Resolution 20/NQ-CP 2023 tasks and solutions to restructure the organizational apparatuses of ministries

RESOLUTION

On a number of tasks and solutions to restructure the organizational apparatuses of ministries, ministerial-level agencies and government-attached agencies^[1]

THE GOVERNMENT

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 the Law on Organization of Local Administration;

 Pursuant to the Government’s Decree No. 39/2022/ND-CP of June 18, 2022, promulgating the Working Regulation of the Government;

At the proposal of the Minister of Justice;

Based on votes of the cabinet members,

RESOLVES:

In order to ensure the uniform restructuring of the state apparatus immediately after the Government promulgates the Decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or government-attached agencies, the Government resolves:

1. Regarding organization of the dissemination and the work of public information and mobilization

A ministry, ministerial-level agency or government-attached agency shall:

a/ Organize the dissemination of the Decree defining the functions, tasks, powers and organizational structure of the ministry, ministerial-level agency or government-attached agencies for implementation immediately after it is promulgated by the Government in appropriate forms and manners.

b/ Inform, disseminate, and mobilize cadres, civil servants, public employees and workers to strictly implement guidelines and regulations of the Party, National Assembly and Government; properly perform political and ideological work, creating a high consensus in awareness and actions of cadres, civil servants, public employees and workers in the process of restructuring and consolidating the organizational structure of the ministry, ministerial-level agency or government-attached agency.

2. Regarding the review, amendment, supplementation and annulment of documents

a/ The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and government-attached agencies in, continuing to review and improve the regulations on organizational apparatus, decentralization and delegation of powers in line with the Government’s Resolution No. 04/NQ-CP of January 10, 2022, on strengthening the decentralization and delegation of powers in state management work.

b/ Ministries, ministerial-level agencies and government-attached agencies shall review legal documents which they are in charge of drafting in sectors and fields falling under their management, and promptly amend, supplement or annul documents according to their competence or propose competent agencies to amend, supplement or annul them according to an appropriate schedule.

c/ Within 6 months from the effective date of the Decree defining the functions, tasks, powers and organizational structure of a ministry, ministerial-level agency or government-attached agency, the ministry, ministerial-level agency or government-attached agency shall promulgate documents defining the functions, tasks, powers and organizational structures of its administrative organizations and public non-business units. For documents defining the functions, tasks, powers and organizational structures of general departments/directorates and agencies/administrations/authorities to which the ministry proposes the Government to assign the specialized inspection function in accordance with the Law on Inspection, the deadline for completion is July 1, 2023.

For an administrative organization or public non-business unit established as a result of restructuring or reorganization, within 6 months from the effective date of the Decree defining the functions, tasks, powers and organizational structure of a ministry, ministerial-level agency or government-attached agency, a competent agency shall complete the procedures for restructuring and reorganization and promulgate a document defining the functions, tasks, powers and organizational structure of such organization or unit.

3. Regarding competence to sanction administrative violations

a/ If a general department/directorate is reorganized into an agency/administration/authority or into a department or if an agency/administration/authority under a ministry is reorganized into a department, the function of sanctioning administrative violations of the general department/directorate or agency/administration/authority shall be performed by the Inspectorate or agency/administration/authority under a ministry or People’s Committee of a level currently having the sanctioning competence in accordance with existing regulations until new regulations are promulgated.

b/ Ministries, ministerial-level agencies and government-attached agencies shall, within the scope of their management, review and determine the title holders who currently have the sanctioning competence but whose tasks and powers are adjusted upon implementation of plans to restructure or reorganize administrative organizations:

- In case organizations under ministries, ministerial-level agencies and government-attached agencies are assigned to perform the specialized inspection function and, after being restructured, have their tasks and powers adjusted but are still assigned to perform the specialized inspection function, the sanctioning competence of the title holders of these organizations shall be regulated by the Government in accordance with Article 46 of the Law on Handling of Administrative Violations.

- In case organizations under ministries, ministerial-level agencies and government-attached agencies are not assigned to perform the specialized inspection function and, after being reorganized, have their tasks and powers adjusted, or in case such organizations are assigned to perform the specialized inspection function but, after being reorganized, are no longer assigned to perform the specialized inspection function, the sanctioning competence of the title holders of these organizations shall be regulated by the Government after obtaining the consent of the National Assembly Standing Committee in accordance with Clause 2, Article 53 of the Law on Handling of Administrative Violations.

Based on the results of review and classification, ministries, ministerial-level agencies and government-attached agencies shall propose specific amendments and supplements concerning the competence to sanction administrative violations in the Decrees on sanctioning of administrative violations in fields falling under their management.

Review results and proposed contents shall be sent to the Ministry of Justice before March 15, 2023.

c/ In case there is a change in the name but there is no change in the tasks and powers of a title holder having the competence to sanction administrative violations, the sanctioning competence of such title holder shall be kept unchanged. Ministries, ministerial-level agencies and government-attached agencies shall carry out review and send review results to the Ministry of Justice for the latter to summarize and propose the change in the names of title holders in conformity with the new title holders provided in the Decree amending and supplementing a number of articles of the decrees on sanctioning of administrative violations in the fields related to the competence to sanction administrative violations of relevant titleholders.

The Ministry of Justice shall summarize proposals of ministries, ministerial-level agencies and government-attached agencies and make a Government’s report on title holders having the competence to sanction administrative violations whose tasks and powers are changed (if any) and submit it to the National Assembly Standing Committee for opinion.

Time limit for completion: second quarter of 2023.

d/ After summarizing proposals of ministries, ministerial-level agencies and government-attached agencies and opinions of the National Assembly Standing Committee (if any), the Ministry of Justice shall formulate a Government’s decree amending and supplementing a number of articles of the decrees on sanctioning of administrative violations in the fields related to the competence to sanction administrative violations of relevant title holders according to fast-track order and procedures, and submit it before July 1, 2023, to the Government for promulgation.

4. Regarding the performance of the specialized inspection function

a/ For agencies assigned to perform the specialized inspection function under the Government’s Decree No. 07/2012/ND-CP of February 9, 2012, on agencies assigned to perform the specialized inspection function and specialized inspection activities, and the decrees defining the organization and operation of inspectorates of sectors and fields, in case in some fields there is a change in the names of organizations equivalent to agencies/administrations/authorities or branches/sub-departments (but there is no change in functions and tasks) upon restructuring of the organizational apparatuses or in case of merger/consolidation of agencies/administrations/authorities or branches/sub-departments, the new organizations may continue to perform the specialized inspection function until new regulations are promulgated.

b/ In case a general department/directorate is reorganized into an agency/administration/authority or into a department (with its functions and tasks changed), the specialized inspection function of the general department/directorate shall be performed by the agency/administration/authority reorganized from the general department/directorate after reaching agreement with the Government Inspectorate; in case of disagreement, this function shall be performed by the ministry’ inspectorate.

In case an agency/administration/authority is reorganized into a department, the specialized inspection function of the agency/administration/authority shall be performed by a ministry’s inspectorate.

c/ The Government Inspectorate shall guide ministries, ministerial-level agencies and government-attached agencies in the implementation of the law on specialized inspection; any arising problems should be reported to the Government or Prime Minister.

5. Regarding settlement of arising problems upon reorganization of general departments/directorates into agencies/administrations/authorities or reorganization of agencies/administrations/authorities under ministries into departments

a/ Regarding the settlement of administrative procedures related to the people and enterprises:

Ministries, ministerial-level agencies and government-attached agencies shall expeditiously promulgate documents to assign their attached units to continue carrying out administrative procedures related to the people and enterprises and publicize them on portals of ministries, ministerial-level agencies and government-attached agencies and in other appropriate forms for the people and enterprises to implement.

Deadline for completion: March 15, 2023.

b/ Regarding the national focal point for implementing international commitments of which Vietnam is a member:

- Ministries, ministerial-level agencies and government-attached agencies shall take the initiative in reviewing contents of treaties and international agreements in which general departments/directorates of ministries and ministerial-level agencies are currently assigned to act as representatives of the Socialist Republic of Vietnam; formulate solution plans and issue a notice of the change of national focal points for implementing treaties or international agreements (if any).

Deadline for completion: March 15, 2023.

- When encountering problems in external affairs, ministries or ministerial-level agencies assuming the prime responsibility for the implementation of treaties and international agreements shall exchange opinions and coordinate with the Ministry of Foreign Affairs in solving such problems, or report them to the Government or Prime Minister for consideration and decision when necessary.

6. Regarding the arrangement of cadres, civil servants and public employees and implementation of regimes and policies

Ministries, ministerial-level agencies and government-attached agencies shall:

a/ Restructure their organizational apparatuses, evaluate, classify and arrange cadres, civil servants and public employees in administrative organizations and non-business units formed after the restructuring, ensuring that qualified and capable persons are selected to assume new working positions; formulate plans and roadmaps for, and implement, the arrangement of redundant leaders, managers, cadres, civil servants and public employees in association with the payroll downsizing at newly formed administrative organizations and non-business units.

b/ Implement regimes and policies for redundant cadres, civil servants, public employees and workers in the process of restructuring of the organizational apparatuses in accordance with the Government’s regulations on recruitment, employment and management of cadres, civil servants and public employees; implement the regime of job severance, policy on payroll downsizing and other policies under current regulations; rearrange deputy heads of organizations and units after the restructuring of the organizational apparatuses under current regulations.

c/ Review, make and finalize the list and number of working positions, and adjust payrolls suitable to the reorganized apparatuses.

7. Finances, assets and renewal and recovery of seals

a/ Ministries, ministerial-level agencies and government-attached agencies shall formulate plans and schemes to receive and handover assets, finances and debts (if any); use working offices, assets and physical foundations of dissolved or reorganized organizations and units, ensuring effective use and avoiding waste and loss of assets put for operation and use; and carry out procedures for renewal and recovery of seals upon the restructuring under current regulations.

b/ The management and handling of state budget funds and public assets of agencies and units under ministries, ministerial-level agencies and government-attached agencies upon the restructuring of their organizational apparatuses must comply with the regulations on management of state budget funds and public property. If encountering problems, ministries, ministerial-level agencies and government-attached agencies shall discuss and coordinate with the Ministry of Finance in seeking solutions.

c/ The Ministry of Public Security and Ministry of National Defense shall guide the registration, renewal and recovery of seals of organizations and units upon their restructuring or reorganization according to their competence.

8. Ministries, ministerial-level agencies and government-attached agencies shall promote the implementation of the autonomy mechanism at their affiliated non-business units in accordance with Resolution No. 19-NQ/TW and the Government’s regulations on establishment, reorganization and dissolution of non-business units and number of employees in non-business units.

9. Regarding capacity building and resource allocation to ensure operation conditions for newly established organizations

Ministries, ministerial-level agencies and government-attached agencies shall build capacity of newly established organizations and stabilize their work; allocate resources and organize work reasonably and effectively to ensure uninterruptedness and timeliness in the settlement of affairs for the people, organizations, units and enterprises.

10. Implementation responsibility

Ministries, ministerial-level agencies and government-attached agencies shall implement this Resolution. The Ministry of Justice shall assume the prime responsibility for reporting to the Government and Prime Minister on the competence to sanction administrative violations. The Ministry of Home Affairs shall assume the prime responsibility for reporting to the Government and Prime Minister on other contents of this Resolution. Any problems arising in the course of implementation of this Resolution should be reported to the Ministry of Justice and Ministry of Home Affairs for summarization and reporting to the Government and Prime Minister for consideration and decision.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG