Decree No. 370/2025/ND-CP on amendments to Decree No. 150/2025/ND-CP on organization of specialized authorities affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special zones of provinces and central-affiliated cities

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 150/2025/ND-CP DATED JUNE 12, 2025 ON ORGANIZATION OF SPECIALIZED AUTHORITIES AFFILIATED TO PEOPLE’S COMMITTEES OF PROVINCES AND CENTRAL-AFFILIATED CITIES AND PEOPLE’S COMMITTEES OF COMMUNES, WARDS AND SPECIAL ZONES OF PROVINCES AND CENTRAL-AFFILIATED CITIES

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

At the request of the Minister of Home Affairs;

The Government promulgates Decree on amendments to some articles of the Government’s Decree No. 150/2025/ND-CP dated June 12, 2025 on organization of specialized authorities affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special zones of provinces and central-affiliated cities.

Article 1. Amendments to clause 2 Article 1

“2. This Decree applies to specialized authorities affiliated to provincial-level People’s Committees, including provincial-level departments and equivalents (hereinafter referred to as “departments”); specialized authorities affiliated to commune-level People’s Committees, including commune-level divisions and equivalents (hereinafter referred to as “divisions”).

Organization of specialized authorities affiliated to People’s Committees of special zones in specific cases shall comply with the Government’s regulations on duties, powers, organization, and operation of People’s Committees, Chairpersons of People’s Committees, specialized authorities, and other administrative organizations affiliated to the People’s Committees of special zones in specific cases”.

Article 2. Addition of clause 2a to Article 2

“2a. Determine the number of deputy heads of each authority/organization in such a way to apply the principle that the maximum number of deputy heads in an affiliate does not exceed the number of deputy heads in its direct superior organization. Regarding authorities and organizations at the same level, the maximum number of deputy heads in an authority/organization without internal units shall not exceed the number of deputy heads in an authority/organization with internal units”.

Article 3. Amendments to clause 11 Article 4

“11. Issue regulations on specific functions, tasks and powers of the office; specialized divisions affiliated to the department (if any) in conformity with functions, duties and powers of the department”.

Article 4. Amendments to Article 6

“Article 6. Heads and deputy heads of departments and number of deputy heads of organizations affiliated to departments

At the time of arrangement and organization of state apparatus, the number of deputy heads of an authority, organization or unit may exceed the prescribed number of deputy heads. Within 05 years from the effective date of decision on arrangement and organization of state apparatus issued by a competent authority, the number of deputy heads of the authority, organization or unit, after the arrangement shall comply with regulations. To be specific:

1. Head and deputy heads of a department

a) The head of the department affiliated to the provincial-level People’s Committee (hereinafter referred to as “Director”) is appointed by the Chairperson of the provincial-level People’s Committee and takes responsibility to the provincial-level People’s Committee, the Chairperson of the provincial-level People’s Committee and law for performance of functions, duties and powers of the department in accordance with working regulations and as assigned by the provincial-level People’s Committee;

b) Deputy heads of the department affiliated to the provincial-level People’s Committee (hereinafter referred to as “Deputy Directors”) are appointed by the Chairperson of the provincial-level People’s Committee as proposed by the Director, assist the Director in performing one or some specific duties assigned by the Director and assume responsibilities to the Director and law for performance of the assigned duties. When the Director is absent, one Deputy Director is authorized by the Director to manage operations of the department. The Deputy Director of the department shall not concurrently hold the position of the head of the organization or unit affiliated or directly affiliated to the department, unless otherwise prescribed by laws.

2. Number of Deputy Directors of the department

a) On average, each department has 03 Deputy Directors;

b) Regarding departments consolidated or merged, in case of consolidation or merger of two provincial-level administrative units, the consolidated/merged department may have 01 additional Deputy Director or in case of consolidation or merger of three provincial-level administrative units, the consolidated/merged department may have 02 additional Deputy Directors in comparison to the number of Deputy Directors prescribed in point a, clause 2 of this Article;

c) In case of consolidation or merger of departments as decided by a competent authority, the consolidated/merged department may have 01 additional Deputy Director;

d) In case of departments consolidated or merged according to the competent authority’s decision and continuation in consolidation/merger, if two provincial-level administrative units are consolidated/merged, the consolidated/merged department may have 02 additional Deputy Directors or if three provincial-level administrative units are consolidated/merged, the consolidated/merged department may have 03 additional Deputy Directors in comparison to the number of Deputy Directors prescribed in point a, clause 2 of this Article;

dd) In case where specialized departments are not consolidated or merged, upon the consolidation or merger of provincial-level administrative units, the number of Deputy Directors shall comply with regulations of point a, clause 2 of this Article;

e) Regarding Hanoi city and Ho Chi Minh City: In addition to total number of Deputy Directors prescribed in points a, b, c, and d, clause 2 of this Article, there may be up to 10 additional Deputy Directors;

g) According to criteria and principles for determination of the number of deputy heads prescribed in this Decree, the provincial-level People’s Committee shall determine total number of deputy heads of agencies, organizations and units under its management and decide the specific number of deputy heads of each agency, organization and unit within his/her jurisdiction.

3. Number of deputy heads of professional divisions affiliated to the department

a) Each division affiliated to the department may have 01 deputy head for less than 10 civil servant vacancies; up to 02 deputy heads for 10 – 14 civil servant vacancies; up to 03 deputies heads for at least 15 civil servant vacancies;

b) In case of consolidation or merger of divisions upon consolidation or merger of departments as prescribed in points b, c, and d, clause 2 of this Article, the increase in the number of deputy heads may be the same as the increase in the number of Deputy Directors specified in points b, c, d clause 2 of this Article. Such increase shall be based upon to number of deputy heads of the division with the most deputy heads prescribed in point a clause 3 of this Article.

4. The number of deputy chiefs of the department office shall comply with regulations in clause 3 of this Article.

5. Number of deputy heads of sub-departments affiliated to the department

a) The sub-department that has 01-03 divisions and equivalents is assigned 01 deputy head; the sub-department that has no division or at least 04 divisions and equivalents is assigned up to 02 deputy heads;

b) In case of consolidation or merger of sub-departments upon consolidation or merger of departments as prescribed in points b, c, and d, clause 2 of this Article, the increase in the number of deputy heads of the sub-department may be the same as the increase in deputy heads of the division specified in point b clause 3 of this Article.

6. The number of deputy heads of each sub-department under the department shall comply with regulations in point a clause 3 of this Article. b) In case of consolidation or merger of divisions affiliated to sub-departments under departments alongside consolidation or merger of departments as prescribed in points b, c, and d, clause 2 of this Article, the increase in the number of deputy heads of the division affiliated to the sub-department under the department after the consolidation or merger may be the same as the increase in the number of Deputy Directors of the department specified in points b, c, d clause 2 of this Article. Such increase shall be based upon to number of deputy heads of the division with the most deputy heads prescribed in point a clause 3 of this Article”.

Article 5. Amendments to clause 1 Article 11

“1. Division is a specialized authority affiliated to the commune-level People’s Committee. It has its own seal and account as per law to perform the assigned duties; advises and assists the commune-level People’s Committee to perform state management of local sectors and fields as per law”.

Article 6. Amendments to Article 13

“Article 13. Head and deputy heads of divisions

1. Head of a division affiliated to the commune-level People’s Committee (hereinafter referred to as “Head”) shall be appointed by the Chairperson of the commune-level People’s Committee and take responsibility to the commune-level People’s Committee, the Chairperson of the commune-level People’s Committee and law for performance of functions, duties and powers of the division.

2. Deputy head of a division affiliated to the commune-level People’s Committee (hereinafter referred to as “deputy head”) shall assist the head in directing some works and take responsibility to the head for the assigned duties. When the head is absent, the deputy head is authorized by the head to administrate the division’s operations.

3. Number of deputy heads

a) On average, each division has 02 deputy heads.

b) According to regulations of point a, clause 3 of this Article and the number of specialized divisions established, the commune-level People’s Committee shall decide the specific number of deputy heads for each specialized division under its management.

4. The Chairperson of the commune-level People’s Committee shall decide to appoint, re-appoint, transfer, extend the period of holding the leading or managerial position by, issue rewards to, impose disciplinary actions on, discharge, allow heads and deputy heads of divisions to rotate or resign, and apply policies to them according to regulations of law.”

Article 7. Amendments to some points and clauses of Article 15

1. Point a clause 1 shall be amended as follows:

“a) Office: working programs and plans prepared by the People’s Council, the standing People’s Council, the People’s Committee and specialized authorities affiliated to the People’s Committee; operations of the standing People’s Council; direction and administration by the Chairperson of the People’s Committee; provision of information, fulfillment of material and technical conditions for operations of the commune-level People’s Council and the commune-level People’s Committee; citizen reception; settlement of complaints and denunciations; and anti- corruption; internal administration by the Office”.

2. c) Point c clause 3 shall be amended as follows:

“c) Culture, Science and Information: culture; family; physical education and sports; tourism; advertising; printing; radio and television; press; basic and foreign information; scientific research, technology development, innovation, development of scientific and technological potential; intellectual property; quality measurement standards; application of radiation and radioactive isotopes; radiation and nuclear safety; postal services; application of information technology (excluding cyberinformation security, cybersecurity); e-transactions; digital government; digital economy, digital society and digital transformation; information infrastructure”.

Article 8. Amendments to Article 16

“Article 16. Number of divisions affiliated to commune-level People’s Committees

1. On the basis of the sector and field groups prescribed in Article 15 of this Decree and criteria for classification of administrative units, population size, natural area, development level, socio-economic conditions, devolution and delegation of power among local governments, and specific factors of each type of administrative unit, the provincial People’s Committee shall decide the number of and names of specialized divisions at commune-level administrative units under its management, ensuring that the average number of divisions (including specialized divisions and public administration service centers) per commune must not exceed 4,5. Regarding Hanoi city and Ho Chi Minh City, the average number of divisions (including specialized divisions and public administration service centers) per commune must not exceed 4,7.

2. The establishment of specialized divisions shall be decided by the commune-level local government. In case where specialized divisions are not established at a commune-level administrative unit, specialized civil servants shall be assigned to advise and assist the commune-level People’s Committee to perform state management of relevant sectors and fields as prescribed by law.

3. Public administration service centers affiliated to the commune-level People’s Committee shall comply with the Government’s regulations”.

Article 9. Amendments to clause 1 Article 19

“1. Issue regulations on specific functions, duties and powers of each department as instructed by supervisory ministries; decide organizational structure and number of Deputy Directors of each department to meet requirements for state management of local fields and sectors and the criteria specified in this Decree; decide the number of, names and functions of specialized divisions at commune-level administrative units under their management”.

Article 10. Amendments to clause 3 Article 20

“3. Issue regulations on functions, duties, powers and organizational structure of public service providers affiliated to sub-departments and equivalents under departments and other public service providers according to regulations of specialized laws”.

Article 11. Amendments to Article 21

“Article 21. Commune-level People’s Committees

1. Request the People’s Council of the same level to decide establishment, reorganization, and dissolution of specialized divisions and other administrative organizations under the commune-level People’s Committee in accordance with the law.

2. Specifically stipulate functions, duties, and powers of specialized divisions as instructed by the provincial People’s Committee and supervisory ministries; on the basis of the number of specialized divisions established and the average number of deputy heads per division as prescribed in point a, clause 3, Article 13, decide the specific number of deputy heads for each specialized division under its management.

3. Authorize one or some duties and powers within the jurisdiction of the commune-level People’s Committee as per law.

4. Send annual reports to the commune-level People’s Council (if any) and the provincial People’s Committee on organization and operation of specialized divisions.

Article 12. Amendments to Article 23

“Article 23. Transitional clauses and application

1. Regarding transfer of functions and duties of authorities related to administrative procedure, the following principles shall be applied to:

a) If the application is submitted before the effective date of this Decree, it shall continue to be processed as per law at the time of submission of the application;

b) Effective certificates, licenses and certifications that are appraised, accepted, approved or issued by competent authorities before the effective date of this Decree may be used until their expiration dates (if any). Amendments, revisions, extension, re-issuance or revocation of such certificates, licenses and certifications shall comply with regulations in this Decree and relevant laws.

2. Regarding Departments consolidated or merged according to a competent authority’s decision from March 01, 2025, the number of Deputy Directors shall comply with regulations of point c, clause 2, Article 6. Regarding Departments consolidated or merged according to a competent authority’s decision from March 01, 2025, and in case of continuation in consolidation or merger, if at least 02 provincial administrative units are consolidated or merged before the effective date of this Decree, the number of Deputy Directors shall comply with regulations in point d, clause 2, Article 6 of this Decree.

3. Regarding specialized and professional divisions, sub-departments under Departments, and divisions under sub-departments consolidated or merged according to a competent authority’s decision from March 01, 2025, the number of deputy heads of divisions, deputy heads of sub-departments, and deputy heads of divisions under sub-departments shall increase as prescribed in point b, clause 3 and clause 6, Article 6. Regarding specialized and professional divisions, sub-departments under Departments, and divisions under sub-departments consolidated or merged according to a competent authority’s decision from March 01, 2025, and in case of continuation in consolidation or merger, if at least 02 provincial administrative units are consolidated or merged before the effective date of this Decree, the number of deputy heads of divisions, deputy heads of sub-departments, and deputy heads of divisions under sub-departments shall increase in accordance with point b, clause 3, and clause 6 Article 6 of this Decree.

4. Agencies, organizations and units that are restructured shall continue to review and arrange the number of deputy heads in order to ensure that by the end of 2030, the number of deputy heads of such agencies, organizations and units shall strictly comply with regulations of this Decree.”

Article 13. Amendments to Article 24

“Article 24. Effect

This Decree takes effect from January 01, 2026″.

Article 14. Responsibility for implementation

Ministers, Heads of ministerial-level authorities, Heads of Governmental authorities; People’s Councils, and People’s Committees of provinces and cities; People’s Councils and People’s Committees of communes, wards, and special zones under provinces and cities; and relevant agencies shall be responsible for the implementation of this Decree.