The Government has just issued Decree No. 45/2025/ND-CP dated February 28, 2025 regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities and the People's Committees of districts, towns, provincial cities and centrally run cities.
Full text of Decree 45/2025/ND-CP
REGULATIONS ON SPECIALIZED AGENCIES UNDER PROVINCIAL PEOPLE'S COMMITTEES
Decree 45/2025/ND-CP stipulates that the Department is a specialized agency under the Provincial People's Committee; performing the function of advising and assisting the Provincial People's Committee in state management of sectors and fields in the locality according to the provisions of law.
Organizational structure of the department and criteria for establishing organizations under the department
1. The organizational structure of the department includes:
a) Professional and technical departments;
b) Inspection (if any);
c) Office (if any);
d) Branches and equivalent organizations (if any);
d) Public service unit (if any).
2. Criteria for establishing specialized and professional departments under the Department
a) Has the function and task of advising on state management of sectors and fields within the functions and tasks of the department;
b) The workload requires a minimum of 07 civil servant positions for departments of Hanoi and Ho Chi Minh City; a minimum of 06 civil servant positions for departments of type I provincial level; a minimum of 05 civil servant positions for departments of type II and type III provincial level.
3. The criteria for establishing an Office under a Department shall be applied according to the provisions at Point b, Clause 2 of this Article. 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.
4. Criteria for establishing branches and equivalent organizations under the Department (hereinafter referred to as branches)
a) Have management objects in specialized fields and areas under the functions and tasks of the department according to regulations of specialized laws;
b) Decentralized and authorized to decide on issues within the scope of state management of specialized sectors and fields;
c) The workload requires the arrangement of at least 12 civil servant positions.
5. Criteria for establishing departments and equivalent units under branches of departments (hereinafter referred to as departments under branches)
a) Has the function and task of advising on state management of sectors and fields under the functions and tasks of the branch or advising on internal administration work of the branch;
b) The workload requires the arrangement of at least 05 civil servant positions.
On average, each department has 03 Deputy Directors.
Decree 45/2025/ND-CP specifically stipulates the heads, deputy heads of departments and the number of deputies of organizations under the department:
1. Head, deputy head of department
a) The head of a department under the provincial People's Committee (hereinafter referred to as the 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 before the law for performing the functions, tasks and powers of the department according to the Working Regulations and assignments of the provincial People's Committee;
b) The deputy head of a department under a provincial People's Committee (hereinafter referred to as the Deputy Director of the Department) is appointed by the Chairman of the provincial People's Committee upon the proposal of the Director of the Department, assists the Director of the Department in performing one or several specific tasks assigned by the Director of the Department and is responsible to the Director of the Department and before the law for performing the assigned tasks. When the Director of the Department is absent, a Deputy Director of the Department is authorized by the Director of the Department to replace the Director of the Department in managing the activities of the Department. The Deputy Director of the Department shall not concurrently hold the position of head of an organization or unit under or directly under the Department, unless otherwise provided by law;
c) Number of Deputy Directors of Department
On average, each department has 03 Deputy Directors. Based on the number of established departments and the total number of Deputy Directors, the Provincial People's Committee shall decide 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.
2. Number of Deputy Heads of professional and technical departments under the Department
a) Departments under the departments of Hanoi and Ho Chi Minh City with less than 10 civil servant positions, departments under the departments of provincial level type I with less than 09 civil servant positions and departments under the departments of provincial level type II and type III with less than 08 civil servant positions are arranged with 01 Deputy Head of Department;
b) Departments under the departments of Hanoi and Ho Chi Minh City with 10 to 14 civil servant positions, departments under the departments of type I provinces with 9 to 14 civil servant positions, and departments under the departments of type II and type III provinces with 8 to 14 civil servant positions are arranged with no more than 2 Deputy Heads of Department;
c) Departments with 15 or more civil servant positions are assigned no more than 03 Deputy Heads of Department.
3. Number of Deputy Chief Inspectors of the Department
a) Inspectorates with less than 08 civil servant positions are assigned 01 Deputy Chief Inspector;
b) Inspectorates with 08 or more civil servant positions are assigned no more than 02 Deputy Chief Inspectors.
4. The number of Deputy Chiefs of Office of the Department is implemented as prescribed in Clause 2 of this Article.
5. Number of Deputy Branch Heads of the Department
a) A branch with 01 to 03 departments and equivalent is assigned 01 Deputy Branch Head;
b) A branch office with no departments or with 04 departments or equivalent or more shall be arranged with no more than 02 Deputy Branch Office Heads.
6. The number of Deputy Heads of Departments of the Department shall be applied according to the provisions in Clause 2 of this Article.
12 departments are organized uniformly in localities
Decree 45/2025/ND-CP stipulates that departments are organized uniformly in localities, including:
1. Department of Home Affairs
2. Department of Justice
3. Department of Finance
4. Department of Industry and Trade
5. Department of Agriculture and Environment
6. Department of Construction
7. Department of Science and Technology
8. Department of Culture, Sports and Tourism
9. Department of Education and Training
10. Department of Health
11. Provincial Inspectorate
12. Office of People's Committee
4 special departments are organized in some localities
Decree 45/2025/ND-CP stipulates that specific departments are organized in a number of localities, including:
1. Department of Foreign Affairs
2. Department of Ethnic and Religious Affairs
3. Department of Tourism
4. Department of Planning and Architecture was established in Hanoi and Ho Chi Minh City.
Each province is organized with no more than 14 departments, except for Hanoi and Ho Chi Minh City, which are organized with 15 departments.
Decree 45/2025/ND-CP clearly states that the total number of departments established must not exceed the maximum number of departments as follows:
For Hanoi and Ho Chi Minh City, 15 departments are organized. Hanoi and Ho Chi Minh City are allowed to decide on the establishment, reorganization, name change, and dissolution of departments, ensuring compliance with local characteristics, regulations of the Capital Law, and relevant legal documents.
For other provinces and cities, no more than 14 departments are organized.
REGULATIONS ON SPECIALIZED AGENCIES UNDER DISTRICT PEOPLE'S COMMITTEES
Decree 45/2025/ND-CP stipulates: The Department is a specialized agency under the People's Committee at the district level; performs the function of advising and assisting the People's Committee at the district level in state management of sectors and fields in the locality according to the provisions of law.
9 specialized departments are organized uniformly at the district level.
Decree 45/2025/ND-CP stipulates that 9 specialized departments are organized uniformly at the district level, including:
1. Department of Internal Affairs
2. Department of Justice
3. Finance and Planning Department
4. Department of Education and Training
5. Department of Economics, Infrastructure and Urban Affairs
6. Department of Culture, Science and Information
7. Medical Department
8. District Inspector
9. Office of People's Council and People's Committee
4 specialized departments at district level
Decree 45/2025/ND-CP stipulates 4 specialized departments at the district level, including:
1. Department of Natural Resources and Environment in districts, towns, cities under provinces, cities under centrally run cities
2. District Department of Agriculture and Environment
3. Department of Ethnic and Religious Affairs
4. Specialized agencies in island districts
The District People's Committee has no more than 10 departments.
Decree 45/2025/ND-CP clearly states: Based on the above provisions and requirements for state management of sectors and fields, localities shall decide on the establishment of appropriate departments, ensuring that the number does not exceed 10 departments.
On average, each department has 02 Deputy Department Heads.
Regarding the head and deputy head of the department, Decree 45/2025/ND-CP stipulates:
The head of a specialized department under the People's Committee at the district level (hereinafter referred to as the Head of the Department) is appointed by the Chairman of the People's Committee at the district level and is responsible to the People's Committee at the district level, the Chairman of the People's Committee at the district level and before the law for the performance of the functions, tasks and powers of the department.
The deputy head of a professional department under the People's Committee at the district level (hereinafter referred to as the Deputy Head of Department) is the person who assists the Head of Department in directing certain aspects of work and is responsible to the Head of Department for assigned tasks.
Number of Deputy Heads of Department: On average, each department has 02 Deputy Heads of Department. Based on the number of established specialized departments and the total number of Deputy Heads of Department, the District People's Committee shall decide the specific number of Deputy Heads of Department of each specialized department accordingly.
Decree 45/2025/ND-CP clearly states: When reorganizing the state apparatus, 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 reorganizing the apparatus of the competent authority, the number of deputies of the head of the agency, organization or unit must comply with the regulations.
Decree 45/2025/ND-CP takes effect from March 1, 2025, replacing Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities, Decree No. 107/2020/ND-CP dated September 14, 2020 of the Government amending and supplementing a number of articles of Decree No. 24/2014/ND-CP, Decree No. 37/2014/ND-CP dated May 5, 2014 of the Government regulating the organization of specialized agencies under the People's Committees of districts, towns, and provincial cities, Decree No. 108/2020/ND-CP dated September 14, 2020 of the Government amending and supplementing a number of articles of Decree No. 24/2014/ND-CP. Article of Decree No. 37/2014/ND-CP.
Source: https://baotainguyenmoitruong.vn/quy-dinh-moi-ve-co-quan-chuyen-mon-thuoc-uy-ban-nhan-dan-cap-tinh-huyen-ap-dung-tu-1-3-2025-387190.html
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