What are regulations on establishment scheme of administrative units in Vietnam?

1. What are regulations on establishment scheme of administrative units in Vietnam?

Pursuant to Article 6 of Decree 158/2018/ND-CP stipulating establishment scheme as follows:

1. The establishment scheme shall be prepared and submitted by the agency or organization requesting for establishment of an administrative unit to a competent authority or person for consideration.

2. Contents of the establishment scheme:

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

b) Objectives, management scope and entities;

c) Form and name of the administrative unit;

d) Position, functions, tasks, powers and organizational structure;

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

e) Estimated working positions and payroll of officials according to scale-based working positions and structure of officials which must be conformable with its functions, tasks and powers; information about its working office and equipment and financial mechanism for ensuring its operation;

g) Establishment plan and roadmap for operation of the administrative unit;

h) Suggestions of the agency or organization preparing the establishment scheme (if any);

i) Other contents as prescribed by the specialized law and guidelines given by the supervisory ministry.

2. What are regulations on establishment proposal of administrative units in Vietnam? 

According to Article 7 of Decree 158/2018/ND-CP, establishment proposal is as follows:

1. The establishment proposal shall be prepared and submitted by the agency or organization requesting for establishment of an administrative unit to a competent authority or person for consideration.

2. The establishment proposal includes the following contents:

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

b) Process of formulation of the establishment scheme;

c) Main contents of the establishment scheme;

d) Issues with different opinions and relevant issues.

3. The establishment proposal must be signed and submitted by the head of the agency or organization requesting for establishment of an administrative unit to a competent authority or person for decision.

4. Agencies/organizations requesting for establishment of administrative units:

a) The Ministry of Home Affairs shall request for establishment of the administrative units specified in Clause 1 Article 2 hereof;

b) Ministries shall request for establishment of the administrative units specified in Point a, Point b Clause 2 Article 2 hereof;

c) Offices, inspectorates, departments, bureaus and equivalent organizations affiliated to ministries shall request for establishment of the administrative units specified in Point c Clause 2 Article 2 hereof;

d) Ministry-affiliated general departments shall request for establishment of the administrative units specified in Point d, Point e and Point h Clause 2 Article 2 hereof;

In case a Director General of a General Department is assigned by a Minister to issue a decision to establish the administrative unit prescribed in Point h Clause 2 Article 2 hereof, the general department-affiliated department shall submit request for establishment of the administrative unit.

dd) Ministry-affiliated departments shall request for establishment of the administrative units specified in Point dd, and Point g Clause 2 Article 2 hereof;

e) Governmental agencies shall request ministries (managed agencies as assigned by the Government) to request for establishment of the administrative units specified in Point a Clause 3 Article 2 hereof;

g) Administrative units affiliated to Governmental agencies shall request for establishment of the administrative units specified in Point b Clause 3 Article 2 hereof;

h) Provincial People's Committees shall request for establishment of the administrative units specified in Point a Clause 4 Article 2 hereof;

i) Specialized agencies affiliated to Provincial People's Committees shall request for establishment of the administrative units specified in Point b, Point c Clause 4 Article 2 hereof;

k) Provincial People's Committees shall request for establishment of the administrative units specified in Point d Clause 4, Point b Clause 5 Article 2 hereof under the deciding authority of the Prime Minister as prescribed by law;

If Provincial People's Committees are allowed to decide the establishment of the administrative units specified in point d Clause 4 and district-level People's Committees are allowed to decide the establishment of the administrative units specified in point b Clause 5 Article 2 hereof as prescribed by law, agencies requesting for establishment shall be specialized agencies providing counseling on state management of organization of Provincial People's Committees/ district-level People's Committees.

l) Other administrative units affiliated to Provincial People's Committees shall request for establishment of the administrative units specified in Point dd Clause 4 Article 2 hereof;

m) District-level People's Committees shall request for establishment of the administrative units specified in Point a Clause 5 Article 2 hereof.

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