Circular No. 07/2022/TT-BTP stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the judicial sector.

CIRCULAR

Criteria for classification, conditions for establishment, merger, consolidation,

dissolution of public service units under the judicial sector

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Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP;

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;

Pursuant to Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government stipulating the establishment, restructuring, and dissolution of public service organizations;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering goods or services, or tendering for the provision of public products and services using state budget funds from regular expenditure;

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.

The Minister of Justice issues this Circular stipulating criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the judicial sector.

PART I

GENERAL PROVISIONS

This Circular stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the judicial sector that engage in public service activities in the following fields: legal aid; state compensation; criminal record; notarization; auction of assets; registration of security measures; legal support and legal consultation.

Article 2. Applicability

1. Public service units established by competent authorities in accordance with the law and operating public services in the judicial sector as specified in Article 1 of this Circular.

2. Agencies, organizations, and individuals related to the establishment, merger, consolidation, and dissolution of public service units under the judicial sector.

Article 3. Principles for establishment, merger, consolidation, and dissolution of public service units

The establishment, merger, consolidation, and dissolution of public service units under the judicial sector must comply with the provisions of Article 4 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

CRITERIA FOR CLASSIFICATION OF PUBLIC SERVICE UNITS UNDER THE JUDICIAL SECTOR

Article 4. Classification based on functions and tasks

1. Public service units serving state administration

a) Public service units performing the function of research to serve strategic planning and the development and improvement of legal systems and policies in the judicial sector;

b) Public service units performing the function of building, managing, and exploiting information, providing legal support;

c) Public service units performing other functions to serve state management in the judicial sector.

2. Public service units providing public services

a) Public service units providing public services funded by the state budget or basic and essential public services in the judicial sector according to the list approved by the competent authority;

b) Public service units providing other public services in the judicial sector.

3. Public service units serving state management and providing public services are units performing one or more functions and tasks specified in Clause 1 and one or more functions and tasks specified in Clause 2 of this Article.

Determining the type of public service unit in this clause is based on the functions and tasks of the public service unit approved by the competent authority.

Article 5. Classification based on the competent authority for establishment

1. Public service units established within the authority of the Government.

2. Public service units established within the authority of the Minister of Justice.

3. Public service units established within the authority of the People's Committees of provinces and centrally-administered cities.

4. Public service units established by other subjects in accordance with the law.

Article 6. Classification based on financial autonomy

1. Classification based on the level of financial autonomy of public service units

a) Public service units that self-fund regular expenses and investment expenses;

b) Public service units that self-fund regular expenses;

c) Public service units that partially self-fund regular expenses;

d) Public service units funded by the state budget for regular expenses.

2. Determination of the level of financial autonomy of public service units in the judicial sector at this clause shall be carried out in accordance with the provisions of the Government's Decree stipulating the mechanism of financial autonomy for public service units.

Chapter III

CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS IN THE LEGAL SECTOR

Article 7. Conditions for Establishing Public Service Units

1. The establishment of public service units in the legal sector must meet the conditions stipulated in points a, c, d, đ of Clause 1, Article 5 of Decree No. 120/2020/NĐ-CP.

2. In addition to the general conditions stipulated in Clause 1 of this Article, the establishment of public service units in the legal sector must also meet other conditions as prescribed by relevant laws.

Article 8. Conditions for merging and consolidating public service units

1. Merger and consolidation of public service units shall be carried out when meeting the conditions stipulated in Clause 2, Article 5 of Decree No. 120/2020/NĐ-CP.

2. Public service units formed after merger and consolidation must satisfy the conditions for establishing public service units as stipulated in Article 7 of this Circular and relevant laws. Merger and consolidation of public service units must ensure that the level of financial autonomy of the unit is not reduced; in cases where units with different levels of financial autonomy are merged or consolidated, the level of financial autonomy of the resulting public service unit will be determined by the competent authority.

Article 9. Conditions for dissolving public service units

1. Dissolution of public service units shall be carried out when one of the conditions stipulated in points a, b, c, d of Clause 3, Article 5 of Decree No. 120/2020/NĐ-CP and other dissolution conditions as prescribed by specialized laws are met.

2. Public service units can only proceed with dissolution after completing all financial, property, land, loan, debt, and other related obligations and obtaining written confirmation from the competent authority.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from December 19, 2022.

Article 11. Responsibility for Implementation

1. Provincial People's Committees directly under the Central Government are responsible for directing the implementation of this Circular.

2. Heads of units under the Ministry of Justice, Directors of Legal Departments of provinces and centrally governed cities, heads of public service units, and related agencies and organizations are responsible for implementing this Circular.

3. During implementation, if there are difficulties or obstacles, agencies and units are requested to report them in writing to the Ministry of Justice for guidance and resolution in accordance with regulations./.