New regulations on the number of Deputy Directors of Departments and Deputy Heads of Divisions

Criteria for establishing specialized and professional departments under the Department
Decree 107/2020/ND-CP amends and supplements Article 5 of the organizational structure of the Department. Specifically, the organizational structure of the Department includes: Departmentprofessional; Inspectorate (if any); Office (if any); Branch and equivalent organization (if any); Public service unit (if any).

The Decree also specifies the criteria for establishing specialized and professional departments under the department, including: (1)- Having the function and task of advising on state management of sectors and fields under the functions and tasks of the department; (2)- The required workload must be arranged at least 7public employee payrollfor departments under the departments of Hanoi and Ho Chi Minh City; at least 6 civil servant positions for departments under the departments of type I provinces; at least 5 civil servant positions for departments under the departments of type II and type III provinces.

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

Criteria for establishing branches and equivalent organizations under the department (branch) include: a- Having management objects in specialized fields and sectors under the functions and tasks of the department according to regulations of specialized laws; b- Being decentralized and authorized to decide on issues within the scope of state management of specialized fields and sectors; c- The workload requires the arrangement of at least 12 civil servant positions.

Criteria for establishing a department or equivalent under a department include: Having the function and task of advising on state management of the industry and field under the function and task of the department or advising on internal administration of the department; The workload requires a minimum of 5 civil servant positions.

Hanoi and Ho Chi Minh City are allowed to increase no more than 10 Deputy Directors of Departments.

The Decree stipulates that each department has an average of 3 Deputy Directors. Based on the number of established departments and the total number of Deputy Directors, the Provincial People's Committee shall decide on the specific number of Deputy Directors of each department accordingly. Particularly for Hanoi and Ho Chi Minh City, in addition to the total number of Deputy Directors according to the average regulations, each city may increase by no more than 10 Deputy Directors.

The Decree also supplements regulations on the number of Deputy Heads of specialized and professional departments under the Department. Specifically, departments under the Departments of Hanoi and Ho Chi Minh City with less than 10 civil servant positions, departments under the Departments of the provincial level of type I with less than 9 civil servant positions, and departments under the departments of the provincial level of type II and type III with less than 8 civil servant positions are assigned 1 Deputy Head of Department.

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

Departments with 15 or more civil servants are assigned no more than 3 Deputy Department Heads.

Regarding the number of Deputy Inspectors of the Department, the Decree clearly states: Department Inspectorates with less than 8 civil servant positions are assigned 1 Deputy Inspector; Department Inspectorates with 8 civil servant positions or more are assigned no more than 2 Deputy Inspectors of the Department.

The number of Deputy Chiefs of Office of the Department is implemented as prescribed in the number of Deputy Heads of professional and technical departments of the Department.

Regarding the number of Deputy Heads of Departments, the Decree stipulates: Departments with 1-3 divisions and equivalent are assigned 1 Deputy Head of Department; Departments with no divisions or with 4 or more divisions and equivalent are assigned no more than 2 Deputy Heads of Department.

Regarding the number of Deputy Heads of Departments of the Department, departments with less than 7 civil servant positions are assigned 1 Deputy Head of Department; departments with 7 or more civil servant positions are assigned no more than 2 Deputy Heads of Department.

The Decree takes effect from November 25, 2020.