Decree No. 55/2012/ND-CP of June 28, 2012, on the establishment, reform, and dissolution of public service providers

DECREE

ON THE ESTABLISHMENT, REFORM, AND DISSOLUTION OF PUBLIC SERVICE PROVIDERS

Pursuant to the Law on Government organization dated December 25^th 2001;

Pursuant to the Law on Public employees dated November 15^th 2010;

At the request of the Minister of Internal Affairs;

The Government issues a Decree on the establishment, reform, and dissolution of public service providers,

Chapter 1.

GENERAL PROVISIONS

...

...

...

This Decree deals with the conditions, order, procedure, and authority or establish, reform, dissolve and classify public service providers.

Article 2. Subjects of application

1. This Decree is applicable to the following public service providers:

a) Public service providers affiliated to Ministries, ministerial agencies, and Governmental agencies;

b) Public service providers affiliated to organizations established by the Government or the Prime Minister which are not public service providers;

c) Public service providers affiliated to Vietnam National University of Hanoi and Vietnam National University of Ho Chi Minh city;

d) Public service providers affiliated to People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees);

dd) Public service providers affiliated to specialized agencies affiliated to provincial People’s Committees;

e) Public service providers affiliated to People’s Committees of districts, towns, and cities affiliated to provinces (hereinafter referred to as People’s Committees at district-level).

...

...

...

a) Governmental agencies;

b) Public service providers affiliated to state-owned enterprises;

c) Public service providers affiliated to socio-political organizations, socio-political-professional organizations, socio-professional organizations, and social organizations.

Article 3. Conditions for establishment, reform, and dissolution

1. Article 3. Conditions for establishing a public service provider:

a) Targets, functions, and tasks are defined;

b) The establishment is conformable with the network of public service providers approved by competent authorities (if any);

c) The head office or the land allocation plan is approved by competent authorities (in case a new head office is built); necessary initial equipment, personnel, and funding for operation are conformable with law.

2. Conditions for reforming a public service provider:

...

...

...

b) The reform is conformable with the network of public service providers approved by competent authorities (if any),

3. Conditions for dissolving a public service provider:

A public service provider is dissolved in one of the following cases:

a) Its functions and tasks are no longer needed;

b) It fails to accomplish its tasks or fail to run efficiently according to the assessment made by the authority competent to decide its establishment;

c) The reform is requested to patch the network of public service providers approved by competent authorities.

Article 4. Classification of public service providers

1. The classification of public service providers is based on:

a) The disciplines and areas in which a public service provider is involved;

...

...

...

c) The characteristics of a public service provider;

a) The disciplines and areas in which a public service provider is involved;

2. According to Clause 1 of this Article, Ministers and Heads of ministerial agencies shall specify the criteria for classifying public service providers to suit the management requirements of their disciplines and specialized laws.

Chapter 2.

ORDER AND PROCEDURE FOR ESTABLISHMENT, REFORM, AND DISSOLUTION

SECTION 1. ESTABLISHMENT

Article 5. Establishment plan

1. The plan for establishing a public service providers shall be compile by the organization requests the establishment (hereinafter referred to as applying organization)of the public service providers and submitted to a competent authority or person for consideration and decision.

2. The plan is composed of:

...

...

...

b) The targets, scope of operation, and name of the organization;

c) The Article 4. Classification of public service providers;

d) Its position, functions, tasks and entitlements;

dd) The organizational structure (if the scale is large);

e) The financial and operating mechanism;

g) The intended personnel, number of employees, funding, head office, and equipment necessary for ensure the operation of the public service providers after the establishment;

h) The organization plan and operation itinerary of the public service provider;

i) The suggestions of the agency that compiles the plan for establishing the public service provider (if any);

k) Other contents shall abide by specialized laws and direction of governing Ministries.

...

...

...

1. The application for the establishment of a public service provider is made by the applying organization and submitted to an authority or person competent to decide such establishment.

2. The application is composed of:

a) The plan compilation process;

b) Main contents of the plan;

c) Issues under debate and relevant issues.

3. The application shall be signed by the head of the applying organization.

Article 7. Seeking opinions from relevant organizations

The applying organization shall send the establishment plan to relevant organizations in accordance with law and their work regulations to seek opinions in writing on the establishment of the public service providers.

Article 8. Establishment dossier

...

...

...

a) The establishment plan;

b) The application for the establishment of the public service providers, the draft of the decision to establish the public service providers, the draft Regulation on organization and operation of the public service providers, and relevant papers (land, funding, personnel);

c) Written opinions from relevant organizations on the establishment of the public service provider;

d) The report on the adoption of opinions from organizations.

2. The dossier submitted to the authority or person competent to decide the establishment:

a) The written appraisals and written opinions from other organizations and relevant documents;

b) The draft decision to establish with complete contents and formality.

Article 9. Order for sending and receiving establishment dossiers

1. The applying organization shall send an establishment dossier to an appraising organization in Article 11 of this Decree for appraisal. The relevant organizations that cooperate or are informed shall be written in the “receiver” box of the application.

...

...

...

3. The dossier includes the original documents signed and seal by the applying organization a) The written appraisals and written opinions from other organizations and relevant documents;

Article 10. Handling establishment dossiers

1. The dossier receiver shall examine the dossier of public service provider establishment according to their working regulations and submit them to an authority or person competent to decide the establishment of the public service providers as prescribed by law.

2. The appraising organization shall request the applying organization to provide written explanation for issues under debate or in doubt, or hold a meeting with the applying organization and relevant organizations to clarify as authorized by the person competent to decide the establishment of the public service providers, and send a report to the competent authority or person.

3. The appraising organization shall cooperate with the applying organization to complete the dossier and formalities to request the competent authority or person to decide the establishment of the public service provider.

Article 11. Appraisal

1. Appraising organizations:

a) The Ministry of Internal Affairs shall appraise the public service providers of which the establishment is decided by the Prime Minister;

a) The Official Management Agency or Official Management Committee shall appraise the public service providers of which the establishment is decided by Ministers, Heads of ministerial agencies, and Heads of Governmental agencies;

...

...

...

d) The Departments of Internal Affairs shall appraise the public service providers of which the establishment is decided by district-level People’s Committees;

dd) The establishment of specialized public service providers shall be decided by appraising organizations specified by specialized law.

2. Appraisal contents:

a) The necessity and legal basis of the establishment of the public service provider;

b) Targets, subjects, names, legal status, functions, tasks, entitlements, organizational structure, and financial structure of public service providers;

c) Operating conditions of a public service provider after its establishment;

d) The feasibility of its establishment;

dd) The draft decision to establish the public service providers and draft Regulation on organization and operation of the public service providers.

3. Where the decision to establish the public service provider is a legislative document, the appraisal shall comply with the laws on promulgating legislative documents.

...

...

...

1. The authority or person competent to decide the establishment shall decide the establishment of the public service provider based on the application and written appraisal.

2. The format of the decision to establish the public service providers must be conformable with the competence of the authority or person competent to decide the establishment of the public service provider and relevant legislative documents.

Article 13. Deadline for deciding the establishment

1. Within 15 working days from the day on which the complete and valid dossier is received, the appraising organization shall make a written appraisal.

2. Within 20 working days from the day on which the written appraisal is made, the competent authority shall decide the establishment. The competent authority or person shall provide explanation for the applying organization if the establishment of the public service provider is not approved.

SECTION 2. REFORM AND DISSOLUTION

Article 14. Plan and application for the reform or dissolution of public service providers

1. The plan and application for the reform and dissolution of a public service provider includes:

a) The necessity and legal basis of the reform or dissolution;

...

...

...

c) Documents of competent authorities certifying the finance, assets, land, loans, debts, and relevant issues (if any).

d) The responsibility of the head of the public service providers and involved individual for the implementation of the plan for reforming or dissolving the public service providers, and the deadline.

2. The order and procedure for the reform and dissolution of public service providers are similar to those for their establishment.

Article 15. Reform or dissolution dossier

1. The reform or dissolution dossier:

a) The plan for reforming or dissolving the public service provider;

b) The application for the reform or dissolution of the public service providers and the draft decision to reform or dissolve the public service provider;

c) Documents of competent authorities certifying the fulfillment of obligations relating to finance, assets, land, loans, debts, and relevant issues (if any).

2. The dispatch, receipt, and handling of reform and dissolution dossiersof public service providers are similar to that of their establishment.

...

...

...

1. Within 15 working days from the day on which the complete and valid dossier is received, the appraising organization shall make a written appraisal.

2. Within 25 working days from the day on which the written appraisal is made, the authority or person competent to decide the reform or dissolution of the public service provider shall decide the reform or dissolution. The competent authority or person shall provide explanation for the applying organization if dissolution of the public service provider is not approved.

Chapter 3.

ENTITLEMENTS AND RESPONSIBILITIES

Article 17. Entitlements of the Prime Minister

1. Grant approval for the planning for the network of public service providers nationwide.

2. Decide the establishment, reform, and dissolution of public service providers affiliated to Ministries, ministerial agencies, Governmental agencies, (except for the public service providers prescribed in the Decrees defining the functions, tasks, entitlements and organizational structure of Ministries, ministerial agencies, and Governmental agencies); public service providers affiliated to General Departments and the equivalent; public service providers affiliated to the organizations established by the Government and the Prime Minister that are not public service providers; public service providers affiliated to Vietnam National University of Hanoi and Vietnam National University of Ho Chi Minh city; public service providers affiliated to provincial People’s Committees.

3. Deciding the establishment, reform, and dissolution of public service providers in accordance with specialized law.

Article 18. Entitlements of Ministers and Heads of ministerial agencies

...

...

...

2. Lay down criteria for classifying public service providers under their management.

3. Decide the establishment, reform, and dissolution of public service providers in the organizations under their management, including:

a) Public service providers affiliated to Departments;

b) Other public service providers as prescribed by specialized law.

4. Define the functions, tasks, entitlements and organizational structure of public service providers affiliated to Ministries and ministerial agencies; provide guidance on the establishment, functions, tasks, entitlements and organizational structure of Management Councils in public service providers; issue regulations on the operation of Management Councils in public service providers under their prescribed as prescribed by specialized laws.

5. Send annual reports on the organization and operation of public service providers under their management to the Ministry of Internal Affairs. The Ministry of Internal Affairs shall summarize them and send reports to the Prime Minister.

Article 19. Entitlements of Heads of Governmental agencies and organizations established by the Government and the Prime Minister

1. 1. Decide the establishment, reform, and dissolution of public service providers in accordance with specialized law.

2. Decide the establishment of Management Councils in public service providers under the guidance of governing Ministries.

...

...

...

4. Send annual reports on the organization and operation of public service providers to the Ministry of Internal Affairs. The Ministry of Internal Affairs shall summarize them and send reports to the Prime Minister.

Article 20. Entitlements of the Ministry of Internal Affairs

1. Cooperate with other Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees in providing guidance and inspect the establishment, reform, and dissolution of public service providers.

2. Report the organization and operation of public service providers nationwide to the Prime Minister.

Article 21. Authority of provincial People’s Committees

1. Grant approval or request competent authorities to grant approval for the planning of the network of public service providers under their management as prescribed by specialized laws.

2. Decide the establishment, reform, and dissolution of public service providers, including:

a) Public service providers affiliated to specialized agencies affiliated to provincial People’s Committees under the guidance of governing Ministries and the Ministry of Internal Affairs;

b) Other public service providers affiliated to specialized agencies affiliated to provincial People’s Committees as prescribed by specialized laws;

...

...

...

3. Define the functions, tasks, entitlements and organizational structure of public service providers affiliated to provincial People’s Committees.

4. Delegate district-level People’s Committees to establish, reform and dissolve some type of public service providers affiliated to district-level People’s Committees to as prescribed by specialized laws.

5. Send annual reports on the organization and operation of public service providers and non-public service providers under their management (including those under the management of district-level People’s Committees) to governing Ministries and the Ministry of Internal Affairs for them shall summarize and send reports to the Prime Minister.

Chapter 4.

IMPLEMENTATION

Article 22. Transitional provisions

For the organizations that have sent plans and applications to competent authorities or persons for the establishment, reform, and dissolution of public service providers before January 01^st 2012 but such competent authorities or persons have not decided the establishment, reform, and dissolution, the Government's Decree No. 83/2006/ND-CP dated August 17^th 2006, on the procedure for establishing, reforming, and dissolving administrative organizations and public service providers, shall apply.

Article 23. Effect

This Decree takes effect on August 15^th 2012.

...

...

...

Article 24. Implementation responsibility

Ministers, Heads of ministerial agencies and Governmental agencies, heads of organizations established by the Government and the Prime Minister, the President of the provincial People’s Committee, and relevant organization are responsible for the implementation of this Decree.

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung