02 Important points on appraisal for establishment of public service providers in Vietnam

02 Important points on appraisal for establishment of public service providers in Vietnam (illustrated image)

Article 13 of Decree 120/2020/ND-CP stipulates the appraisal for establishing public service providers as follows:

1. Agencies and organizations responsible for appraising the establishment of public service providers:

- The Ministry of Internal Affairs appraises those public service providers under the decision-making authority of the Government of Vietnam, the Prime Minister of the Government of Vietnam;

- The Department (Committee) of Personnel Organization under ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam, the Prime Minister of the Government of Vietnam which are not public service providers appraise those public service providers under the decision-making authority of Ministers, Heads of agencies under the Government of Vietnam; Heads of organizations established by the Government of Vietnam, the Prime Minister of the Government of Vietnam which are not public service providers;

- The specialized agencies advising on the state management of organizational apparatus under the provincial People's Committee appraise those public service providers under the decision-making authority of the provincial People's Committee;

- The specialized agencies advising on the state management of organizational apparatus under the district People's Committee appraise those public service providers under the decision-making authority of the district People's Committee;

- For public service providers with specific legal provisions on criteria and operational conditions, the appraisal agency for these criteria and conditions is specified by sectoral laws.

2. Contents of the appraisal for establishing public service providers in Vietnam include:

- The necessity and legal basis for establishing the public service provider;

- Objectives, scope, target audience, name, type of organization, position, functions, tasks, powers, and organizational structure; job positions, number of employees, and structure of public employees by professional titles; financial mechanisms of the public service provider;

- Documents and procedures for establishing the public service provider according to regulations;

- Conditions ensuring the operation of the public service provider upon establishment;

- Compliance with criteria and conditions for establishment and operation of the public service provider according to regulations;

- Feasibility of the establishment of the public service provider;

- Draft documents from the proposing agency or person with authority to establish the public service provider, including the draft regulations on the organization and operation of the public service provider.

For unresolved issues or differing opinions, the appraising agencies and organizations shall request the proposing agency or organization to provide additional written explanations or, upon authorization from the authority to establish the public service provider, convene a meeting with the proposing agency and relevant parties to clarify and report to the competent authority.

Note: When the decision to establish the public service provider is a legal normative document, the appraisal must also comply with regulations on the promulgation of legal normative documents.

More details can be found in Decree 120/2020/ND-CP, effective from December 1, 2020.

Thuy Tram

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