Circular No. 03/2016/TT-BNV guiding on the establishment and operation of the Management Board in public service units

CIRCULAR

GUIDELINES ON THE ESTABLISHMENT AND OPERATIONS OF MANAGEMENT BOARDS IN PUBLIC SERVICE UNITS

Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP dated September 19thJune 2024;2015;

BASED ON THE Law on Public Officials dated November 15, 2010;June 2024;Decree No. 55/2012/NĐ-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units;

WHEREAS,ứ Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government on the self-management mechanism of public service units;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Decree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;development The Minister of Home Affairs issues this Circular to provide guidelines on the establishment and operations of Management Boards in public service units. lautonomy of public service units with establishment in the field of economic services and other services;

This Circular provides general guidance on the procedures for establishing, positions, functions, tasks, powers, organizational structures, and approval of operational regulations of Management Boards in public service units, as well as the relationship between the Management Board and the head of the public service unit and the superior management agency.1a) Ministries, agencies at the level of ministries, and other central agencies (hereinafter referred to collectively as ministries and central agencies);

b) People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committees);June 2024;c) Public service units under ministries and central agencies, and provincial People's Committees;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsd) Agencies, organizations, units, and individuals related to the establishment and operation of Management Boards in public service units;

đ) This Circular does not apply to public service units under the people's armed forces.

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.

Article 2. Principles and Conditions for Establishing Management Boards in Public Service 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.

1. Principles for Establishment

b) Based on specific conditions, management requirements, and specialized laws, where necessary, ministries, central agencies, and provincial People's Committees may stipulate the establishment of Management Boards for public service units not covered by Point a Clause 1 of this Article.

2. Conditions for Establishment

Public service units specified in Clause 1 of this Article must meet the conditions determined by the State for the value of assets to be transferred to the unit for management under the capital transfer mechanism for enterprises and recognized and decided upon by the competent authority in accordance with the law.

Article 3. Competence to Provide Guidelines on Management Boards in Public Service Units within Their Sector

The Minister or Head of an agency at the level of a ministry shall provide detailed guidelines on the establishment, functions, tasks, powers, organizational structures, and operational regulations of Management Boards in public service units within their sector as prescribed in Clause 4, Article 18 of Decree No. 55/2012/NĐ-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units.

PROCEDURES AND COMPETENCE FOR THE ESTABLISHMENT OF MANAGEMENT BOARDS IN PUBLIC SERVICE UNITS

b) Based on specific conditions and management requirements, when necessary, Ministries, People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial People's Committees) shall stipulate the establishment of Management Boards for public service units not covered by point a of Clause 1 of Article 1 of this Circular.

Article 4. Procedures for Establishing Management Boards in Public Service Units

1. Public service units meeting the conditions set out in Clause 2 of Article 2 of this Circular shall prepare a dossier to submit to the competent state agency as prescribed in Article 6 of this Circular for consideration and decision on the establishment of the Management Board. The application dossier includes:

c) Draft Operational Regulations of the Management Board, clearly defining the relationship between the Management Board and the head of the public service unit and the superior management agency;

d) Relevant documents proving compliance with the conditions stipulated in Clause 2 of Article 2 of this Circular;

2. Competent bodies for review

Chapter II

a) The Cadre and Civil Servant Department or the Cadre and Civil Servant Board shall be the reviewing body for the establishment of Management Boards in public service units under ministries and central agencies;

b) The Department of Home Affairs shall be the reviewing body for the establishment of Management Boards in public service units under provincial People's Committees.

3. Based on the provisions of Article 2 of this Circular and the application documents and review documents, the competent state agency as prescribed in Article 6 of this Circular shall consider and decide on the establishment of the Management Board in the public service unit.

a) A proposal for establishing the Management Board;

d) Relevant documents proving compliance with the conditions for establishing the Management Council as prescribed;

c) Draft Regulation on the Operation of the Management Board, specifying clearly the relationship between the Management Board and the head of the public service unit and the superior supervisory agency;

d) Relevant documents proving compliance with the conditions stipulated in Clause 2, Article 2 of this Circular;

2. Procedures for establishing the Management Council

The procedures for establishing the Management Council shall be carried out in accordance with the provisions of Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP.

2. Appraisal Agencies

a) The Cadre and Civil Servant Department or the Cadre Organization Department shall be the appraisal agency for the establishment of the Management Board in public service units under Ministries and central agencies;

b) The Department of Home Affairs shall be the appraisal agency for the establishment of the Management Board in public service units under provincial People's Committees.

3. Based on the provisions of Article 2 of this Circular and the application for establishment, the appraisal document, the competent state agency specified in Article 6 of this Circular shall consider and decide on the establishment of the Management Board in public service units.

Article 5. Proposal for Establishing the Management Boardon 1. The proposal for establishing the Management Board in public service units shall be developed by the public service unit and submitted to the competent authority for examination and decision on establishment.

2. Contents of the proposal include:

g) Other contents implemented in accordance with the provisions of specialized laws and guidelines of the Ministry managing the sector or field.

a) Necessity and legal basis;

b) Position and function;

c) Tasks and powers;

d) Organizational structure;

đ) Proposed human resource plan for the Management Board;

e) Recommendations of the agency drafting the proposal for establishing the Management Board (if any);

Article 6. Authority to Decide on Establishing the Management Board in Public Service Units and Approving the Operation Regulations of the Management Board in Public Service Units

1. The Minister, Head of Central Agencies decides on establishing and approving the Operation Regulations of the Management Board in public service units under their management. l2. The Chairman of the People's Committee of the province decides on establishing and approving the Operation Regulations of the Management Board in public service units under local management.

MANAGEMENT BOARD IN PUBLIC SERVICE UNITS

1. The Management Board represents the Ministry, Central Agencies, and the People's Committee of the province at public service units.

Chapter III

2. The Management Board decides on policies, directions, plans of activities, finance, and personnel work; monitors and supervises the implementation of objectives and activity plans according to the functions and tasks of the public service unit.

Article 7. Position and Functions

3. Decides on policies regarding organizational structure building, recruitment, training, and development of civil servants, officials, employees; finance, assets, construction investment, equipment procurement, mobilization of necessary resources for the development of public service unit activities.

In cases where the Government Decree on the self-management mechanism of public service units in sectors and fields stipulates that the Management Board has the authority to hire individuals for leadership positions (upon recommendation by the head of the public service unit), the Ministry managing the sector or field will provide specific guidance on this matter.

Article 8. Tasks and Authorities

1. Decide on the goals, strategies, and medium-term and annual development plans of public service units.

2. Approve the organizational and operational regulations of the public service unit to be submitted to the competent authority for approval.

9. Approves the establishment, restructuring, dissolution of component units of the public service unit; the job position plan of the public service unit before submitting it to the competent authority for review.

4. Decide on the direction of professional and business operations and scientific and technological development of the public service unit.

5. Supervise the implementation of Management Board resolutions, democratic regulations in the activities of the public service unit.

6. Propose the competent authority to appoint, dismiss, reward, discipline, and implement policies for the heads and deputies of the heads of public service units.

10. Approves the financial plan, fee levels for professional and business activities; basic indicators in professional and business activities and annual financial settlement reports of the public service unit.

7. Regularly or urgently report to the superior management agency on the activities of the public service unit.

8. Regularly or urgently request the head of the public service unit to report on the activities of the public service unit.

1. The Management Board consists of from five to eleven members, the Chairman and members of the Management Board are appointed by the Minister, Head of Central Agencies, or the Chairman of the People's Committee of the province. The term of office of Management Board members is five years.

2. The composition and number of Management Board members in public service units in sectors and fields shall comply with the provisions of specialized laws and guidelines of the Ministry managing the sector or field.

Article 9. Organizational Structure

Representatives of the superior management agency of the public service unit in the Management Board include representatives of the Ministry, Central Agencies, the People's Committee of the province, and the directly superior management agency (if any); they work on a concurrent basis.

1. The Management Board operates in accordance with the Operation Regulations approved by the competent authority in accordance with the guidelines of the Ministry managing the sector or field.

2. Provisions on the relationship between the Management Board and the head of the public service unit in the Operation Regulations of the Management Board.

Article 10. Operational Regulations of the Management Board

b) The head of the public service unit manages and directs the activities of the unit to implement the resolutions of the Management Board and is responsible for the results of implementing these resolutions before the Management Board.

3. Provisions on the relationship between the Management Board and the superior management agency in the Operation Regulations of the Management Board.

a) The Management Board decides on issues within its jurisdiction based on proposals from the head of the public service unit;

b) The head of the public service unit manages and directs the operation of the unit to implement the resolutions of the Management Board and is responsible for the results of implementing these resolutions before the Management Board.

3. Provisions regarding the relationship between the Management Board and the superior supervisory agency in the Regulation on the Operation of the Management Board.

a) The Management Board is responsible to the superior management agency for the results of performing assigned tasks and authorities;

b) The Management Board has the responsibility to report the activities of the public service unit to the superior management agency;

c) The superior management agency approves or provides opinions on matters within its jurisdiction upon the request of the Management Board.

Chapter IV

IMPLEMENTATION

Article 11. Responsibilities of Ministries, central agencies, and provincial People's Committees

1. Ministries managing sectors and fields of public services shall be responsible for:

a) Taking the lead and coordinating with the Ministry of Home Affairs to provide specific guidance on the establishment, functions, tasks, powers, and organizational structure of the Management Board in public service units under their sector or field;

b) Issuing operational regulations of the Management Board in public service units under their sector or field in accordance with the provisions of specialized laws;

c) Issuing standards and conditions for appointing and dismissing members of the Management Board and the Chairman of the Management Board in compliance with the provisions of specialized laws.

2. Ministries and central agencies shall be responsible for:

a) Directing public service units under their authority to develop proposals for establishing the Management Board in accordance with this Circular and detailed guidance from the sectoral management ministry;

b) Deciding on the establishment and approving the operational regulations of the Management Board in public service units in accordance with this Circular and guidance from the sectoral management ministry.

3. Provincial People's Committees shall be responsible for:

a) Directing public service units under their authority to develop proposals for establishing the Management Board in accordance with this Circular and detailed guidance from the sectoral management ministry;

b) Deciding on the establishment and approving the operational regulations of the Management Board in public service units in accordance with this Circular and guidance from the sectoral management ministry.

4. Public service units subject to this Circular shall be responsible for developing proposals, submitting them to the competent authority for examination and decision-making on the establishment of the Management Board in accordance with the law.

Article 12. Implementationệnto effecitselfand responsibility for enforcementệ1. This Circular takes effect from July 8, 2016.

2. Ministries, central agencies, provincial People's Committees, and public service units shall be responsible for organizing the implementation of the provisions of this Circular.

In the course of implementation, if there are difficulties or obstacles, it is requested that relevant agencies and units report to the Ministry of Home Affairs for study and appropriate amendments./.

During implementation, if there are difficulties or obstacles, please report them to the Ministry of Home Affairs for study and appropriate amendment./.