New regulations on the number of deputies of agencies and units

Decree No. 83/2024/ND-CP dated July 10, 2024 amending and supplementing a number of articles of Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies, which have been amended and supplemented by a number of articles under Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government; Decree No. 10/2016/ND-CP dated February 1, 2016 of the Government regulating government agencies has been amended and supplemented by a number of articles under Decree No. 47/2019/ND-CP dated June 5, 2019 of the Government and Decree No. 120/2020/ND-CP dated October 7, 2020 of the Government regulating the establishment, reorganization and dissolution of public service units.

Decree No. 83/2024/ND-CP takes effect from September 1, 2024.

Number of deputies of the head of a branch office under a department under a ministry

Regarding the number of deputies of the heads of branches of departments under ministries, according to current regulations in Decree No. 123/2016/ND-CP stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies, a number of articles have been amended and supplemented according to Decree No. 101/2020/ND-CP:

A branch with 1 to 3 departments is assigned 1 deputy; a branch with 4 or more departments is assigned no more than 2 deputy;

A branch without a department is assigned no more than 2 deputies.

In addition to the above contents, Decree No. 83/2024/ND-CP adds the following provisions: Ministers and heads of ministerial-level agencies decide or delegate the decision on the number of deputies of the head of a branch, ensuring an average of no more than 3 people per branch when the branch meets one of the following criteria:

- Carry out the task of handling administrative procedures 24/24 hours a day according to the provisions of law, must arrange civil servants (including branch leaders) to work 3 shifts/day and be assigned 60 or more civil servant positions;

- Assigned to manage inter-provincial and inter-district areas and have 9 or more departments or equivalent organizations under the organizational structure of the branch according to the provisions of law.

Number of deputies of heads of departments, bureaus, inspectorates, and offices of general departments under ministries

Regarding the number of deputies of heads of departments, bureaus, inspectorates, and offices of general departments under ministries, Decree No. 83/2024/ND-CP amending points a and b, clause 5, article 22 of Decree No. 123/2016/ND-CP has been amended and supplemented in clause 12, article 1 of Decree No. 101/2020/ND-CP as follows:

a) A department under a general department with 15 to 20 civil servant positions, a bureau (except for a local bureau), an inspectorate, or an office under a general department with less than 4 organizations shall be assigned no more than 2 deputies;

b) For departments under a general department with more than 20 civil servant positions; for departments (except for departments located in localities), inspectorates, and offices under a general department with 4 or more organizations, the minister or head of a ministerial-level agency shall decide on the number of deputies of each unit, ensuring an average of no more than 3 people per unit.

Number of deputies of organizations and units in government agencies

According to Decree No. 10/2016/ND-CP regulating government agencies, which has been amended and supplemented in Decree No. 47/2019/ND-CP, the organizational structure of government agencies includes: Board; Office; Affiliated career organizations (if any).

Regarding the number of deputies of the above organizations and units, according to the new regulations in Decree No. 83/2024/ND-CP, Boards and Offices with 15 to 20 civil servants and public employees are arranged with no more than 2 deputies; Boards and offices with more than 20 civil servants and public employees, the head of the Government agency decides the number of deputies of each unit, ensuring an average of no more than 3 people per unit.

Number of deputies of the head of public service unit

Decree No. 83/2024/ND-CP amends and supplements Point c, Clause 2, Article 6 of Decree No. 120/2020/ND-CP dated October 7, 2020 of the Government regulating the establishment, reorganization and dissolution of public service units.

Accordingly, for public service units that partially self-insure regular expenses, public service units whose regular expenses are guaranteed by the state budget:

The number of deputies of units under the organizational structure of ministries and ministerial-level agencies is arranged on average not to exceed 3 people per unit.

Units specified in Point a, Clause 1 (except for units under the organizational structure of ministries and ministerial-level agencies), Clause 2 and Point a, Clause 4, Article 2 of this Decree with 20 or fewer civil servants shall be arranged with no more than 2 deputies; units with more than 20 civil servants shall be arranged with no more than 3 deputies.

Units specified in Points b, c, d, dd, Clause 1, Clause 3, Points b, c, d, Clause 4 and Clause 5, Article 2 of this Decree shall be arranged with no more than 2 deputy heads. For hospitals of grade I or higher; health service units performing the task of disease control and prevention at provincial level of grade I or higher; general schools with many levels of education with a scale of 40 classes or more shall be arranged with no more than 3 deputy heads.