Shall sub-department be established in Vietnam when there are 15 official payrolls?

Shall sub-department be established in Vietnam when there are 15 official payrolls?
Le Hai

On August 28, 2020, the Government of Vietnam issued Decree 101/2020/ND-CP amending and supplementing a number of articles of Decree 123/2016/ND-CP dated September 1, 2016, of the Government of Vietnam regulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies.

Decree 101/2020/ND-CP amends Article 18b on the criteria for establishing sub-departments and equivalents ivn (hereinafter referred to as sub-departments), and the number of deputy heads of the sub-department head. To be specific, as follows:

Sub-departments in Vietnam under departments belonging to ministries are established when they meet the following criteria:

- They oversee the management of specialized fields and sectors within the jurisdiction and duties of the department as prescribed by specialized legal regulations;

- They are delegated and authorized by the Department Head to make decisions on matters within the decision-making authority of the Department Head;

- The workload requires the arrangement of at least 15 official payrolls.

Regarding the number of deputy heads of the sub-department head under departments belonging to ministries:

- Sub-departments with from 01 to 03 divisions may have 01 deputy head; those with 04 or more divisions may have no more than 02 deputy heads;

- Sub-departments without divisions may have no more than 02 deputy heads.

See details at Decree 101/2020/ND-CP effective from November 15, 2020.

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