The Ministry of Home Affairs (MHA) has just sent to the Ministry of Justice a draft decree regulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies for appraisal, along with criteria for establishment and the maximum number of deputy heads that organizations and units under ministries and ministerial-level agencies can have.

The draft decree stipulates that the organizational structure of a ministry includes departments, offices, inspectorates, bureaus and equivalents (if any), and public service units.

Ministers or heads of ministerial-level agencies decide the number of deputies for heads of departments, offices, inspectorates, bureaus and equivalents, and public service units, ensuring an average of no more than three deputies per unit.

Regarding the number of deputies heads of divisions, following the policy of reorganizing and streamlining the administrative apparatus as directed by the Politburo and the Central Steering Committee, the general department model has now been restructured into departments under ministries. Accordingly, at the provincial level, regional bureaus will be reorganized under departments instead of general departments.

Thus, the draft decree is edited to remove regulations on criteria for establishment and the number of deputies and heads of divisions under departments under ministries.

Regarding the organization of inspectorates within the structure of ministries and ministerial-level agencies, the Government Inspectorate has developed a proposal and reported to the Politburo on the plan to reorganize the central and local inspectorate system.

Once the Politburo issues a conclusion on reorganizing the inspectorate system of ministries and ministerial-level agencies, the inspectorate organization will follow legal regulations on inspections.

Therefore, while awaiting consideration and decision from competent authorities and until the Inspection Law is amended, the draft decree continues to include this provision to ensure no legal gaps or omission of functions and tasks.

The draft stipulates that a division under a department under a ministry with seven to nine civil servant positions can have one deputy; with 10 to 15 civil servant positions, no more than two deputies; with 16 or more civil servant positions, no more than three deputies.

A division under a sub-department under a department under a ministry with five to seven civil servant positions can have one deputy; with eight or more civil servant positions no more than two deputies.

A sub-department under department under ministry with three divisions can have one deputy head, with four divisions no more than two.

The minister decides or delegates the decision on the number of deputy heads of sub-divisions, ensuring an average of no more than three deputies per sub-division.

Thu Hang