Supplementing regulations on transferring public service units

The Government has just issued Decree No. 283/2025/ND-CP dated October 31, 2025 amending and supplementing a number of articles of Decree No. 120/2020/ND-CP dated October 7, 2020 of the Government regulating the establishment, reorganization and dissolution of public service units; including additional provisions on the transfer of public service units.

Transfer of public service units is the transfer of management authority over service units between management agencies or agencies assigned to manage public service units.

Specifically, Decree No. 283/2025/ND-CP supplements Article 18a on the transfer of public service units. Accordingly, the transfer of public service units is the transfer of management authority over service units between management agencies or agencies assigned to manage public service units. The transfer of public service units is carried out according to the principle of transferring the status quo of public service units.

Authority to decide on the transfer of public service units

Decree specifically stipulates the authority to decide on the transfer of public service units:

The Prime Minister decides on the transfer of public service units between ministries, ministerial-level agencies, and government agencies (except for public service units under the organizational structure of ministries, ministerial-level agencies, and government agencies); between ministries, ministerial-level agencies, and government agencies and provincial-level People's Committees, and between provincial-level People's Committees.

Ministers, Heads of ministerial-level agencies, and Heads of Government agencies decide on the transfer of public service units between organizations and units under ministries, ministerial-level agencies, and Government agencies.

The Provincial People's Committee decides on the transfer of public service units between specialized agencies and other administrative organizations under the Provincial People's Committee; between specialized agencies and other administrative organizations under the Provincial People's Committee and the Commune People's Committee, and between Commune People's Committees.

Appraisal records for transfer of public service units

Decree 283/2025/ND-CP stipulates the dossier for appraisal of transfer of public service units between ministries, ministerial-level agencies, government agencies, and provincial People's Committees, including:

a) The appraisal request document is signed and sealed by the agency requesting the transfer of the public service unit according to regulations;

b) Draft Project for transferring public service units developed by the agency proposing to transfer the public service unit, including: Necessity and legal basis of the transfer; current status of organization and operation of the public service unit before transfer; plan for handling organizational structure, personnel, finance, assets, land, rights, obligations and responsibilities associated with the functions and tasks of providing public service, serving state management of the unit and other related issues when implementing the transfer; relevant documents (land documents, assets, funding, human resources); documents of competent agencies and organizations confirming finance, assets, land, loans, payable debts and other related issues (if any); method of transferring the public service unit; conditions and commitments for handing over the public service unit (if any); Responsibilities of agencies implementing and receiving transfers of public service units; responsibilities of transferred public service units; other contents are implemented according to regulations of specialized laws and instructions of the ministry managing the industry and field;

c) Draft proposal for transfer of public service unit;

d) Draft document of the competent person deciding on the transfer of public service units according to regulations;

d) Written consent of the agency or organization receiving the transfer of the public service unit;

e) Written opinions of relevant agencies and organizations on the transfer of public service units;

g) Report on receiving and explaining opinions of relevant agencies and organizations;

h) Other contents shall comply with the provisions of specialized laws and instructions of the ministry managing the industry or field.

Procedures for transferring public service units

Decree 283/2025/ND-CP specifically stipulates the order and procedures for transferring public service units between ministries, ministerial-level agencies, government agencies, and provincial People's Committees as follows:

The agency proposing the transfer of a public service unit shall send the documents prescribed in Points a, b and c above to the agency or organization receiving the transfer of the public service unit, the Ministry of Home Affairs, the Ministry of Justice , the Ministry of Finance, the ministry managing the sector or field of operation of the public service unit and relevant agencies (if any) to obtain written opinions on the transfer of the public service unit before sending it to the competent authority for appraisal. The collection of opinions from other agencies and organizations shall be carried out in accordance with the provisions of specialized laws.

The agency proposing to transfer a public service unit shall send a set of documents as prescribed to the Ministry of Home Affairs for appraisal.

The agency proposing to transfer a public service unit shall submit to the competent person to decide on the transfer of the public service unit the dossier including: Submission; project to transfer the public service unit; draft document of the competent person to decide on the transfer of the public service unit; appraisal document of the competent agency; report on acceptance and explanation of opinions of the appraisal agency; report on acceptance and explanation of opinions of relevant agencies and organizations; other contents shall comply with the provisions of specialized laws and instructions of the ministry managing the sector or field.

The appraisal, processing of dossiers and the time limit for handling the transfer of public service units are carried out as prescribed for the establishment of public service units.

Organization of implementation of transfer of public service units

Regarding the organization of the implementation of the transfer of public service units between ministries, ministerial-level agencies, government agencies, and provincial People's Committees after receiving a document from a competent person deciding to transfer a public service unit, Decree 283/2025/ND-CP clearly states:

The head of the public service unit prepares legal documents and records according to the Project for transferring public service units.

The agencies transferring and receiving the transfer of public service units shall sign the Minutes of transfer of public service units, including the following main contents: Name and address of the agency transferring and receiving the transfer of public service units; name and address of the transferring public service unit and related documents; method of transfer of public service units; conditions and commitments to transfer and receive the transfer of public service units (if any); responsibilities of the agencies implementing the transfer and receiving the transfer of public service units, responsibilities of the transferred public service units according to the Project on transfer of public service units.

After completing the transfer of a public service unit, the transferring agency shall prepare a dossier requesting the transfer of assets to the competent agency or person in accordance with the provisions of law on management and use of public assets; and send a document to the competent agency assigning the payroll to carry out the transfer of civil servant payroll in accordance with the provisions.

Regarding the transfer of public service units between organizations and units under ministries, ministerial-level agencies, government agencies, and provincial People's Committees, Decree 283/2025/ND-CP stipulates:

Ministers, Heads of ministerial-level agencies, and Heads of Government agencies shall decide on the application of regulations on records, procedures, and formalities in Clauses 3 and 4 of this Article to carry out the transfer of public service units between organizations and units under ministries, ministerial-level agencies, and Government agencies.

The People's Committee at the provincial level decides on the application of regulations on records, order and procedures in Clause 3 and Clause 4 of this Article to carry out the transfer of public service units between specialized agencies and other administrative organizations under the People's Committee at the provincial level; between specialized agencies and other administrative organizations under the People's Committee at the provincial level and the People's Committee at the commune level, and between the People's Committees at the commune level.

Source: https://hanoimoi.vn/bo-sung-quy-dinh-ve-chuyen-giao-don-vi-su-nghiep-cong-lap-721812.html