Circular No. 07/2024/TT-BLDTBXH guiding the functions, tasks, powers, organizational structure, operational regulations of the Management Board and the criteria, conditions for appointing and relieving members of the Management Board in public service units under the labor, war invalids, and social affairs sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Agencies, organizations, and individuals related to the establishment and operation of the Management Council in public service units.

Article 2. Applicability

Principles and conditions for establishing the Management Council shall be implemented in accordance with the provisions of Clause 1 and Clause 2, 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).

ESTABLISHMENT AND STRENGTHENING OF THE MANAGEMENT COUNCIL

Article 3. Principles and Conditions for Establishing the Management Board

Article 4. Authority to establish the Management Council

Chapter II

The authority to establish the Management Council shall be implemented in accordance with the provisions of Clause 7, Article 7 of Decree No. 120/2020/NĐ-CP.

Article 5. Documents and procedures for establishing the Management Council

1. Documents for requesting the establishment of the Management Council include:

a) A document proposing the establishment of the Management Council from the public service unit; a document proposing the establishment of the Management Council from the direct supervisory authority of the public service unit (if applicable). The direct supervisory authority of a public service unit under a bureau or general bureau under a ministry is the bureau or general bureau under the ministry; the direct supervisory authority of a public service unit under the Department of Labor, Invalids and Social Affairs under the provincial People's Committee is the Department of Labor, Invalids and Social Affairs;

b) A proposal for the establishment of the Management Council;

c) A draft Operational Regulation of the Management Council;

d) Relevant documents proving compliance with the conditions for establishing the Management Council as prescribed;

đ) Written opinions of relevant agencies regarding the establishment of the Management Council;

e) Other relevant documents (if any).

2. Procedures for establishing the Management Council

The procedures for establishing the Management Council shall be carried out in accordance with the provisions of Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP.

2. Procedures for establishing the Management Board

The procedures for establishing the Management Board shall be carried out in accordance with Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP.

Article 6. Plan for Establishing the Management Board

The plan for establishing the Management Board includes the following contents:

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

2. Position, functions, structure, and composition of members of the Management Board; specific tasks of members of the Management Board.

4. Proposed functions, tasks, and authorities of the Management Board.

3. Number and personnel of the Management Board.

5. Suggestions from the unit proposing to establish the Management Board (if applicable).

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

Article 7. Improving the Management Board

1. Improving the Management Board during the term

At least three (3) months before the end of the term, the incumbent Chairman of the Management Board convenes a meeting of the Management Board, proposes the competent authority to establish the Management Board according to the provisions of Article 4 of this Circular to improve the Management Board for the next term.

2. Improving members of the Management Board during the term

In case the Management Board is missing members, the Chairman of the Management Board convenes a meeting of the Management Board, selects replacement personnel based on the composition of the missing members, reports to the competent authority for approval of the self-management proposal of the public service unit to decide on appointing members of the Management Board according to regulations.

In case the Chairman of the Management Board is missing, the Deputy Chairman of the Management Board (if any) or the Secretary of the Management Board reports to the competent authority for approval of the self-management proposal of the public service unit to decide on appointing the Chairman of the Management Board according to regulations.

In case the Chairman of the Management Board, the Deputy Chairman of the Management Board (if any), and the Secretary of the Management Board are all missing at the same time, the head of the public service unit reports to the competent authority for approval of the self-management proposal of the public service unit to decide on appointing the Chairman of the Management Board, the Deputy Chairman of the Management Board (if any), and the Secretary of the Management Board according to regulations.

For public service units with a direct superior management agency, the Management Board reports and sends the files for improving members of the Management Board to the direct superior management agency for review and comments; the direct superior management agency has the responsibility to report and submit to the competent authority for approval of the self-management proposal of the public service unit to review and appoint members of the Management Board, including the Chairman of the Management Board according to regulations.

The deadline for organizing the improvement of members of the Management Board is thirty (30) days from the date when there is a missing member.

3. Files for Improving the Management Board

a) Proposal document of the Management Board;

b) Document of the direct superior management agency of the public service unit proposing to improve the Management Board (if applicable);

c) Resolution, Minutes of the Management Board meeting;

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

đ) Curriculum vitae of the proposed replacement personnel;

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

Chapter III

FUNCTIONS, TASKS, AUTHORITIES, ORGANIZATIONAL STRUCTURE AND REGULATIONS ON THE OPERATIONS OF THE MANAGEMENT BOARD

OPERATIONS OF THE MANAGEMENT BOARD

Article 8. 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 9. Number, Structure, Term of Office of the Management Board

1. Composition of the Management Board

a) Representatives of the superior management agency or the direct superior management agency (if any) of the public service unit, including representatives of ministries, ministerial-level agencies, government agencies, organizations established by the Government or the Prime Minister that are not public service units, provincial People's Committees, and the direct superior management agency (if any);

b) Representatives of the leadership of the public service unit;

c) Staff members of the public service unit;

d) Representatives of related organizations and units.

2. Number and Structure of the Management Board

The Management Board shall have from five (5) to eleven (11) members; the total number of members must be odd, including the Chairman of the Management Board, the Deputy Chairman of the Management Board (if any), the Secretary of the Management Board, and other members.

3. Specific number, structure, and composition of members of the Management Board are determined by the head of the competent authority approving the self-management proposal of the public service unit according to the provisions of Clause 1 and Clause 2 of this Article, ensuring suitability with actual conditions and special characteristics of the activities of the public service unit.

4. The term of office of members of the Management Board shall not exceed five (5) years.

Article 10. Principles and Working System of the Management Board

1. Principles of Work of the Management Board

a) The Management Board operates on the principle of collective decision-making, with decisions made by majority vote; decisions of the Management Board are expressed through Resolutions. In cases where the number of votes for and against are equal, the decision will be made according to the opinion of the Chairman of the Management Board.

b) The Management Board operates under the Operating Regulations approved by the competent authority that decides to establish the Management Board.

c) Documents of the Management Board shall bear the seal of the public service unit and shall be stored in accordance with the provisions of the law.

2. Working System of the Management Board

a) The Chairman of the Management Board is not the head of the public service unit. The working system of the Chairman of the Management Board is decided by the competent authority establishing the Management Board based on actual requirements and legal provisions.

b) Representatives of the direct supervisory administrative agency of the public service unit (if any) in the Management Board work on a part-time basis. Members of the Management Board who are civil servants of the public service unit may work on a full-time or part-time basis and are determined in the Project to Establish the Management Board.

3. The Management Board organizes meetings as required by work and as stipulated in the Operating Regulations of the Management Board. Meetings of the Management Board are considered valid when more than 2/3 of members attend. In necessary cases, the Chairman of the Management Board may invite representatives of certain agencies and organizations related to the meeting of the Management Board to provide opinions. Invited representatives attending the Management Board meeting do not have voting rights.

4. Resolutions of the Management Board

a) Resolutions of the Management Board are recorded in writing, bearing the opinions and signatures of all members of the Management Board present at the meeting or written opinions of all members of the Management Board in cases where no meeting is organized.

b) Resolutions of the Management Board are adopted when at least 3/4 of the total number of Management Board members present at the meeting agree to adopt them through secret ballot.

c) Resolutions of the Management Board must be sent to all members of the Management Board.

5. Operating expenses of the Management Board, allowances and other benefits (if any) for members of the Management Board are included in the operating costs of the public service unit in accordance with the provisions of the law.

Article 11. Operating Regulations of the Management Board

1. The Management Board establishes the Operating Regulations of the Management Board and submits it to the reviewing agency as provided for in point b, Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP for examination and submission to the competent authority establishing the Management Board as stipulated in Article 4 of this Circular for examination and 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) Relationships between the Management Board and the head of the public service unit and the supervisory administrative agency;

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

3. In cases where it is necessary to amend or supplement the Operating Regulations, the Management Board proposes the contents to be amended or supplemented and submits them to the reviewing agency as provided for in point b, Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP for submission to the competent authority establishing the Management Board as stipulated in Article 4 of this Circular for examination and approval.

Article 12. Relations between the Management Board and the heads of public service units and superior management agencies

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 the public service unit manages and directs the operations of the unit to implement the resolutions of the Management Board and is responsible for the results of implementing these resolutions before the Management Board.

Article 13. Tasks and Authorities of Members of the Management Board

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

a) Directs the Management Board in performing tasks and exercising authorities as stipulated in Article 8 of this Circular;

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

c) Leads the development of activity plans for each term and annually, quarterly of the Management Board; leads and directs the implementation of Management Board resolutions;

d) Calls and chairs meetings of the Management Board; directs the preparation of agendas, documents for meetings or solicits opinions from Management Board members and organizes voting at meetings;

đ) Signs documents of the Management Board;

e) Performs other tasks and authorities as prescribed by law or 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) Performs tasks and authorities of Management Board members as stipulated in Clause 4 of this Article and other tasks and authorities as per the operational regulations of the Management Board.

3. Tasks and Authorities of the Secretary of the Management Board

Performs tasks and authorities of Management Board members as stipulated in Clause 4 of this Article and directly assists the Chairman of the Management Board with the following tasks:

a) Compiles information on the activities of the public service unit to report to the Chairman of the Management Board; prepares agendas, documents, meeting invitations, and serves as secretary for Management Board meetings; drafts, completes, and archives Management Board documents;

b) To prepare reports and explanatory documents for related agencies as required by the Management Board's functions and responsibilities periodically or urgently;

c) Other tasks assigned by the Chairman of the Management Board and as per the operational regulations of the Management Board.

4. Tasks and Authorities of Management Board Members

a) Performs tasks assigned by the Management Board; other tasks and authorities as prescribed by law, the operational regulations of the Management Board, and the public service unit;

b) Participates in developing activity plans for each term and annually, quarterly; proposes contents and issues for discussion at Management Board meetings;

c) Attends Management Board meetings, contributes opinions, and votes on issues discussed during Management Board meetings.

Chapter IV

STANDARDS AND CONDITIONS FOR APPOINTING AND REMOVING MANAGEMENT BOARD MEMBERS, CHAIRMAN OF THE MANAGEMENT BOARD

MANAGEMENT BOARD, CHAIRMAN OF THE MANAGEMENT BOARD

Article 14. Criteria and Conditions for Appointing Members of the Management Board

1. Being a civil servant or public official. In cases where members of the Management Board represent organizations with related interests, it is not mandatory to be a civil servant or public official.

2. Having good political qualities, morality; having reputation and sufficient health to perform assigned duties and responsibilities.

3. Not being under investigation, prosecution, trial, enforcement of disciplinary decisions, or under consideration for disciplinary action as stipulated in Article 82 of the Civil Servants Law dated November 13, 2008; Article 56 of the Public Official Law dated November 15, 2010; Clause 17 of Article 1 and Clause 8 of Article 2 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Public Official Law dated November 25, 2019.

4. Having a minimum academic qualification of bachelor's degree or higher.

5. For civil servants and public officials appointed for the first time as members of the Management Board, they must have at least one term of service of 60 months from the date of appointment; in special cases, report to the competent authority for appointment to consider and decide.

6. Not being the father, mother, adoptive father, adoptive mother, brother, sister, or biological child of the spouse or the spouse of the head or deputy head of the public service unit or the chief accountant of the public service unit.

Article 15. Criteria and Conditions for Appointing the Chairman of the Management Board

1. Meeting the criteria and conditions prescribed in Article 14 of this Circular.

2. Having management capability and meeting the conditions and standards for the head of a public service unit as provided by law and regulations of the competent authority.

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

The Chairman of the Management Board and members of the Management Board are appointed by the person in charge of the competent agency approving the self-governance proposal of the public service unit.

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

1. Removal of members of the Management Board and the Chairman of the Management Board shall be carried out in the following cases:

a) A written request from the individual voluntarily resigning from the Management Board.

b) Being restricted in civil capacity or lacking the health to fulfill assigned tasks.

c) More than 50% of the total number of Management Board members making a written request for removal.

d) Being convicted by a court with a final judgment.

đ) Being disciplined with a warning or reprimand but losing reputation to the extent that they cannot fulfill assigned tasks; being reprimanded twice during the same term of appointment or being rated as failing to complete tasks for two consecutive years.

e) Being concluded by the competent authority to have ideological, moral, and lifestyle deterioration, "self-evolution" and "self-transformation," violating party members' prohibitions, failing to set a good example, and adversely affecting their own and the unit's reputation.

g) Being concluded by the competent authority to have violated political standards as stipulated in internal political protection regulations of the Party and State to the extent that removal is necessary.

h) Other violations as specified in the Charter on Organization and Operation of the Public Service Unit and the Charter on Operation of the Management Board.

i) Retiring, leaving work, transferring to another job, or being reassigned to a position unsuitable for the Management Board structure as stipulated in Article 9 of this Circular.

2. Removal of Members of the Management Board and the Chairman of the Management Board

a) In the case of removing a member of the Management Board or the Chairman of the Management Board, the Chairman of the Management Board (or the Deputy Chairman if there is one, or the Secretary of the Management Board) convenes a meeting to discuss and reach consensus. If both the Chairman and Deputy Chairman (if there is one) and the Secretary of the Management Board are removed simultaneously, the head of the public service unit reports to the competent authority for appointing members of the Management Board and the Chairman of the Management Board as stipulated in Article 16 of this Circular to decide on organizing a meeting to discuss and reach consensus.

b) The Management Board is responsible for reviewing, compiling, reporting, and submitting the dossier to the competent authority for appointing members of the Management Board and the Chairman of the Management Board as stipulated in Article 16 of this Circular to issue a decision to remove members of the Management Board and the Chairman of the Management Board.

c) For public service units directly managed by a superior administrative body, the Management Board submits the dossier requesting removal to the superior administrative body for review and opinion; the superior administrative body is responsible for reporting and submitting the dossier to the competent authority for appointing members of the Management Board and the Chairman of the Management Board as stipulated in Article 16 of this Circular to consider the removal of members of the Management Board and the Chairman of the Management Board.

3. Dossier for Requesting Removal

a) A written request for removal from the Management Board, clearly stating the reasons for removal and the written resignation request from the individual in the case stipulated in point a of Clause 1 of this Article.

b) A written request for removal of a member of the Management Board from the direct superior administrative body of the public service unit (if applicable).

c) Resolution, Minutes of the Management Board meeting;

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

4. The authority responsible for appointing members of the Management Board and the Chairman of the Management Board as stipulated in Article 16 of this Circular reviews and decides on the removal of members of the Management Board and the Chairman of the Management Board.

Chapter V

IMPLEMENTATION

Article 18. Effective Date

This Circular takes effect from September 15, 2024.

Article 19. Responsibility for Implementation

1. The Minister, Head of a Governmental Agency Equivalent to a Ministry, Head of a Governmental Agency Under the Government, Head of an Organization Established by the Government or Prime Minister which is not a public service unit, Chairperson of the People's Committee of a province or centrally governed city, and relevant agencies, organizations, and individuals are responsible for implementing the provisions of this Circular.

2. In cases where the regulatory legal documents referred to in this Circular are amended, supplemented, or replaced by other regulatory legal documents, the provisions of such amending, supplementing, or replacing documents shall apply.

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