Official Dispatch No. 24/CV-BCD-TKNQ18 in 2024 providing directions and suggestions for organizing specialized agencies under Provincial and District People's Committees in Vietnam
Official Dispatch No. 24/CV-BCD-TKNQ18 in 2024 providing directions and suggestions for organizing specialized agencies under Provincial and District People's Committees in Vietnam
On December 18, 2024, the Steering Committee for summarizing the implementation of Resolution 18-NQ/TW issued Official Dispatch 24/CV-BCD-TKNQ18 in 2024 on the plan for directing the reorganization to streamline the apparatus of the Government of Vietnam. The Steering Committee of the Government recommends localities to proactively develop a scheme and implement the organization of specialized agencies under the provincial and district People's Committees.
According to Official Dispatch 24/CV-BCD-TKNQ18 in 2024, the direction and suggestion for organizing the structure of specialized agencies under the provincial and district People's Committees are as follows:
[1] For specialized agencies under the Provincial People's Committee
- Maintain three departments (with internal reorganization and streamlining), including:
+ Department of Justice
+ Department of Culture, Sports and Tourism (or the Department of Culture, Sports for localities maintaining a Department of Tourism)
+ Provincial Inspectorate
+ Office of the Provincial People's Committee
- Guidance and suggestions for merging some provincial departments and authorities similar to the organization of Ministries at the central level
- Guidance and suggestions for structuring, rearranging, transferring tasks of three departments corresponding to the organization of Ministries at the central level
- Guidance and suggestions for structuring, organizing peculiar departments: Foreign Affairs; Tourism; Planning and Architecture (for Ho Chi Minh City and Hanoi), Food Safety (established in provinces and centrally-run cities according to National Assembly's resolutions on piloting some specific mechanisms and policies) and the Committee for Ethnic Affairs
[2] For specialized agencies under the District People's Committee
- Maintain three specialty offices, including: Justice Office; Finance - Planning Office; District Inspectorate; Office of the People’s Council and the District People's Committee.
- Provide guidance and suggestions for structuring, reorganizing, and restructuring other specialized offices similar to the arrangements of Ministries at the central level and departments/agencies at the provincial level
Official Dispatch No. 24/CV-BCD-TKNQ18 in 2024 providing directions and suggestions for organizing specialized agencies under Provincial and District People's Committees in Vietnam (Image from the Internet)
What are the duties of specialized agencies under the People's Committees in Vietnam?
Pursuant to Article 9 of the Law on Local Government Organization 2015 (amended by Clause 33, Article 2 of the Law on Government Organization and the Law on Local Government Organization Amendment 2019), specialized agencies under the People's Committees are regulated as follows:
Article 9. Specialized agencies under the People's Committees
- Specialized agencies under the People's Committees are organized at the provincial and district levels, serving as advisory bodies, assisting the People's Committees in performing state management functions over sectors and fields locally, and implementing tasks and powers assigned or delegated by superior state agencies.
- Specialized agencies under the People's Committees are subject to the direction, management in terms of organization, staffing, and work of the People's Committees, and professional guidance and inspection by superior state management agencies in respect of sectors and fields.
- The organization of specialized agencies under the People's Committees must ensure compatibility with the rural, urban, island characteristics, and socio-economic development conditions and situations of each locality; ensure streamlined, reasonable, coherent, effective, and efficient state management over sectors and fields from the central to the grassroots level; avoid duplication of tasks and powers of superior state agencies stationed in the area.
Specialized agencies under the People's Committees assist the People's Committees in executing state management functions pertaining to sectors and fields locally, and implement tasks and powers as horizontally and vertically assigned or delegated by superior state agencies.
Which agency has the authority to abolish specialized agencies under the Provincial People's Committee in Vietnam?
Based on Clause 2, Article 19 of the Law on Local Government Organization 2015 (amended by Clause 4, Article 150 of the Law on the Organization of People's Courts 2024), the duties and powers of the Provincial People’s Council are prescribed:
Article 19. Duties and powers of the Provincial People's Council
[...]
- Duties and powers of the Provincial People's Council concerning the formation of government:
b) Conduct votes of confidence and confidence votes for persons holding positions elected by the Provincial People's Council according to regulations in Articles 88 and 89 of this Law;
c) Dismiss representatives of the Provincial People's Council and accept the resignation of delegates from their duties as representatives;
d) Decide on the establishment and abolition of specialized agencies under the Provincial People's Committee;
dd) Decide staffing in the office of the People's Council, People's Committee, public service providers of the People's Committee at all levels in the province according to the staffing targets assigned by the Government of Vietnam; decide on the number and level of allowances for part-time personnel at the communal level, in villages, and residential quarters, and approve the total number of staff working in public service providers under provincial management according to the regulations of the Government of Vietnam;
e) Decide on the establishment, dissolution, merger, and division of villages, and residential blocks; name and rename villages, residential blocks, streets, squares, public works in the locality according to legal regulations.
[...]
According to the aforementioned provisions, the Provincial People's Council holds the authority to decide the establishment and abolition of specialized agencies under the Provincial People's Committee.
