Decree No. 299/2026/ND-CP of the Government stipulates the organization of public non-business units.
The Decree stipulates that the establishment, reorganization, and dissolution of public non-business units must ensure the conditions, order, procedures and authority specified in this Decree (in case specialized laws have other regulations, they shall be implemented according to the provisions of specialized laws); a public non-business unit may provide multiple public non-business services in the same industry or field or provide public non-business services of many industries and fields.
Newly established public non-business units must self-ensure regular expenditures or more, except for newly established units to provide basic and essential public non-business services.
Specifically for public non-business units that self-ensure regular and investment expenditures, when establishing new public non-business units directly under them (including cases of providing basic and essential public non-business services), they must self-ensure regular and investment expenditures.
The reorganization of public non-business units guaranteed by the state budget for regular expenditures or partially guaranteed by the state budget for regular expenditures must not increase the number of people receiving salaries from the state budget that has been approved by competent authorities.
In case of consolidation and merger of public non-business units with financial autonomy at different levels, the level of financial autonomy of the public non-business unit after consolidation and merger is implemented according to the decision of the competent authority to establish and reorganize the unit.
The transfer of public non-business units is carried out according to the principle of transferring the status quo of public non-business units.
Public non-business units are established when they meet the following conditions:
- Suitable to industry planning (if any) or the development plan of the network of public non-business units by industry and field approved by competent authorities;
- Meeting the criteria and conditions for establishing public non-business units according to the provisions of specialized laws; except for public non-business units providing basic and essential multi-sectoral and multi-field public non-business services, ensuring compliance with socio-economic development conditions in commune-level areas;
- Clearly define the goals, functions, tasks, and areas of operation of public non-business units;
- Ensure that the minimum number of employees assigned is 15 people; except for public non-business units providing basic and essential public non-business services established according to the provisions of specialized laws.
For public non-business units that self-ensure regular expenditures, public non-business units that self-ensure regular expenditures and investment expenditures, when establishing these units, the number of employees is determined according to the establishment project approved by competent authorities.
For public non-business units abroad, the number of employees is determined in the approved project to establish a public non-business unit;
- For public non-business units abroad, in addition to meeting the prescribed conditions, it is necessary to ensure compliance with the foreign policy of the Party and the State and international treaties between the Government of Vietnam and the Government of the host country on the establishment and operation of public non-business units.
Public non-business units are reorganized when they fall into one of the following cases:
- Adjusting the name, position, function, task, and authority to be consistent with industry planning (if any) or consistent with the development plan of the network of public non-business units by industry and field; ensuring to improve operational efficiency and meet the regulations on the minimum number of employees specified above;
- Not meeting the conditions for establishing a public non-business unit as prescribed;
Not ensuring the level of financial autonomy according to the financial autonomy plan of the unit approved by competent authorities.
This Decree takes effect from July 28, 2026.
