Vietnam: Regulations on the number of deputy heads of public service providers from September 01, 2024

Vietnam: Regulations on the number of deputy heads of public service providers from September 01, 2024 (Image from the Internet)

On July 10, 2024, the Government of Vietnam promulgated Decree 83/2024/ND-CP amending Decree 123/2016/ND-CP on the functions, tasks, powers, and organizational structure of Ministries and Ministry-level agencies as amended by Decree 101/2020/ND-CP; Decree 10/2016/ND-CP on the regulation of agencies under the Government of Vietnam as amended by Decree 47/2019/ND-CP; and Decree 120/2020/ND-CP on the establishment, reorganization, and dissolution of public service providers.

Vietnam: Regulations on the number of deputy heads of public service providers from September 01, 2024

From September 1, 2024, the number of deputy heads of public service provider heads will be regulated as follows:

- For public service providers that self-finance recurrent expenditures and investment expenditures: The number of deputy heads of units within the organizational structure of Ministries and Ministry-level agencies is on average no more than 03 per unit; other units shall implement according to the establishment scheme (for newly established units) or the unit's autonomy scheme approved by the competent authority;

- For public service providers that self-finance recurrent expenditures: The number of deputy heads of units within the organizational structure of Ministries and Ministry-level agencies is on average no more than 03 per unit; other units are allocated no more than 03 deputy heads;

- For public service providers partially covering their own recurrent expenditures or public service providers covered by state budget for recurrent expenditures:

The number of deputy heads of units within the organizational structure of Ministries and Ministry-level agencies is on average no more than 03 per unit.

Units specified in point (a), clause 1 (except for units within the organizational structure of Ministries and Ministry-level agencies), clause 2, and point (a), clause 4, Article 2 of Decree 120/2020/ND-CP with up to 20 working public employees are allocated no more than 02 deputy heads; units with more than 20 working public employees are allocated no more than 03 deputy heads.

Units specified in points (b), (c), (d), (dd), clause 1; clause 3; points (b), (c), (d), clause 4; and clause 5, Article 2 of Decree 120/2020/ND-CP are allocated no more than 02 deputy heads. For Grade I hospitals or higher; provincial Grade I or higher public health service providers tasked with disease control and prevention; primary and secondary schools with 40 or more classes, no more than 03 deputy heads are allocated.

(Clause 2, Article 6 of Decree 120/2020/ND-CP, amended by Decree 83/2024/ND-CP)

Conditions for establishing public service providers in Vietnam in 2024

The conditions for establishing public service providers include:

(1) Compliance with national sector planning or network planning for public service providers (if any) approved by the competent authority;

(2) Meeting the criteria for establishing public service providers as stipulated by specialized laws;

(3) Clearly identifying the objectives, functions, and tasks of the unit providing public services for state management purposes;

(4) Ensuring a minimum workforce of 15 employees (except for public service providers offering basic and essential public services established according to specialized laws);

For public service providers that self-finance recurrent expenditures, and self-finance recurrent and investment expenditures, when these units are established, the minimum number of employees includes public employees as determined by the establishment scheme. For public service providers that self-finance recurrent and investment expenditures and operate under enterprise mechanisms, the minimum number of employees includes public employees and professional staff under labor contract policies.

For overseas public service providers, the number of employees is approved by the Prime Minister of Vietnam according to the establishment scheme.

(5) Having office premises or an approved land allocation plan for building office premises (for new offices); necessary initial equipment; human resources and operational funding as defined by law.

(6) Overseas public service providers: In addition to meeting the above conditions, they must comply with the foreign policy of the Communist Party and the State and the agreement between the Government of Vietnam and the host country's government on the establishment and operation of public service providers.

(Clause 1, Article 5 of Decree 120/2020/ND-CP)

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