Procedures for establishing a public service provider in Vietnam in 2020

Recently, the Government of Vietnam issued Decree 120/2020/ND-CP providing regulations on 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

Procedures for establishing a public service provider in Vietnam in 2020 (Illustrative image)

According to Article 12 of Decree 120/2020/ND-CP, the procedures for establishing a public service provider in Vietnam are guided as follows:

1. Order of submission and receipt of the establishment dossier for a public service provider in Vietnam

- The agency or organization proposing the establishment of a public service provider shall send one set of the establishment dossier of the public service provider to the appraisal agency or organization specified in Clause 1, Article 13 of Decree 120/2020/ND-CP for appraisal; for related agencies or organizations for coordination or information, only list the names of those agencies or organizations in the distribution list of the document or proposal for establishment (if specialized law provides otherwise, follow the provisions of specialized law).

- The agency or organization receiving the establishment dossier of the public service provider must create a list of dossiers as prescribed.

- The documents sent must be original documents signed and sealed by the proposing agency or organization and other related documents as prescribed in Article 11 of Decree 120/2020/ND-CP.

2. Decision on the establishment of a public service provider in Vietnam

The competent agency or person to decide on the establishment will base their decision on the proposal document and the appraisal document to issue a document establishing the public service provider. The decision to establish must be in accordance with the authority to establish a public service provider and other relevant legislative documents.

More details can be found in Decree 120/2020/ND-CP, which comes into force in Vietnam from December 01, 2020.

Thuy Tram

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