Proposal on the specialized agencies under the District-level People's Committee in Vietnam

Proposal on the specialized agencies under the District-level People's Committee in Vietnam​ (Image from the internet)

The content mentioned in the Draft Decree stipulates the organization of specialized agencies under the provincial and district-level People's Committees in Vietnam.

The Draft Decree consists of 5 chapters with 25 articles. To be specific:

a) Chapter I: General provisions, includes 2 articles (from Article 1 to Article 2), governing: Scope of regulation and subjects of application; principles of organization and operation of specialized agencies under the provincial and district-level People's Committees.

b) Chapter II: Provisions on specialized agencies under the provincial People's Committee, includes 8 articles (from Article 2 to Article 10), stipulating the position, function, tasks, powers, and organizational structure of departments; the head, number of Deputy Directors of departments, and the number of deputies of subordinate organizations; working policies of departments, authority, and responsibility of the Director of the department; departments organized uniformly, departments organized with specific characteristics; framework for the number of departments.

c) Chapter III: Provisions on specialized agencies under the district-level People's Committee, includes 7 articles (from Article 11 to Article 17), stipulating the position, function, tasks, powers of departments; the head, number of Deputy Heads of departments; working policies and responsibilities of the Head of the department; departments organized uniformly, departments organized with specific characteristics; framework for the number of departments and minimum staffing of departments.

d) Chapter IV: Provisions on the duties and powers of the Minister of Home Affairs; Ministers, Heads of agencies at the same level; provincial People's Committees; Chairpersons of provincial People's Committees, district-level People's Committees, Chairpersons of district-level People's Committees include 6 articles (from Article 18 to Article 23).

e) Chapter V: Implementation provisions, includes 2 articles (Article 24 and Article 25), governing the effective date of implementation and responsibility for implementation.

Proposal on specialized agencies under the District-level People's Committee in Vietnam

Regarding specialized agencies under the district-level People's Committee, the Draft Decree fundamentally inherits the regulations on specialized agencies under the district-level People's Committee (from Article 11 to Article 17); and simultaneously amends and supplements certain provisions. To be specific:

Regarding the head and deputies of the head of a department (Article 13)

Add criteria on staffing for departments under departments as stipulated at point c, clause 2, Article 6 of the Decree.

Add provisions for departments under district-level People's Committees under Hanoi City and Ho Chi Minh City, allowing an increase of no more than 5 Deputy Heads for each urban district, rural district, district-level town, city under the city besides the average number of Deputy Heads according to common regulations.

Regarding the organization of departments (Article 15, 16)

(1) Departments organized uniformly include 9 departments, including: Department of Home Affairs; Department of Justice; Department of Finance; Department of Education and Training; Department of Health; Department of Economy, Infrastructure, and Urbanism; Department of Culture, Science and Information; District Inspectorate; Office of the People's Council and People's Committee.

(2) Departments organized with specific characteristics include 3 departments, including: Department of Natural Resources and Environment in urban districts, cities under the city; Department of Agriculture and Environment in rural districts, district-level towns; Department of Ethnic and Religious Affairs.

The merging and transfer of functions and duties between departments are based on principles that match the departments and ensure streamlining, in line with the requirements of state management in sectors and fields at the district level.

Number and minimum staffing of departments under the District-level People's Committee in Vietnam

- Regarding the number of departments: Based on the regulations in Article 15 and Article 16 of the Decree and the requirements of state management in sectors and fields, localities decide on the establishment of departments accordingly, ensuring no more than 10 departments.

For Hanoi City and Ho Chi Minh City, 10 departments are organized (excluding additional departments allowed under the Capital Law and departments established on a pilot basis). Hanoi City and Ho Chi Minh City decide on establishing, splitting, or merging professional departments under the district-level People's Committee, ensuring they meet city-specific characteristics and do not exceed the regulated number of departments.

-. The minimum staffing for a department is at least 5 personnel. If the minimum staffing required is not met, localities will carry out mergers or incorporations as regulated and in line with state management requirements in sectors and fields in localities.

Refer to more details in the Draft Decree regulating the organization of specialized agencies under the provincial and district-level People's Committees.

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