Hanoi and HCMC, Vietnam: Up to 10 Deputy Directors of Departments can be appointed

Hanoi and HCMC, Vietnam: Up to 10 Deputy Directors of Departments can be appointed (Internet image) 

1. Hanoi and HCMC, Vietnam: Up to 10 Deputy Directors of Departments can be appointed 

According to the regulations in Decree 107/2020/ND-CP, on average each department has 03 Deputy Directors. Based on the number of established departments and the total number of Deputy Directors, the provincial People's Committee shall decide on the specific number of Deputy Directors for each department to be appropriate. However, for Hanoi and Ho Chi Minh City, in addition to the total number of Deputy Directors calculated according the regulation, on average, each city can have an additional maximum of 10 Deputy Directors.

In addition, Decree 107/2020/ND-CP also supplements the number of Deputy Heads of ex and professional divisions within departments, specifically:

• For divisions within departments of Hanoi and Ho Chi Minh City with less than 10 positions for officials, divisions within departments of Grade I provinces with less than 09 positions for officials, and divisions within departments of Grade II and Grade III provinces with less than 08 positions for officials, one Deputy Head of division is assigned;

• For divisions within departments of Hanoi and Ho Chi Minh City with 10 to 14 positions for officials, divisions within departments of Grade I provinces with 09 to 14 positions for officials, and divisions within departments of Grade II and Grade III provinces with 08 to 14 civil servant positions, a maximum of 02 Deputy Heads of division are assigned;

• For divisions within departments with 15 or more civil servant positions, a maximum of 03 Deputy Heads of division are assigned.

- Regarding the number of Deputy Chief Inspectors within departments, the Decree states: Inspectorates of provincial-level Departments with less than 8 positions for officials for will have 1 Deputy Chief Inspector; Inspectorates of provincial-level Departments with 8 positions for officials or more will have a maximum of 2 Deputy Chief Inspectors.

- Regarding the number of Deputy Directors of Sub-Departments within departments, the Decree stipulates: Sub-Departments with 1-3 divisions or equivalent will have 1 Deputy Director of Sub-Department; Sub-Departments without divisions or with 4 or more divisions or equivalent will have a maximum of 2 Deputy Directors of Sub-Department.

- Regarding the number of Deputy Heads of Divisions within Sub-Departments within departments, divisions with less than 7 civil servant positions will have 1 Deputy Head of Division assigned; divisions with 7 or more civil servant positions will have a maximum of 2 Deputy Heads of Division assigned.

Therefore, compared to Decree 24/2014/ND-CP, the new Decree has increased the maximum number of Deputy Directors of Departments for Hanoi and Ho Chi Minh City (increased by 6 people compared to before). In addition, the new Decree also establishes stricter appointment regulations: "Based on the number of established departments and the total number of Deputy Directors, the provincial People's Committee shall decide on the suitable number of Deputy Directors for each department." This is to avoid the situation where every department has 03 Deputy Directors even though the actual workload does not require that many Deputy Directors.

2. Supplementing criteria for establishing divisions, Offices, and Sub-Departments in Vietnam

In addition to amending the regulations on Deputy Directors of Departments, Decree 107/2020/ND-CP also sets criteria for establishing divisions, Offices, and Sub-Departments, specifically as follows:

- Criteria for establishing specialized and professional divisions under departments:

• Having functions and tasks of advising on state management in the field and sector under the functions and tasks of the department;

• The workload requires a minimum of 07 positions for officials for divisions within departments of Hanoi and Ho Chi Minh City; a minimum of 06 positions for officials for divisions within departments of Grade I provinces; a minimum of 05 positions for officials for divisions within departments of Grade II and Grade III provinces.

- Criteria for establishing Offices within departments: Applied as above. In case Offices within departments are not established, a specialized division will be assigned to perform the functions and tasks of the Office.

- Criteria for establishing Sub-Departments and equivalent organizations within departments (referred to as Sub-Departments):

• Having management responsibilities for specialized fields and sectors under the functions and tasks of the department according to the regulations of specialized laws;

• Being delegated and authorized to decide on issues within the scope of state management in the specialized fields and sectors;

• The workload requires a minimum of 12 positions for officials.

- Criteria for establishing divisions and equivalent divisions within Sub-Departments within departments:

• Having functions and tasks of advising on state management in the field and sector under the functions and tasks of the Sub-Department or advising on internal administrative work of the Sub-Department;

• The workload requires a minimum of 05 officials.

More details can be found in Decree 107/2020/ND-CP, taking effect on November 25, 2020.

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