Youme Law Firm said that the draft decree of the Government stipulates the organization of specialized agencies under the People's Committees of the provinces and cities directly under the Central Government and the People's Committee of the commune, ward and special zones under the provincial level built by the Ministry of Home Affairs and will replace Decree 45/2025 of the Government.
The draft has specific regulations on the organization of specialized agencies under the People's Committees at the commune level.
In accordance with the orientation of organizing local governments in the model of a 2 -level model, the draft decree stipulates that the Division is a specialized agency under the People's Committee of the commune; carry out the function of advising and assisting the People's Committee of the communal level to manage the State on the industry and fields in the locality in accordance with the law.
The specialized department of the People's Committee of the commune has the Office of the People's Council and the People's Committee, the Economic Department (for communes, special zones) or the Economic, Infrastructure and Urban Division (for wards and special zones of Phu Quoc); Cultural - Social Department.
Based on the criteria of population size, natural area, socio-economic development conditions and specific factors of each type of administrative unit in rural, urban and island areas, the People's Committees at the commune level are organized with specialized agencies or arranged professional civil servant positions to advise and assist the People's Committees at the commune level in sectors and fields in the commune-level area according to regulations.
Regarding the number of civil servant positions to be arranged for professional departments or commune civil servants according to job positions at the commune level, according to the submission of the Ministry of Home Affairs, it will be implemented according to Government regulations.
Decentralize to local authorities at the provincial level to decide on the number of civil servant positions at commune-level administrative units from the total number of positions assigned by competent authorities in accordance with local characteristics and conditions.
Regarding the number of departments under the People's Committee at the commune level, the draft decree stipulates that there are 3 specialized departments and equivalent; at the same time, there are regulations on criteria for local authorities to decide whether to establish or not to establish an additional specialized department.
Accordingly, the decentralization to the People's Committees at the commune level specifically stipulates the functions of each professional department and equivalent.
The criteria for establishing an additional professional department are communes, wards, and special zones with a population of over 60,000 people.
Taking population size as the criterion to establish an additional professional department comes from the task of the commune level to focus on solving procedures and serving the essential needs of the people. In particular, Phu Quoc Special Zone is organized with no more than 5 rooms.
For public administrative service centers under the People's Committees at the commune level, implement according to Government regulations.
The report also clearly states that if this criterion is applied, there will be 390/3,321 commune-level units with over 60,000 people (equivalent to 11.7%), including 134/2,621 communes (equivalent to 5.1%); 254/687 wards (equivalent to 37%) and 2/13 special zones (equivalent to 15.4%).
