Circular No. 01/2016/TT-BNV guiding certain contents of Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units.

CIRCULAR

Guidelines on certain contents of N |||Decree No. 04/2015/NĐ-CP

dated January 09, 2015 of the Government on implementing democracy inCthe operations of administrative state agencies and public service units Article 2 is amended as follows:

artisticDecree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

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On the basis of Pursuant to the proposal of the Director of the General Department, Ministry of Home Affairs;1The Minister of Home Affairs issues this Circular guiding certain contents of Decree No. 04/2015/NĐ-CP dated January 09, 2015 of the Government on implementing democracy in the operations of administrative state agencies and public service units.

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

This Circular guides certain contents of Decree No. 04/2015/NĐ-CP dated January 09, 2015 of the Government on implementing democracy in the operations of administrative state agencies and public service units (hereinafter referred to as Decree No. 04/2015/NĐ-CP), including: Organizing staff meetings; building and implementing regulations on democracy in the operations of agencies and units; regular reporting system.

This Circular applies to officials, civil servants, public employees (hereinafter referred to as officials, civil servants, and public employees) working in administrative state agencies and public service units (hereinafter referred to as Agencies and Units) as prescribed in Clause 2, Article 1 of Decree No. 04/2015/NĐ-CP.ướArticle 2. Principles for organizing meetings

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1. Staff meetings (hereinafter referred to as meetings) are direct democratic forms through which officials, civil servants, and public employees participate in management and build clean and strong agencies and units.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2. Meetings shall be organized democratically and practically, ensuring the contents stipulated in Article 5 of Decree No. 04/2015/NĐ-CP.

3. A meeting is considered valid when at least two-thirds of the officials, civil servants, and public employees of the agency or unit, or at least two-thirds of the invited representatives, are present. Resolutions and decisions of the meeting are adopted when more than half of the attendees agree and the content does not contravene the law.

Article 3. Forms of meetings

1. Regular meetings: Held once a year at the end of the year.

For educational and training institutions, such meetings may be held at the end of the academic year to suit the specific characteristics of the sector.

2. Extraordinary meetings: Held when one-third of the officials, civil servants, and public employees of the agency or unit, or the Trade Union Committee of the agency or unit requests, or when the head of the agency or unit deems it necessary.

Article 4. Participants in meetings

1. For agencies and units with a total of 200 officials, civil servants, and public employees or less: All officials, civil servants, and public employees attend the meeting.

2. For agencies and units with more than 200 officials, civil servants, and public employees, or with 200 or fewer but working in dispersed areas or due to business reasons cannot leave their posts: The head of the agency or unit, in consultation with the Trade Union of the agency or unit, decides on the participants in the meeting, either all officials, civil servants, and public employees or delegates as stipulated in Article 5 of this Circular, in accordance with the specific circumstances of the agency or unit.

3. For ministries and agencies equivalent to ministries, when holding meetings, they may invite the heads and representatives of the Trade Union Committees of subordinate agencies and units at the bureau, general department level, and equivalent levels if necessary.

1. For agencies and units with a total number of officials, civil servants, and public employees from 200 persons or less: All officials, civil servants, and public employees shall attend the conference.

2. For agencies and units with a total number of officials, civil servants, and public employees exceeding 200 persons; or with 200 persons or less but working in dispersed areas over a wide geographic region or due to professional reasons cannot leave their posts: The head of the agency or unit shall unify with the trade union of the agency or unit to decide on the participants in the conference, which may be all officials, civil servants, and public employees or representatives in accordance with Article 5 of this Circular, as appropriate for the characteristics and circumstances of the agency or unit.

3. For ministries and agencies at the ministerial level, when organizing conferences, they may invite the heads and representatives of the Trade Union Executive Committees of subordinate agencies and units at the bureau, general department, and equivalent levels if necessary.

Article 5. Automatic delegates and elected delegates to attend the conference

1. Automatic delegates are representatives of the conference organizing level, including: The head, deputy heads of the head, Secretary of the Party Committee, Chairman of the Trade Union, Head of the People's Inspectorate, Chairman of the Association of Former Combatants (if any), Secretary of the Ho Chi Minh Communist Youth Union (if any), Head of Women's Affairs Office or responsible staff for women's affairs.

2. The election of delegates to attend the conference shall be conducted at the conference of units under the agency or unit through voting or secret ballot as decided by the conference by majority. The successful candidate must receive more than 50% of the total number of attendees and be selected according to the principle from highest to lowest until the required number of delegates is reached.

3. The head of the agency or unit shall coordinate with the trade union of the agency or unit to determine the number of delegates attending the conference ensuring the following minimum number:

a) For agencies or units with a total number of officials, civil servants, and employees ranging from over 200 to 300 people; or having 200 people or less but working in dispersed areas or due to business reasons cannot leave their posts: Electing at least 1/3 of the officials, civil servants, and employees of the agency or unit as delegates to attend the conference.

b) For agencies or units with a total number of officials, civil servants, and employees exceeding 300 people: In addition to the minimum number of delegates required to be elected as stipulated in Point a Clause 3 of this Article, elect at least one additional delegate for every ten people starting from the 301st person.

Article 6. Preparing the conference

1. Preliminary meeting

a) The head of the agency or unit convenes a preliminary meeting to unify policies, approve plans, goals, and contents of the conference; estimate the time for organizing the conference; estimate the number of delegates to be convened and allocate to each unit ensuring fair and reasonable composition if it is a conference calling for delegates.

Participants include representatives of the conference organizing level, including: The head, Secretary of the Party Committee, Chairman of the Trade Union, heads of some related units.

b) The head of the agency or unit prepares the following documents and reports:

Report on the implementation of resolutions, policies, and laws related to the functions and tasks of the agency or unit; report on the implementation of previous conference resolutions and regulations on democratic practices within the agency or unit; evaluation, summary, and accountability of the head of the agency or unit in implementing the annual work plan.

c) The Executive Board of the Trade Union of the agency or unit prepares the following documents and reports:

Summary of the competition movement; content for commendation and proposed content for the next year's competition movement; draft agreement on competition; report on the activities of the People's Inspectorate and the program of work and activities of the inspectorate for the next year; proposed personnel for election or supplementary election of members of the People's Inspectorate as prescribed by law (if applicable).

d) In addition to the documents and reports mentioned in Points b and c of this Clause, the head of the agency or unit coordinates with the Trade Union of the agency or unit to decide on the contents to be disclosed at the conference or the contents to be solicited from officials, civil servants, and employees at the conference as stipulated in Articles 7 and 9 of Decree No. 04/2015/NĐ-CP.

2. Soliciting opinions from key officials and convening the conference

a) Content for solicitation: Estimated number of delegates to be convened and allocated to units, time for organizing the conference, and draft documents and reports mentioned in Point b, c of Clause 1 of this Article.

b) Participants for solicitation include representatives of the conference organizing level, including: The head, deputy heads of the head, Standing Committee of the Trade Union (or Executive Board of the Trade Union if there is no Standing Committee of the Trade Union), Secretary of the Party Committee, Chairman of the Association of Former Combatants (if any), Secretary of the Ho Chi Minh Communist Youth Union (if any), Head of the People's Inspectorate, Head of Women's Affairs Office or responsible staff for women's affairs, heads of units under the agency or unit.

c) The head of the agency or unit coordinates with the Trade Union of the agency or unit to compile, incorporate opinions, and finalize draft documents and reports for solicitation at the conference of units as stipulated in Clause 3 of this Article; decides to convene the conference.

3. Conducting the conference at units under the agency or unit

The heads of units under the agency or unit preside and coordinate with the Chairman of the Trade Union at the same level to organize the conference at their own unit to summarize and evaluate the results of task completion in the year, directions for the next year's tasks; implementation of regulations on democratic practices at the unit; discussion and provide opinions on draft documents and reports sent for solicitation; elect delegates to the agency or unit conference; assess commendations; make recommendations and proposals.

4. The head of the agency or unit and the Trade Union of the agency or unit base on the results of the conference in Clause 3 of this Article to compile opinions, complete documents and reports to be presented at the agency or unit conference.

Article 7. Organizing the conference

1. Conference chairmanship and conference secretary

a) The conference chairmanship consists of the head of the agency/unit and the Chairman of the agency/unit trade union. Depending on the nature and necessary requirements, the conference chairmanship may include the Secretary of the agency/unit Party Committee.

In cases where the head of the agency/unit or the Chairman of the agency/unit trade union is currently serving a disciplinary sanction from reprimand upwards, the leadership collective of the agency/unit or the Trade Union Executive Board (or the Trade Union Central Committee if there is no Trade Union Executive Board) shall appoint a representative to join the conference chairmanship.

b) The conference secretary is appointed by the conference chairmanship and performs tasks assigned by the conference chairmanship.

2. Content of the conference

a) The head of the agency/unit and the Chairman of the agency/unit trade union present documents and reports according to the division of labor specified at Points b, c, d, Clause 1, Article 6 of this Circular.

b) Officials, civil servants, and public employees attending the conference discuss the documents and reports; propose recommendations (if any).

c) The head and the Chairman of the trade union answer questions and recommendations of officials, civil servants, and public employees regarding matters within their authority; discuss measures to improve working conditions and enhance the living standards of officials, civil servants, and public employees in the agency/unit.

d) The Head of the People's Inspectorate presents the report on the activities of the People's Inspectorate in the year and the work program for the following year.

đ) Elect new members or strengthen the People's Inspectorate (if applicable).

e) Approve the internal expenditure regulations of the agency/unit (if applicable).

g) Organize awards for individuals and groups of the agency/unit with outstanding achievements in work; launch a competitive movement.

h) Sign a competition agreement between the head of the agency/unit and the trade union organization.

i) Approve the conference resolution.

3. The conference organizing expenses are allocated from the regular operating budget of the agency/unit.

Article 8. Implementation of the conference resolution

1. The head of the agency/unit collaborates with the agency/unit trade union to disseminate, guide, and urge the implementation of the conference resolution; appoint a liaison to coordinate, monitor, and promptly address any issues arising during the implementation process.

2. Every six months, the head of the agency/unit collaborates with the agency/unit trade union to organize inspections and evaluations of the implementation results of the conference resolution; inform the inspection and evaluation results to all officials, civil servants, and public employees in the agency/unit.

Article 9. Organizing extraordinary conferences

1. The head of the agency/unit chairs and collaborates with the agency/unit trade union to decide on convening an extraordinary conference no later than fifteen days from the date of receiving the request to convene an extraordinary conference as stipulated in Clause 2, Article 3 of this Circular.

2. Participants in the extraordinary conference include officials, civil servants, and public employees who attended the previous regular annual conference and were present at the time of convening the extraordinary conference, and other participants decided jointly by the head of the agency/unit and the Chairman of the agency/unit trade union.

3. The extraordinary conference discusses and decides on issues requested and proposed by collectives and individuals. The preparation, organization of the conference, and implementation of the conference resolution follow the provisions of Articles 6, 7, and 8 of this Circular, adapted to the issues that need to be resolved.

Article 10. Holding meetings at communes, wards, towns

1. The participants in the meeting include cadres and civil servants at the commune level as prescribed by law.

2. The Chairman of the People's Committee of the commune, ward, or town shall preside over the organization of the meeting in accordance with Articles 6, 7, and 8 of this Circular, in line with the specific circumstances of the commune, ward, or town.

Article 11. Building and implementing the Democratic Regulations in the activities of agencies and units

1. Based on the provisions of Decree No. 04/2015/NĐ-CP and the guidance provided in this Circular, the head of the agency or unit shall direct the review, amendment, supplementation, or drafting of new Democratic Regulations for the activities of the agency or unit.

2. The head of the agency or unit shall preside over and coordinate with the trade union of the agency or unit to organize the implementation and regularly monitor and supervise the implementation of the Democratic Regulations in the activities of the agency or unit; report periodically annually to the competent authority on the results of democratic implementation in the activities of the agency or unit in accordance with Article 12 of this Circular.

Article 12. Periodic Reporting System

1. Before January 31 each year, ministries, ministerial-level agencies, government-affiliated agencies, and provincial people's committees under central cities shall submit reports on the implementation of democracy in their respective ministries, sectors, and localities of the previous year to the Ministry of Home Affairs for consolidation and monitoring.

2. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial people's committees under central cities shall guide the reporting system on the implementation of democracy in the activities of subordinate agencies and units.

Article 13. Effective Date

1. This Circular takes effect from March 1, 2016.

2. This Circular replaces Joint Circular No. 09/1998/TTLT-BTCCBCP-TLĐLĐVN dated December 4, 1998, issued by the Government Cadre and Civil Service Organization Board and the Vietnam General Confederation of Labor guiding the organization and content of meetings of cadres and civil servants within agencies.

Article 14. Responsibility for implementation

1. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial people's committees under central cities, and related agencies and units are responsible for enforcing this Circular.

2. Publicly funded agencies and units of the Party, the Vietnam Fatherland Front, political-social organizations, and other state agencies shall apply the provisions of Decree No. 04/2015/NĐ-CP and the guidance provided in this Circular for implementation.

3. In the process of implementing this Circular, if there are any difficulties, agencies and units are requested to promptly reflect them to the Ministry of Home Affairs for study and amendment.