Circular No. 08/2023/TT-BNNPTNT stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the agriculture and rural development sector.

CIRCULAR

REGULATIONS ON CRITERIA FOR CLASSIFICATION, CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

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;

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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 Agriculture and Rural Development promulgates this Circular stipulating criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units in the agriculture and rural development sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units in the agriculture and rural development sector, including: agriculture; forestry; salt industry; fisheries; irrigation; disaster prevention and control; rural development; processing, developing agricultural product markets, quality, and food safety for agricultural, forestry, fishery products, and salt, and other fields within the agriculture and rural development sector as prescribed by law.

Article 2. Applicability

1. Public service units established by competent authorities in accordance with the law in the agriculture and rural development sector as specified in Article 1 of this Circular.

2. Organizations and individuals involved in the establishment, merger, consolidation, and dissolution of public service units in the agriculture and rural development sector.

3. Public service units in the agriculture and rural development sector under the management of special administrative-economic units shall be implemented in accordance with guiding documents for special administrative-economic units and relevant laws.

4. This Circular does not apply to public service units related to the agriculture and rural development sector under the Ministry of Public Security and the Ministry of National Defense.

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

The establishment, merger, consolidation, and dissolution of public service units in the agriculture and rural development 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, CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR Article 4. Criteria for Classification of Public Service Units

1. Classification based on functions and tasks

a) Public service units serving state management functions include: extension services; strategic policy research; information dissemination on Party guidelines and State laws; scientific and technological research, theoretical and operational studies; training and capacity building for civil servants, officials, and managers; human resource development, public policy, and rural development; application and development of information technology, digital transformation, statistics, forecasting, libraries, and other public service activities serving state management functions in the agriculture and rural development sector as prescribed by law;

b) Public service units providing public services in the agriculture and rural development sector as specified in Article 1 of this Circular;

2. Classification based on the authority to establish

c) Public service units serving state administrative functions and providing public services are units performing one or more functions and tasks specified in points a and b of this clause.

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.

a) Public service units established by the Government and the Prime Minister;

b) Public service units established by the Minister of Agriculture and Rural Development;

c) Public service units established by provincial and municipal people's committees directly under the central government;

d) Public service units established by district, county, town, and city people's committees directly under provinces and municipalities;

đ) Public service units established by other subjects as prescribed by law.

3. Classification based on financial autonomy level

d) Public service units funded by the State budget for regular expenses. The determination of the level of financial autonomy of public service units in the agriculture and rural development sector as stipulated in this clause shall be carried out in accordance with the Government's regulations on the mechanism of financial autonomy of public service units and relevant laws.

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;

The establishment of public service units must meet the conditions prescribed in Clause 1, Article 5 of Decree No. 120/2020/NĐ-CP and other conditions as prescribed by relevant laws.

Article 5. Conditions for establishing public service units

1. The merger and consolidation of public service units in the agriculture and rural development sector shall be carried out in accordance with the provisions of Clause 2, Article 5 of Decree No. 120/2620/NĐ-CP.

Article 6. Conditions for merging or consolidating public service units

2. Public service units formed after merger and consolidation must meet all the conditions prescribed in this Circular and relevant laws.

3. Level of financial autonomy of public service units after merger and consolidation:

a) The merger and consolidation of public service units must ensure that the current level of financial autonomy is not reduced;

b) In cases where the merger and consolidation involve public service units with different levels of financial autonomy, the level of financial autonomy of the public service unit after merger and consolidation shall be determined by the competent authority.

1. The dissolution of public service units shall be carried out in accordance with the provisions of Clause 3, Article 5 of Decree No. 120/2020/NĐ-CP and relevant laws.

Article 7. Conditions for dissolving public service units

2. Public service units can only be dissolved after completing their financial obligations, property, land, loans, debts, and other related obligations and obtaining written confirmation from the competent authority.

1. This Circular takes effect from November 20, 2023.

Chapter III

IMPLEMENTATION

Article 8. Effective Date

This Circular takes effect from November 20, 2023.

2. In case the legal normative documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacing legal normative documents.

Article 9. 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 Agriculture and Rural Development, Directors of Provincial Departments of Agriculture and Rural Development, heads of public service organizations, and related agencies and organizations are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, it is requested that agencies, organizations, and individuals promptly report them to the Ministry of Agriculture and Rural Development for consideration and amendment or supplementation in accordance with regulations./.