in accordance with law, having to assign civil servants (including leaders of sub-bureaus/sub-agencies/sub-directorates) to work in 3 shifts per day, and having at least 60 civil servants on the state payroll.

Being assigned the task of inter-provincial management and have at least 9 sections or equivalent bodies within the organizational structure of sub-bureaus/sub-agencies/sub-directorates in accordance with law.

6. A section of a sub-bureau/sub-agency/sub-directorate within a type-1 bureau/agency/directorate that has between 7 civil servants and 9 civil servants on the state payroll may have 1 deputy head; that has between 10 civil servants and 15 civil servants on the state payroll may have no more than 2 deputy heads; and that has 16 or more civil servants on the state payroll may have no more than 3 deputy heads.

7. A section of a sub-bureau/sub-agency/sub-directorate within a type-2 bureau/agency/directorate that has between 5 civil servants and 7 civil servants on the state payroll may have 1 deputy head; and that has 8 or more civil servants on the state payroll may have no more than 2 deputy heads.

8. The number of deputy heads of a team of a sub-bureau/sub-agency/sub-directorate within a type-1 bureau/agency/directorate must not exceed the number of deputy heads of a sub-bureau/sub-agency/sub-directorate of a type-1 bureau/agency/directorate as specified in Clause 4 of this Article.

9. Based on the criteria and principles of determining the number of deputy heads specified in this Decree, the Minister shall determine the total number of deputy heads of organizations specified in Article 12 of this Decree under agencies and administrative organizations of a ministry, and decide or decentralize powers to decide on the specific number of deputy heads of each organization under his/her competence.

Article 13. Public non-business units of ministries

1. The establishment, reorganization or dissolution of a public non-business unit must comply with the Government’s regulations and specialized laws.

2. A public non-business unit has no state management function.

3. A public non-business unit enjoys autonomy in the performance of their tasks, organizational apparatus, personnel and finance in accordance with law.

4. A public non-business unit has the legal person status, its own seal and account.

Chapter III

IMPLEMENTATION PROVISIONS

Article 14. Effect

1. This Decree takes effect on November 20, 2025.

2. This Decree replaces 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; and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies.

3. To annul Article 1 of the Government’s Decree No. 83/2024/ND-CP of July 10, 2024, 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, which has a number of articles amended and supplemented under the Government’s Decree No. 101/2020/ND-CP of August 28, 2020; Decree No. 10/2016/ND-CP of February 1, 2016, on government-attached agencies, which has a number of articles amended and supplemented under the Government’s Decree No. 47/2019/ND-CP of June 5, 2019; and the Government’s Decree No. 120/2020/ND-CP of October 7, 2020, on the establishment, reorganization and dissolution of public non-business units.

4. To annul Article 5 of the Government’s Decree No. 92/2017/ND-CP of August 7, 2017, amending and supplementing a number of articles of the Decrees concerning the control of administrative procedures.

5. To remove the phrase “general departments” from Point a, Clause 2, Article 2; to remove the phrase “or decentralize powers to general directors to decide on the establishment of organizations defined at Point h, Clause 2, Article 2 of this Decree” from Point b, Clause 1, Article 20; to annul Points b, d, e and h, Clause 2, Article 2; and Point d, Clause 4, Article 7, of the Government’s Decree No. 158/2018/ND-CP of November 22, 2018, on the establishment, reorganization and dissolution of administrative organizations.

Article 15. Transitional provisions and implementation provisions 

1. Based on the principles and criteria for establishment and organization specified in this Decree, ministries shall review, consolidate and rearrange agencies, organizations and units under their management.

2. Units undergoing organizational restructuring shall continue reviewing and arranging the number of deputy heads, ensuring that by the end of 2030, the number of deputy heads of agencies, organizations and units strictly comply with this Decree.

3. Departments, bureaus/agencies/directorates and the Office of a ministry that consolidate, merge or take over functions, tasks and organizational structure under decisions of competent authorities from March 1, 2025, may apply Clause 1, Article 10; and Clause 2, Article 11, of this Decree.

4. Sub-bureaus/sub-agencies/sub-directorates of bureaus/agencies/directorates (established on the basis of reorganization of general departments and equivalent bodies under decisions of competent authorities from March 1, 2025) may have the average number of deputy heads not exceeding 4 per sub-bureau/sub-agency/sub-directorate as specified in Clause 4, Article 12 of this Decree.

5. The Vietnam Social Security shall perform its tasks and exercise its powers in accordance with law; and has organizational structure and the number of deputy heads in accordance with the regulations applicable to type-1 bureaus/agencies/directorates as specified in this Decree.

Article 16. 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
For the Prime Minister
Deputy Prime Minister
PHAM THI THANH TRA