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FROM NOVEMBER 15, A DEPARTMENT MAY BE ESTABLISHED WHEN HAVING A WORKLOAD THAT REQUIRES AT LEAST 15 OFFICERS

This new content is prescribed in the Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing a number of articles of the Government’s Decree No. 123/2016 /ND-CP of September 01, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies.

Accordingly, a department may be established when having a workload that requires the allocation of at least 15 civil servant payroll positions. Besides, the Government also allows to establish a division under a bureau/agency/authority of a ministry when having a workload that requires the allocation of at least 7 civil servant payroll positions; a division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry when having a workload that requires the allocation of at least 5 civil servant payroll positions.

In addition, a division under a bureau/agency/authority of a ministry having between 7 and 9 civil servant payroll positions may have 1 deputy head; that having between 10 and 15 civil servant payroll positions may have no more than 2 deputy heads; and that having 16 or more civil servant positions may have no more than 3 deputy heads. Concurrently, a division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry having between 5 and 7 civil servant payroll positions may have 1 deputy head; and that having 8 or more civil servant payroll positions may have no more than 2 deputy heads.

Noticeably, in the course of reorganizing their structures, merged or consolidated organizations and units may have the number of deputy heads larger than prescribed, provided that when a deputy head retires or is transferred to another working position, such organizations and units may not add their deputy heads and shall take solutions to adjust and rearrange the excessive number of deputy heads so that within 3 years from the date of merger or consolidation, such organizations and units have the number of deputy heads in compliance with law.

This Decree takes effect on November 15, 2020.

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