Chương 1 Nghị định số 83/2006/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree provides for responsibilities of agencies proposing, and principles, conditions, order and procedures for, the establishment, reorganization and dissolution of administrative organizations and state non-business organizations (hereinafter collectively referred to as establishment, reorganization and dissolution of organizations).

Article 2.- Subjects of application

1. Subjects of application of this Decree include:

a/ Government-attached agencies;

b/ Administrative organizations and non-business organizations under the Prime Minister's direct management;

c/ Administrative organizations and state non-business organizations under ministries, ministerial-level agencies or government-attached agencies;

d/ Administrative organizations and state non-business organizations under provincial/municipal People's Committees (hereinafter collectively referred to as provincial-level People's Committees);

e/ Administrative organizations and state non-business organizations under People's Committees of rural and urban districts as well as towns and provincial cities (hereinafter collectively referred to as district-level People's Committees).

2. This Decree shall not apply to:

a/ Ministries and ministerial-level agencies;

b/ People's Councils and People's Committees of all levels;

c/ Councils, Committees and Standing or Provisional Boards which assist the Prime Minister, ministers or presidents of provincial-level People's Committees;

d/ State enterprises (including also state non-business organizations within the enterprises' organizational structures);

e/ Associations and non-governmental organizations;

f/ Non-state non-business organizations.

Article 3.- Interpretation of terms

In this Decree, the terms below shall be construed as follows:

1. "Administrative organizations" means organizations which advise on and formulate institutions and policies and implement laws, and operate within the organizational structure of ministries, ministerial-level agencies or government-attached agencies (including departments, general departments, inspectorates, ministry offices and organizations under other names); professional agencies of provincial-level people's committees (including provincial/municipal services, inspectorates, people's committee offices and organizations under other names); and professional agencies of district-level people's committees (including sections, inspectorates, people' committee offices and organizations under other names).

2. "State non-business organizations" means organizations set up and performing state management tasks or providing several public services (including education and training, medical, scientific and technological, culture and information, physical training and sports, labor and social affairs organizations and other non-business organizations).

3. "Reorganization of administrative organizations or non-business organizations" means reorganization or consolidation of organizations in the form of merger, consolidation, transformation, transfer or separation for the formation of new organizations to meet management requirements.

Article 4.- Principles of establishment, reorganization and dissolution of organizations

1. Establishment of organizations

The establishment of organizations shall stem from state management requirements, serve the state management or the provision of public services, and adhere to the following principles:

a/ Administrative organizations shall be established only when the organizations' objectives, functions and tasks are clearly defined not to overlap the functions and tasks of existing organizations. The size and type of to be-established organizations shall suit the organizations' functions and tasks and state administrative reform requirements;

b/ State non-business organizations shall only be established for the performance of state management functions and tasks or the provision of public services in a branch or domain which have not yet been transferred by the State to non-state organizations or are not or cannot be performed by non-state organizations.

For branches and domains in which the plannings on networks of non-business organizations have been approved by competent authorities, the establishment of state non-business organizations should conform to such plannings.

2. Reorganization of organizations

a/ Administrative organizations shall be reorganized upon the adjustment of functions, tasks and subjects of management or upon the merger, consolidation, separation, transformation, transfer or upgrading of organizations under the schemes approved by competent authorities;

b/ State non-business organizations shall be reorganized upon the merger, consolidation, separation, transformation, transfer or upgrading of organizations or upon the implementation of schemes on adjustment of plannings on networks of state non-business organizations.

3. Dissolution of organizations

Administrative organizations or state non-business organizations shall be dissolved when they fail to clearly define their functions and tasks and inefficiently operate or when they no longer have any functions and tasks.

4. The establishment, reorganization and dissolution of administrative organizations or state non-business organizations shall comply with the order and procedures specified in this Decree and other relevant legal documents.

Article 5.- Conditions for establishment, reorganization and dissolution of organizations

1. Establishment of an organization

a/ Preparing a complete dossier specified in Article 15 of this Decree;

b/ Ensuring necessary conditions on staff, payroll, funds, working offices as well as necessary equipment and facilities for operation after the organization is established.

2. Reorganization of an organization

a/ Preparing a complete dossier specified in Clause 1, Article 20 of this Decree;

b/ Having a plan on key leading staff, reorganization, payroll and material foundations for the implementation of the decision on reorganization of the organization.

3. Dissolution of an organization

a/ Preparing a complete dossier specified in Clause 2, Article 20 of this Decree;

b/ Having a plan for handling matters related to staff, payroll, finance, property and land and other relevant matters.

Article 6.- Order and procedures for establishment, reorganization or dissolution of organizations

The establishment, reorganization or dissolution of an organization shall comply with the following order and procedures:

1. Formulating a scheme, report and draft decision on the establishment, reorganization or dissolution of the organization; draft operation regulations of the organization (in case of establishment of state non-business organizations).

2. Evaluating the scheme, report and draft decision on the establishment, reorganization or dissolution of the organization; draft operation regulations of the organization (in case of establishment of state non-business organizations).

3. Verifying the scheme, report and draft decision on the establishment, reorganization or dissolution of the organization.

4. Issuing decision on the establishment, reorganization or dissolution of the organization.

Article 7.- Responsibilities of agencies requesting the establishment, reorganization or dissolution of organizations

1. To adhere to the principles and conditions for the establishment, reorganization or dissolution of organizations specified in Articles 4 and 5 of this Decree in formulating schemes or reports for submission to competent authorities for decision, draft decisions or operation regulations of organizations (in case of establishment of state non-business organizations), consult evaluation agencies and relevant agencies, report on their comments, and make dossiers proposing competent authorities to decide on the establishment, reorganization or dissolution of organizations according to the provisions of this Decree.

2. To ensure necessary conditions for operation of organizations after their establishment or reorganization decisions are issued.

3. To direct the implementation of decisions on the establishment, reorganization or dissolution of organizations.

Article 8.- Competence to establish, reorganize or dissolve organizations

The competence to establish, reorganize or dissolve administrative organizations or state non-business organizations shall comply with the current provisions of law and the management decentralization by the Government or the Prime Minister.