THE
GOVERNMENT OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
No: 83/2024/ND-CP |
Hanoi, July 10, 2024 |
AMENDING A NUMBER OF ARTICLES OF DECREE NO. 123/2016/ND-CP DATED SEPTEMBER 1, 2016 OF THE GOVERNMENT DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURES OF MINISTRIES AND MINISTERIAL-LEVEL AGENCIES THAT HAS AMENDED BY DECREE NO. 101/2020/ND-CP DATED AUGUST 28, 2020 OF THE GOVERNMENT; DECREE NO. 10/2016/ND-CP DATED FEBRUARY 1, 2016 OF THE GOVERNMENT ON GOVERNMENT AGENCIES THAT HAS BEEN AMENDED BY DECREE NO. 47/2019/ND-CP DATED JUNE 5, 2019 OF THE GOVERNMENT AND DECREE NO. 120/2020/ND-CP DATED OCTOBER 7, 2020 OF THE GOVERNMENT ON ESTABLISHMENT, REORGANIZATION AND DISSOLUTION OF PUBLIC SERVICE PROVIDERS
Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;
Pursuant to Law on Public employees dated November 15, 2010; Law on amendments to Law on Officials and Law on Public employees dated November 25, 2019;
At the request of the Minister of Home Affairs;
The Government issues a Decree amending a number of articles of Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies that has been amended by Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government; Decree No. 10/2016/ND-CP dated February 1, 2016 of the Government on Government agencies that has been amended by Decree No. 47/2019/ND-CP dated June 5, 2019 of the Government and Decree No. 120/2020/ND-CP dated October 7, 2020 of the Government on establishment, reorganization and dissolution of public service providers.
Article 1. Amendments to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies that has been amended by Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government
1. Addition of point c to clause 2 of Article 18b that has been added to Decree No. 123/2016/ND-CP by clause 7 of Article 1 of Decree No. 101/2020/ND-CP:
“c) The Ministers or Heads of ministerial agencies shall decide or decentralize the decision on the number of deputies of the head of a sub-department, ensuring an average of no more than 03 people per sub-department when the sub-department satisfies one of the following criteria:
Perform the task of handling administrative procedures 24/24 hours a day in accordance with law, assign officials (including the head of the sub-department) to work 3 shifts/day and be allowed to have 60 official payrolls or more;
Be assigned to manage inter-province and inter-district areas and have 09 or more divisions or equivalent organizations under the organizational structure of the sub-department in accordance with law;".
2. Amendments to points a and b of Clause 5 of Article 22 of Decree No. 123/2016/ND-CP , which has been amended by Clause 12 of Article 1 of Decree No. 101/2020/ND-CP:
“a) A department affiliated to a general department with 15 to 20 official payrolls, a department (except for a local department), an inspectorate, or an office affiliated to a general department with less than 04 organizations shall only be allowed to assign no more than 02 deputies;
“b) For a department affiliated to a general department with 15 to 20 official payrolls, a department (except for local departments), an inspectorate, or an office affiliated to a general department with more than 04 organizations, Ministers and Heads of a ministerial agencies shall decide on the number of deputies of each unit, ensuring an average of no more than 3 people per unit;"
Article 2. Amendments to Point a of Clause 6 of Article 4 of Decree No. 10/2016/ND-CP dated February 1, 2016 of the Government on Government agencies which has been amended by Clause 2 of Article 1 of Decree No. 47/2019/ND-CP dated June 5, 2019 of the Government
“a) Divisions and Offices with 15 to 20 officials and public employees shall be allowed to have no more than 02 deputies; Divisions and Offices with more than 20 officials and public employees shall have the Head of the Government agency decide on the number of deputies for each unit, ensuring an average of no more than 03 people per unit;”,
c) For public service providers self-covering part of recurrent expenses, public service providers whose recurrent expenses are covered by the state budget:
The number of deputies of units under the organizational structure of ministries and ministerial shall not exceed 03 people per unit on average.
Units specified in Point a of Clause 1 (except for units under the organizational structure of ministries and ministerial agencies), Clause 2 and Point a of Clause 4 of Article 2 of this Decree with 20 or fewer officials shall be have no more than 02 deputies; units with more than 20 officials shall be have no more than 03 deputies.
Units specified in Point a of Clause 1 (except for units under the organizational structure of ministries and ministerial agencies), Clause 2 and Point a of Clause 4 of Article 2 of this Decree with 20 or fewer officials shall have no more than 02 deputies; units with more than 20 officials shall have no more than 03 deputies”.
Article 4. Implementation clauses
1. This Circular comes into force from September 01, 2024.
2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairmen of People’s Committees of provinces and centrally affiliated cities and relevant agencies, organizations, and individuals are responsible for the implementation of this Decree./.
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ON
BEHALF OF GOVERNMENT |
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