Ministry of Home Affairs: New proposal on maximum number of deputies suitable for organization and streamlining

(Chinhphu.vn) - The Ministry of Home Affairs has presided over and coordinated with relevant ministries, branches and agencies to develop a draft Decree of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies; criteria for establishment, maximum number of deputies of heads of organizations and units under ministries and ministerial-level agencies.

Báo Chính Phủ•24/03/2025

Bộ Nội vụ: Đề xuất mới về số lượng cấp phó tối đa phù hợp với sắp xếp, tinh gọn bộ máy- Ảnh 1. — New proposal on maximum number of deputies suitable for organization and streamlining

One of the notable contents is the amendment of regulations on the number of deputies for organizations and units under ministries and ministerial-level agencies.

According to the Ministry of Home Affairs, on February 18, 2025, the National Assembly passed the Law on Government Organization 2025, in which Point d, Clause 8, Article 10 stipulates that the Government has the following tasks and powers: "Prescribe the functions, tasks, powers, and organizational structure of ministries, ministerial-level agencies, and government agencies; criteria for establishment, and maximum number of deputies of heads of organizations and units under ministries, ministerial-level agencies, and government agencies."

Therefore, it is necessary to amend the regulations on the number of deputies for organizations and units under ministries and ministerial-level agencies.

At the same time, implementing Conclusion No. 09-KL/TW dated November 24, 2024 of the Central Steering Committee on summarizing the implementation of Resolution No. 18-NQ/TW; Plan No. 141/KH-BCĐTKNQ18 dated December 6, 2024 and Document No. 05/CV-BCĐTKNQ18 dated January 12, 2025 of the Government Steering Committee on summarizing the implementation of Resolution No. 18-NQ/TW, on the basis of the results of the arrangement and streamlining of the Government's apparatus, currently, the organizational structure of ministries and ministerial-level agencies has changed; there is no longer a general department model in the organizational structure of ministries and ministerial-level agencies.

Therefore, in order to promptly institutionalize and organize the implementation of the Law on Government Organization 2025 and implement the orientation of streamlining and streamlining the Government's apparatus, ensuring that there are no legal gaps in the regulations on functions, tasks, powers, organizational structure and number of deputies for organizations and units under ministries and ministerial-level agencies, it is necessary for the Government to issue a Decree regulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies, establishment criteria, and maximum number of deputies of heads of organizations and units under ministries and ministerial-level agencies.

This will be the basis for ministries and ministerial-level agencies to stipulate the functions, tasks, powers and organizational structures of their affiliated units, in accordance with the context of implementing the arrangement and streamlining of the apparatus according to the policies and orientations of the Central Steering Committee and the Government Steering Committee on summarizing the implementation of Resolution No. 18-NQ/TW.

According to the Submission of the Ministry of Home Affairs, regarding the number of deputies of heads of departments, offices, inspectorates, bureaus and equivalents, and public service units (Article 15), on the basis of inheriting the provisions of the Law on Organization of the Government 2015 (amended and supplemented in 2019), the draft Decree stipulates as follows: The Minister and Head of a ministerial-level agency decide on the number of deputies of heads of departments, offices, inspectorates, bureaus and equivalents, and public service units, ensuring an average of no more than 03 people per unit.

Regarding the number of deputies of the head of a department, implementing the policy of streamlining and streamlining the organizational apparatus of the Politburo and the Central Steering Committee, currently, the general department model is reorganized into a department model under a ministry, accordingly, the provincial level will be organized into regional branches under the department (formerly departments under the general department), therefore, the draft Decree is edited in the direction of removing the provisions on the establishment criteria, the number of deputies of the head of a department under a branch under a department under a general department under a ministry, which is currently stipulated in Clause 5, Article 18a, which has been amended and supplemented in Clause 7, Article 1 of Decree No. 101/2020/ND-CP.

Regarding the regulations on the organization of inspection in the organizational structure of ministries and ministerial-level agencies, implementing Official Dispatch No. 13438-CV/VPTW dated February 18, 2025 of the Central Party Office notifying the opinions of the Politburo and the Secretariat on the Project to reorganize the inspection agency system to be streamlined, strong, efficient, effective and efficient, the Government Inspectorate has developed a Project and reported to the Politburo on the plan to reorganize the inspection system at the central and local levels.

After the Politburo has concluded on the reorganization of the system of inspection agencies of ministries and ministerial-level agencies, the organization of inspection shall be carried out in accordance with the provisions of the law on inspection. Therefore, during the time of submission to competent authorities for consideration and decision, and the Law on Inspection has not been amended, the draft Decree continues to stipulate this content, ensuring that there are no legal gaps and no omission of functions and tasks.

In addition, the draft also amends and supplements regulations on the organization of the apparatus, the number of civil servants and the number of employees in public service units; on state management of public service services in sectors and fields; on associations and non-governmental organizations; on cadres, civil servants and public employees...

Regarding the transitional provisions, the draft Decree stipulates that if the number of deputies of the head of an agency, organization or unit is greater than the maximum number prescribed by law, then no later than 05 years from the effective date of the decision on the organization of the apparatus of the competent authority, the number of deputies of the head of the agency, organization or unit must comply with the regulations.

In case the competent authority decides to reorganize the ministerial inspectorate and specialized inspectorate, the inspection organization and inspection functions and tasks shall be implemented in accordance with the provisions of the law on inspection and the organizational structure of the ministry, the inspection functions and tasks prescribed in this Decree shall be adjusted accordingly.

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