The Ministry of Justice is reviewing the Draft Decree of the Government regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities and the People's Committees of communes, wards and special zones under provincial levels.
This draft decree, developed by the Ministry of Home Affairs, will replace Decree 45/2025 of the Government.
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 office under the People's Committee of the commune is under the direction and management of the organization, job position, civil servant payroll, the structure of civil servants and the work of the People's Committee of the commune, and at the same time under the direction, inspection and guidance on professional skills of the professional agencies under the provincial People's Committee.
Regarding specialized departments under the People's Committee at the commune level, based on the orientation of some tasks of arranging administrative units and organizing local governments at 2 levels, the draft decree stipulates the arrangement and consolidation of specialized departments organized at the commune level.
Including the People's Council and People's Committee Office, Economic Department (for communes, special zones) or Economic, Infrastructure and Urban Area Department (for wards and special zones of Phu Quoc); Department of Culture - Society.
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.
Notably, the number of civil servant positions to be arranged for the professional department or commune civil servant according to the job position at the commune level, according to the submission of the Ministry of Home Affairs, 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%).
The Steering Committee for the implementation of the arrangement of administrative units at all levels and the development of a model of organizing local government at both levels of the Government has issued Official Letter No. 09 on the temporary orientation for staff arrangement when implementing the arrangement of administrative units and organizing local government at both levels.
It is expected that the temporary orientation on arranging the staffing framework of a commune-level government will be about 32 positions (excluding the positions of the Party and mass organizations and not including the positions of the Commune-level Military Command) will be arranged.
