Circular No. 05/2018/TT-BGTVT guiding the Management Board in public service units under the transport sector

CIRCULAR
Guidelines on the Management Board in public service units under the transport sector
The Minister of Transport issues this Circular

Pursuant to Decree No. 55/2012/NĐ-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units;

Pursuant to Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government stipulating the self-management mechanism of public service units;

Pursuant to Decree No. 141/2016/NĐ-CP dated October 10, 2016 of the Government stipulating the self-management mechanism of public service units in the field of economic affairs and other public services;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.

||| This Circular provides guidelines on the establishment, functions, tasks, powers, organizational structure, and operational regulations of the Management Board in public service units under the transport sector (hereinafter referred to as the Management Board). 

PART I
GENERAL PROVISIONS

Article 1. Scope of application

Public service units established by state authorities in accordance with the law, having legal personality, providing public services for state management under the transport sector (hereinafter referred to as public service units), including: driving license examination, vehicle inspection for motor vehicles, and other public services under the transport sector (excluding public service units under the transport sector within the people's armed forces).

Article 2. Applicability

Principles and conditions for establishment

ESTABLISHMENT AND STRENGTHENING OF THE MANAGEMENT COUNCIL

Chapter II
ESTABLISHMENT OF THE BOARD OF MANAGEMENT

Article 3. a) Public service units that self-fund their regular expenses and investments must establish a Management Board to decide important matters during the unit’s operation;

2. Forms of organization and criteria for establishment:

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.

2. Conditions for establishment:

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

Article 4. Procedures for establishment

Public service units meeting the conditions specified in Clause 2 of Article 3 of this Circular shall prepare documents to submit to the competent state agency as stipulated in Article 6 of this Circular for consideration and decision on the establishment of the Management Board. The procedures for establishment shall be carried out in accordance with the provisions of Article 4 of Circular No. 03/2016/TT-BNV dated May 25, 2016, issued by the Minister of Home Affairs guiding the establishment and operation of the Management Board in public service units.

Proposal for establishment

Article 5. The proposal for establishing the Management Board shall be prepared by the public service unit and submitted to the competent authority or person for consideration and decision on establishment. The contents of the proposal shall comply with the provisions of Clause 2 of Article 5 of Circular No. 03/2016/TT-BNV dated May 25, 2016, issued by the Minister of Home Affairs guiding the establishment and operation of the Management Board in public service units.

Article 6. Authority to decide on establishment

The Minister decides on the establishment of the Management Board in public service units under his/her Ministry's management, and the Chairman of the Provincial People's Committee decides on the establishment of the Management Board in public service units under local management.

FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND REGULATIONS

Chapter III
FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE AND REGULATIONS
ACTIVITIES OF THE MANAGEMENT BOARD

Article 7. Position and Functions

1. The Management Board is the representative of the Ministry, Provincial People's Committee at public service units.

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 public service units.

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.

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

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.

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.

9. Approves the establishment, restructuring, dissolution of component units of public service units; job position determination schemes of public service units before submitting them to competent authorities. VIETNAMESE VALUATION STANDARDS.

10. Approves financial plans, fee levels for specialized and professional activities; basic indicators in specialized and professional activities and annual financial settlement reports of public service units.

Article 9. Organizational Structure

1. The Management Board consists of from five to eleven members, including the Chairman and other members.

2. The structure of the Management Board includes:

a) The head, some deputy heads of the head, Secretary of the Party Committee, Chairman of the Trade Union, representatives of some departments and offices of public service units;

b) Representatives of the superior management agency of public service units, including representatives of the Ministry, Provincial People's Committee or the directly superior management agency (if any); working under a concurrent appointment system.

Article 10. Operation Mechanism

1. The Management Board convenes regular meetings at least once every three months and extraordinary meetings when necessary upon the request of the Chairperson. The Management Board operates under a collective working system. Meetings of the Management Board are considered valid when at least two-thirds of members are present.

2. Decisions or resolutions of the Management Board are adopted when more than 50% of the total number of members listed on the Management Board agree.

3. The Management Board may use the administrative support staff and seal of the public service unit to perform its tasks.

4. The Chairperson of the Management Board receives leadership position allowances equivalent to those of the head of public service units; allowances for other members of the Management Board are stipulated in the internal regulations on organization and operation and internal financial regulations of public service units as prescribed by law. Operating costs of the Management Board, allowances for the Chairperson, and allowances for other members (if any) are included in the operating expenses of public service units as prescribed by law.

5. The operation mechanism of the Management Board is specifically defined in the operational regulations of the Management Board.

Article 11. Working Relationships

1. Relationship 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 public service units manages and directs the activities of the unit to implement the resolutions of the Management Board and is responsible for the results of implementing the resolutions before the Management Board.

2. 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 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.

3. Work relations of the Management Board are specifically detailed in the Operational Regulations of the Management Board.

Article 12. Operational Regulations

1. The Operation Regulation of the Management Board includes the following main contents:

a) General provisions;

b) Tasks and authorities of members;

c) Operation mechanisms;

d) Working relationships;

đ) Other provisions ensuring the operation of the Management Board in accordance with the law (if any).

2. The Management Board establishes the Operational Regulations of the Management Board and submits them to the competent authority establishing the Management Board for approval. 

Chapter IV
TASKS, AUTHORITIES, STANDARDS FOR MANAGEMENT BOARD MEMBERS,
APPOINTMENT AND REMOVAL OF THE CHAIRPERSON AND OTHER MEMBERS OF THE MANAGEMENT BOARD
MANAGEMENT

Article 13. Duties and Authorities of the Chairman of the Management Board

1. Direct the preparation of quarterly and annual activity plans for the Management Board.

2. Direct the preparation of agendas and materials for meetings or solicitation of opinions from members of the Management Board.

3. Summon and chair meetings or solicit opinions from members of the Management Board.

4. Lead the implementation of resolutions of the Management Board.

5. Organize supervision and evaluation of the results of strategic objectives, operational outcomes of public service units, and management performance of heads of public service units.

6. Manage the Management Board to carry out tasks stipulated in Article 8 of this Circular.

7. Perform other duties and authorities as prescribed by law and the operational regulations of the unit.

Article 14. Duties and Authorities of Members of the Management Board

1. Attend meetings of the Management Board.

2. Propose to the Chairman of the Management Board the content and issues for discussion at the Management Board meetings.

3. Contribute opinions and vote on issues discussed in Management Board meetings.

4. Carry out tasks assigned by the Management Board; perform other duties and authorities as prescribed by law and the operational regulations of the unit.

Article 15. Qualifications of the Chairman and Members of the Management Board

1. Management Board members must meet the following standards:

a) Be a civil servant or officer and have reached the minimum age required to serve a full term.

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

c) Not currently serving a disciplinary sanction;

d) Having a bachelor's degree or higher;

d) Have experience in specialized work or management.

e) Not be the spouse, father, adopted father, mother, adopted mother, child, adopted child, brother, sister, brother-in-law, sister-in-law, or sister-in-law, brother-in-law of the head, deputy head, or chief accountant of the public service unit.

g) Other qualifications and conditions as prescribed by the competent authority deciding on the appointment of the Chairman and members of the Management Board.

2. The Chairman of the Management Board must meet the qualifications stipulated in Clause 1 of this Article and those of the head of a public service unit.

Article 16. Appointment of the Chairman and Members of the Management Board

1. The Chairman and members of the Management Board are appointed by the Minister or the Chairman of the People's Committee of the province.

2. The term of office of the Chairman and other members of the Management Board is five years.

3. The procedures and formalities for appointing the Chairman and members of the Management Board shall be carried out in accordance with the provisions of the law.

Article 17. Removal of the Chairman and Members of the Management Board

1. The Chairman and members of the Management Board shall be removed if they fall under any of the following circumstances:

a) An individual submits a resignation request to leave the Management Board;

b) Their civil capacity is restricted;

c) Lack the health to perform assigned tasks and have been on sick leave for more than six months without recovery of work capacity;

d) Being convicted by a court judgment that has taken effect;

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

e) Committing other violations as specified in the organizational and operational regulations of the public service unit and the Management Board.

g) Other cases as prescribed by the competent authority deciding on the appointment of the Chairman and members of the Management Board.

2. The Management Board has the responsibility to examine and make decisions on the removal of the Chairman and members of the Management Board and submit the dossier to the competent authority for decision. The dossier includes: A report detailing the reasons for removal and related documents and evidence.

3. Within thirty working days from the date of receipt of the complete dossier submitted by the unit, the head of the competent authority for appointment shall issue a decision on removal; in case of disagreement, a written response with detailed reasons must be provided.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Responsibilities for implementation

1. Responsibilities of Ministries and People's Committees of provinces having public service units in the field of transportation:

a) Direct public service units under their jurisdiction to meet the conditions for establishing the Management Board as prescribed in this Circular.

b) Decide on the establishment of the Management Board; appoint and remove the Chairman and members of the Management Board; approve the operational regulations of the Management Board as prescribed in this Circular and the law.

2. Responsibilities of public service units:

Public service units subject to this Circular are responsible for preparing proposals for the establishment of the Management Board and submitting them to the competent authority for examination and decision-making as prescribed in this Circular and the law.

Article 19. Effective Date

This Circular takes effect from April 15, 2018.

Article 20. Implementation

1. Ministries, People's Committees of provinces having public service units in the field of transportation, heads of relevant agencies and units, and public service units are responsible for implementing the provisions of this Circular.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Department Heads, the Director-General of the Vietnam Highway Administration, Bureau Chiefs, and heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular.

3. In the course of implementation, if there are difficulties or obstacles, agencies and units are requested to report to the Ministry of Transport for research and resolution according to regulations./.