Chương I Nghị định 16/2015/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree sets out general rules and regulations on the mechanism for exercising the autonomy of public administrative units in the following sectors: Education and training; vocational training; culture, sports and tourism; press and media; science and technology; economic and other sectors.

Article 2. Applicable entities

1. Public administrative units established by competent governmental authorities under legal regulations, having the legal status, providing public services or other state management-related services (hereinafter referred to as public administrative unit).

2. Public administrative units affiliated to the Ministry of National Defense, the Ministry of Public Security, political organizations, socio-political organizations as governed by this Decree and other relevant legal regulations.

Article 3. Interpretation of terms

Terms used herein shall be construed as follows:

1. “Autonomy mechanism of public administrative units” refers to a set of regulations on autonomy and responsible autonomy to duty performance, organizational, workforce and finance structure of public administrative units.

2. “Public administrative service” refers to administrative services in such sectors as education and training; vocational training; culture, sports and tourism; press and media; science and technology; economic and other sectors.

3. “Public administrative service funded by the state budget" refers to public administrative services on which all expenses are covered by the Government, or those on which expenses have not been fully included in the service price or fee, or are supported by the state budget.

4. “Public administrative service not funded by the state budget” refers to public administrative services that have more advantages in calling for private-sector involvements, are not subsidized by the Government, and of which the price follows the market mechanism.

Article 4. State management of public administrative service and public administrative units

1. Draw up the legislation on state management of public administrative service and public administrative units; encourage, provide favorable conditions, create the equal and competitive environment in order for organizations or individuals in all economic sectors to get involved in providing public administrative services.

2. Arrange the network of public service units by industries and sectors; compile the list of public services funded by the state budget; issue economic – technical norms that apply to the field of public administrative services managed by the Government; set out regulations on bidding, placement of orders and assignment of duties to supply public administrative services.

3. Set the criteria and standards for the quality of public administrative services; provide the mechanism for supervision, assessment and inspection of the quality of public administrative services and the efficiency in operations of public administrative units.

4. Sketch out the road map for sufficiently calculating prices and fees on public administrative services that public administrative units set and directly pay in favor of persons entitled to state policies.

5. Establish the procedure, process for establishment, reorganization and dissolution, and specify conditions for organization and operation of public administrative units; arrange, transform public administrative units according to the planning approved by competent authorities; delegate the autonomy to affiliated public administrative units.

6. Stipulate transformation of public administrative units into non-public ones or enterprises.

7. Adopt the mechanism and policy to encourage private-sector involvements in public administrative services.

8. Inspect, examine and impose penalties for violations arising in public administrative service supply.