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:
a) The necessity and legal basis;
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.
Article 6. Application for the establishment
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
1. Appraisal 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.
2. The organization that receives the establishment dossier shall make a list of dossier to monitor the process as prescribed.
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;
c) The Services of Internal Affairs shall appraise the public service providers of which the establishment is decided by provincial People’s Committees;
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.
Article 12. Decision to establish
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;
b) The plan for settling issues about personnel, organizational structure, finance, assets, land, and relevant issues;
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.
Article 16. Deadline for deciding the reform and dissolution
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.
Tìm kiếm
Nghị định 55/2012/NĐ-CP (Bản Word)
Nghị định 55/2012/NĐ-CP (Bản Pdf)