Joint Circular No. 06/2007/TTLT-BGTVT-BNV guiding the ranking of public service units and state-owned enterprises under the transport sector

JOINT CIRCULAR

Guidelines on ranking public service units and services

under the transportation sectorbelonging to the transportation sector

     ___________________

Pursuant to Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of the Government on classification and ranking of public service organizations and services, after consultation with the Ministry of Finance, the Ministry of Transport, and the Ministry of Home Affairs, guidelines for ranking public service units and services under the transportation sector are hereby issued as follows::

I. GENERAL PROVISIONS

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

1.1 Public service units and services with legal personality, having separate accounts and seals, performing functions to serve state management or providing public products and services as stipulated in Article 16 of Decision No. 181/2005/QĐ-TTg and other public service units and services (not specified in this Decision) currently operating within the transportation sector, belonging to the following types of organizations, shall be ranked according to the guidelines set forth in this Circular:

a) Project Management Board for Investment Construction of Transportation Infrastructure and Traffic Safety Project Management Board (established when the investor directly manages the project or is still operational during the transitional period before being converted into a consulting management organization);

b) Marine, Air, Inland Waterway Port Authorities and Port Management Boards (where there is no Inland Waterway Port Authority);

c) Road Management Zones subordinate to the Vietnam Highway Administration;

d) Bus Station Management Board or Passenger Bus Station;

đ) Motor Vehicle Driver Licensing Examination Center;

e) Vietnam Maritime Search and Rescue Coordination Center;

g) Marine Information Reception and Transmission Center;

h) Technical Inspection Center for Motor Vehicles and Equipment;

i) River Section Management, Road Section Management, Ferry Terminal, or Combined Land-Water Section Management (operating during the transitional period before being converted into a business entity).

1.2 The ranking of public service units and services mentioned in points a, d, đ, and h of Clause 1.1 above, which belong to other ministries, sectors, and state-owned corporations, shall be carried out by the relevant ministries, sectors, and state-owned corporations.

1.3 Units without legal personality that are directly subordinate to the public service units and services mentioned in Clause 1.1 above shall not be ranked. The heads and deputy heads of such units shall be granted position allowances equivalent to those of Deputy Heads of Departments of public service units and services that have been ranked.

1.4 Previously or currently existing revenue-generating public service units that fully self-fund their regular operations, belonging to the organizational types mentioned in Clause 1.1, Section 1, Part I of this Circular but have been decided by competent state authorities to be converted into enterprises to perform public welfare tasks, shall follow the enterprise ranking guidelines issued by the Ministry of Labor, Invalids, and Social Affairs.

1.5 Ranking of universities, colleges, vocational schools; vocational training centers; scientific and technological organizations; medical facilities for treatment, rehabilitation, and preventive healthcare; newspapers and magazines under the transportation sector shall not apply this Circular but shall follow the ranking guidelines issued by the respective ministries managing education and training, labor, invalids, and social affairs, science and technology, health, culture, and information.

2. Purpose, principles, and implementation timeline for ranking

In addition to the general principles prescribed in Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of

2.1 The purpose of ranking public service units and services is to determine leadership position allowances for heads, deputy heads, and heads and deputies of assisting organizations within public service units and services; and to determine the organizational structure and scale of each unit in accordance with the level of management delegation.

2.2 The ranking of public service units and services must ensure compatibility with the nature, characteristics of activities, and investment and development capabilities of each type of organization within the transportation sector as determined by the criteria set forth in Appendices 1, 2, 3, 4, 5, and 6 attached to this Circular. For public service units and services whose organizational type is not clearly defined or are already specified in Article 16 of Decision No. 181/2005/QĐ-TTg but are directly subordinate to bureaus, corporations, or state companies under the Ministry of Transport, Provincial Transport Departments, or Provincial Transport and Civil Engineering Departments (hereinafter referred to collectively as Provincial Transport Departments), or state companies under provincial people's committees (hereinafter referred to collectively as Provincial People's Committees), they must be ranked in accordance with the provisions of Part II of this Circular to ensure reasonable correlation in the application of leadership position coefficients between the main management agency and the public service units and services directly subordinate to it. For public service units and services without specific ranking criteria, the ranking shall be conducted based on the principle:

a) Units directly subordinate to higher-level management shall be ranked higher than units subordinate to lower-level management;

b) The heads and deputy heads of units shall be granted leadership position allowances equivalent to those of the heads of advisory and assisting organizations within the main management agencies of the public service units and services, as stipulated in the Table of Leadership Position Allowances (Elected, Appointed) in state agencies, public service units of the state, and organizations under the People's Army and People's Public Security issued together with Decree No. 204/2004/NĐ-CP or the Table of Allowances for Department Heads and Deputy Department Heads in State-Owned Companies issued together with Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government on the wage scale and allowance system in state-owned companies.

2. 3. For public service units and public services that have been ranked, if during their operation they meet the criteria for re-ranking as stipulated in the annex of this Circular, the competent authority shall consider and decide on re-ranking after five years (sixty months) from the date of the ranking decision. The following special cases shall be ranked as follows:

a) Public service units and public services that undergo organizational restructuring such as changing the form of organization, changing the direct management level, merging or splitting shall be immediately re-ranked from the effective date of the organizational restructuring decision issued by the competent authority.

b) Public service units and public services that include multiple ranks as stipulated in this Circular, if continuously developed and achieve higher ranking criteria before the five-year period, may be considered for early re-ranking to the next higher rank, but not earlier than three years (thirty-six months).

II. SPECIFIC PROVISIONS ON RANKING PUBLIC SERVICE UNITS AND PUBLIC SERVICES

1. Ranking of public service units and public services

1. 1. Project Management Boards for construction of transportation infrastructure projects, Traffic Safety Project Management Boards: rank two, three, four, five, six. Only the ranking according to this Circular shall be implemented for Project Management Boards for construction of transportation infrastructure and Traffic Safety Project Management Boards with legal personality (no ranking for Project Management Boards using the legal personality of the project owner to manage the project).

1. 2. Port Supervision Units and Port Management Boards (where there is no Port Supervision Unit):

a) Marine Port Supervision Units: rank two, three, four;

b) Inland Waterway Port Supervision Units and Inland Waterway Port Management Boards (where there is no Inland Waterway Port Supervision Unit): rank three, four, five, six;

c) Air Port Supervision Units: rank two.

1. 3. Road Management Zones: rank two.

1. 4. Bus Station Management Boards or Passenger Bus Stations under the Department of Transport: rank four, five, six.

1. 5. Motor Vehicle Driving License Examination Centers under specialized agencies of ministries and the Department of Transport: rank five, six.

1. 6. Vietnam Maritime Search and Rescue Coordination Center (under the Vietnam Maritime Administration): rank two.

1. 7. Vietnam Maritime Security Information Reception and Transmission Center under the Vietnam Maritime Administration: rank three.

1. 8. Technical Inspection Centers for Motor Vehicles and Equipment under the Department of Transport: rank four, five, six.

1. 9. River Management Sections under the Vietnam Inland Waterways Administration: rank four.

1. 10. River Management Sections, Road Management Sections, Ferry Terminals or Combined River-Road Management Sections under the Department of Transport: rank five.

2. Table of position allowances for leaders based on the rank of public service units and public services

III. AUTHORITY, FILES, PROCEDURES FOR RANKING

1. Authority to decide on ranking

1. 1. The Minister of Transport decides on the ranking of public service units and public services directly under the Ministry, the National Traffic Safety Committee, and public service units and public services of rank two and three under the departments, state-owned corporations, and state-owned companies without a Board of Directors upon the proposal of the Director of the Department, the Board of Directors of the corporation, or the General Director (Director) of the company without a Board of Directors.

1. 2. The Director of the Department, the Board of Directors, or the General Director (Director) of a state-owned company without a Board of Directors decides on the ranking of public service units and public services under their management (except for units of rank two and three).

1. 3. The Chairman of the Provincial People's Committee decides on the ranking of public service units and public services managed by the Provincial People's Committee and the Department of Transport.

1. 4. The Minister managing the sector, the Board of Directors of state-owned corporations, and state-owned economic groups

2. Files for requesting ranking include:

- Proposal for ranking;

- Decision on establishment or organizational change (if applicable).

For public service units ranked according to the criteria issued together with this Circular, in addition to the above documents, the following must also be submitted:

- Results of scoring according to the criteria, based on the average data of the three consecutive years prior to the year of ranking request;

- List of officials, civil servants, and employees currently working at the unit (applicable to units with ranking criteria);

- Report on revenue and expenditure approved by the competent authority for the three consecutive years prior to the year of ranking request;

- List of equipment and basic facilities serving professional work;

- Other relevant documents related to the ranking criteria.

3. Authorities receiving and reviewing files

3. 1. The Cadre and Civil Servant Organization Department of the Ministry of Transport receives and reviews files for ranking of public service units and public services within its ranking authority.

3. 2. The Cadre and Civil Servant Department of state-owned corporations with a Board of Directors, or state-owned companies without a Board of Directors receives and reviews files for ranking of public service units and public services within their ranking authority.

3. 3. The Provincial Civil Service Department under the Provincial People's Committee receives and reviews files for ranking of public service units and public services within the province.

3. 4. The cadre and civil servant authorities of ministries, sectors, or state-owned corporations and economic groups

4. Time limit for deciding on ranking

Within thirty days from the date of receipt of complete and valid files, the competent authority must issue a decision on ranking public service units and public services.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 2736/BNV-TL dated September 14, 2005 of the Ministry of Home Affairs regarding allowances for leaders of project management boards under the Ministry of Transport and previous regulations on ranking public service units and public services operating in the transport sector that conflict with this Circular.

2. Units that have been ranked must re-rank in accordance with the provisions of this Circular. Public service units, public services, or the managing authorities of public service units and public services shall be responsible for submitting to the competent authority the application for ranking at the latest within thirty days from the date this Circular takes effect.

3. After the decision of the competent state agency on the ranking of public service units and public services, the competent authority shall re-determine the leadership position allowance for the beneficiaries.

The leadership position allowance implemented according to this Circular shall be back-paid and back-paid social insurance for the difference in allowances between the new and old rates from October 1, 2004 (cadres, civil servants, and public officials appointed after October 1, 2004 shall enjoy the leadership position allowance according to the guidance of this Circular from the date of appointment by the competent authority), in accordance with the provisions of Clause 2, Section IV of Circular No. 02/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of the leadership position allowance system for cadres, civil servants, and public officials. In cases where the leadership position allowance under this Circular is lower than the current leadership position allowance being enjoyed, the new leadership position allowance shall be enjoyed from the date the competent authority decides without retroactive collection.

4. For other public service units and public services not specified in this Circular, the ranking shall be applied according to the principle stipulated in Point b, Subsection 2.2 Part I of this Circular.

5. Units subordinate to the Ministry of Transport, People's Committees of provinces, ministries, sectors, and state-owned holding companies and economic groups established by the Prime Minister's decision shall annually submit reports on the previous year's implementation of the ranking of public service units and public services they manage (in accordance with Appendix No. 7 attached to this Circular) on March 15 of the following year.

During the implementation process, if there are any difficulties, agencies and units are requested to report to the Ministry of Transport and the Ministry of Home Affairs for study and resolution./.