Procedures for approval of number of people working in public non-business units on annual basis in Vietnam

Procedures for approval of number of people working in public non-business units on annual basis in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for approval of number of people working in public non-business units on annual basis in Vietnam

Procedures for approval of number of people working in public non-business units on annual basis in Vietnam according to Article 9 of Decree 106/2020/ND-CP is as follows:

- Public non-business units self-finance recurrent and investment expenditures and public non-business units self-finance recurrent expenditures according to Clause 2, Article 4 of Decree 106/2020/ND-CP and its guiding documents of competent agencies on the norm of number of people working in public non-business units by industry or field in order to plan the number of people working annually;

Organizing the appraisal and submitting it to the head of the public non-business unit for approval. If a public non-business unit has a Management Council, the head of the unit must submit it to the council for approval before deciding to approve the number of employees of the unit.

- Public non-business units cover part of recurrent expenditures by themselves, and public non-business units have recurrent expenditures covered by the state budget.

+ Pursuant to Clause 2, Article 4 of Decree 106/2020/ND-CP and its guiding documents of competent agencies on norms of the number of people working in public non-business units by industry and field, public non-business units shall make plans on the number of people working for salaries from the annual state budget of their units and report them to their direct superior management agencies to report to agencies and organizations specified at Point b, Clause 2, Article 9 of Decree 106/2020/ND-CP.

For public non-business units that cover part of their recurrent expenditures by themselves, the plan on the number of employees includes: the number of people working with salaries from the state budget and the number of people working with salaries from non-business revenue.

+ Agencies and organizations assigned with the task of organizing and staffing ministries, branches, and localities shall receive dossiers and organize the appraisal of the number of employees for public non-business units, aggregate the number of people working in public non-business units that partly self-finance recurrent expenditures, and in public non-business units covered by the state budget recurrent expenditures of ministries, branches, and localities to submit to the heads of ministries, branches, and localities for submission to the Ministry of Home Affairs for appraisal.

+ The Ministry of Home Affairs appraises the plan based on the number of people working with salaries from the state budget in public non-business units, part of the recurrent expenditures that are self-financed, and in public administrative units, the recurrent expenditures of ministries, branches, and localities are covered by the state budget.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of organizations established by the Government or the Prime Minister but not a public non-business unit, the Director of Vietnam National University, Hanoi, the Director of Vietnam National University, Ho Chi Minh City, decided:

Assigning the number of people to work with salaries from the state budget for each public non-business unit, part of its recurrent expenditures are self-financed, and recurrent expenditures are guaranteed by the state budget under its management out of the total number of employees appraised by the Ministry of Home Affairs;

Decision on assigning the number of people to work with salaries from non-business revenues to non-business units that cover part of recurrent expenditures under their management.

+ Provincial-level People's Committees shall submit to the People's Councils of the same level for approval the number of wage earners from the state budget in public non-business units that partially cover recurrent expenditures and public non-business units whose recurrent expenditures are guaranteed by the state budget under its management out of the total number of employees who have been appraised by the Ministry of Home Affairs;

The decision to assign the number of people to work for salary from the state budget for each public non-business unit under its management out of the total number of employees approved by the People's Council;

Decision on assigning the number of people to work with salaries from non-business revenues to non-business units that cover part of recurrent expenditures under their management.

2. Annul adjustment on the number of people working in public non-business units in Vietnam 

Adjustment on the annual number of people working in public non-business units according to Article 11 of Decree 106/2020/ND-CP as follows:

- The adjustment of the number of people working in public non-business units shall be effected in the following cases:

+ The public non-business unit has changed one of the bases specified in Clause 2, Article 4 of Decree 106/2020/ND-CP;

+ Public non-business units established or reorganized under the decisions of competent agencies.

- The order and dossier for adjusting the number of employees comply with the provisions of Articles 9 and 10 of Decree 106/2020/ND-CP.

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