Specialized Divisions under the District People's Committee Shall Not Exceed 2 Deputy Heads

This draft Decree provides for the organization of specialized agencies under the People's Committees of districts, district-level towns, provincial cities, and cities under centrally governed cities. Specialized agencies under the district-level People's Committee include departments and department-equivalent agencies (hereinafter referred to as departments). The draft has many new prominent features compared to the provisions in Decree 37/2014/ND-CP.

Legal status, seal, and separate account

Specialized agencies under the district-level People's Committees have legal status, seals, and separate accounts according to the law and are subject to the direction and management regarding the organization, job positions, official staffing, structure of official ranks, and work of the district-level People's Committees. They are also subject to the professional guidance, inspection, and supervision of specialized agencies under the provincial People's Committees.

No more than 2 deputy heads in the specialized departments under the District People's Committee

- The head of a specialized agency under the district-level People's Committee (Department Head), is a member of the district-level People's Committee and is responsible to the district-level People's Committee, the Chairman of the district-level People's Committee, and the law for the performance of the functions, tasks, and powers of the specialized agency they are in charge of. They also perform the tasks and power of the district-level People's Committee member (currently, it is not required for the department head to be a member of the People's Committee).- The deputy of the head of a specialized agency under the district-level People's Committee (Deputy Department Head) assists the Department Head in performing one or several specific tasks assigned by the Department Head and is responsible to the Department Head and the law for the tasks assigned. When the Department Head is absent, a Deputy Department Head is authorized by the Department Head to take over the operations of the department.- The number of Deputy Heads in specialized agencies under the district-level People's Committee shall not exceed 02 persons (for Hanoi and Ho Chi Minh City, no more than 03 persons). For departments with 05 to 07 staff members, only 01 Deputy Head can be appointed. (Currently, the maximum number of deputy heads is 03 and there is no regulation on the number of deputy heads if the department has only 05 to 07 staff members).

There are 09 specialized agencies uniformly organized in all districts

In addition to the 09 specialized agencies uniformly organized in all districts, district-level towns, provincial cities, and cities under centrally governed cities, including:

- Department of Home Affairs;- Department of Justice;- Department of Finance - Planning;- Department of Natural Resources and Environment;- Department of Labor, War Invalids and Social Affairs;- Department of Culture and Information;- Department of Education and Training;- District Inspectorate;- Office of the People's Council and the People's Committee.

Thus, compared to current regulations, district specialized agencies no longer include the Health Department. For specialized agencies in island districts, based on the specific conditions of each island district, the provincial People's Committee shall submit to the provincial People's Council for decision on the number and names of the specialized departments under the island district's People's Committees. The number of specialized agencies of the island district People's Committee shall not exceed 10 departments (for Phu Quoc district, Kien Giang province, no more than 12 departments).

See detailed tasks, powers; organizational structure of specialized agencies under the district-level People's Committee at the Draft Decree.

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