The drafting of the Decree aims to complete the legal framework for arranging specialized agencies under the People's Committees at provincial and commune levels - Photo: VGP
The Ministry of Home Affairs has developed and completed the draft Decree of the Government regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities and the People's Committees of communes, wards and special zones (replacing Decree No. 45/2025/ND-CP dated February 28, 2025 of the Government regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities and the People's Committees of districts, towns and provincial cities and centrally run cities).
The development of the Decree aims to complete the legal framework for arranging specialized agencies under the People's Committees at the provincial and communal levels according to the policies and orientations in the Conclusion of the Politburo and the Secretariat to transform the local government organization model from the current 3 levels (provincial, district and communal levels) to a 2-level local government organization model (provincial and communal levels), ensuring a streamlined, efficient, effective, and unified apparatus and the consistency and smoothness of the state administration from the central to communal levels.
On average, each department arranges 04 Deputy Directors.
According to the Ministry of Home Affairs, the draft Decree removes the regulations on organizing specialized agencies at the district level and edits the contents of the regulations on organizing specialized agencies at the commune level, ensuring consistency with the orientation of the Steering Committee on arranging administrative units at all levels and building a 2-level local government organization model.
Notably, according to the Ministry of Home Affairs, implementing the policy of arranging administrative units and organizing local governments at two levels (provincial and communal levels), the scale of organization and scope of management by area (natural area, population, scope of management, etc.) of localities has become much larger than before.
Therefore, in order for provincial-level professional agencies to effectively perform their assigned functions, tasks and powers in the context of expanded scale and scope of management, it is necessary to amend the regulations on the number of deputy heads of departments, specialized divisions under departments and the minimum staffing criteria when establishing divisions accordingly.
Accordingly, for specialized agencies under the provincial People's Committee, the draft Decree proposes to stipulate criteria for determining the number of deputy heads of specialized departments and minimum staffing criteria when establishing specialized departments under the department as prescribed for departments under the department in Hanoi and Ho Chi Minh City (prescribed in Decree No. 45/2025/ND-CP) for unified implementation in all localities.
Specifically, regarding the number of Deputy Heads of specialized and professional departments under the Department: Departments under the Department with less than 10 civil servant positions are assigned 01 Deputy Head of Department; Departments under the Department with from 10 to 14 civil servant positions are assigned no more than 02 Deputy Heads of Department. Departments under the Department with 15 or more civil servant positions are assigned no more than 03 Deputy Heads of Department (remaining the same as stipulated in Point c, Clause 2, Article 6 of Decree No. 45/2025/ND-CP).
Regarding the minimum staffing criteria when establishing a professional and technical department under the department: The workload requires a minimum of 7 civil servant positions.
Regarding the number of deputy directors of the Department, the draft Decree proposes to stipulate that each department will have an average of 04 Deputy Directors, an increase of 01 Deputy Director compared to the provisions of Decree No. 45/2025/ND-CP. Particularly, Hanoi and Ho Chi Minh City, in addition to the total number of Deputy Directors of the Department according to the average calculation, Hanoi City can increase by no more than 10 Deputy Directors and Ho Chi Minh City can increase by no more than 15 Deputy Directors.
Phu Quoc Special Zone is organized with no more than 5 rooms.
For specialized agencies under the People's Committee at the commune level, in order to comply with the orientation of organizing local government according to the 2-level model in Document No. 03/CV-BCĐ, the draft Decree stipulates: Each department is assigned 01 full-time leader and manager. In case the Vice Chairman of the People's Committee at the commune level is also the Head of the Department, the department is assigned 01 Deputy Head of the Department.
For specialized departments organized at the commune level, based on the orientation of a number of tasks of arranging administrative units and organizing local governments at 2 levels, the draft Decree stipulates the arrangement and consolidation of specialized departments organized at the commune level, including: (1) Office of the People's Council and People's Committee; (2) Economic Department (for communes and special zones) or Economic, Infrastructure and Urban Department (for wards and special zones in Phu Quoc); (3) Department of Culture - Society.
Based on criteria on population size, natural area, socio-economic development conditions and specific factors of each type of administrative unit in rural, urban and island areas, the People's Committee at the commune level is allowed to organize specialized agencies or arrange specialized civil servant positions to advise and assist the People's Committee at the commune level in sectors and fields in the commune level according to regulations.
The number of civil servant positions to be arranged for specialized departments or communal civil servants according to job positions at the communal level is implemented according to Government regulations. Decentralization to the provincial local government to decide on the number of civil servant positions at communal administrative units within the total number of positions assigned by competent authorities in accordance with local characteristics and conditions.
Regarding the number of departments under the People's Committee at the commune level, the draft Decree stipulates that there are 03 specialized departments and equivalent; at the same time, it stipulates criteria for local authorities to decide whether or not to establish 01 additional specialized department. Accordingly, the People's Committee at the commune level is decentralized to specify the functions of each specialized department and equivalent.
Criteria for establishing 01 more specialized department are: Communes, wards, and special zones with a population of over 60,000 people.
Because according to the Ministry of Home Affairs, based on the synthesis of reports from localities, the administrative units in communes have an average of 27,000 people, in wards it is 60,000 people. Choosing the criterion of 60,000 people, equivalent to 02 times the average in communes and equivalent to the average in wards is appropriate. Because in wards, in addition to handling procedures related to people, wards are concentrated areas for economic development, so it is necessary to strengthen the advisory apparatus to assist the People's Committee of wards. Thus, applying this criterion, there are 390/3,321 commune-level administrative units with over 60,000 people (equivalent to 11.7%), including: 134/2,621 communes (equivalent to 5.1%); 254/687 wards (equivalent to 37%) and 02/13 special zones (equivalent to 15.4%).
The use of population size as a criterion for establishing one more specialized department stems from the task of the commune level focusing on handling procedures and serving the essential needs of the people. Phu Quoc special zone alone is organized with no more than 5 departments.
The public administrative service center under the People's Committee at the commune level shall comply with the Government's regulations (Decree replacing Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on implementing one-stop shop and one-stop shop in handling administrative procedures).
Thu Giang
Source: https://baochinhphu.vn/de-xuat-xa-phuong-dac-khu-tren-60000-dan-duoc-thanh-lap-them-phong-chuyen-mon-102250602095643179.htm
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