Circular No. 03/2024/TT-BXD guiding on the Management Board and standards, conditions for appointing and relieving members of the Management Board in public service units under the construction sector.

 

CIRCULAR

Guidelines on the Management Board and standards, conditions for appointment, removal of Management Board members in public service units under the construction sector

remove members of the Management Board in public service units

under the construction sector

BASED ON THE GOVERNMENT DECREE NO. 52/2022/NĐ-CP OF AUGUST 8, 2022, PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION;

Pursuant to Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government stipulating the establishment, restructuring, and dissolution of public service organizations;

Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism of public service units;

At the proposal of the Director of the Cadre and Civil Servant Organization Department;

Minister of of Construction issues the Circular guidelines on the Management Board and standards, conditions for appointment, removal of Management Board members in public service units under the construction sector.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides guidance on the functions, tasks, powers, organizational structure, operational regulations of the Management Board in public service units under the construction sector (hereinafter referred to as the Management Board), the relationship between the Management Board and the head of the public service unit and the superior management agency; standards, conditions for appointment, removal of Management Board members and the Chairman of the Management Board in public service units under the construction sector.

Article 2. Applicability

Public service units under the construction sector are established by competent authorities in accordance with Article 2 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, dissolution of public service units.

Article 3. Principles and Conditions for Establishing the Management Board

Principles and conditions for establishing the Management Board in public service units under the construction sector shall be implemented in accordance with Clause 1 and Clause 2 of Article 7 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units.

PART II

FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND REGULATIONS ON OPERATIONS OF THE MANAGEMENT BOARD

AND REGULATIONS ON THE OPERATIONS OF THE MANAGEMENT BOARD

Article 4. Functions, Tasks, and Powers of the Management Board

1. Function: The Management Board represents the ministry, agency at the level of a ministry, agency under the Government, organization established by the Government, Prime Minister that is not a public service unit, and the People's Committee of the province at the public service unit.

2. Tasks and powers of the Management Board are carried out in accordance with Clause 3 of Article 7 of Decree No. 120/2020/NĐ-CP, specifically as follows:

a) Decide on the objectives, strategies, and medium-term and annual development plans of the public service unit.

b) Approve the organizational and operational regulations of the public service unit to submit to the competent authority for approval.

c) Decide on policies regarding the establishment of organizational structures, recruitment, training, promotion, rewards, and disciplinary actions for civil servants and employees; finance, assets, investment in infrastructure, procurement of equipment, mobilization of necessary resources for the development of activities of the public service unit.

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

đ) Supervise the implementation of resolutions of the Management Board, the execution of plans, and the implementation of democratic regulations in the activities of the public service unit.

e) Decide on policies and submit to the competent authority for the appointment, removal, rewards, and disciplinary actions, and benefits for the head and deputy heads of the public service unit.

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

h) Regularly or urgently request the head of the public service unit to report on its activities.

i) Approve the establishment, restructuring, and dissolution of component units of the public service unit; the job position plan, number of staff annually, and adjustment of the number of staff annually of the public service unit before the head of the public service unit decides to approve within their authority.

k) Approve the annual and three-year financial plans, fee levels for professional and business activities; basic indicators in professional and business activities and the annual financial settlement report of the public service unit.

l) Decide on other matters of the public service unit in accordance with the law.

Article 5. Structure and Term of Office of the Management Board

1. The composition of the Management Board includes:

a) Representatives of the superior management agency of the public service unit including representatives of the ministry, agency at the level of a ministry, agency under the Government, organization established by the Government, Prime Minister that is not a public service unit, and the People's Committee of the province and the direct superior management agency (if any); working on a part-time basis;

b) The head of the public service unit;

c) Civil servants of the public service unit;

d) Representatives of related organizations and units.

2. The number of Management Board members ranges from five to eleven, including the Chairman of the Management Board, the Secretary of the Management Board, and other Management Board members. Depending on the requirements of the task, the Management Board may have a Vice-Chairman of the Management Board. The number and composition of Management Board members of each public service unit are determined by the head of the competent authority approving the self-management proposal of the public service unit.

The Chairman of the Management Board and other Management Board members are selected and appointed by the head of the competent authority approving the self-management proposal of the public service unit from the leadership representatives of the public service unit or the representatives of the superior management agency of the public service unit.

The Vice-Chairman of the Management Board (if any), the Secretary of the Management Board, and other Management Board members are appointed by the head of the competent authority approving the self-management proposal of the public service unit.

3. The term of office of Management Board members does not exceed five years.

Article 6. Rules of Operation and Working Regime

1. The rules of operation of the Management Board include the following main contents:

a) General provisions;

b) Functions, tasks, and powers of the Management Board;

c) The number, structure, term of office of members of the Management Board;

d) The operational mechanism of the Management Board;

d) The tasks, powers of members of the Management Board; appointment, supplementation, replacement, removal, disciplinary action against members of the Management Board;

e) Work relationships;

g) Other provisions to ensure the operation of the Management Board in accordance with the law.

2. Working regime:

a) The Management Board operates under a collective working regime, deciding by majority. Decisions of the Management Board are expressed in the form of Resolutions. Resolutions of the Management Board are adopted when at least three-quarters of the Management Board members present agree to adopt them through secret ballot. The voting method is specifically provided for in the Rules of Operation of the Management Board.

b) The Management Board convenes regular meetings according to the Rules of Operation; convenes extraordinary meetings as required by work or upon request of the Chairman of the Management Board, the head of the public service unit, or by written request of the majority of Management Board members. Meetings of the Management Board are considered valid when at least two-thirds of Management Board members attend, including the Chairman of the Management Board or one member of the Management Board designated or authorized by the Chairman to chair the meeting.

c) Representatives of the superior management agency, the direct superior agency of the public service unit in the Management Board operate on a concurrent basis; Management Board members who are civil servants or officials from other agencies operate on a concurrent basis; Management Board members who are officials of the public service unit may operate on a full-time or concurrent basis and are determined in the Project to establish the Management Board.

d) The Management Board operates according to the approved Rules of Operation decided by the agency or person with authority to establish the Management Board.

d) The Management Board uses the seal and organizational structure of the public service unit to implement the work of the Management Board.

Article 7. Work Relationships

1. Relationship between the Management Board and the superior management agency

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

b) The Management Board has the responsibility to periodically or urgently report to the superior management agency on the activities of the public service unit.

c) The superior management agency considers or provides comments on matters within its jurisdiction based on the Management Board's proposal.

2. Relationship between the Management Board and the head of the public service unit

a) The Management Board decides issues within its jurisdiction based on the head of the public service unit's proposal.

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

c) The head of the public service unit has the responsibility to periodically or urgently report the activities of the public service unit as requested by the Management Board.

d) The head of the public service unit is subject to inspection and supervision by the Management Board.

Chapter III

STANDARDS AND CONDITIONS FOR APPOINTMENT AND REMOVAL

OF MANAGEMENT BOARD MEMBERS

Article 8. Standards and Conditions for Members and Chairman of the Management Board

1. Standards for Members of the Management Board.

a) Possess good political qualities, moral conduct, and discipline awareness.

b) Have sufficient health to fulfill assigned tasks and responsibilities.

c) Hold a bachelor's degree or higher.

d) Not be in the period of implementing disciplinary decisions or under investigation for disciplinary actions according to the law.

đ) Age ensuring at least one term of service (five years).

e) Not be the spouse, father, mother, child, brother, sister, or full-blooded sibling of the head, deputy head, or chief accountant of a public institution.

2. Standards for the Chairman of the Management Board

a) Meet the standards for members of the Management Board.

b) Have management experience or expertise in the field of operation of the public institution. Possess management capabilities and meet the conditions and standards of the head of a public institution as stipulated by law and authorized bodies.

3. Authority to Appoint the Chairman and Other Members of the Management Board.

The Chairman and other members of the Management Board shall be appointed by the head of the competent authority approving the self-governance proposal of the public institution.

Article 9. Removal of the Chairman and Members of the Management Board

1. Conditions for Removal Include One of the Following Situations:

a) A written request from the individual to cease participation as a member of the Management Board.

b) Being restricted in civil capacity.

c) Health not sufficient to perform assigned duties, having been on leave for more than six months without recovery of work capability.

d) Convicted by a court with a legally effective judgment.

đ) More than 50% of the total number of Management Board members propose in writing to remove the individual.

e) Retirement, resignation, transfer to another position, or reassignment by an authorized body that does not comply with the provisions of Clause 1 and Clause 2, Article 5 of this Circular.

g) Receiving an unsatisfactory performance rating for two consecutive years.

h) Violation of other rules set forth in the organizational and operational regulations of the unit and the Management Board's operational regulations.

2. Procedure and Formalities for Removal of the Chairman and Members of the Management Board

In cases where there is a lawful proposal for the removal of the Chairman of the Management Board, the Deputy Chairman (if any) or the Secretary of the Management Board shall preside over the meeting to resolve the issue; the meeting must ensure the required ratio and composition of participants, and the voting ratio as prescribed by law.

In cases where the Chairman, Deputy Chairman, and Secretary of the Management Board are removed simultaneously, the head of the public institution shall report to the authorized body specified in Clause 3, Article 8 of this Circular to decide on organizing the meeting.

The Management Board is responsible for reviewing and submitting to the authorized body specified in Clause 3, Article 8 of this Circular the removal of Management Board members and the removal of the Chairman of the Management Board, and sending the application file for the authorized body to make a decision.

The application file includes: (1) A detailed explanation of the reasons for removal; (2) Minutes of the Management Board meeting; (3) Any related documents (if applicable).

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from September 9, 2024.

Article 11. Responsibility for Implementation

1. Ministries, agencies equivalent to ministries, government-affiliated agencies, organizations established by the Government or the Prime Minister that are not public institutions, provincial People's Committees with public institutions in the construction sector, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. In cases where the legal normative documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the provisions of the amended, supplemented, or replacing documents.

3. During implementation, if difficulties arise, agencies, organizations, and individuals are requested to report to the Ministry of Construction for guidance and resolution.