Appraisal for Reorganization of Public Administrative Units under Commune-level Jurisdiction

The Appraisal for Reorganization of Public Administrative Units under Commune-level Jurisdiction under the decision-making authority of the Commune-level People’s Committee is carried out based on specific criteria regarding network planning and financial autonomy. This procedure requires strict adherence to regulations. This article summarizes current regulations and provides specific instructions.

Conditions for reorganizing public non-business units

Based on Clause 2, Article 5 of Decree No. 120/2020/ND-CP (supplemented by Clause 1, Article 14 of Decree No. 283/2025/ND-CP), reorganization must meet at least one of the following conditions:

1. Function Adjustment: Adjustment of functions, tasks, and powers to align with national sector planning or the planning of the public administrative unit network; ensuring improved efficiency and meeting minimum staff requirements.
2. Non-compliance: The unit no longer meets the criteria for establishing a public administrative unit as prescribed by law.
3. Financial Autonomy: Reorganization must not reduce the unit’s existing financial autonomy. In case of merging units with different autonomy levels, the new level is determined by the competent authority’s decision.
4. Overseas Units: For overseas units, reorganization must meet one of the above conditions and align with foreign policy and agreements between Vietnam and the host country.

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The competent authority is responsible for evaluating the reorganization of public non-business units.

According to Decision No. 1378/QD-BNV, the authority competent to perform the appraisal is the specialized agency advising on organizational machinery management under the Commune-level People’s Committee.

• Function: This agency receives dossiers, checks validity, and issues an appraisal document, which serves as the basis for the Commune People’s Committee to make the final decision.

Required Dossier for the assessment of the reorganization of public non-business units under the authority of the People’s Committee at the commune level.

According to Decision No. 1378/QD-BNV, the dossier includes:

1. Request Document: Signed and sealed by the requesting agency/organization.
2. Draft Reorganization Project: Detailed plan for reorganization.
3. Draft Proposal (Tờ trình): Proposal for the reorganization.
4. Draft Decision: Draft decision of the Commune People’s Committee on the reorganization.

Procedures for evaluating the reorganization of public non-business units under the authority of the People’s Committee at the commune level.

Step 1: Submission The requesting agency sends the dossier to the specialized agency under the Commune-level People’s Committee (Directly, via post, or online).

Step 2: Receipt and Check Specialized officials check the completeness and validity.

• Incomplete: Return with guidance.
• Complete: Accept and proceed to appraisal.

Step 3: Appraisal The specialized agency appraises the contents of the Project and Proposal. Explanations may be requested during this phase.

Step 4: Issuance of Appraisal Document The agency issues an Appraisal Document containing recommendations for the Commune People’s Committee.

• Time limit: 10 days from receiving a complete and valid dossier.

>>> See more: Business legal appraisal report in Vietnam and notes

Long Phan Consulting provides consulting services on procedures for evaluating the reorganization of public non-business units under the authority of the People’s Committee at the commune level.

Long Phan Consulting Company provides comprehensive support:

• Consulting: Assessing dossier and reorganization conditions.
• Preparation: Assisting in drafting the Project, Proposal, and Decision.
• Representation: Submitting dossiers and working with the agency.
• Monitoring: Tracking progress and handling explanations.

Frequently Asked Questions

Below, Long Phan Consulting provides some frequently asked questions related to the procedures for evaluating the reorganization of public non-profit units under the authority of the People’s Committee at the commune level. We invite interested clients to refer to this information:

Is there a fee?

No. This is an internal administrative procedure with no fees. (Legal Basis: Decision No. 1378/QD-BNV).

How is financial autonomy determined upon merger?

If merging units with different autonomy levels, the new level is not automatic but determined by the competent authority’s decision based on the approved financial plan. (Legal Basis: Point c, Clause 2, Article 5, Decree 120/2020/ND-CP).

Is the minimum of 15 employees mandatory for all?

No. Exceptions apply to units providing basic/essential public services or units fully covering recurrent (and investment) expenditures. (Legal Basis: Article 5, Decree 120/2020/ND-CP).

What is the basis for function adjustment?

Adjustments must align with national sector planning or the public administrative unit network planning approved by competent authorities. (Legal Basis: Point a, Clause 2, Article 5, Decree 120/2020/ND-CP).

Conclusion

The Appraisal for Reorganization of Public Administrative Units requires careful planning regarding networks and finance. Please contact Long Phan Consulting Company via Hotline 1900636389  for professional support.