Chapter II
ORDER AND PROCEDURES OF ESTABLISHMENT, REORGANIZATION AND DISSOLUTION OF ADMINISTRATIVE ORGANIZATIONS AND STATE NON-BUSINESS ORGANIZATIONS
Section 1. ESTABLISHMENT OF ORGANIZATIONS
Article 9.- Schemes on establishment of organizations
1. Schemes on the establishment of organizations shall be formulated by agencies proposing the establishment of organizations for submission to agencies competent to decide on the establishment of organizations.
2. Contents of such a scheme shall cover:
a/ The necessity and legal grounds for the establishment of an organization;
b/ Objectives, functions and tasks of the organization;
c/ Type of the to be-established organization;
d/ Structure of the to be-established organization;
e/ Necessary conditions to ensure the operation of the to be-established organization, including the projected personnel, payroll, operation funds, working offices as well as necessary equipment and facilities;
f/ Establishment plan and operation schedule of the organization;
g/ Proposals of the scheme-formulating agency.
For state non-business organizations, apart from the above-said contents, an establishment scheme shall also cover other contents as provided for in specialized laws, regulations of the Government or the Prime Minister, and the guidance of concerned ministries and branches.
Article 10.- Reports on establishment of organizations
1. Reports on the establishment of organizations shall be made by agencies proposing the establishment of organizations for submission to agencies competent to decide on the establishment of organizations.
2. Contents of such a report shall cover:
a/ The necessity and legal grounds for the establishment of an organization;
b/ Principal contents of the scheme on establishment of the organization;
c/ Issues on which there remain divergent opinions and issues which need to be commented by the agency competent to decide on the establishment of the organization.
3. Reports on the establishment of organizations shall be signed by competent heads of agencies proposing the establishment of organizations and duly stamped.
Article 11.- Collection of comments of concerned agencies
1. Agencies proposing the establishment of organizations shall send schemes to concerned agencies according to the provisions of specialized laws and working regulations of the Government and state administrative agencies at all levels for written comments on such establishment.
2. The collection and contribution of written comments by agencies shall comply with the provisions of Article 13 of the Government's Decree No. 144/2005/ND-CP of November 16, 2005, providing for coordination among state administrative agencies in formulating, and inspecting the implementation of, policies, strategies, plannings and plans.
Article 12.- Evaluation of the establishment of organizations
1. Evaluation agencies
In case of establishment of administrative organizations, evaluation agencies shall be specified as follows:
a/ For organizations established under decisions of the Government or the Prime Minister, the Ministry of Home Affairs shall be the evaluation agency;
b/ For organizations established under decisions of ministers, heads of ministerial-level agencies or heads of government-attached agencies, Organization and Personnel Departments or Organization and Personnel Boards shall be evaluation agencies;
c/ For organizations established under decisions of provincial-level People's Committees, provincial/municipal Services of Home Affairs shall be evaluation agencies;
d/ For organizations established under decisions of district-level People's Committees, Sections of Home Affairs, Labor, War Invalids and Social Affairs shall be evaluation agencies.
For state non-business organizations established under decisions of authorities of each level, evaluation agencies shall be specified in relevant specialized laws.
2. Contents to be evaluated shall cover:
a/ The necessity and legal grounds for the establishment of an organization;
b/ Objectives, functions, tasks, type and structure of the to be-established organization;
c/ Dossiers and procedures for establishment of the organization as prescribed;
d/ Conditions for ensuring the operation of the to be-established organization;
e/ The feasibility of establishment of the organization.
3. Evaluation documents shall be signed by heads of evaluation agencies. Evaluation documents should present sufficient grounds for competent state agencies to make decision in one of the following three cases:
a/ Agreement with the establishment of the organization;
b/ Disagreement with the establishment of the organization;
c/ Postponement of the establishment of the organization because several issues in the scheme should be studied more carefully.
4. For organizations established under decisions which are legal documents, the evaluation shall also comply with the provisions of law on promulgation of legal documents.
Article 13.- Verification of procedures and dossiers of establishment of organizations
1. Verification agencies
a/ For organizations established under decisions of the Government or the Prime Minister, the Government Office shall be the verification agency;
b/ For organizations established under decisions of ministers, heads of ministerial-level agencies or heads of government-attached agencies, offices of ministries, ministerial-level agencies or government-attached agencies shall be verification agencies;
c/ For organizations established under decisions of provincial-level or district-level People's Committees, offices of People's Committees of the same level shall be verification agencies.
2. Contents to be verified
a/ Procedures and dossiers of agencies proposing the establishment of organizations, and evaluation dossiers of evaluation agencies;
b/ Analyzing, synthesizing and independently assessing schemes' contents;
c/ Making final modifications to the contents and form of draft documents before submitting them to authorities competent to decide on the establishment of organizations.
3. Verification agencies shall prepare written notices on reasons for establishment or non-establishment of organizations and submit them to competent agencies for promulgation when verification agencies agree or disagree with the organization establishment proposals.
Article 14.- Decision on establishment of organizations
1. Competent agencies shall base themselves on evaluation documents and the verification and checking of procedures and dossiers which have been duly processed according to their working regulations and the provisions of this Decree to decide on the establishment of organizations.
2. Forms of decisions on establishment of organizations shall correspond to the competence of agencies issuing such decisions.
3. The adjustment and finalization of draft decisions on establishment of organizations before submission to agencies competent to decide on establishment of organizations shall be made by verification agencies on the basis of draft documents of agencies proposing the establishment of organizations and opinions of evaluation agencies.
Article 15.- Dossiers for establishment of organizations
1. A dossier for establishment of an organization shall comprise:
a/ The scheme on establishment of the organization;
b/ The report on the scheme on establishment of the organization; the draft decision on establishment of the organization (enclosed with the report); the draft operation regulation of the organization (in case of establishment of state non-business organizations);
c/ Concerned agencies' written opinions on establishment of the organization;
d/ The report on the assimilation of comments of concerned agencies and the additional report as required by the agency competent to decide on establishment of the organization (if any).
2. An evaluation dossier
a/ The written evaluation of the draft decision, report and scheme on establishment of an organization, the draft operation regulation of the organization (in case of establishment of state non-business organizations);
b/ The draft decision on establishment of the organization, which has been amended and finalized with assistance of the evaluation agency (if any).
3. A verification dossier
a/ The verification report of the agency competent to verify procedures and dossiers of the proposing agency, and dossiers of the evaluation agency;
b/ Finalized documents of the dossier for submission to the agency competent to decide on establishment of the organization.
Article 16.- Sending and receipt of dossiers on establishment of organizations
1. Agencies proposing the establishment of organizations shall send their dossiers to agencies specified below:
a/ The agency competent to decide on the establishment of organizations;
b/ The evaluation agency;
c/ Concerned agencies for coordinated handling or information. The names of such agencies shall be written at the bottom of official letters or reports (at the section "recipients").
2. To be-sent dossiers shall include documents submitted to the agency competent to decide on the establishment of organizations.
3. Agencies receiving dossiers of establishment of organizations shall monitor the processing of dossiers according to regulations.
Article 17.- Processing of dossiers and submission to authorities competent to decide on the establishment of organizations
1. Dossier-receiving agencies shall, according to their functions and competence, process dossiers on establishment of organizations according to working regulations of agencies of the same level before deciding or giving evaluation opinions on establishment of organizations according to the provisions of law.
2. After verifying and checking procedures and dossiers of establishment of organizations, if the contents of schemes or other documents remain unclear or there remain divergent opinions, dossier-processing agencies shall request agencies proposing the establishment of organizations to make additional explanations or, under authorization of persons competent to decide on the establishment of organizations, meet with the scheme-submitting agencies and concerned agencies to clarify the remaining problems and report the meeting results to competent persons for decision.
3. Dossier-processing agencies shall assume the prime responsibility for, and coordinate with agencies proposing the establishment of organizations in, finalizing dossiers and procedures according to regulations for submission to agencies competent to decide on the establishment of organizations.
Article 18.- Time limit for dealing with the establishment of organizations
1. Within 15 working days after receiving complete and valid dossiers, evaluation agencies shall complete evaluation documents.
2. Within 15 working days after receiving evaluation dossiers, verification agencies shall give official opinions on the establishment of organizations.
Verification agencies shall verify and review for the last time procedures and dossiers and prepare necessary documents according to their working regulations for submission to agencies competent to decide on the establishment of organizations.
3. Within 20 working days after receiving complete dossiers for establishment of organizations which have been processed according to regulations, competent agencies shall promulgate decisions on the establishment of organizations according to regulations. Where competent agencies have not yet decided on the establishment of organizations, they must notify in writing the proposing agencies of the reasons therefor.
Section 2. REORGANIZATION AND DISSOLUTION OF ORGANIZATIONS
Article 19.- Schemes and reports on reorganization or dissolution of organizations
1. A scheme or report on reorganization or dissolution of an organization shall cover:
a/ The necessity and legal grounds for reorganization or dissolution of the organization;
b/ The plan for handling matters related to personnel, apparatus, payroll, finance, property and land and other relevant matters;
c/ Organizations or individuals in charge of implementing the plan on reorganization or dissolution of the organization, and the time limit for handling matters in the plan.
2. The evaluation of schemes, reports and enclosed draft decisions and the verification of procedures and dossiers for submission to agencies competent to decide on the reorganization or dissolution of organizations shall be the same as for the establishment of organizations.
Article 20.- Dossiers of reorganization or dissolution of organizations
1. Reorganization of organizations
a/ The scheme on reorganization of an organization;
b/ The report on the scheme on reorganization of the organization and the draft decision on reorganization of the organization (enclosed);
c/ Documents certifying the financial status, property, land, loans, payable debts and other relevant matters;
d/ Written comments of concerned agencies.
2. Dissolution of organizations
a/ The scheme on dissolution of an organization;
b/ The report on the scheme on dissolution of the organization and the draft decision on dissolution of the organization (enclosed with the report);
c/ Concerned agencies' documents certifying the financial status, property, land, loans, payable debts and other relevant matters.
3. In specific cases, the sending, receipt and processing of dossiers and the evaluation and verification of procedures and dossiers of reorganization or dissolution of organizations shall be the same as for the establishment of organizations.
Article 21.- Time limit for dealing with reorganization or dissolution of organizations
1. Within 15 working days after receiving complete and valid dossiers, evaluation agencies shall complete evaluation documents.
2. Within 15 working days after receiving evaluation dossiers, verification agencies shall give their official opinions on the reorganization or dissolution of organizations.
Verification agencies shall verify and review for the last time procedures and dossiers and prepare necessary documents according to their working regulations for submission to authorities competent to decide on the reorganization or dissolution of organizations.
3. Within 20 working days after receiving complete dossiers on the reorganization or dissolution of organizations which have been processed according to regulations, competent agencies shall promulgate decisions on the reorganization or dissolution of organizations according to regulations. Where competent agencies have not yet decided on the reorganization or dissolution of organizations, they shall notify in writing agencies proposing the reorganization or dissolution of organizations of the reasons therefor.
Tìm kiếm
Nghị định 83/2006/NĐ-CP (Bản Word)