Unifying the authority to establish the Public Administration Service Center

Thống nhất thẩm quyền thành lập Trung tâm Phục vụ hành chính công- Ảnh 1. — Branch of Public Administration Service Center No. 1, Hanoi City - Photo: VGP

Implementing the Law on Organization of Local Government No. 72/2025/QH15 dated June 16, 2025 and Decree No. 118/2025/ND-CP dated June 9, 2025 on implementing administrative procedures under the one-stop and inter-connected one-stop mechanism at the One-stop Department and the National Public Service Portal, 32 provinces and centrally-run cities have organized 3,139 commune-level Public Administration Service Centers.

Hanoi City and Quang Ninh Province organize according to the model of a one-level Public Administration Service Center and organize branches or Public Administration Service Points.

However, through synthesis, there are still some local agencies that have opinions on the authority to establish the Public Administration Service Center.

Faced with that reality, the Government Office has provided specific guidance to help localities unify their understanding and properly implement current legal regulations.

Accordingly, regarding the authority to establish a one-level Public Administration Service Center, a one-level Public Administration Service Center is an administrative organization under the provincial People's Committee. Pursuant to the provisions of Point c, Clause 2, Article 15 and Clause 1, Article 16 of the Law on Organization of Local Government, the provincial People's Committee is responsible for drafting and submitting to the People's Council of the same level for promulgation of a resolution to establish a one-level Public Administration Service Center.

Based on the resolution of the Provincial People's Council, the Provincial People's Committee shall specify the functions, tasks, powers and organizational structure of the one-level Public Administration Service Center as prescribed in Clause 6, Article 16 of the Law on Organization of Local Government and Article 37 of Decree No. 118/2025/ND-CP.

Note that in localities that organize a one-level Public Administration Service Center, a commune-level Public Administration Service Center shall not be organized in accordance with the provisions of Point b, Clause 2, Article 7, Decree No. 118/2025/ND-CP.

Regarding the Commune-level Public Administration Service Center, this is an administrative organization under the Commune-level People's Committee. Pursuant to the provisions of Point a, Clause 2, Article 21 and Clause 1, Article 22 of the Law on Organization of Local Government, the Commune-level People's Committee is responsible for drafting and submitting to the Commune-level People's Council a resolution to establish the Commune-level Public Administration Service Center.

Based on the resolution of the People's Council at the commune level, the People's Committee at the commune level shall specify the functions, tasks and powers of the Commune-level Public Administration Service Center according to the provisions of Clause 5, Article 22 of the Law on Organization of Local Government and Article 37 of Decree No. 118/2025/ND-CP.

Previously, on July 16, 2025, the Government's Steering Committee for the arrangement of administrative units at all levels and the construction of a 2-level local government organization model issued Official Dispatch 14/CV-BCĐ in 2025 on guidance on difficulties and problems when operating the 2-level local government organization model.

According to the Steering Committee, currently the provisions of the Law on Organization of Local Government 2025 and Decree No. 118/2025/ND-CP of the Government on implementing one-stop administrative procedures, one-stop connection at one-stop departments and the national public service portal have different provisions on the authority to establish.

Therefore, the Steering Committee assigned the Ministry of Home Affairs to Preside over and coordinate with relevant ministries and branches to provide specific and clear guidance on the authority to decide on the establishment of Public Administration Service Centers for unified application by localities.

Thu Giang

Source: https://baochinhphu.vn/thong-nhat-tham-quyen-thanh-lap-trung-tam-phuc-vu-hanh-chinh-cong-10225080616070798.htm