SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, August 17, 2006
PROVIDING FOR THE ORDER AND PROCEDURES OF ESTABLISHMENT, REORGANIZATION AND DISSOLUTION OF ADMINISTRATIVE ORGANIZATIONS AND STATE NON-BUSINESS ORGANIZATIONS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Organization of People's Councils and People's Committees;
At the proposal of the Minister of Home Affairs,
Article 1.- Scope of regulation
This Decree provides for responsibilities of agencies proposing, and principles, conditions, order and procedures for, the establishment, reorganization and dissolution of administrative organizations and state non-business organizations (hereinafter collectively referred to as establishment, reorganization and dissolution of organizations).
Article 2.- Subjects of application
1. Subjects of application of this Decree include:
a/ Government-attached agencies;
b/ Administrative organizations and non-business organizations under the Prime Minister's direct management;
c/ Administrative organizations and state non-business organizations under ministries, ministerial-level agencies or government-attached agencies;
d/ Administrative organizations and state non-business organizations under provincial/municipal People's Committees (hereinafter collectively referred to as provincial-level People's Committees);
e/ Administrative organizations and state non-business organizations under People's Committees of rural and urban districts as well as towns and provincial cities (hereinafter collectively referred to as district-level People's Committees).
2. This Decree shall not apply to:
a/ Ministries and ministerial-level agencies;
b/ People's Councils and People's Committees of all levels;
c/ Councils, Committees and Standing or Provisional Boards which assist the Prime Minister, ministers or presidents of provincial-level People's Committees;
d/ State enterprises (including also state non-business organizations within the enterprises' organizational structures);
e/ Associations and non-governmental organizations;
f/ Non-state non-business organizations.
Article 3.- Interpretation of terms
In this Decree, the terms below shall be construed as follows:
1. "Administrative organizations" means organizations which advise on and formulate institutions and policies and implement laws, and operate within the organizational structure of ministries, ministerial-level agencies or government-attached agencies (including departments, general departments, inspectorates, ministry offices and organizations under other names); professional agencies of provincial-level people's committees (including provincial/municipal services, inspectorates, people's committee offices and organizations under other names); and professional agencies of district-level people's committees (including sections, inspectorates, people' committee offices and organizations under other names).
2. "State non-business organizations" means organizations set up and performing state management tasks or providing several public services (including education and training, medical, scientific and technological, culture and information, physical training and sports, labor and social affairs organizations and other non-business organizations).
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