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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 121/2026/ND-CP
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Hanoi, April 03, 2026
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DECREE
PRESCRIBING ORGANIZATION, RESTRUCTURING AND DISSOLUTION OF
ADMINISTRATIVE UNITS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Organization of Local Governments No. 72/2025/QH15;
At the request of the
Minister of Home Affairs of Vietnam;
The Government
promulgates a Decree prescribing organization, restructuring and dissolution of
administrative units.
Chapter I
GENERAL PROVISIONS
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This Decree deals with
rules, conditions, procedures, and authority to establish, restructure, and
dissolve administrative units.
Article 2. Regulated
entities
1. Administrative units of
ministries or ministerial agencies (hereinafter referred to as “ministries”),
including:
a) Offices (if any),
inspectorates (if any), bureaus, departments, and equivalent organizations
within the organizational structure of ministries;
b) Divisions within the
organizational structure of offices, inspectorates (if any), departments (if
any), and equivalent organizations affiliated to ministries;
c) Boards, offices (if
any), and inspectorates (if any) within the organizational structure of
departments, and equivalent organizations affiliated to ministries (hereinafter
referred to as “ministry-affiliated departments");
d) Sub-departments and
equivalent organizations affiliated to ministry-affiliated departments
(hereinafter referred to as “sub-departments affiliated to ministry-affiliated
departments);
dd) Divisions and
equivalent organizations within the organizational structure of sub-departments
affiliated to ministry-affiliated departments;
e) Teams and equivalent
organizations within the organizational structure of sub-departments and
equivalent organizations affiliated to ministry-affiliated type-1 departments;
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2. Administrative units of
provinces or central-affiliated cities (hereinafter referred to as
“provincial-level), including:
a) Specialized agencies
affiliated to provincial-level People's Committees (hereinafter referred to as
“provincial-level departments”);
b) Offices (if any),
specialized and professional divisions, sub-departments, and equivalent
organizations (if any) within the organizational structure of provincial-level
departments;
c) Divisions within the
organizational structure of sub-departments, and equivalent organizations
affiliated to provincial-level departments;
d) Other administrative
units affiliated to provincial-level People's Committees;
dd) Offices (if any),
divisions, sub-departments, and equivalent organizations (if any) within the
organizational structure of other administrative units affiliated to
provincial-level People's Committees;
e) Divisions within the
organizational structure of sub-departments, and equivalent organizations (if
any) affiliated to other administrative units affiliated to provincial-level
People's Committees.
3. Administrative units of
communes, wards, and special zones affiliated to provinces or
central-affiliated cities (hereinafter referred to as “commune-level),
including:
a) Specialized agencies
affiliated to commune-level People's Committees;
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4. This Decree does not
apply to establishment, restructuring, and dissolution of:
a) Ministries, and
ministerial agencies;
b) Provincial-level
People's Councils and provincial-level People's Committees;
c) Commune-level People's
Councils and commune-level People's Committees;
d) Overseas representative
missions of the Socialist Republic of Vietnam;
dd) Special administrative
units established, restructured, or dissolved in accordance with decisions of
competent authorities or persons.
Article 3. Definitions
For the purpose of this
Decree, the terms below are construed as follows:
1. “administrative unit”
means an entity that is assigned to advise and assist the head of an agency or
organization in the performance of state management tasks, or to perform state
management functions in a designated sector or field, or to provide advice on
the internal administration of such agency or organization, and is established
in accordance with regulations of law.
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3. “restructuring” means
the reorganization and strengthening of administrative units in the forms of
division, separation, merger, consolidation, conversion, or adjustment of their
names, positions, functions, and tasks, for the formation of new administrative
units.
Article 4. Rules for
establishment, restructuring, and dissolution of administrative units
1. The establishment,
restructuring, and dissolution of administrative units must comply with
conditions, order, procedures, and competence prescribed herein and other
relevant legislative documents. A new administrative unit shall be established
only in exceptional cases where it is strictly necessary to meet practical
requirements.
2. The establishment and
restructuring of administrative units must not exceed the prescribed
organizational framework on the number of such units as determined by the
Government, the Prime Minister, or competent authorities.
Article 5. Conditions
for establishment, restructuring, and dissolution of administrative units
1. An administrative unit
shall be established if all of the following conditions are satisfied:
a) It is established on
legal grounds;
b) It meets establishment
criteria as prescribed by law;
c) It has state management
scope and entities in designated sectors or fields or its internal management
fields;
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dd) Its form and scope
must be conformable with its functions, tasks, and powers, and state
administrative reform requirements.
2. An administrative unit
shall be restructured in the following cases:
a) There are adjustments
to its name, positions, functions, tasks, powers, organizational structure,
management scope or entities as prescribed by competent authorities or persons;
b) It fails to maintain
the satisfaction of criteria for establishment of administrative units as
prescribed by law;
c) It operates
ineffectively, as assessed by a competent authority.
The restructuring to
establish a new administrative unit must meet the criteria/conditions for
establishment of administrative units laid down in Clause 1 of this Article.
3. An administrative unit
shall be dissolved in the following cases:
a) It no longer has any
functions, tasks, scope, or entities/subjects of management;
b) It fails to maintain
the satisfaction of criteria for establishment of administrative units as
prescribed by law.
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ORDER AND PROCEDURES FOR
ESTABLISHMENT, RESTRUCTURING, AND DISSOLUTION OF ADMINISTRATIVE UNITS
Section 1.
ESTABLISHMENT
Article 6.
Establishment scheme
1. An establishment scheme
shall be prepared by the agency or organization proposing the establishment of
an administrative unit and submitted to a competent authority or person for
consideration and decision.
2. Contents of such an
establishment scheme:
a) The necessity and legal
grounds for establishing the administrative unit;
b) Objectives, management
scope and entities/subjects;
c) Type and name of the
administrative unit;
d) Position, functions,
tasks, powers and organizational structure;
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e) Estimated human
resources (including a clear determination of the number of deputy heads as
prescribed by law); job positions, and civil servant staffing quotas based on
job positions which must be consistent with its functions, tasks, and powers;
availability of working office, equipment, means of work, and necessary
financial mechanisms to ensure the operation of the administrative unit upon
its establishment;
g) Plan for implementation
and roadmap for the operation of the administrative unit;
h) Suggestions of the
agency or organization preparing the establishment scheme (if any);
i) Other contents as
prescribed by the specialized law and guidelines given by the supervisory ministry.
Article 7.
Establishment proposal
1. The establishment
proposal shall be prepared by the agency or organization proposing the
establishment of an administrative unit and submitted to a competent authority
or person for consideration and decision.
2. Such an establishment
proposal includes the following information:
a) The necessity and legal
grounds for establishing the administrative unit;
b) Process of formulation
of the establishment scheme;
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d) Issues on which there
are different opinions and related matters.
3. The establishment
proposal must be signed and submitted by the head of the agency or organization
proposing the establishment of an administrative unit to a competent authority
or person for decision.
4. Agencies/organizations
proposing the establishment of administrative units:
a) Ministries shall
propose the establishment of the administrative units specified in Point a
Clause 1 Article 2 hereof;
b) Offices (if any),
inspectorates (if any), bureaus, and equivalent organizations affiliated to
ministries shall propose the establishment of the administrative units
specified in Point b Clause 1 Article 2 hereof;
c) Ministry-affiliated
departments shall propose the establishment of the administrative units
specified in Points c, d, dd, and e Clause 1 Article 2 hereof;
d) Provincial-level
People's Committees shall propose the establishment of the administrative units
specified in Points a, d Clause 2 Article 2 hereof;
dd) Specialized agencies
affiliated to provincial-level People's Committees shall propose the
establishment of the administrative units specified in Point b, Point c Clause
2 Article 2 hereof;
e) Other administrative
units affiliated to provincial-level People's Committees shall propose the
establishment of the administrative units specified in Points dd, e Clause 2
Article 2 hereof;
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Article 8. Getting opinions
from relevant agencies and organizations
Agencies/organizations
proposing the establishment of administrative units must send the draft
establishment schemes, proposals, and draft establishment decisions to be
issued by competent authorities or persons to relevant agencies/organizations
prescribed by law for getting their written opinions about the establishment of
administrative units before they are sent to competent authorities for
appraisal.
1. For administrative
units falling under the establishment decision-making authority of the
Government or the Prime Minister, the establishment dossier shall be sent to
the Ministry of Home Affairs, the Ministry of Justice, the Ministry of Finance,
and other relevant agencies (if any) to seek their opinions.
2. For administrative
units falling under the establishment decision-making authority of Ministers or
heads of ministerial agencies, the establishment dossier shall be sent to
advisory units in charge of organizational structure, legal affairs, finance, and
other relevant units (if any) to seek their opinions.
3. For administrative
units falling under the establishment decision-making authority of
provincial-level People’s Councils and provincial-level People’s Committees,
the establishment dossier shall be sent to specialized agencies affiliated to
provincial-level People’s Committees in charge of home affairs, justice,
finance, and other relevant agencies (if any) to seek their opinions.
4. For administrative
units falling under the establishment decision-making authority of
commune-level People’s Councils, the establishment dossier shall be sent to
specialized agencies affiliated to commune-level People’s Committees in charge
of home affairs, justice, finance, and other relevant agencies (if any) to seek
their opinions.
Article 9. Appraisal of
establishment of administrative units
1. Appraising agencies
With regard to the
establishment of administrative units, appraising agencies are prescribed as
follows:
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b) Advisory units in
charge of organizational structure affiliated to ministries take charge of
appraising the establishment of administrative units falling under the
establishment decision-making authority of Ministers, or heads of ministerial
agencies;
c) Specialized agencies in
charge of advising on state management of organizational structure affiliated to
provincial-level People’s Committees take charge of appraising the
establishment of administrative units falling under the establishment
decision-making authority of provincial-level People’s Councils and
provincial-level People’s Committees;
d) Specialized agencies in
charge of advising on state management of organizational structure affiliated
to commune-level People’s Committees take charge of appraising the
establishment of administrative units falling under the establishment
decision-making authority of commune-level People’s Councils.
2. Contents of appraisal:
a) The necessity and legal
grounds for establishing the administrative unit;
b) Objectives, scope,
entities/subjects, name, type, legal status, functions, tasks, powers, and
organizational structure of the administrative unit;
c) Establishment
dossier/procedures as prescribed;
d) Conditions for ensuring
operation of the administrative unit upon its establishment;
dd) Reports on fulfillment
of establishment criteria as prescribed by law;
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g) The draft decision on
establishment of the administrative unit to be given by the competent authority
or person.
With regard to unclear
issues or issues on which there are different opinions, the appraising agency
shall request the agency or organization proposing the establishment of the
administrative unit to provide additional written explanations or, upon
authorization of the person competent to make establishment decision, hold a
meeting with such agency or organization and relevant agencies to clarify such
issues and report thereon to the competent authority or person for decision.
3. If a decision on
establishment of the administrative unit is a legislative document, the
appraisal must also comply with regulations of the Law on promulgation of
legislative documents.
Article 10.
Establishment dossier
1. Establishment dossier
sent to the appraising agency shall include:
a) A written request for
appraisal signed and sealed by the agency or organization proposing the
establishment as prescribed;
b) The draft proposal for
establishment of the administrative unit;
c) The draft scheme for
establishment of the administrative unit;
d) The draft decision on
establishment of the administrative unit of the competent authority or person;
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e) A report made by the
agency or organization proposing the establishment on receipt and explanation
of opinions given by relevant agencies.
2. Documents submitted to
the authority or person competent to make decision on establishment of the
administrative unit shall include:
a) The written proposal
made by the agency or organization proposing the establishment of the
administrative unit;
b) The scheme for
establishment of the administrative unit;
c) The draft decision on
establishment of the administrative unit of the competent authority or person;
d) The appraisal report
given by the competent authority;
dd) A report made by the
agency proposing the establishment on receipt and explanation of opinions given
by the appraising agency;
e) A report of the
proposing agency or organization on receipt and explanation of opinions of
relevant agencies (accompanied with written opinions of such agencies) and
other relevant documents relating to the establishment of the administrative
unit;
g) Written opinions given
by a competent authority in case the establishment of an administrative unit
prescribed in Point a Clause 1 Article 2 hereof results in an increase in the
number of administrative units affiliated to a ministry.
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1. The agency or
organization proposing the establishment of an administrative unit shall send
01 package of the establishment dossier to the appraising agency prescribed in
Article 9 hereof for conducting appraisal. For relevant agencies involved in
coordination or for informational purposes, only the names of those agencies shall
be listed in the "recipients" section of the document or the
establishment proposal.
2. The agency or
organization receiving the establishment dossier must prepare a list of
received documents as prescribed.
3. Submitted documents are
originals bearing signature and seal of the agency or organization proposing
the establishment, and other relevant documents as prescribed in Clause 1
Article 10 hereof.
Article 12. Reporting
on establishment of administrative unit
1. If the establishment of
an administrative unit prescribed in Point a Clause 1 Article 2 hereof results
in an increase in the number of administrative units affiliated to a ministry,
the agency proposing the establishment shall report it to the Government for
submission to competent authorities for giving opinions.
2. Procedures for
reporting on establishment of an administrative unit:
a) The agency proposing
the establishment of an administrative unit prescribed in Clause 1 of this
Article shall prepare the draft establishment scheme according to Article 6 and
the draft establishment proposal according to Article 7, and get opinions about
them according to Article 8 hereof;
b) The proposing agency
shall consolidate, receive, and explain about opinions given by relevant
agencies for completing the draft establishment scheme and proposal, and send
them to the Ministry of Home Affairs and Ministry of Justice for appraisal
(enclosed with written opinions given by relevant agencies);
c) The proposing agency
shall consolidate, receive, and explain about opinions given by the Ministry of
Home Affairs and Ministry of Justice, complete the establishment scheme, and
send it to the Government for opinions;
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Article 13.
Establishment decision
1. The authority or person
competent to make establishment decision shall, based on the establishment
dossier, appraisal report, and written opinions given by competent authorities
(in case the establishment of an administrative unit specified in Point a
Clause 1 Article 2 hereof results in an increase in the number of
administrative units affiliated to a ministry), issue a decision on
establishment of the administrative unit.
2. The form of the
document on establishment of the administrative unit must be conformable with
the establishment decision-making authority and other relevant legislative
documents.
Article 14. Processing
establishment dossier and processing time limit
1. Regarding the appraisal
of establishment of administrative units:
a) With regard to the
establishment of an administrative unit falling under the establishment
decision-making authority of the Government or the Prime Minister, within 15
days from the receipt of adequate documents as prescribed, the appraising
agency shall give an appraisal report to the proposing agency or organization;
b) With regard to the
establishment of an administrative unit falling under the establishment
decision-making authority of a Minister, head of ministerial agency, or local
government, within 10 days from the receipt of adequate documents as
prescribed, the appraising agency shall give an appraisal report to the
proposing agency or organization.
2. Regarding the issuance
of establishment decisions:
Within 10 days from the
day on which the proposing agency or organization completes the establishment
dossier according to opinions given by the appraising agency, and submits it as
prescribed, the competent authority or person shall issue a decision on
establishment of the administrative unit.
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Section 2.
RESTRUCTURING AND DISSOLUTION
Article 15. Scheme and
proposal for restructuring of administrative unit
1. The scheme for restructuring
of an administrative unit includes the following contents:
a) The contents prescribed
in Clause 2 Article 6 hereof;
b) The current status of
the organization and operation of the administrative unit before restructuring;
c) The plan for settlement
of organizational structure, personnel, finance, assets, land, and other
related matters;
d) Documents given by
competent authorities confirming financial status, assets, land, loans,
outstanding debts, and other related matters (if any);
dd) Responsibilities of
the head of the administrative unit and other relevant individuals for the
implementation of the plan for restructuring of an administrative unit and
processing time limit.
2. The proposal for
restructuring of an administrative unit shall include the same contents as
those of the proposal for establishment of an administrative unit prescribed in
Article 7 hereof.
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1. The scheme for
dissolution of an administrative unit includes the following contents:
a) Necessity and legal
grounds for dissolution;
b) The plan for settlement
of organizational structure, personnel, finance, assets, land, and other
related matters;
c) Documents given by
competent authorities confirming financial status, assets, land, loans,
outstanding debts, and other related matters (if any);
d) Responsibilities of the
head of the administrative unit and other relevant individuals for the
implementation of the plan for dissolution of an administrative unit and
processing time limit.
2. The proposal for
dissolution of an administrative unit shall include the same contents as those
of the proposal for establishment of an administrative unit prescribed in
Article 7 hereof.
Article 17.
Documentation requirements and procedures for restructuring or dissolution of
administrative unit
1. A dossier for
restructuring or dissolution of an administrative unit includes:
a) The scheme for
restructuring or dissolution of the administrative unit;
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c) The draft decision on
the restructuring or dissolution of the administrative unit given by the
competent authority or person;
d) Documents given by
competent authorities confirming the completion of financial, asset, land,
loan, and debt obligations, and other related matters (if any);
2. Getting opinions of
relevant agencies, procedures for submission, receipt, appraisal, and
processing of restructuring or dissolution dossiers, and time limit for processing
restructuring or dissolution of an administrative unit shall be same as those
for establishment of an administrative unit.
Chapter III
AUTHORITY AND RESPONSIBILITY
Article 18. Authority
of Prime Minister
The Prime Minister shall
decide the establishment, restructuring, and dissolution of administrative
units specified in Point d Clause 2 Article 2 hereof in accordance with
regulations of law.
Article 19. Authority
and responsibility of Minister of Home Affairs
1. Submit to competent
authorities or persons for promulgation of, or promulgate within his/her
competence, legislative documents on administrative units, professional and
operational guidelines, forms, and reporting regimes to support the management
of administrative units.
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3. Consolidate and update
information on administrative units nationwide and submit reports to competent
authorities in accordance with regulations of law.
Article 20. Authority
and responsibility of Ministers, and heads of ministerial agencies
Ministers and heads of
ministerial agencies shall exercise and discharge the following authority and responsibilities:
1. Submit to competent
authorities or persons for promulgation of, or promulgate within their
competence, specific criteria for establishment of administrative units by
sector or field within their management scope, in accordance with the law.
2. Decide the
establishment, restructuring, and dissolution of the administrative units
prescribed in Point b, Point c, Point d, Point dd, Point e Clause 1 Article 2
hereof, or delegate Directors General of Departments to decide the
establishment of the administrative units prescribed in Point dd, Point e
Clause 1 Article 2 hereof.
In cases where Directors
General of Departments are delegated to make decisions on the establishment,
restructuring, or dissolution of administrative units prescribed in Point dd,
Point e Clause 1 Article 2 hereof, Ministers or Heads of ministerial agencies
shall decide the application of procedures specified in this Decree for
guidance within their authority.
Article 21. Authority and
responsibility of provincial-level People’s Committees and commune-level
People’s Committees
1. Provincial-level
People’s Committees shall submit to People's Councils of the same level
decisions on establishment, restructuring, and dissolution of the administrative
units prescribed in Point a, Point d Clause 2 Article 2 hereof.
In cases where the law
stipulates that the Prime Minister shall decide the establishment,
restructuring, and dissolution of administrative units specified in Point d
Clause 2 Article 2 hereof, the provincial-level People's Committee shall
request the Prime Minister to make decisions.
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3. Commune-level People’s
Committees request People's Councils of the same level to decide the establishment,
restructuring and dissolution of the administrative units prescribed in Clause
3 Article 2 hereof.
In exceptional cases,
People's Committees of special zones shall request provincial-level People's
Committees to make decisions on the establishment, restructuring, and
dissolution of administrative units of People's Committees of special zones.
Article 22. Provision
of information and reporting on administrative units
Ministries, ministerial
agencies, and other administrative units established by the Government, the
Prime Minister, or provincial-level People's Committees shall:
1. Provide information on
administrative units under their management to relevant authorities,
organizations, and individuals in accordance with regulations of law.
2. Periodically compile
and submit reports on administrative units under their management to the
Ministry of Home Affairs by December 20 each year.
Chapter IV
IMPLEMENTATION
Article 23. Effect
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2. This Decree supersedes
the Government’s Decree No. 158/2018/ND-CP dated November 22, 2018 prescribing
establishment, restructuring, and dissolution of administrative units.
Article 24. Transition
Schemes and proposals
which have been submitted to authorities or persons competent to decide the
establishment, restructuring, and dissolution of administrative units before
the effective date of this Decree, but for which no decision has yet been
issued by competent authorities or persons shall continue to be processed in accordance
with the provisions of the Government’s Decree No. 158/2018/ND-CP dated
November 22, 2018.
Article 25.
Responsibility for implementation
Ministers, heads of
ministerial agencies, heads of agencies established by the Government or the
Prime Minister, provincial-level People's Councils, provincial-level People’s
Committees, commune-level People's Councils, commune-level People’s Committees,
and relevant agencies and organizations are responsible for the implementation
of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Thi Thanh Tra