Circular No. 04/2022/TT-BTP guiding the Management Board and standards, conditions for appointing and relieving members of the Management Board in public service units under the Justice 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

public service units under the Justice sector

  On the basis of Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

  On the basis of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units;

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

  The Minister of Justice issues this Circular guiding the Management Board and the criteria, conditions for appointment and removal of members of the Management Board in public service units under the Justice sector (hereinafter referred to as the Management Board).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the establishment, position, functions, tasks, powers, organizational structure, criteria, conditions for appointment and removal of members, operational regulations, and working relationships of the Management Board in public service units under the Justice sector (hereinafter referred to as the Management Board).

Article 2. Applicability

1. Public service units operating in fields within the jurisdiction of the Ministry of Justice include:

a) Public service units under the ministry;

c) Public service units under the department under the ministry.

2. Public service units under the Department of Justice under the People's Committee of provinces and centrally governed cities.

3. Agencies, organizations, and individuals related to the establishment and operation of the Management Board in public service units under the Justice sector.

4. The Management Board in public service units not falling within the scope prescribed in Clause 1 and Clause 2 of Article 3 shall be established in accordance with the provisions of specialized laws and the functions, tasks, powers, organizational structure, and operational regulations of this Management Board shall be implemented according to the guidance of the sectoral management agency.

Article 3. Principles and Conditions for Establishing the Management Board

The principles and conditions for establishing the Management Board shall be carried out in accordance with the provisions of 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 (hereinafter referred to as Decree No. 120/2020/NĐ-CP).

Chapter II
ESTABLISHMENT OF THE BOARD OF MANAGEMENT

Article 4. Authority to Decide on the Establishment of the Management Board

1. The Minister of Justice decides on the establishment of the Management Board in public service units operating in fields within the jurisdiction of the Ministry of Justice.

2. The Provincial People's Committee decides on the establishment of the Management Board in public service units under the Department of Justice.

Article 5. Documents for Requesting the Establishment of the Management Board

2. The project for establishing the Management Board;

3. The draft Operational Regulations of the Management Board;

4. Documents proving compliance with the conditions for establishing the Management Board as prescribed;

5. Minutes of the joint meeting and the conference of key cadres;

6. Written opinions of relevant agencies on the establishment of the Management Board;

7. Other relevant documents (if any).

Article 6. Plan for Establishing the Management Board

1. The necessity and legal basis for establishing the Management Board;

2. Position, functions, tasks, and powers of the Management Board;

3. The number and composition of Management Board members; specific tasks of Management Board members;

4. Proposed human resources plan for the Management Board;

5. Suggestions of the unit requesting the establishment of the Management Board (if any);

6. Other contents as prescribed by specialized laws (if applicable).

Article 7. Procedures for Establishing the Management Board

1. Seeking Approval from the Competent Authority on the Establishment of the Management Board

a) After exchanging and reaching consensus among the leadership of the unit regarding the policy to establish the Management Board, the head of the public service institution organizes a joint meeting between the unit's leadership, the Party committee, and representatives of political and social organizations to discuss the establishment, the proposed number, and the composition of members participating in the Management Board.

b) Based on the joint meeting, the head of the public service institution prepares a report proposing the establishment of the Management Board along with the minutes of the joint meeting to be submitted to the appraisal agency for presentation to the competent authority or person authorized to make decisions according to Article 4 of this Circular for approval of the policy to establish the Management Board.

For public service institutions under direct management of a superior unit, the head of the public service institution submits the report to the superior management agency for comments on the necessity, then sends it to the appraisal agency for presentation to the competent authority or person authorized to make decisions according to Article 4 of this Circular for approval of the policy to establish the Management Board.

2. Proposing the Establishment of the Management Board after the Competent Authority Approves the Policy

a) After receiving approval from the competent authority, the head of the public service institution directs the organization to prepare the Documentation for Establishing the Management Board, convenes a meeting of key cadres of the unit to provide opinions on the Proposal for Establishment, draft Regulation on Operation, and proposed personnel to participate in the Management Board of the unit. Personnel participating in the Management Board must meet the criteria and conditions stipulated in Article 15 of this Circular.

b) The meeting of key cadres of the unit includes the head, deputy heads of the head, the Party committee, the chairman of the trade union, the secretary of the youth league, leaders of subordinate departments (if any), and representatives of the superior management agency and directly superior agency (if any) of the public service institution.

c) Based on the results of the meeting of key cadres, the head of the public service institution directs the completion of the Documentation for Establishing the Management Board to be submitted to the appraisal agency for presentation to the competent authority or person authorized to make decisions according to Article 4 of this Circular.

For public service institutions under direct management of a superior unit, the head of the public service institution sends the Documentation to the superior management agency for review, which then forwards it to the appraisal agency for presentation to the competent authority or person authorized to establish the Management Board for decision according to Article 4 of this Circular.

3. Appraisal Agency for Documentation for Establishing the Management Board

a) The appraisal agency for Documentation for Establishing the Management Board in public service institutions under the jurisdiction of the Ministry of Justice and public service institutions under the Department of Justice of the provincial People's Committee shall be carried out in accordance with point b, Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP.

b) The appraisal agency specified in point a above conducts an appraisal of the contents concerning the necessity, number, composition, components, standards of Management Board members; functions, tasks, powers, Regulation on Operation of the Management Board, and other related contents.

4. Public Service Institution or Direct Superior Unit of the Public Service Institution, based on the results of the appraisal, completes the Documentation and reports to the competent authority or person authorized to examine and decide on the establishment of the Management Board.

5. Based on the documentation proposing the establishment and the documentation appraising the establishment of the Management Board, the competent authority or person authorized to establish the Management Board as stipulated in Article 4 of this Circular examines and decides on the establishment of the Management Board and approves the Regulation on Operation of the Management Board in the public service institution.

Chapter III
POSITION, FUNCTION, TASKS, POWERS, ORGANIZATIONAL STRUCTURE

AND REGULATION ON OPERATION OF THE MANAGEMENT BOARD

Article 8. Position of the Management Board

The Management Board represents the Ministry of Justice (for public service units under the management of the Ministry) or the People's Committee of the province (for public service units under the Department of Justice) at public service units.

Article 9. Functions, Tasks, Authorities of the Management Board

The functions, tasks, and powers of the Management Board shall be carried out according to paragraph 3 of Article 7 of Decree No. 120/2020/NĐ-CP.

Article 10. Number, Structure of Members of the Management Board

1. The Management Board consists of from five to eleven members depending on the specific characteristics of each unit, including the Chairman, Secretary, and other members. Depending on the requirements of the tasks, the Management Board may have a Deputy Chairman. The Chairman and other members of the Management Board are appointed by the head of the authority approving the self-management proposal of the public service unit. The term of office for Management Board members does not exceed five years.

2. Composition of the Management Board

a) The Chairman of the Board is the leadership representative of the public service unit or the representative of the superior managing agency of the public service unit, including representatives of the Ministry (for units under the Ministry), the leadership representative of the Department of Justice (for units under the Department of Justice) or the direct superior managing agency (if any), decided by the authorized person.

b) Representatives of the superior managing agency and the directly superior agency of the public service unit (in case the Chairman of the Board is the leadership representative of the public service unit) or the leadership representative of the public service unit (in case the Chairman of the Board is the representative of the superior managing agency, the directly superior agency).

The Secretary of the Board;

d) Representatives of the Party committee, chairman of the trade union, secretary of the youth league, leaders of subordinate departments (if any). In cases where there are no subordinate organizations, representatives of the staff of the public service unit will be appointed to join the Management Board.

đ) Representative of organizations with related interests (if any).

3. The number, structure, and specific composition of Management Board members are determined by the head of the authority approving the self-management proposal of the public service unit, and the number of members is regulated in Clause 1 of this Article.

Article 11. Principles and Working System of the Management Board

1. The Management Board operates based on the principle of collective work, decisions made by majority vote, except when the operational regulations of the Management Board stipulate a higher voting ratio; decisions of the Management Board are expressed through Resolutions. In case the number of votes in favor and against are equal, the decision will follow the opinion of the Chairman of the Board.

2. Representatives of the superior managing agency and the directly superior agency of the public service unit in the Management Board operate on a concurrent basis.

Members of the Management Board who are civil servants or officials from other agencies work on a concurrent basis; members of the Management Board who are officials of the public service unit can work on a dedicated or concurrent basis and are specified in the Proposal for Establishing the Management Board.

3. The Management Board organizes meetings according to the needs of the Management Board and as stipulated in the Operational Regulations of the Management Board. Meetings of the Management Board are considered valid if more than two-thirds of the members attend.

4. The Management Board operates according to the Operation Regulations approved by the agency or person with authority to decide on the establishment of the Management Board.

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

Article 12. Rules of Operation of the Management Board

1. The Management Board establishes the Operational Regulations of the Management Board and submits them to the authority for review as stipulated in Clause 3, Article 7 of this Circular for examination and submission to the competent authority for establishing the Management Board as stipulated in Article 4 of this Circular for approval.

2. The Rules of Operation of the Management Board shall 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 the Management Board;

d) The operational mechanism of the Management Board;

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

e) Work relationships;

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

3. In case it is necessary to amend or supplement the operational regulations, the Management Board approves the Operational Regulations of the Management Board and submits them to the authority for review to the competent authority for establishing the Management Board for approval as stipulated in Article 4 of this Circular.

Article 13. Work Relationships

1. Relations 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 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.

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

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 a 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 such resolutions before the Management Board;

c) The head of the public service unit has the responsibility to periodically or urgently report on the activities of the public service unit according to the requirements of the Management Board;

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

Article 14. Duties and Authorities of Management Board Members

1. Tasks and Authorities of the Chairman of the Management Board

a) Direct the Management Board to perform duties and exercise authorities as prescribed in Article 9 of this Circular;

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

c) Lead the preparation of the activity plan for each term and annually, quarterly of the Management Board; lead the implementation of resolutions of the Management Board;

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

đ) Signs documents of the Management Board;

e) Perform other duties and exercise other authorities as prescribed by law or according to the operational regulations of the Management Board.

2. Tasks and Authorities of the Vice-Chairman of the Management Board (if any)

a) Manages activities and signs documents according to the authorization of the Chairman of the Management Board;

b) Exercise duties and authorities of Management Board members as prescribed in Clause 3 of this Article and other duties and authorities as prescribed by the operational regulations of the Management Board.

3. Duties and Authorities of Management Board Members

a) Carry out tasks assigned by the Management Board; other duties and authorities as prescribed by law and the operational regulations of the Management Board and 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) Attends Management Board meetings, contributes opinions, and votes on issues discussed during Management Board meetings.

4. Secretary of the Management Board

Perform duties and authorities of Management Board members as prescribed in Clause 3 of this Article and directly assist the Chairman of the Management Board with the following tasks:

a) Compile information on the unit's activities to report to the Chairman of the Management Board; prepare agendas, documents, meeting invitations, and serve as secretary for Management Board meetings; draft, finalize, and archive Management Board documents;

b) Prepare reports and explanatory documents for state agencies and related agencies according to the duties and functions of the Management Board;

c) Other tasks assigned by the Chairman of the Management Board and as prescribed in the operational regulations of the Management Board;

Chapter IV
STANDARDS AND CONDITIONS FOR APPOINTMENT AND REMOVAL

OF MANAGEMENT BOARD MEMBERS

Article 15. Qualifications and Conditions for Management Board Members

1. For members of the Management Board:

a) Be a civil servant or public official. In cases where Management Board members represent organizations with related interests, they are not required to be civil servants or public officials;

b) They have good political qualities, ethics, and sufficient health to undertake the work;

c) Not during the period of implementing disciplinary decisions or under investigation for disciplinary actions according to the provisions of the law;

d) Having a bachelor's degree or higher;

d) Be at least 5 years old enough to work for at least one term of five years for civil servants and public officials;

e) Not being the spouse, parent, child, brother, sister, or sibling of the head, deputy head, or chief accountant of the public service unit.

2. For the Chairman of the Management Board

a) Meet the requirements stipulated in Clause 1 of this Article;

b) Have management capabilities and meet the conditions and qualifications of the head of a public service unit as prescribed by law and by the competent authority.

Article 16. Appointment of Management Board Members

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 17. Supplementing and Replacing Management Board Members

1. At least 60 days (sixty days) before the Chairman and other members of the Management Board complete their terms, the Chairman of the Management Board shall convene a meeting of the Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit to the agency specified in Clause 3 of Article 7 of this Circular for reporting to the authorized person to appoint Management Board members under Article 16 of this Circular to consider continuing supplementation or replacement.

After receiving approval, the Chairman of the Management Board shall convene a meeting of the Board to discuss, vote secretly to approve the continued supplementation or replacement personnel; submit the dossier to the agency for review and report to the authorized person to appoint Management Board members under Article 16 of this Circular for consideration and decision.

2. In cases where the Chairman and other members of the Management Board are absent before completing their terms or the Management Board needs to supplement members, the Chairman or Vice-Chairman (if any) of the Management Board shall convene a meeting of the Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit to the agency for review and report to the authorized person to appoint Management Board members under Article 16 of this Circular for consideration and approval.

After receiving approval, the Chairman or Vice-Chairman of the Management Board shall convene a meeting of the Board to discuss, vote secretly to approve the continued supplementation or replacement personnel; submit the dossier to the agency for review and report to the authorized person to appoint Management Board members under Article 16 of this Circular for consideration and decision.

3. For public service units with direct superior management units, the Management Board shall send a request for approval and a dossier proposing continued supplementation or replacement to the direct superior management agency for submission to the agency for review and report to the authorized person to appoint Management Board members under Article 16 of this Circular for consideration and decision.

4. The dossier requesting continued appointment, supplementation, or replacement includes:

a) Proposal document of the Management Board;

b) A document from the direct superior management agency of the public service unit proposing continued supplementation or replacement of Management Board members (if there is a direct superior unit);

c) Resolution, Minutes of the Management Board meeting;

d) Written opinion of the same-level Party Committee;

d) Curriculum vitae of the proposed continued supplementation or replacement personnel;

e) Other relevant documents and materials (if applicable).

Article 18. Removal of Management Board Members

1. A Management Board member shall be removed if they fall under any of the following circumstances:

a) There is a written request from the individual to withdraw from the Management Board;

b) Their civil capacity is restricted;

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) Being convicted by a court with a final judgment.

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

e) Other violations as stipulated in the organizational and operational regulations of the public service entity and the operational regulations of the Management Board;

g) They transfer jobs, retire, or resign.

2. When the Chairman or other members of the Management Board fall under any of the circumstances for removal, the Chairman or Vice-Chairman (if any) or Secretary (in the case of removing the Chairman and the Management Board does not have a Vice-Chairman) of the Management Board shall convene a meeting of the Management Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit the file to the competent authority for examination and report as provided in Article 16 of this Circular to consider the removal of the Chairman or Management Board member.

For public service entities with direct superior management units, the head of the public service entity shall submit the file requesting removal to the direct superior management authority for examination and report to the competent authority for appointment of Management Board members as provided in Article 16 of this Circular to consider the removal of the Chairman or Management Board member.

3. Dossier for Requesting Removal

a) The Management Board's written request for removal, clearly stating the reasons for removal and the written request from the individual to withdraw from the Management Board as provided in point a, Clause 1 of this Article;

b) A written request for removal of Management Board members from the immediate superior management agency of the public service unit (if there is an immediate superior agency);

c) Resolution, Minutes of the Management Board meeting;

d) The opinion in writing of the same-level Party Committee regarding the removal of Management Board members;

đ) Other related documents and materials (if any).

4. The competent authority for appointment of Management Board members as provided in Article 16 of this Circular shall examine and decide on the removal of Management Board members.

Chapter V
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from August 5, 2022.

Article 20. Responsibility for Implementation

1. Provincial People's Committees directly under the Central Government shall be responsible for directing the organization to implement this Circular. Based on the principles and conditions for establishing the Management Board in public service entities, they shall decide on the establishment of the Management Board in public service entities within their jurisdiction as prescribed in this Circular and in accordance with relevant laws.

2. Heads of agencies under the Ministry of Justice, Directors of Justice Departments of provinces and centrally-administered cities, heads of public service entities, and related agencies and organizations shall be responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals shall reflect them to the Ministry of Justice for guidance and resolution in accordance with regulations./.