Joint Circular No. 02/2008/TTLT-BTNMT-BNV guiding the implementation of the self-management and self-responsibility regime regarding task performance, organizational structure, and staffing for public service units under the natural resources and environment sector.

JOINT CIRCULAR

Guidelines for Implementing the System of Self-Governance and Accountability in Fulfilling Tasks, Organizational Structure, and Staffing for Public Service Units under the Natural Resources and Environment Sector

Pursuant to Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government stipulating the rights to self-governance and accountability in fulfilling tasks, organizational structure, staffing, and finance for public service units, after coordinating with the Ministry of Finance, the Ministry of Natural Resources and Environment, and the Ministry of Home Affairs, we hereby provide guidelines for implementing certain provisions of Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government as follows:

I. SCOPE AND OBJECTS REGULATED

1. These Circulars guide the implementation of the right to self-governance and accountability in fulfilling tasks, organizational structure, staffing, management, and utilization of cadres and civil servants for public service units under the natural resources and environment sector (economic public service units, environmental public service units) that have legal personality, seals, and separate bank accounts, established by competent state management authorities, including:

a) Public service units under the direct management of the Ministry of Natural Resources and Environment (directly under the Ministry or directly under the Departments, General Departments, public service units directly under the Ministry of Natural Resources and Environment, except for public service units mentioned in Clause 2, Section I of this Circular);

b) Public service units directly under Provincial Departments of Natural Resources and Environment (hereinafter referred to collectively as provincial level);

c) Land Development Centers directly under Provincial People's Committees (if any).

2. Other public service units under the natural resources and environment sector shall implement the right to self-governance and accountability according to guidelines provided in other documents of competent state management authorities:

a) Scientific and technological organizations in the natural resources and environment sector shall implement according to Decree No. 115/2005/NĐ-CP dated September 5, 2005 of the Government stipulating the mechanism of self-governance and accountability for public scientific and technological organizations;

b) Educational and training public service units in the natural resources and environment sector shall implement according to guidelines of the Ministry of Education and Training;

c) Health care public service units in the natural resources and environment sector shall implement according to Circular No. 02/2008/TTLT-BYT-BNV dated January 24, 2008 of the Ministry of Health guiding the implementation of certain provisions of Decree No. 43/2006/NĐ-CP dated June 25, 2006 of the Government stipulating the rights to self-governance and accountability in fulfilling tasks, organizational structure, staffing, and finance for public service units in the health sector.

II. IMPLEMENTATION OF TASKS

1. Establishment, Management, and Implementation of Programs and Plans

Based on long-term programs and plans of public service units approved by competent authorities, the head of the unit may:

a) Approve annual activity plans and report to the competent authority as prescribed by law;

b) Decide on specific measures and be responsible for organizing the implementation of tasks assigned or contracted by the State;

c) Organize appropriate service activities consistent with the unit’s expertise, capacity, and in accordance with legal regulations;

d) The public service unit shall ensure its own operating costs, and if it guarantees part of the operating costs, it can decide to purchase assets, invest in building physical facilities from the development fund for public services, raised capital, according to the planning approved by the competent authority; participate in bidding for service activities consistent with the unit’s expertise.

The preparation of budgets, accounting records, and final reports on funds used to implement the plan of public service units shall be carried out in accordance with legal regulations and guidance from the Ministry of Finance.

2. Joint Ventures and Collaborations in Service Activities

a) Public service units that ensure all or part of their regular operating costs may independently engage in joint ventures and collaborations with organizations and individuals to conduct service activities meeting social needs, consistent with the unit’s capabilities and expertise, and not contrary to legal regulations;

b) Public service units whose regular operating costs are fully covered by the state budget, if they have the conditions and capability to perform some public services, and if joint ventures or collaborations are necessary to upgrade infrastructure, develop human resources, and improve service quality, must prepare proposals for review and resolution by the immediate superior management authority within its jurisdiction.

During the provision of public services, public service units must be responsible for the confidentiality, management, and use of information and materials serving state administration in accordance with legal regulations.

3. International Cooperation

a) For public service units under the direct management of the Ministry of Natural Resources and Environment, and Land Development Centers under the direct management of Provincial People's Committees, the heads of these units may:

- Approve plans for outbound and inbound delegations funded by the unit's own funds in accordance with legal regulations;

- Decide on organizing outbound delegations, directly inviting foreign partners and experts to work, exchange, and participate in projects, programs, and research topics of the unit according to the分级翻译如下：

- Determine the hiring and salary levels for foreign experts based on the unit's funding sources and financial capacity; manage ODA technical assistance programs and ODA investment programs assigned according to the division of responsibilities of the Ministry of Natural Resources and Environment and Provincial People's Committees;

b) For public service units (level III budget) under state agencies, and public service units (level II budget) under the Ministry of Natural Resources and Environment, which self-fund all or part of their operational costs, the implementation of ODA programs must be within the scope of tasks and powers delegated by the competent authority in accordance with legal regulations;

c) Public service units not covered by points a and b of Clause 3, Section II of this Circular shall carry out international cooperation tasks assigned by the immediate superior management authority within its jurisdiction in accordance with legal regulations.

III. ORGANIZATION STRUCTURE AND STAFFING ESTABLISHMENT

III. ORGANIZATIONAL STRUCTURE AND STAFFING

a) The head of public service units as prescribed with functions, tasks, powers, organizational structure, and approved Charter of affiliated organizations (if any) shall be responsible for approving the organizational and operational charter of such organizations and units.

b) For public service units under the management of the Ministry of Natural Resources and Environment that self-fund all or part of their regular operating expenses, the head of the unit may decide to establish, reorganize, or dissolve subordinate public service units that self-fund their regular operating costs to provide services consistent with their assigned functions and tasks and the self-management and responsibility scheme approved by the competent authority.

c) For public service units not covered by point b, Clause 1, Section III of this Circular, the implementation of tasks related to organizational structures shall be delegated by the direct supervisory authority according to its jurisdiction.

d) For public service units transitioning to a business model or non-state service institutions, the head of the unit must prepare a proposal to submit to the competent authority for examination and decision-making according to the prescribed procedures and implement relevant systems and policies as stipulated by law.

2. Public Service Staffing

a) For public service units that self-fund their regular operating expenses, the head of the unit may decide on the staffing of the unit.

b) For public service units that self-fund part of their regular operating expenses or whose entire operating costs are guaranteed by the state budget, based on the assigned functions and tasks, actual work needs, staffing standards, and financial capacity of the unit, the head of the unit shall develop a staffing plan and submit it for approval by the direct supervisory authority according to its jurisdiction.

c) The head of the unit may decide to enter into contracts for hiring or outsourcing work for tasks that do not require permanent staffing; sign contracts and other forms of cooperation with experts and scientists to meet the professional requirements of the unit.

IV. RECRUITMENT, PROMOTION TO RANKS, AND TRANSFER OF RANKS FOR FUNCTIONAL OFFICERS

1. Recruitment

a) For public service units under the Ministry of Natural Resources and Environment, provincial Land Development Centers, and other public service units that fully self-fund their regular operating expenses, the head of the unit may decide on recruitment through competitive examinations or selection processes; organize the recruitment of cadres and civil servants within their management authority based on the recruitment plans approved by the direct supervisory authority.

b) For public service units that partially self-fund their operating expenses or whose entire operating costs are guaranteed by the state budget, the head of the unit must submit to the direct supervisory authority for decisions on recruitment through competitive examinations or selection processes, but may proactively organize the recruitment of cadres and civil servants within their management authority according to the law.

Specifically, for Meteorological and Hydrological Stations under the National Meteorological and Hydrological Center, the Director may decide on recruitment through competitive examinations or selection processes and organize the recruitment of cadres and civil servants at the level of Assistant Officer and below based on the recruitment plans approved by the National Meteorological and Hydrological Center.

2. Promotion to Ranks, Rank Advancement, and Rank Transfer

a) For public service units under the Ministry of Natural Resources and Environment, the head of the unit may decide on promotion to ranks, rank advancement, and rank transfer for officers at the level of Assistant Officer and below (in cases where there are third-level budget units under the unit, then only for officers at the level of Assistant Officer in those third-level budget units).

In cases of promotion to ranks, rank advancement, and rank transfer for officers at the level of Senior Specialist Officer and above, such decisions must be submitted to the Minister of Natural Resources and Environment for decision-making according to jurisdiction or to the competent state agency for decision-making as required by law.

b) For public service units (third-level budget) under state agencies, and public service units (second-level budget) under the Ministry of Natural Resources and Environment, the head of the unit may decide on promotion to ranks, rank advancement, and rank transfer for officers at the level of Specialist Officer and below.

In cases of promotion to ranks, rank advancement, and rank transfer for officers at the level of Senior Specialist Officer, such decisions must be submitted to the direct supervisory authority for decision-making.

c) For Land Development Centers under provincial People's Committees, the Director of the Center may decide on promotion to ranks, rank advancement, and rank transfer for officers at the level of Senior Specialist Officer and below.

For public service units under Provincial Departments of Natural Resources and Environment, the head of the unit may decide on promotion to ranks, rank advancement, and rank transfer for officers according to the delegation of the provincial People's Committee.

In cases of promotion to ranks, rank advancement, and rank transfer for officers at the level of Senior Specialist Officer, the head of the unit must submit to the provincial People's Committee for a written request to the competent state agency for decision-making as required by law.

d) The promotion to ranks, rank transfer, and rank advancement of heads and deputy heads of public service units as specified in points a, b, and c, Clause 3, Section IV of this Circular shall be decided by the direct supervisory authority (specifically, for those holding the rank equivalent to Senior Specialist Officer, the decision must be made by the competent authority as required by law).

V. SALARY INCREASE, RETIREMENT, DISMISSAL, DISCIPLINARY ACTION, TRAINING, AND STAFF DEVELOPMENT

1. Salary Increase

a) For public service units under the Ministry of Natural Resources and Environment and Land Development Centers under provincial People's Committees, the head of the unit may decide on timely salary increases for officers at the level of Assistant Officer and below.

In cases of salary increases for officers at the level of Senior Specialist Officer, such decisions must be submitted to the Minister of Natural Resources and Environment or the Chairman of the provincial People's Committee for decision-making.

b) For state-owned units (level III budget), state-owned units under the Ministry of Natural Resources and Environment, and state-owned units under the Department of Natural Resources and Environment, the head has the authority to decide on timely and early promotion of staff at the equivalent rank of assistant specialist and below.

In cases of timely and early promotion for staff at the equivalent rank of senior specialist and above, it must be submitted to the immediate superior management agency for decision within its jurisdiction or proposed to the competent authority for consideration and decision.

The promotion of the head and deputy heads of state-owned units as stipulated in points a and b, Clause 1, Section V of this Circular shall be decided by the immediate superior management agency (except for promotions of those holding the equivalent rank of senior specialist, which must be decided by the competent authority according to the分级管理权限 of the Ministry of Natural Resources and Environment and provincial People's Committees).

2. Recruitment, transfer, secondment, retirement, resignation

a) The head of state-owned units has the authority to decide:

- Recruitment of cadres and staff from outside the unit for work (excluding recruitment for appointment to the position of head or deputy head of the unit, which must be decided by the immediate superior management agency);

- Transfer and secondment of cadres and staff within the unit in accordance with the provisions of the law;

- Resignation and retirement of cadres and staff within the unit at ranks within the scope of the appointment authority; for cadres and staff holding ranks not within the appointment authority, decisions on resignation and retirement must be made by the competent authority in accordance with the provisions of the law.

State-owned units are responsible for establishing social insurance books and handling retirement and resignation benefits for cadres and staff within their units according to the分级管理权限 and the provisions of the law.

b) Transfers, secondments, retirements, and resignations of heads and deputy heads of state-owned units shall be decided by the immediate superior management agency or submitted to the competent authority for decision according to the分级管理权限 for cadre management.

3. Disciplinary Actions

The head of a state-owned unit who has the authority to sign initial employment contracts, employment contracts, and labor contracts may decide on disciplinary actions against staff within the unit through reprimands, warnings, demotions in pay grade, demotions in rank, and forced resignation in accordance with the provisions of the law (except that decisions on disciplinary actions involving demotion in rank and forced resignation of staff appointed by higher authorities must be preceded by a written request for review and agreement from that level before making the decision).

4. Appointment, Removal, Resignation, and Dismissal from Office

a) The head of state-owned units under the management of the Ministry of Natural Resources and Environment decides on appointments, reappointments, removals, resignations, and dismissals from office of leadership positions in subordinate organizations and units according to the分级管理权限 of the Minister of Natural Resources and Environment;

b) Land Development Centers under provincial People's Committees, and the head of state-owned units under the Department of Natural Resources and Environment decide on appointments, reappointments, removals, resignations, and dismissals from office of leadership positions in subordinate organizations and units according to the分级管理权限 of provincial People's Committees.

5. Training, Development, and Overseas Assignments

a) The head of a state-owned unit has the authority to:

- Approve annual training and development plans using the unit's own funds;

- Organize the implementation of annual training and development plans using state budget funds allocated by the immediate superior management agency;

- Decide on sending staff (from deputy level and below) for training and development domestically. In cases of sending the head of the unit for domestic training and development, it must be submitted to the immediate superior management agency with the appropriate authority for decision;

b) For state-owned units under the Ministry of Natural Resources and Environment, and Land Development Centers under provincial People's Committees, in addition to the powers mentioned in point a, Clause 5, the head of the unit also has the authority to decide on sending cadres and staff for overseas assignments and study.

The decision to send heads and deputies of state-owned units for overseas assignments and study by these entities must be submitted to the head of the immediate superior management agency with the appropriate authority for decision.

VI. RESPONSIBILITIES OF THE HEAD OF A STATE-OWNED UNIT

1. The head of a state-owned unit is the legal representative of the unit in relations with organizations and individuals; is responsible for the activities of the unit within the scope of the granted authority and responsibility.

2. The head of a state-owned unit is responsible for fully implementing regular reporting systems and submitting reports as required by the immediate superior management agency regarding the activities of the unit; submitting written reports to the immediate superior management agency for comments when there is disagreement among the Party Committee and the Trade Union Executive Committee at the same level before making a decision.

3. The head of a state-owned unit is responsible for coordinating with the Party Committee and the Trade Union Executive Committee at the same level on the following matters:

a) Reporting to the Party Committee at the same level before deciding or submitting to the competent authority for decision on issues such as: the charter of organization and operation, working regulations, democratic regulations of the agency, internal expenditure regulations of the unit; establishment, restructuring, dissolution of subordinate organizations and units; appointments, reappointments, resignations, removals, and disciplinary actions of leadership positions within the authority; personnel deployment plans in the unit; long-term programs and annual activity plans (if any);

b) Coordinating with the Trade Union Executive Committee at the same level to organize annual staff meetings in accordance with regulations. Seeking opinions from the Trade Union Executive Committee at the same level on decisions regarding: internal expenditure regulations; democratic regulations of the agency; working regulations; reward and punishment regulations; regulations on recruitment and use of cadres, staff, and workers; joint venture and cooperation plans; credit borrowing and investment support plans;

c) Solicit opinions at the staff congress or from key leaders of the unit before deciding or submitting to the competent authority for decision on the following issues: long-term development programs, five-year plans, and annual plans; labor restructuring schemes; regulations on grassroots democracy within the agency; internal expenditure regulations.

VII. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette;

2. The heads of public service units specified in this Circular shall implement the following tasks:

a) Disseminate and ensure understanding of Decree No. 43/2006/NĐ-CP and related implementation guidelines within the unit; unify leadership, Party committees, and trade union organizations regarding policies, measures, and directions for the development of the unit;

b) Develop a proposal to implement the self-management and self-responsibility system for a minimum period of three years; submit it to the direct superior management body for approval;

c) Issue internal regulations (including: working regulations; internal expenditure regulations; recruitment and personnel management regulations; and other relevant regulations) within their authority to ensure the implementation of the self-management and self-responsibility system in accordance with the approved self-management and self-responsibility plan and the organizational charter and operational rules of the unit;

3. The direct superior management body of public service units implementing the self-management and self-responsibility system shall be responsible for:

a) Approving the proposal to implement the self-management and self-responsibility system and the organizational charter and operational rules of the public service unit within fifteen days from the date of receipt of a suitable plan;

b) Guide and urge the construction of proposals to implement the self-management and self-responsibility system, organizational charters and operational rules, and related regulations of public service units; inspect the implementation of approved proposals and charters;

c) Carry out the tasks and powers stipulated in this Circular and according to specific delegation by the Ministry of Natural Resources and Environment or the provincial People's Committee in managing the self-management and self-responsibility rights of subordinate public service units;

4. Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees shall direct the organization and implementation of this Circular; organize evaluations of its implementation and report to the Ministry of Natural Resources and Environment, the Ministry of Home Affairs, and the Ministry of Finance before December 31 each year. Any difficulties encountered during implementation should be promptly reported to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs for consideration and resolution.

Any difficulties encountered during implementation should be promptly reported to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs for consideration and resolution.