Decree No. 47/2019/ND-CP amending the Decree No. 10/2016/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 10/2016/ND-CP of February 1, 2016, on government-attached agencies ^[1]

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

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. 10/2016/ND-CP of February 1, 2016, on government-attached agencies.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 10/2016/ND-CP of February 1, 2016, on government-attached agencies

1. To amend and supplement Clause 6, Article 3 as follows:

“6. Regarding organizational apparatus, civil servants, public employees and employees

a/ To propose the government-assigned ministries to submit to the Government for the latter to define the functions, tasks, powers and organizational structure of government-attached agencies;

b/ To define the functions, tasks, powers, organizational structure and work relations of organizations and units in the organizational structure of government-attached agencies;

c/ To propose the Prime Minister to appoint, relieve from duty or dismiss deputy heads of government-attached agencies;

d/ To appoint, relieve from duty or discipline heads and deputy heads of organizations and units in the organizational structure of government-attached agencies in accordance with law; to define the competence and responsibilities of heads of agencies and units in the organizational structure of government-attached agencies;

dd/ To manage civil servants, public employees and employees of agencies, organizations and units in the organizational structure of government-attached agencies in accordance with law;

e/ To decide on and organize the implementation of specific measures to enhance the observance of administrative disciplines and rules by cadres, civil servants, public employees and employees under their management; to combat corruption, waste, bureaucracy, imperiousness and authoritarianism in activities of agencies;

g/ To organize the training, retraining, recruitment, employment, transfer, rotation, retirement, commendation and disciplining of, and implementation of other regimes for, civil servants, public employees and employees under their management in accordance with law;

h/ To examine the observance of policies and laws and performance of assigned tasks by civil servants, public employees and employees under their management; to settle complaints and denunciations related to civil servants, public employees and employees under their management in accordance with law;

i/ To implement the autonomy mechanism in accordance with law.”

2. To amend and supplement Article 4 as follows:

“1. The organizational structure of a government-attached agency consists of:

a/ Departments;

b/ The Office;

c/ Other attached non-business organizations (if any).

2. Departments shall operate under the single-boss regime and have no seals of their own. A department shall be established only when the workload requires 15 or more civil servants and public employees.

3. The Office may have its own seal.

4. Departments and the Office may establish their attached divisions or equivalent organizations (below referred to as divisions). The number of divisions of a department or the Office shall be specified in the Government’s Decree defining the functions, tasks, powers and organizational structure of each government-attached agency.

5. In special cases, if an attached organization bears another name, the Government shall make consideration and decision as suitable to the functions and duties of each government-attached agency.

6. The number of deputy heads of the organizations and units specified in Clause 1 of this Article is provided as follows:

a/ A department or the Office with between 15 and 20 civil servants and public employees may have 2 deputy heads at most. If having over 20 civil servants and public employees, it may have 3 deputy heads at most;

b/ A public non-business unit financing part of its regular expenditures or a non-business unit with regular expenditures covered by the state budget that has no more than 20 civil servants and public employees may have 2 deputy heads at most. If having over 20 civil servants and public employees, it may have 3 deputy heads at most;

c/ For a public non-business unit that self-finances its regular expenditures or a public non-business unit that self-finances its regular expenditures and investment expenses, the number of its deputy heads must comply with the scheme on its autonomy mechanism approved by a competent authority.

7. Criteria for establishment of divisions of a department or the Office

a/ Tasks or matters performed by a division cover different working areas and are subject to separate management processes at the request of the managing entities;

b/ The workload requires 7 or more public employees.

For a government-attached agency that self-finances its regular expenditures and investment expenses and operates under the enterprise mechanism, the minimum number of employees of a division must include public employees and employees engaged in professional affairs under the labor contract regime according to  the autonomy regime.

8. Number of deputy heads of divisions of a department or the Office

A division with between 7 and 9 public employees may have 1 deputy head. If having 10 or more public employees, it may have no more than 2 deputy heads.”

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

“3. The number of deputy heads of a government-attached agency must not exceed 4.”

Article 2. Effect and organization of implementation

1. This Decree takes effect on July 20, 2019.

2. In case the reorganization of agencies, organizations and units makes the number of their deputy heads exceed the number prescribed in this Decree, government-attached agencies shall, by the end of 2020, complete the reorganization of such agencies, organizations and units in order to reduce the number of their deputy heads in accordance with this Decree.

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