What are regulations on appraising establishment of an administrative unit in Vietnam?

What are regulations on appraising establishment of an administrative unit in Vietnam?

Pursuant to Article 11 of the Decree 158/2018/NĐ-CP stipulating appraising establishment of an administrative unit in Vietnam as follows:

1. Appraising agencies

With regard to the establishment of administrative units, appraising agencies are prescribed as follows:

a) Ministry of Home Affairs takes charge of appraising the establishment of administrative units under the deciding authority of the Government/ Prime Minister;

b) Departments (bureaus or boards) of organization and personnel affiliated to ministries/Governmental agencies take charge of appraising the establishment of administrative units under the deciding authority of Ministers, heads of ministerial agencies, or heads of Governmental agencies;

c) Specialized agencies providing counseling on state management of organization affiliated to provincial People’s Committees take charge of appraising the establishment of administrative units under the deciding authority of provincial People’s Committees;

d) Specialized agencies providing counseling on state management of organization affiliated to district-level People’s Committees take charge of appraising the establishment of administrative units under the deciding authority of district-level People’s Committees;

2. Contents of appraisal:

a) The necessity and legal grounds for establishing the administrative unit;

b) Objectives, scope, entities, name, form, legal status, functions, tasks, powers and organizational structure of the administrative unit;

c) Establishment dossier/procedures as prescribed;

d) Conditions for ensuring operation of the administrative unit after establishment;

dd) Reports on fulfillment of establishment criteria as prescribed by law;

e) The feasibility of establishment of the administrative unit;

g) The draft document given by the authority or person competent to decide establishment of the administrative unit.

With regard to unclear issues or issues with different opinions, the appraising agency shall request the agency or organization requesting for establishment shall provide additional written explanations or, with the authorization given by the person competent to decide the establishment of the administrative unit, to hold a meeting with the agency or organization submitting the establishment scheme and relevant agencies to clarify such issues and report competent authority or person for decision.

3. If the decision to establish the administrative unit is a legislative document, the appraisal must also comply with regulations of the Law on promulgation of legislative documents.

What are regulations on reporting on establishment of administrative unit in Vietnam?

Pursuant to Article 12 of the Decree 158/2018/NĐ-CP stipulating reporting on establishment of administrative unit in Vietnam as follows:

1. If the establishment of any of the administrative units in Point a Clause 2 and Point a Clause 3 Article 2 hereof results in increased number of administrative units affiliated to ministries/Governmental agencies, the agency requesting for establishment shall report it to the Government for submission to competent authorities for giving opinions.

2. Procedures for reporting on establishment of the administrative unit:

a) The agency requesting for establishment prescribed in Clause 1 of this Article shall draft the establishment scheme according to Article 6 and the establishment proposal according to Article 7, and get opinions about them according to Article 8 hereof;

b) The agency requesting for establishment shall consolidate, receive and explain about opinions given by relevant agencies for completing the draft establishment scheme and proposal, and send them to the Ministry of Home Affairs and Ministry of Justice for appraisal (enclosed with written opinions given by relevant agencies);

c) The agency requesting for establishment shall consolidate, receive and explain about opinions given by the Ministry of Home Affairs and Ministry of Justice, complete the establishment scheme and send it to the Government for opinions;

d) The agency requesting for establishment shall receive and explain about opinions given by the Government’s members for completing the establishment scheme and submitting it to competent authorities for their opinions.

What are regulations on decision on establishment of administrative unit in Vietnam?

Pursuant to Article 13 of the Decree 158/2018/NĐ-CP stipulating decision on establishment of administrative unit in Vietnam as follows:

1. Based on the written request for establishment, appraisal record and written opinions given by competent authorities (in case the establishment of the administrative unit specified in Point a Clause 2 or Point a Clause 3 Article 2 hereof results in an increased number of the administrative units affiliated to Ministries/Governmental agencies), the authority or person competent to decide establishment of the administrative unit shall issue a decision to establish the administrative unit.

2. Form of the document on establishment of the administrative unit must be conformable with the authority to decide the establishment of the administrative unit and other relevant legislative documents.

Best regards!