Guidance on formulation of Scheme to establish public service providers in Vietnam

On October 7, 2020, the Government of Vietnam issued Decree 120/2020/ND-CP regulating the establishment, reorganization, and dissolution of public service providers in Vietnam.

thành lập đơn vị sự nghiệp công lập, Nghị định 120/2020/NĐ-CP

Guidance on formulation of Scheme to establish public service providers in Vietnam (Illustrative image)

According to Article 8 of Decree 120/2020/ND-CP, regulations on the Scheme for the establishment of public service providers in Vietnam are as follows:

  1. The Scheme for the establishment of public service providers is to be constructed and submitted by the proposing agency or organization to the competent authority for a decision on establishment in Vietnam.

  2. The contents of the Scheme include:

- Necessity and legal basis;

- Objectives, scope of activities, and list of public service to be provided by the unit;

- Type and name of the public service provider;

- Position, function, tasks, powers, and organizational structure;

- Financial mechanism, operating mechanism, and level of financial autonomy;

- Explanatory report on meeting the criteria and conditions for establishment;

- Personnel projections (clearly specifying the number of deputy positions according to the provisions of Article 6 of this Decree and detailed guidance from the sectorial management ministry); job positions, number of personnel by job positions, structural public employees by professional titles, ensuring conformity with the functions, tasks, powers, operational funding, headquarters, necessary equipment, and working facilities;

- Plan for implementation organization and activity rollout roadmap of the public service provider;

- Recommendations from the agency or organization drafting the establishment scheme (if any);

- Other contents as prescribed by specialized laws and the guidance of the sectorial management ministry in Vietnam.

More details can be found in Decree 120/2020/ND-CP, which comes into force in Vietnam from December 1, 2020.

Thuy Tram

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