Circular No. 03/2025/TT-BGDĐT guides on the Management Board in public service units under the education and training sector.

CIRCULAR

Guidelines on Management Boards in Public Service Units in the field of education and training

Camendpursuant to Decree No. 86/2022/NĐ-CP dated December 22, 2022 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, stipulating functions,iduties, powers, and organizational structure of the Ministry of Education and Training;June 2024;Decree

On the basis of No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on establishment, restructuring, and dissolution of public service units; number at the proposal of the Department of Organization and Cadres;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Minister of Education and Training issues this Circular guiding on the functions, duties, powers, organizational structure, operational regulations, and relationships of Management Boards in public service units in the field of education and training.

This Circular guides on the functions, duties, powers, organizational structure, operational regulations, and relationships between Management Boards and heads of public service units and superior management agencies; standards and conditions for appointment and removal of members of Management Boards, including Chairpersons of Management Boards in public service units.inArticle 1. Public service units in the field of education and training established by competent authorities according to Article 2 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on establishment, restructuring, and dissolution of public service units (except educational institutions with School Councils established under specialized laws, performing the functions, duties, and powers of School Councils as prescribed by specialized laws and performing the functions of Management Boards as prescribed in Decree No. 120/2020/NĐ-CP).

Article 2. Agencies, organizations, and individuals related to the establishment and operation of Management Boards in public service units in the field of education and training.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSArticle 3. Functions, duties, powers of Management Boards and duties, powers of the Chairperson, Vice Chairperson (if any), Secretary, and Members of Management Boardson 1. Functions, duties, and powers of Management Boards shall be implemented in accordance with Clause 3, Article 7 of Decree No. 120/2020/NĐ-CP.specialized agency under the People's Committee of the province/city. 2. Duties and powers of the Chairperson of the Management Board

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Directing the Management Board to perform its functions, duties, and powers in accordance with the Operational Regulations of the Management Board and Clause 1 of this Article;

Article 2. Applicability

b) Organizing supervision and evaluation of strategic goal achievement results, operational results of public service units, and management leadership results of heads of public service units;

c) Leading the development of activity plans for each term and annually, quarterly, or monthly of the Management Board; leading the implementation of resolutions of the Management Board;

Chapter II

d) Summoning and chairing meetings of the Management Board; directing preparation of meeting agendas, materials, or soliciting opinions from members of the Management Board;

đ) Signing documents within the authority to issue of the Management Board;

e) Assigning tasks and supervising the implementation of tasks by members of the Management Board;

g) Performing the duties and powers of members of the Management Board as prescribed in Clause 5 of this Article;

h) Performing other duties and powers as prescribed by law, Operational Regulations of the Management Board, and Organizational and Operational Regulations of public service units;

i) Being responsible for the performance of their duties and powers.

3. Duties and powers of the Vice Chairperson of the Management Board (if any)

a) Directing the activities of the Management Board when authorized by the Chairperson of the Management Board;

b) Signing documents within the authority to issue of the Management Board upon authorization by the Chairperson of the Management Board;

c) Performing the duties and powers of members of the Management Board as prescribed in Clause 5 of this Article.

d) Being responsible for the performance of their duties and powers.

4. Duties and powers of the Secretary of the Management Board

The Secretary of the Management Board performs the duties and powers of members of the Management Board as prescribed in Clause 5 of this Article and the following duties and powers:

a) Compiling information on unit activities to report to the Chairperson of the Management Board; preparing meeting agendas, materials, invitations, and serving as secretary for Management Board meetings; drafting, completing, and archiving Management Board documents;

b) Preparing reports and explanatory documents for state agencies and relevant agencies according to the functions, duties, and powers of the Management Board;

c) Being responsible for the performance of their duties and powers.

5. Duties and powers of members of the Management Board

a) Implementing tasks assigned by the Management Board and the Chairperson of the Management Board; other duties and powers as prescribed by law, Operational Regulations of the Management Board, and Organizational and Operational Regulations of public service units;

b) Participating in developing activity plans for each term and annually; proposing agenda items and issues for discussion at Management Board meetings;

c) Attending Management Board meetings, providing comments, and voting on issues discussed in Management Board meetings;

d) Accessing and receiving information and materials for Management Board work as prescribed; enjoying benefits and policies as prescribed by law and financial and internal expenditure regulations of public service units;

đ) Being responsible for the performance of their duties and powers.

c) Shall be responsible for the performance of their duties and powers.

5. Duties and Powers of the Board Member

a) Perform tasks assigned by the Management Board and the Chairman of the Management Board; other duties and powers as prescribed by law, the Operation Regulation of the Management Board, and the Organization and Operation Regulation of the Public Service Unit;

b) Participate in building the activity plan for each term and annually; propose contents and issues to be discussed at the Management Board meetings;

c) Attend Management Board meetings, provide opinions, and vote on matters discussed at the Management Board meetings;

d) Be provided with and have access to information and documents serving the work of the Management Board as prescribed; enjoy benefits and policies as stipulated by law and the financial regulation, internal expenditure policy of the public service unit;

đ) Shall be responsible for the performance of their duties and powers.

Article 4. Number and Composition of Members of the Management Board

1. The number of members of the Management Board must be an odd number, as specified in Clause 4 of Article 7 of Decree No. 120/2020/NĐ-CP, including the Chairman, Vice-Chairman (if any), Secretary, and other members of the Management Board. The Chairman, Vice-Chairman (if any), Secretary, and other members of the Management Board shall be appointed by the head of the competent authority approving the self-management project of the public service unit.

2. Composition of members of the Management Board

a) Representative of the state management agency for education (if any);

b) Representative of the superior agency of the public service unit as stipulated in Clause 4 of Article 7 of Decree No. 120/2020/NĐ-CP;

c) Representative of the leadership of the public service unit with a Management Board (the leadership of the public service unit referred to herein includes the head and deputy heads of the public service unit);

d) Representative of employees of the public service unit with a Management Board;

đ) Representative of experts and managers knowledgeable about issues related to the functions, tasks, and powers of the public service unit.

3. The specific number and composition of members of the Management Board shall be decided by the head of the competent authority approving the self-management project of the public service unit in accordance with Clause 1 of this Article.

Article 5. Operation Regulations of the Management Board

1. The Management Board operates according to the operation regulations approved by the competent authority establishing the Management Board. The operation regulations of the Management Board include the following main contents:

a) General provisions;

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

c) Number and organizational structure of the Management Board;

d) Tasks, powers, term of office of the Chairman, Vice-Chairman (if any), Secretary, and members of the Management Board; criteria and conditions for appointing and dismissing the Chairman, Vice-Chairman (if any), Secretary, and members of the Management Board;

đ) Principles and working system of the Management Board;

e) Working relationship between the Management Board and the head of the public service unit and the superior management agency; working relationship with other agencies, organizations, and individuals (if any);

g) Working conditions and operating funds of the Management Board in accordance with the law.

2. In case it is necessary to amend or supplement the operation regulations, the Management Board shall submit the operation regulations of the Management Board to the competent authority for examination and approval by the competent authority establishing the Management Board in accordance with Clause 7 of Article 7 of Decree No. 120/2020/NĐ-CP.

Article 6. Principles and Working System of the Management Board

1. The Management Board works on the principle of collective decision-making, deciding by majority vote, except where the operation regulations of the Management Board provide for a higher voting ratio. Decisions of the Management Board are expressed in the form of Resolutions.

2. Representatives of the superior agency of the public service unit in the Management Board work on a concurrent basis.

Members of the Management Board who are civil servants or officials from other agencies or units work on a concurrent basis; members of the Management Board who are officials or employees of the public service unit with a Management Board may work on a full-time or concurrent basis and are determined in the project to establish the Management Board.

3. The Management Board organizes meetings based on the requirements of the Management Board and as determined in the Operation Regulations of the Management Board. Meetings of the Management Board are considered valid when more than two-thirds of the members attend, including the Chairman of the Management Board or one member of the Management Board designated or authorized to chair the meeting. The authority to convene, chair meetings of the Management Board, and delegate management of the Management Board when the Chairman of the Management Board cannot work during a certain period is specifically determined in the Operation Regulations of the Management Board.

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

5. Annually every three months or at any time as required, the Chairman of the Management Board reports to the competent authority on the results of the activities of the public service unit.

Article 7. Work Relationships

1. The work relationship between the Management Board and the superior supervisory agency shall be implemented in accordance with point c, Clause 5, Article 7 of Decree No. 120/2020/NĐ-CP.

2. The work relationship between the Management Board and the head of the public service institution shall be implemented in accordance with point b, Clause 5, Article 7 of Decree No. 120/2020/NĐ-CP and the following provisions:

a) The Management Board shall take the lead and coordinate with the head of the public service institution to establish and issue regulations on cooperation in directing, managing, and implementing tasks of the institution.

b) The head of the public service institution shall be subject to inspection and supervision by the Management Board in the implementation of the resolutions of the Management Board; shall have the responsibility to periodically or urgently report activities of the public service institution as required by the Management Board.

Chapter III

STANDARDS AND CONDITIONS FOR APPOINTMENT AND REMOVAL OF THE CHAIRMAN, VICE CHAIRMAN (IF ANY), SECRETARY, AND MANAGEMENT BOARD MEMBERS

Article 8. Standards and conditions for appointment of the Chairman, Vice Chairman (if any), Secretary, and Management Board members

1. For the Chairman of the Management Board

a) Shall meet the provisions of Clause 2 of this Article and other standards and conditions as prescribed by the Party and the law;

b) Shall be a civil servant or state employee;

c) Shall have reputation, capability, and experience in managing public service institutions operating in the field of education and training.

2. For the Vice Chairman (if any), Secretary, and Management Board members

a) Shall have good political integrity and morality; shall have sufficient health to undertake the job;

b) Shall not be during the period of being indicted, prosecuted, investigated, tried, or during the period of serving a disciplinary decision or under consideration for disciplinary action according to the law;

c) Shall have a bachelor's degree or higher;

d) Shall be at least 01 term of office old (for new appointments) or meet the remaining time of the term (for replacing Management Board members);

đ) Shall not be the spouse; father, mother, direct caregiver, or father, mother, direct caregiver of the spouse; biological or adopted child, daughter-in-law, son-in-law; full brother, sister, or brother, sister of the spouse as prescribed by law of the head, deputy head, or chief accountant of the public service institution;

e) Other standards and conditions as prescribed by the Party and the law.

Article 9. Conditions for Removal of the Chairman, Vice Chairman (if any), Secretary, and Management Board Members

1. The Chairman, Vice Chairman (if any), Secretary, and Management Board members shall be removed if they fall into one of the following cases:

a) There is a written request from the individual to resign from their duties;

b) They lose or are restricted in their capacity to act in civil matters;

c) They are unable to perform the assigned work due to poor health and have been absent from work for treatment for more than six months without recovery of working ability;

d) They are convicted by a court judgment or decision that has legal effect;

đ) They no longer meet the standards and conditions stipulated in Article 8 of this Circular;

e) They have been rated and classified as failing to complete their tasks for two consecutive years;

g) More than 50% of the total number of Management Board members submit a written proposal requesting removal;

h) They commit other violations as prescribed in the Regulations on the organization and operation of public service institutions and the Regulations on the operation of the Management Board;

i) They transfer jobs, retire, quit, or die;

k) Other cases as prescribed by the Party and the law.

2. The person authorized to appoint as stipulated in Clause 4, Article 7 of Decree No. 120/2020/NĐ-CP shall consider and decide on the removal of the Chairman, Vice Chairman (if any), and Management Board members.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular shall take effect from March 25, 2025.

Article 11. Transitional Provisions

In the case where public service institutions in the field of education and training under the management scope have established a Management Board before the date this Circular takes effect, ministries, ministerial-level agencies, government agencies, organizations under the Government,

Article 12. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government agencies, organizations under the Government,

2. In the event that the legal regulatory documents referred to in this Circular are amended, supplemented, or replaced by other legal regulatory documents, they shall be implemented in accordance with the provisions of the amended, supplemented, or replacing documents. If the legal regulatory documents referred to in this Circular become invalid, the corresponding provisions in this Circular shall also become invalid.

3. During the implementation of this Circular, if there are difficulties or obstacles, please reflect them to the Ministry of Education and Training for guidance and resolution in accordance with the regulations./.