Chương 1: Nghị định 55/2012/NĐ-CP Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

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).

2. This Decree is not applicable to the following public service providers:

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:

a) The functions, tasks, powers of the public service provider are adjusted;

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;

b) The state management function or delegated tasks or public service provision of a public service provider;

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.