The Macau government has drawn up a new administrative regulation governing the setting-up and organisational structures of public entities, formally imposing ceilings on the number of leadership positions, departments and divisions in a bureau, or a bureau-level entity, as well as listing restrictions on the establishment of a new public entity.
Bureaus are the top-level administrative entities of the local government. While bureaus consist of departments, the latter consist of divisions. However, in some cases, divisions can be directly under a bureau.
Leadership positions of a bureau refer to the director (or president) and deputy director(s) (or vice-presidents).
Government-drafted administration regulations, aka by-laws, do not require the legislature’s approval.
Secretary for Administration and Justice André Cheong Weng Chon, also the spokesman for the government’s top advisory Executive Council, made the announcement during a press conference at Government Headquarters on Friday.
The new administration regulation announced on Friday will take effect on the day after its promulgation in the Official Gazette (BO).
Chief Executive Sam Hou Fai has appointed Cheong as a member of the new term of the Legislative Assembly (AL), which will start on Thursday this week. The press conference on Friday last week was the last one that Cheong chaired in his capacity as the spokesman for the government’s Executive Council.
The new administration regulation will replace the current decree law regulating the matter, which was promulgated in 1984 when Macau was still under temporary Portuguese administration.
During Friday’s press conference, Cheong said that with the aim of advancing public administration reform, further streamlining government structure, and enhancing government efficiency, it was necessary for the local government to conduct a comprehensive review of Decree Law 85/84/M regulating the organisational structures of public entities, which has been in force for over 40 years.
After its review of the decree law, Cheong said, the government has drawn up the new administrative regulation, which will serve as the mandatory legal basis for the restructuring of public entities in the future, in compliance with the guidelines and objectives laid out by the Leadership Group for Public Administration Reform, which was set up by Sam early this year, as well as Macau’s current situation.
According to Cheong, the new administrative regulation lists fundamental principles that must be observed in the establishment of new public entities and the restructuring of existing public entities.
The administrative regulation designates the Public Administration and Civil Service Bureau (SAFP) as the public entity to be tasked with monitoring, coordinating and evaluating the government’s restructuring of public entities in compliance with the provisions listed in the administrative regulation, as well as overseeing the regulation’s implementation.
Moreover, Cheong said, the administrative regulation also lists various criteria and requirements for the establishment of new public entities, the organisational structures of public entities, and their staff allocation.
Concerning the establishment of public entities, Cheong said, the administrative regulation expressly stipulates that the government can only establish a new public entity when new functions and duties have arisen and it will be difficult for the government to exercise them through amendments to the organisational structures of existing public entities.
Consequently, Cheong noted, the new administrative regulation, after it comes into force, will impose restrictions on the government’s establishment of new public entities and clearly define them.
Concerning the organisational structures of public entities, Cheong said, the administrative regulation lists principles for the setting-up of departments and divisions in a bureau, or a bureau-level entity, including the principle of rational division of labour and procedure management.
According to the new administrative regulation, functions and duties of a similar nature must be performed within the same subunit, namely a department or division, of a bureau. Departments will be tasked with pursuing the policy objectives and core functions of the respective bureaus, while divisions can only be set up in a department when necessary.
However, according to the regulation, a subunit to perform the functions and duties of providing administrative or technical support to the respective bureau, such as administrative affairs, personnel, finance, information technology, legal affairs, and public relations, can only be set up as a division-level one.
According to Cheong, the administrative regulation also sets the ceiling on the number of leadership positions, departments and divisions in a bureau.
A bureau with fewer than 200 personnel, according to the regulation, can only comprise up to two leadership positions, two departments, and four divisions, while a bureau with between 200 and 1,000 personnel can only comprise up to three leadership positions, six departments, and 12 divisions.
A bureau with over 1,000 personnel can only comprise up to four leadership positions, eight departments, and 16 divisions.
In addition, the administrative regulation also improves the provisions governing the structures of project teams, autonomous funds and consultative bodies, expressly stipulating that they do not constitute any subunit.
Also addressing the press conference, SAFP Director Leong Weng In said after the new administrative regulation takes effect, the government will start reviewing the existing functions, duties and organisational structure of every public entity in compliance with the provisions listed in the regulation. She said that the government aims to complete its reviews of all public entities in three years.
The government will then amend the organisational structures of the respective bureaus, or merge them, in compliance with the results of its review process.
Leong also said that according to the definitions listed in the new administrative regulation, the local government should comprise 47 bureaus or bureau-level entities. She did not mention the current number of public entities.
Govt to axe Printing Bureau
Meanwhile, Cheong also announced that the Printing Bureau (IO) will be merged into the Legal Affairs Bureau (DSAJ) from October 31.
Currently, the Printing Bureau is tasked with publishing the Official Gazette (BO) as well as government publications.
After the merger, the Legal Affairs Bureau will take over the functions currently carried out by the Printing Bureau, while continuing with its current functions such as conducting research in improving Macau’s legal system, drafting legislation, coordinating legislative drafting by different public entities, and law popularisation.
Secretary for Administration and Justice André Cheong Weng Chon speaks during Friday’s Executive Council press conference at Government Headquarters. – Photo courtesy of TDM
