Joint Circular No. 02/2010/TTLT-BTP-BNV guiding the ranking of public service units under the Justice Sector

JOINT CIRCULAR

Guidelines for ranking public service units under the Justice Sector

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Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for civil servants, public officials, and armed forces; and Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP;

Pursuant to Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of the Prime Minister stipulating the classification and ranking of public service organizations and state-owned enterprises;

After reaching consensus with the Ministry of Finance, the Ministry of Justice, and the Ministry of Home Affairs, these joint circulars provide guidelines for ranking public service units under the Justice Sector as follows:

PART I

GENERAL PROVISIONS

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.

These joint circulars guide the purpose, principles, implementation period, ranking framework, criteria for ranking, ranking score scale, position allowances according to rank, authority, documentation, and procedures for ranking public service units under the Justice Sector.

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.

These joint circulars apply to public service units (hereinafter referred to as public service units) that have legal personality, separate accounts, and seals, performing functions to serve state management or providing public goods and services under the Justice Sector as specified in Clause 1, Article 17 of Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of the Prime Minister stipulating the classification and ranking of public service organizations and state-owned enterprises, including:

a) The Real Estate Transaction Registration Center under the National Registry of Security Interests - Ministry of Justice;

b) State Legal Aid Centers under Provincial Justice Departments of centrally governed cities;

c) Notary Public Offices under Provincial Justice Departments of centrally governed cities;

d) State Auction Service Centers under Provincial Justice Departments of centrally governed cities.

Article 2. Purpose and Principles of Ranking

Based on the provisions of Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of the Prime Minister and the specific characteristics of the Justice Sector, the ranking of public service units is established based on the following specific purposes and principles:

1. Objective

a) To improve organizational structures, perfect management mechanisms, and ensure uniformity so that the Minister of Justice and the Chairpersons of People's Committees of provinces and centrally governed cities (hereinafter collectively referred to as the Chairperson of the Provincial People's Committee) can rank public service units under the Justice Sector;

b) To implement decentralization in management between the Ministry of Justice and the Provincial People's Committee in deciding the ranking of public service units within their respective jurisdictions;

c) To determine the level of leadership position allowances for heads, deputy heads of heads, and chiefs and deputies of organizations within public service units; to determine the positions and organizational scales of each unit in accordance with the level of decentralization in management.

2. Principles

a) The ranking of public service units must be consistent with the nature, characteristics of activities, and investment and development capabilities for each type of public service unit under the Justice Sector as determined by the criteria set out in Appendices 1, 2, 3, and 4 attached to these joint circulars;

b) Consistent with the functions and tasks of public service units as prescribed by competent state authorities and the Table of Leadership Position Allowances issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for civil servants, public officials, and armed forces;

c) To ensure a reasonable correlation and relationship between the leadership position allowance coefficient of public service units and the leadership position allowance coefficient of advisory and law enforcement organizations under administrative agencies at each level.

Article 3. Time limit for ranking

The initial ranking period shall be carried out immediately after this Circular takes effect; the re-ranking of public service units according to the criteria specified in the annexes attached to this Circular shall be every five years (sixty months) from the date the previous ranking decision becomes effective. The following special cases shall be ranked as follows:

1. Public service units that undergo organizational restructuring such as changing their organizational form, changing direct management level, merging, consolidating, or splitting shall have their ranking reconsidered from the date the decision on organizational restructuring becomes effective.

2. Public service units stipulated in this Circular, if continuously developed and meet the criteria for higher ranking for three consecutive years, shall be considered for higher ranking.

Chapter II

RANKING OF PUBLIC SERVICE UNITS

Article 4. Ranking Framework

Public service units shall be ranked as follows:

1. Registration Centers for Transactions and Assets shall be ranked into two categories: Category II and Category III;

2. State Legal Aid Centers shall be ranked into three categories: Category II, Category III, and Category IV;

3. Notary Offices shall be ranked into three categories: Category II, Category III, and Category IV;

4. Auction Service Centers shall be ranked into three categories: Category II, Category III, and Category IV.

Article 5. Basis for Ranking

1. The ranking of public service units shall be based on evaluating the current status of the unit by scoring points according to the following four criteria:

a) Organizational structure and staffing;

b) Professional qualifications of staff;

c) Results of tasks performed;

d) Infrastructure and technical facilities.

2. The category of a public service unit shall be determined based on the total score achieved according to the four groups of criteria specified in Clause 1 of this Article.

Article 6. Scoring Scale and Ranking

1. The maximum score for ranking public service units is 100 points.

2. Ranking of public service units

a) For public service units specified in Clause 1 of Article 4 of this Circular:

- Category II: Achieving more than 70 points;

- Category III: Achieving up to 70 points;

b) For public service units specified in Clauses 2, 3, and 4 of Article 4 of this Circular:

- Category II: Achieving more than 70 points;

- Category III: Achieving between 50 and 70 points;

- Category IV: Achieving up to 50 points.

Article 7. Table of Position Allowance Coefficients According to the Rank of Public Service Units

Article 8. Authority, Documents, and Procedures for Ranking

1. Authority to Decide on Ranking

a) The Minister of Justice decides on the ranking of Registration Centers for Transactions and Assets under the National Register of Security Interests Department - Ministry of Justice.

b) The Chairman of the Provincial People's Committee decides on the ranking of State Legal Aid Centers, Notary Offices, and Auction Service Centers under the Department of Justice.

2. Documents for Requesting Ranking Include:

a) A request for ranking;

b) A copy of the establishment decision or organizational restructuring decision (if applicable).

For public service units ranked according to the criteria specified in the annexes attached to this Circular, in addition to the above documents, the following must also be submitted:

- The results of scoring according to the criteria specified in the annexes attached to this Circular based on the average data of the three consecutive years prior to the year of requesting ranking; in cases where the public service unit does not have sufficient data for the three consecutive years due to being newly established or undergoing organizational restructuring, the average data from the time of establishment or organizational restructuring shall be used as the basis for scoring;

- The final report on revenue and expenditure approved by the competent authority for the three consecutive years prior to the year of requesting ranking (except for State Legal Aid Centers); in cases where the public service unit does not have a final report on revenue and expenditure for the three consecutive years due to being newly established or undergoing organizational restructuring, the report from the time of establishment or organizational restructuring shall be used as the basis for scoring.

3. Procedures for Ranking Public Service Units

a) The National Register of Security Interests Department receives and checks the validity of the ranking application documents of Registration Centers for Transactions and Assets, sends them to the Personnel Department of the Ministry of Justice for review. Within seven working days from the date of receiving complete valid documents, the Personnel Department must complete the review of the public service unit ranking and transfer it back to the National Register of Security Interests Department.

b) The Department of Justice receives and checks the validity of the ranking application documents of State Legal Aid Centers, Notary Offices, and Auction Service Centers, sends them to the Civil Service Department for review. Within seven working days from the date of receiving complete valid documents, the Civil Service Department must complete the review of the public service unit ranking and transfer it back to the Department of Justice.

c) Within three working days from the date of receiving the review agency's opinion, the superior management agency of the public service unit completes the ranking application documents and submits them to the competent authority for decision.

d) Within seven working days from the date of receiving complete valid documents, the Minister of Justice decides on the ranking of Registration Centers for Transactions and Assets under the National Register of Security Interests Department; the Chairman of the Provincial People's Committee decides on the ranking of State Legal Aid Centers, Notary Offices, and Auction Service Centers under the Department of Justice.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of the Managing Authority of Public Service Units

1. Guide and direct public service units to complete the application dossier for ranking within 60 days from the date this Circular takes effect.

2. Annually assess the situation of ranking of public service units and report to the Ministry of Justice and the People's Committee of the province before February 25 of the following year.

Article 10. Position Allowance for Leadership of Public Service Units

After the competent state agency issues a decision on the ranking of public service units, the authority that appoints officials shall re-determine the position allowance for leadership according to the corresponding ranking of the public service unit for the beneficiaries.

Article 11. Effective Date

This Circular takes effect 45 days from the date of issuance; matters not specified in this Circular shall be implemented in accordance with current laws.

During the implementation process, if there are difficulties, please reflect them to the Ministry of Justice for coordination with the Ministry of Home Affairs to consider and resolve.

ANNEX 1

CRITERIA FOR RANKING REGISTRY CENTERS FOR TRANSACTIONS AND ASSETS
(Annexed to Joint Circular No. 02/2010/TTLT-BTP-BNV dated February 11, 2010 issued by the Ministry of Justice and the Ministry of Home Affairs)

RANKING POINT FRAMEWORK

ANNEX 2

CRITERIA FOR RANKING STATE LEGAL ASSISTANCE CENTERS
(Annexed to Joint Circular No. 02/2010/TTLT-BTP-BNV dated February 11, 2010 issued by the Ministry of Justice and the Ministry of Home Affairs)

RANKING POINT FRAMEWORK

Note:One litigation participation or non-litigation representation case counts as five legal consultation cases; mediation and complaint cases are counted as legal consultation cases.

ANNEX 3

CRITERIA FOR RANKING NOTARIES' OFFICES
(Annexed to Joint Circular No. 02/2010/TTLT-BTP-BNV dated February 11, 2010 issued by the Ministry of Justice and the Ministry of Home Affairs)

RANKING POINT FRAMEWORK

ANNEX 4

CRITERIA FOR RANKING PROPERTY AUCTION SERVICE CENTERS
(Annexed to Joint Circular No. 02/2010/TTLT-BTP-BNV dated February 11, 2010 issued by the Ministry of Justice and the Ministry of Home Affairs)

RANKING POINT FRAMEWORK

ANNEX 5

UNIT SELF-RATING RANKING SCORE SHEET
(Annexed to Joint Circular No. 02/2010/TTLT-BTP-BNV dated February 11, 2010 issued by the Ministry of Justice and the Ministry of Home Affairs)

SCORING SHEET

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