New regulations on the organization of local specialized agencies.

Decree No. 370/2025/ND-CP adds Clause 2a, stipulating the principles for organizing agencies in Article 2 of Decree No. 150/2025/ND-CP, as follows: "Determining the number of deputy heads in an agency or organization must ensure that the maximum number of deputy heads in a subordinate organization does not exceed the maximum number of deputy heads in the directly superior organization. For agencies and organizations of the same level, the maximum number of deputy heads of an agency or organization without an internal organization does not exceed the maximum number of deputy heads of an agency or organization with an internal organization."

Regulations on the number of deputy positions after mergers and acquisitions.

At the same time, Decree No. 370/2025/ND-CP amends the regulations on the head and deputy head of departments and the number of deputy heads of organizations under the departments as follows:

At the time of reorganizing the state apparatus, the number of deputy heads of agencies, organizations, and units may exceed the prescribed number. No later than 5 years from the date the decision on reorganizing the state apparatus by the competent authority takes effect, the number of deputy heads of agencies, organizations, and units after reorganization must comply with the regulations, specifically as follows:

1. The head and deputy head of the department

a) The head of a department under the Provincial People's Committee (Director of the Department) is appointed by the Chairman of the Provincial People's Committee and is responsible to the People's Committee, the Chairman of the Provincial People's Committee, and the law for the performance of the department's functions, duties, and powers according to the working regulations and assignments of the Provincial People's Committee.

b) The deputy head of a department under the Provincial People's Committee (Deputy Director of the Department) is appointed by the Chairman of the Provincial People's Committee upon the recommendation of the Director of the Department. They assist the Director in performing one or more specific tasks assigned by the Director and are responsible to the Director and to the law for the performance of the assigned tasks. When the Director is absent, a Deputy Director is authorized by the Director to manage the department's activities in his/her place. The Deputy Director may not concurrently hold the position of head of an organization or unit under or directly subordinate to the department, except as otherwise provided by law.

2. Number of Deputy Directors of the Department

a) The average number of Deputy Directors per department is 3.

b) When departments merge or consolidate two provincial-level administrative units, the number of Deputy Directors of the department shall be increased by one person, or when merging or consolidating three provincial-level administrative units, the number of Deputy Directors of the department shall be increased by two people compared to the number of Deputy Directors stipulated in section 2a;

c) In cases where departments undergo consolidation or merger according to a decision of the competent authority, the number of Deputy Directors of the department after consolidation or merger shall be increased by 01 person;

d) In cases where a department undergoes consolidation or merger according to a decision of the competent authority and continues to carry out consolidation or merger when consolidating or merging two provincial-level administrative units, the number of Deputy Directors of the department shall be increased by two people; or if three provincial-level administrative units are consolidated or merged, the number of Deputy Directors of the department shall be increased by three people compared to the number of Deputy Directors stipulated in item 2a above;

d) In cases where specialized departments are not merged or consolidated when merging or consolidating provincial-level administrative units, the number of Deputy Directors of the department shall be in accordance with the provisions of section 2a above;

e) For Hanoi and Ho Chi Minh City: In addition to the total number of Deputy Directors as stipulated in points a, b, c, and d of section 2, no more than 10 additional Deputy Directors may be appointed;

g) Based on the criteria and principles for determining the number of deputy heads stipulated in this Decree, the People's Committee of the province shall determine the total number of deputy heads of agencies, organizations, and units under its management and decide on the specific number of deputy heads for each agency, organization, and unit according to its authority.

3. Number of Deputy Heads of specialized departments and divisions under the agency.

a) Departments under the agency with fewer than 10 civil servant positions may have 1 Deputy Head of Department; those with 10 to 14 civil servant positions may have no more than 2 Deputy Heads of Department; and those with 15 or more civil servant positions may have no more than 3 Deputy Heads of Department;

b) When departments are merged or consolidated as stipulated in points b, c, and d of section 2 above, the number of Deputy Heads of Departments shall be increased as an adjustment to the number of Deputy Directors of Departments as stipulated in points b, c, and d of section 2, compared to the number of Deputy Heads of Departments with the highest number of deputy heads as determined in point a of section 3.

4. Number of Deputy Chiefs of the Department's OfficeThis is done as prescribed in section 3.

5. Number of Deputy Heads of Sub-departments under the Department

a) Sub-departments under the Department with 1 to 3 divisions and equivalent units shall have 1 Deputy Head of Sub-department; those without divisions or with 4 or more divisions and equivalent units shall have no more than 2 Deputy Heads of Sub-department;

b) When consolidating or merging departments as stipulated in points b, c, and d of section 2, the number of Deputy Heads of Sub-departments shall be increased as with Deputy Heads of Divisions as stipulated in point b of section 3.

6. Number of Deputy Heads of Departments under the Sub-department of the Provincial DepartmentIn accordance with the provisions of point a, section 3, the number of Deputy Heads of departments under the branches of the provincial departments that are merged or consolidated along with the merger or consolidation of the provincial departments as stipulated in points b, c, and d, section 2, shall be increased as adjusted for the number of Deputy Directors of the provincial departments as stipulated in points b, c, and d, section 2, compared to the number of Deputy Heads of the department with the highest number of deputy heads, as determined according to the provisions of point a, section 3.

Commune-level specialized departments have their own seals and bank accounts as prescribed by regulations.

Decree No. 370/2025/ND-CP also amends and supplements Clause 1, Article 11 of Decree No. 150/2025/ND-CP, which regulates the position and functions of specialized departments at the commune level.

According to the new regulations, the department is a specialized agency under the People's Committee at the commune level. The department has its own seal and account as prescribed by law to perform its assigned tasks; it performs the function of advising and assisting the People's Committee at the commune level in state management of the industry and field at the local level as prescribed by law.

Regulations regarding Department Heads and Deputy Department Heads

The decree stipulates that the head of a department under the People's Committee at the commune level (Department Head) is appointed by the Chairman of the People's Committee at the commune level and is responsible to the People's Committee at the commune level, the Chairman of the People's Committee at the commune level, and to the law for the performance of the department's functions, duties, and powers.

The deputy head of a department under the People's Committee at the commune level (Deputy Head of Department) assists the Head of Department in directing certain aspects of work and is responsible to the Head of Department for assigned tasks. When the Head of Department is absent, the Deputy Head of Department is authorized by the Head of Department to manage the department's activities.

Number of Deputy Heads of Department

a) The number of Deputy Heads of Department is calculated on the principle of an average of 2 deputy heads per department.

b) Based on the above regulations and the number of specialized departments established, the People's Committee of the commune shall decide specifically on the number of Deputy Heads of each specialized department under its management.

Increase the number of specialized departments under the People's Committee at the commune level.

Regarding the framework for the number of specialized departments under the People's Committee at the commune level, Decree No. 150/2025/ND-CP currently stipulates a framework of 3 specialized departments and a public administrative service center. However, during the operation of the two-tiered local government system, many proposals and recommendations have been made to increase the number of specialized departments under the People's Committee at the commune level to promptly handle procedures and serve the essential needs of the people.

Therefore, Decree No. 370/2025/ND-CP stipulates: Based on the industry and sector groups specified in Article 15 of Decree 150/2025/ND-CP and the criteria for classifying administrative units, population size, natural area, development level, socio-economic conditions, decentralization and delegation of power between local government levels, and the specific characteristics of each type of administrative unit, the Provincial People's Committee shall decide on the framework for the number and names of specialized departments to be applied at the commune-level administrative units under its management, ensuring that it does not exceed an average of 4.5 organizations (including specialized departments and Public Administrative Service Centers) per commune-level administrative unit; for Hanoi and Ho Chi Minh City, it shall not exceed an average of 4.7 organizations (including specialized departments and Public Administrative Service Centers) per commune-level administrative unit.

The decision to establish specialized departments rests with the local government at the commune level. In cases where commune-level administrative units do not establish specialized departments, they shall assign specialized civil servants to advise and assist the commune-level People's Committee in managing state affairs related to the relevant sector or field as prescribed.

The Public Administrative Service Center under the People's Committee at the commune level operates in accordance with the regulations of the Government.

Amendments regarding the authority of the People's Committee at the commune level.

Decree No. 370/2025/ND-CP stipulates that the People's Committee of the commune shall submit to the People's Council of the same level for decision on the establishment, reorganization, and dissolution of specialized departments and other administrative organizations under the People's Committee of the commune in accordance with the law.

The specific functions, duties, and powers of specialized departments shall be regulated in accordance with the guidelines of the provincial People's Committee and the ministries managing the relevant sectors and fields; based on the number of specialized departments established and the average number of Deputy Heads of each department as prescribed, the specific number of Deputy Heads of each specialized department under management shall be determined.

Authorize the performance of one or more tasks and powers within the jurisdiction of the People's Committee at the commune level as prescribed by law; annually, report to the People's Council at the commune level (if any) and the People's Committee at the provincial level on the organization and operation of the specialized department.

Transitional provisions and their application

Decree No. 370/2025/ND-CP takes effect from January 1, 2026.

The decree clearly states that, regarding the transfer of functions and responsibilities between agencies related to administrative procedures, the following principles shall apply:

a) In cases where organizations or individuals have submitted applications before the effective date of this Decree, they shall continue to comply with the provisions of the law in effect at the time of application submission;

b) Cases that have been assessed, approved, or granted certificates, licenses, or permits before the effective date of this Decree shall continue to be used according to the documents issued by competent state agencies; if there is a time limit, it shall be maintained until its expiration. In cases of amendment, supplementation, adjustment, extension, re-issuance, or revocation, the tasks shall be carried out according to the assigned duties as stipulated in this Decree and relevant regulations.

If the Department has implemented consolidation or merger according to the decision of the competent authority from March 1, 2025, the number of Deputy Directors of the Department shall comply with the provisions of point c, section 2 above. If the Department has implemented consolidation or merger according to the decision of the competent authority from March 1, 2025, and continues to implement consolidation or merger when consolidating or merging two or more provincial-level administrative units before the effective date of this Decree, the number of Deputy Directors of the Department shall comply with the provisions of point d, section 2 above.

For specialized departments, sub-departments under the provincial department, and departments under sub-departments that have undergone consolidation or merger according to decisions of competent authorities from March 1, 2025, the number of Deputy Heads of Departments, Deputy Heads of Sub-departments, and Deputy Heads of Sub-departments under the provincial department shall be adjusted upwards as stipulated in point b, section 3 and section 6 above. For specialized departments, sub-departments under the provincial department, and departments under sub-departments that have undergone consolidation or merger according to decisions of competent authorities from March 1, 2025, and continue to consolidate or merge when consolidating or merging two or more provincial-level administrative units before the effective date of this Decree, the number of Deputy Heads of Departments, Deputy Heads of Sub-departments, and Deputy Heads of Sub-departments under the provincial department shall be adjusted upwards as stipulated in point b, section 3 and section 6 above.

For agencies, organizations, and units undergoing organizational restructuring, they should continue to review and adjust the number of deputy heads to ensure that by the end of 2030, the number of deputy heads of the agency, organization, or unit complies with the regulations in this Decree.