Joint Circular No. 07/2009/TTLT-BGDĐT-BNV guiding the implementation of autonomy and responsibility for public educational and training institutions regarding their tasks, organizational structure, and staffing.

JOINT CIRCULAR

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. These joint circulars guide the implementation of autonomy and self-responsibility regarding task execution, organizational structure, and staffing for publicly funded educational and training institutions (hereinafter referred to as units) that have legal personality, their own seals and separate bank accounts, established by competent state management agencies.

Article 2. Applicability

1. These joint circulars apply to:

a) Early childhood education facilities;

b) Primary and secondary schools;

c) Vocational secondary schools;

d) Higher education facilities;

d) Continuing education centers;

e) Specialized schools;

g) Schools for training and retraining civil servants and employees.

2. Other units shall implement autonomy and self-responsibility regarding task execution, organizational structure, and staffing according to the following regulations:

a) News agencies and magazines directly under the Ministry of Education and Training and directly under higher education institutions shall apply the provisions of this joint circular until specific guidance from the Ministry of Information and Communications is issued;

b) Scientific and technological organizations in the field of education shall implement according to Decree No. 115/2005/NĐ-CP dated September 5, 2005 of the Government stipulating the mechanism of autonomy and self-responsibility for public scientific and technological organizations;

c) Health service institutions in the field of education shall implement according to Joint Circular No. 02/2008/TTLT-BYT-BNV dated January 24, 2008 of the Ministry of Health and the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government stipulating autonomy and self-responsibility regarding task execution, organizational structure, staffing, and finance for publicly funded institutions in the health sector.

Chapter 2

AUTONOMY AND SELF-RESPONSIBILITY REGARDING TASK EXECUTION, ORGANIZATIONAL STRUCTURE, AND STAFFING

Article 3. Autonomy and self-responsibility regarding task execution

1. Determination of tasks for building plans and organizing implementation Based on the long-term program and plan of the unit approved by the competent authority, the head of the unit shall perform the following tasks:

a) Building and approving the annual activity plan of the unit and reporting to the competent authority as prescribed by law;

b) Specifying concrete measures and being responsible for organizing implementation to ensure quality and progress for tasks assigned or contracted by state agencies, agreements, and contracts with organizations and individuals as prescribed by law;

c) Organizing service activities consistent with the specialized field and capacity of the unit as prescribed by law.

2. Joint ventures and collaborations

a) The head of the unit may organize joint ventures, collaborations, and contracts with domestic organizations and individuals regarding education, scientific research, scientific and technological services, and other economic contracts, consistent with the unit's capacity and specialized field as prescribed by law;

b) For units that self-fund their operations or partially self-fund their operations (as stipulated in Article 9 of Decree No. 43/2006/NĐ-CP), the head of the unit may decide to purchase assets, invest in construction of facilities from the development fund for public services, raised capital, according to the planning approved by the competent authority; participate in bidding for service activities consistent with the unit's specialized field; use assets for joint ventures, collaborations, or joint venture investments with domestic and foreign organizations and individuals to purchase equipment and machinery for service activities consistent with the unit's functions and tasks as prescribed by law.

3. International Cooperation

a) For higher education institutions, the head of the unit may:

- Build and implement plans for outbound and inbound exchanges using revenue from public services, grants, donations, and other lawful sources of income of the unit as prescribed by law;

- Cooperate with foreign organizations and individuals in the fields of education and scientific research and implement projects, programs, and topics of the unit as prescribed by law;

- Proactively cooperate and collaborate with foreign higher education institutions to train and develop staff and exchange students to improve the quality of staff and training as prescribed by law;

- Decide to send and receive staff members in the unit to study, train, tour, and survey abroad as stipulated in point b Clause 5 Article 7 of this joint circular;

- Decide to invite foreign experts to teach and conduct scientific research based on the funding source and financial capability of the unit and as prescribed by the competent authority; manage technical assistance programs and investment programs funded by ODA as prescribed by law.

b) For units specified in points a, b, c, d, e, and g Clause 1 Article 2 of this joint circular, they shall implement autonomy and self-responsibility regarding international cooperation as prescribed by law.

Article 4. Right to autonomy and responsibility for organizational structure

1. The head of the unit shall decide on the establishment, restructuring, merger, division, separation, dissolution, and suspension of activities of departments, offices, and other named organizations under its jurisdiction (if any), based on planning or schemes that have been approved by competent authorities in accordance with the law.

2. The head of the unit shall establish, reorganize, and dissolve subordinate public service organizations that self-finance their operational costs to provide services consistent with their assigned functions and tasks and the scheme of autonomy and responsibility for implementing tasks, organizational structure, and staffing approved by competent authorities in accordance with the law.

Article 5. Right to autonomy and responsibility for staffing

1. For units that self-finance their operational costs, the head of the unit shall independently decide on staffing and annually report to the direct superior management authority before July 30 each year for consolidation, monitoring, and inspection.

2. For units that partially self-finance their operational costs and those fully financed by the state budget, based on assigned functions and tasks, actual work needs, staffing norms for public services in educational institutions as prescribed by competent authorities, and financial capacity, the head of the unit shall develop annual staffing plans to be submitted to competent authorities for approval in accordance with the law.

3. The head of the unit may enter into contracts for hiring or outsourcing for tasks that do not require regular staffing; sign labor contracts and other forms of cooperation with experts and scientists both domestically and internationally to meet the specialized requirements of the unit in accordance with the law.

Chapter 3

RIGHTS TO AUTONOMY AND RESPONSIBILITY FOR RECRUITMENT, MANAGEMENT, AND USE OF STAFF, CIVIL SERVANTS, AND CIVIL SERVICE OFFICERS

Article 6. Right to autonomy and responsibility for recruitment

1. Annually, based on approved staffing plans, the head of the unit shall develop recruitment plans, specifying the number and structure needed for each rank, conditions, standards, methods, and timeframes for recruitment, and report to competent authorities for approval. For units that self-finance their operational costs, the head of the unit has the right to decide on recruitment plans and methods.

2. The head of the unit shall recruit civil servants through employment contracts following examinations or selections suitable to the specific professional characteristics of each field and the particular conditions of the unit in accordance with the law.

3. Recruitment of civil servants in public education and training establishments shall be carried out in accordance with the Government's guidelines for implementing the Law on Cadres and Civil Servants.

Article 7. Right to autonomy and responsibility for management and use of staff, civil servants, and civil service officers

1. Regarding signing employment contracts, appointing to ranks, upgrading ranks, and transferring ranks

a) The head of the unit has the right to sign employment contracts; appoint to ranks for recruited personnel based on ensuring they meet the required standards and are compatible with the professional job titles according to the law;

b) The head of the unit shall submit to competent authorities for decisions on appointing to ranks and transferring ranks for senior specialist positions and equivalents; decide on transferring ranks and appointing to ranks after training or promotion exams for personnel under the unit’s management from junior specialist positions and equivalents according to the law.

2. Regarding arranging, assigning, distributing tasks, transferring, secondment, receiving, rotation, retirement, resignation, termination of employment contracts for staff, civil servants, and civil service officers under the unit’s management

a) The head of the unit is responsible for arranging, assigning, and distributing tasks, and assigning duties to staff, civil servants, and civil service officers of the unit in accordance with their educational qualifications and ranks, ensuring necessary systems, policies, and conditions for them to perform their tasks;

b) The head of the unit has the right to:

- Decide on transferring, secondment, receiving, and rotating staff, civil servants, and civil service officers under the unit’s management from junior specialist positions and equivalents according to the law;

- Decide on retirement, resignation, and termination of employment contracts for staff, civil servants, and civil service officers within the scope of management. For those holding ranks outside this scope, decisions on retirement, resignation, and termination of employment contracts are made by higher-level competent authorities according to the law.

c) Decisions on transferring, secondment, retirement, and resignation concerning the head of the unit and deputy heads are decided by the competent management authority according to the分级管理系统权限。由于您的请求涉及大量法律条款的翻译，我将直接提供翻译结果，而不进行额外解释。

3. Regarding appointment, reappointment, rotation, resignation, removal, and dismissal of leadership and management positions in the unit The head of the unit shall submit to competent authorities for decisions on appointing, reappointing, rotating, resigning, removing, and dismissing deputy heads; decide on appointing, reappointing, rotating, resigning, removing, and dismissing leadership and management positions in subordinate organizations according to the law and be responsible for these decisions.

4. Regarding salary grade advancement

a) The head of the unit has the right to decide on regular and early salary grade advancements and seniority allowances exceeding the ceiling for staff, civil servants, and civil service officers under the unit’s management from junior specialist positions and equivalents according to the law;

b) Salary grade advancements for the head of the unit and deputy heads are decided by the competent management authority according to the分级管理系统权限。请允许我继续完成剩余部分的翻译。

c) In cases of regular and early salary grade advancements and seniority allowances exceeding the ceiling for staff, civil servants, and civil service officers in senior specialist positions and equivalents, the head of the unit shall propose to the competent national administrative authority for decision.

5. Regarding training and development

a) Annually, based on the staffing quota and training needs, the head of the unit shall develop and implement a plan for training and enhancing the cadre, civil servant, and public officer workforce of the unit.

b) Regarding overseas training and enhancement:

- The head of the higher education institution has the authority to decide on sending and receiving cadres, civil servants, and public officers within the unit to study, train, visit, and survey abroad. For the head of the unit, this decision is made by the immediate superior administrative authority. In cases where studying and training abroad is funded by state budget scholarships and bilateral agreements, the supplementary living expenses and related benefits are decided by the Ministry of Education and Training.

- For units specified in points a, b, c, đ, e, and g of Clause 1, Article 2 of this Joint Circular, the dispatching and receiving of cadres, civil servants, and public officers within the unit to study and train abroad shall be carried out in accordance with the provisions of the law.

c) Regarding domestic training and enhancement: The dispatching and receiving of cadres, civil servants, and public officers within the unit to study and train domestically shall be carried out in accordance with the provisions of the law.

6. On rewards and disciplinary actions

a) The head of the unit has the right to decide on rewarding and disciplining cadres, civil servants, and public officers within the unit through forms of reward as prescribed by the law on commendation and reward.

b) Rewards and disciplinary actions against the head of the unit and deputy heads of the unit are decided by the immediate superior administrative authority.

Chapter 4

IMPLEMENTATION

Article 8. Responsibilities of the Head of the Unit

The head of the unit is the legal representative of the unit in relations with organizations and individuals; bears responsibility for the activities of the unit within the scope of the powers and responsibilities assigned. The head of the unit has the following specific responsibilities:

1. To disseminate and implement Decree No. 43/2006/ND-CP and guiding documents to all cadres, civil servants, and public officers within the unit; unify leadership, Party committee, and trade union organization of the unit regarding policies, implementation timeframes, and short-term and long-term development orientations.

2. To direct the development of an autonomy plan in accordance with Decree No. 43/2006/ND-CP to be submitted to the competent authority for approval before August 2009.

3. To bear full responsibility for implementing the information and regular reporting system according to schedule and ad hoc reports as required by the immediate superior administrative authority regarding the activities of the unit.

4. To issue regulations on work procedures; democratic regulations of the agency; reward and disciplinary regulations; recruitment and employment regulations for cadres, civil servants, public officers, and employees, and other regulations to ensure the implementation of the autonomy and self-responsibility system in accordance with the approved autonomy implementation plan and the charter of the unit's organization and operation.

5. To coordinate with the Party committee and the Trade Union Executive Committee at the same level on the following matters:

a) To report and seek opinions from the Party committee and the University Council (if any) of the unit before proposing to the superior or deciding issues such as development planning, five-year plans, annual plans, and implementation measures; establishment, reorganization, dissolution of specialized business organizations and organizations with different names under the unit; appointment, reappointment, removal, resignation, reward, and disciplinary action for management positions; labor restructuring plans;

b) To seek opinions from the Trade Union Executive Committee of the unit on matters such as democratic regulations of the agency; work procedure regulations; reward and disciplinary regulations; recruitment and employment regulations for cadres, civil servants, public officers, and employees; joint venture and cooperation plans; to organize the annual staff meeting in accordance with the law in coordination with the Trade Union Executive Committee at the same level;

c) To report and seek opinions from the staff meeting or key officials of the unit before proposing or deciding issues such as development planning, five-year plans, annual plans, and implementation measures of the unit; labor restructuring plans; democratic regulations of the agency.

6. To submit written requests for opinions from the immediate superior administrative authority in cases where the Party committee and the Trade Union Executive Committee at the same level have inconsistent views on the contents stipulated in point a and b of Clause 5 of this Article.

7. To send decisions to the main managing authority within ten days from the date of signing decisions on organizational structure, staffing, and personnel as stipulated in Articles 6, 7, and 8 of Decree No. 43/2006/ND-CP.

Article 9. Responsibilities of Ministries, ministerial-level agencies, and People's Committees of provinces and centrally governed cities

1. Ministries, ministerial-level agencies, and People's Committees of provinces and centrally governed cities shall implement their responsibilities as prescribed in Article 32 of Decree No. 43/2006/NĐ-CP and shall be responsible for directing and organizing the implementation of this Circular; they shall organize interim reviews and evaluations of the implementation situation and submit reports to the Ministry of Education and Training and the Ministry of Home Affairs before December 31 each year.

2. The competent authority granting autonomy and self-responsibility rights to public service units shall approve the plan within fifteen working days from the date of receipt of the submitted plan.

The content of the plan for autonomy and self-responsibility of the unit does not need to detail financial matters, but the dossier submitted to the supervising agency must include the decision on granting autonomy and self-responsibility rights in finance by the competent authority and related documents.

Article 10. Effective Date

1. This Circular shall take effect forty-five days from the date of issuance.

2. During the implementation process, if there are arising issues or difficulties, it is requested that agencies, organizations, and units report them to the Ministry of Education and Training and the Ministry of Home Affairs for consideration and resolution./.