It is required to obtain written opinions when establishing public service providers in Vietnam

It is required to obtain written opinions when establishing public service providers in Vietnam (Illustration)

According to Article 10 of Decree 120/2020/ND-CP, the process of obtaining written opinions from relevant agencies and organizations in Vietnam is as follows:

1. The agency or organization proposing the establishment of a public service provider must send a draft proposal, a submission, and a draft document from the authority or person who has the authority to decide on the establishment to the relevant agencies and organizations as prescribed by law to obtain written opinions on the establishment of the public service provider before submitting to the competent authority for appraisal in Vietnam.

- For public service providers under the decision-making authority of the Government of Vietnam or the Prime Minister of Vietnam: The application for establishment must be sent to obtain opinions from the Ministries of: Home Affairs, Justice, Finance, Planning and Investment, the managing ministry of the sector or field of activity of the public service provider, and other relevant agencies (if any);

- For public service providers under the decision-making authority of Ministers, Heads of ministerial-level agencies, agencies under the Government of Vietnam, and heads of organizations established by the Government of Vietnam or the Prime Minister of Vietnam (excluding public service providers): The application for establishment must be sent to obtain opinions from advisory organizations in the fields of: personnel organization, legal affairs, planning, finance, and other relevant organizations (if any);

- For public service providers under the decision-making authority of the provincial People’s Committee: The application for establishment must be sent to obtain opinions from the specialized agencies under the provincial People’s Committee in the sectors and fields of: home affairs, justice, finance, planning and investment, the specialized advisory agencies managing the state in the sectors and fields of activity of the public service provider, and other relevant organizations (if any);

- For public service providers under the decision-making authority of the district People’s Committee: The application for establishment must be sent to obtain opinions from the specialized agencies under the district People’s Committee in the sectors and fields of: home affairs, justice, planning, finance, the specialized advisory agencies managing the state in the sectors and fields of activity of the public service provider, and other relevant organizations (if any).

2. For the establishment of public service providers abroad, it is necessary to additionally obtain opinions from the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Public Security, and Ministry of National Defense of Vietnam.

3. The process of obtaining opinions from other agencies and organizations (other than those specified in Clauses 1 and 2 of this Article) shall be carried out in accordance with specialized legal regulations.

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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