New regulations on the number of Deputy Directors of departments and Deputy Heads of divisions.

Criteria for establishing specialized departments and divisions under the provincial/city authority.
Decree 107/2020/ND-CP amends and supplements Article 5 on the organizational structure of departments. Specifically, the organizational structure of departments includes: Divisionsprofessional expertiseInspectorate (if any); Office (if any); Sub-department and equivalent organizations (if any); Public service unit (if any).

The Decree also specifies the criteria for establishing specialized departments under the Department, including: (1) Having the function and task of advising on state management of the industry and field under the Department's functions and tasks; (2) The workload requires a minimum of 7 staff members.civil servant staffingFor departments under the jurisdiction of Hanoi and Ho Chi Minh City; a minimum of 6 civil servant positions for departments under Type I provincial-level administrations; a minimum of 5 civil servant positions for departments under Type II and Type III provincial-level administrations.

The criteria for establishing an Office under the Department are applied according to the regulations in (2) above. If an Office under the Department is not established, a specialized department shall be assigned to perform the functions and tasks of the Office.

Criteria for establishing sub-departments and equivalent organizations under the Department (sub-department) include: a- Having management subjects in specialized fields and sectors within the functions and duties of the Department as prescribed by specialized laws; b- Being delegated or authorized to decide on matters within the scope of state management in specialized fields and sectors; c- The workload requires a minimum of 12 civil servant positions.

Criteria for establishing departments and equivalent units under sub-departments of provincial departments include: having the function and nhiệm vụ of advising on state management of the industry or field within the functions and duties of the sub-department, or advising on internal management of the sub-department; and requiring a minimum of 5 civil servant positions for the workload.

Hanoi and Ho Chi Minh City are allowed to add no more than 10 Deputy Directors to their departments.

The decree stipulates that each department has an average of 3 Deputy Directors. Based on the number of departments established and the total number of Deputy Directors, the Provincial People's Committee will decide on the specific number of Deputy Directors for each department accordingly. For Hanoi and Ho Chi Minh City, in addition to the total number of Deputy Directors as stipulated in the general average, each city may have no more than 10 additional Deputy Directors.

The decree also adds regulations on the number of Deputy Heads of specialized departments under the provincial departments. Specifically, departments under the provincial departments of Hanoi and Ho Chi Minh City with fewer than 10 civil servant positions, departments under the provincial departments of type I with fewer than 9 civil servant positions, and departments under the provincial departments of type II and type III with fewer than 8 civil servant positions are allocated 1 Deputy Head.

Departments under the jurisdiction of Hanoi and Ho Chi Minh City have 10 to 14 civil servant positions; departments under the jurisdiction of Type I provinces have 9 to 14 civil servant positions; and departments under the jurisdiction of Type II and Type III provinces have 8 to 14 civil servant positions, with no more than 2 Deputy Heads of Department.

Departments with 15 or more civil servant positions may have no more than 3 Deputy Heads of Department.

Regarding the number of Deputy Chief Inspectors of the Department, the Decree clearly states: Department inspectors with fewer than 8 civil servant positions may have 1 Deputy Chief Inspector; department inspectors with 8 or more civil servant positions may have no more than 2 Deputy Chief Inspectors.

The number of Deputy Chiefs of the Department's Office is determined in accordance with the regulations on the number of Deputy Heads of specialized and professional departments within the Department.

Regarding the number of Deputy Heads of Sub-departments under the Department, the Decree stipulates: Sub-departments with 1-3 divisions and equivalents shall have 1 Deputy Head; sub-departments with no divisions or with 4 or more divisions and equivalents shall have no more than 2 Deputy Heads.

Regarding the number of Deputy Heads of Departments under the provincial-level agencies, departments with fewer than 7 civil servant positions may have 1 Deputy Head; departments with 7 or more civil servant positions may have no more than 2 Deputy Heads.

The Decree takes effect from November 25, 2020.