Regulations on the number of deputies of the head of a public service unit in Vietnam

Regulations on the number of deputies of the head of a public service unit in Vietnam (Internet image)

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

1. Regulations on the number of deputies of the head of a public service unit in Vietnam

Regulations on the frame of the number of deputy heads of the heads of public service unit according to Clause 2, Article 6 of Decree 120/2020/ND-CP are as follows:

- For public service units that cover their own recurrent and investment expenditures: The average number of deputies of units belonging to the organizational structure of ministries and ministerial-level agencies is no more than 3 people per unit; other units are implemented according to the establishment scheme (in case of new establishment) or the autonomy scheme of the unit already approved by the competent authority;

- For public service unit that self-finance recurrent expenditures: the number of deputy heads of units in the organizational structure of ministries and ministerial-level agencies shall not exceed 03 persons per unit on average; Other units are assigned no more than 03 people;

- For public service unit that cover part of their recurrent expenditures by themselves and for public service unit whose recurrent expenditures are guaranteed by the state budget:

The number of deputy heads of units under the organizational structure of ministries and ministerial-level agencies is arranged on average to not exceed 03 people per unit.

Units specified at Point a, Clause 1 (except for units belonging to the organizational structure of ministries and ministerial-level agencies), Clause 2 and Point a, Clause 4, Article 2 of Decree 120/2020/ND-CP have 20 people working as public employees or less, and no more than 02 deputy levels shall be arranged; have 20 people working as civil servants and are assigned no more than 03 deputies.

Units specified at 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 assigned no more than 02 deputy levels.

2. Conditions for establishment, reorganization, and dissolution of public service units in Vietnam

Conditions for establishment, reorganization, and dissolution of public service unit according to Article 5 of Decree 120/2020/ND-CP are as follows:

- Conditions for establishing a public service unit:

+ Conform to the national sector planning or the network planning of public service unit (if any) approved by competent authorities;

+ Meets all criteria for establishing a public service unit according to specialized laws;

+ Clearly define the objectives, functions, and tasks of the public administrative service provider;

+ Ensure the minimum number of employees is 15 (except for public service unit providing basic and essential public non-business services established in accordance with specialized laws).

For public service units that self-guarantee regular expenditures and public service units that self-guarantee regular expenditures and investment expenditures, when establishing these units, the minimum number of people working as public employees is determined according to the Establishment Plan.

For public service units that cover their own recurrent and investment expenditures and operate under the enterprise mechanism, the minimum number of employees includes officials and professional workers under the labor contract regime.

For overseas public service unit, the number of employees shall be approved by the Prime Minister in the Scheme on establishment of public service unit.

+ Having a working office or a land allocation scheme for the construction of a working office already approved by a competent authority (in case of building a new office); initial necessary equipment; Human resources and operating funds according to the provisions of law.

+ Overseas public service unit: In addition to satisfying the conditions specified at Points a, b, c, d, dd, Clause 1, Article 5 of Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the establishment and operation of public service unit. .

- Conditions for reorganizing public service units:

+ There are adjustments in functions, tasks, and powers to be consistent with the national sector planning or the network planning of public service unit (if any) approved by competent authorities; ensure to improve operational efficiency and meet the regulations on the minimum number of employees specified at Point d, Clause 1, Article 5 of Decree 120/2020/ND-CP;

+ Not fully meeting the criteria for establishing a public service unit according to the provisions of the law;

+ The reorganization of units ensures that the unit's existing level of financial autonomy is not reduced; In case of consolidation or merger of public service units with financial autonomy at different levels, the level of financial autonomy of public service units after consolidation or merger is implemented according to the decision of the competent authority;

+ Public service units abroad: In addition to meeting one of the conditions specified in Points a, b, and c, Clause 2, Article 5 of Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the reorganization and operation of public service units. 

- Conditions for dissolution of public service units:

+ No longer has the function and task of providing public services and state management;

+ Does not meet the criteria for establishing a public service unit according to the provisions of law;

+ Three consecutive years of ineffective operations, according to the assessment of the competent authority;

+ Complying with the national branch planning or the network planning of public service unit (if any) already approved by the competent authorities;

+ Overseas public service unit: In addition to satisfying one of the conditions specified at Points a, b, c, d, Clause 3, Article 5 of Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the dissolution of public service unit.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE