Circular No. 08/2024/TT-BLDTBXH stipulates specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the labor, war invalids, and social affairs sector.

CIRCULAR

Regulations on specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the labor, war invalids, and social affairs sector

Pursuant to Decree No.Decision No. 62/2022/NĐ-CP September 12, 2022 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Decree No.60/2021/ND-CPdated June 21, 2021, of the Government stipulating the financial autonomy mechanism of public service units;

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

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 Labor, War Invalids, and Social Affairs issues this Circular to regulate specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the labor, war invalids, and social affairs sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the labor, war invalids, and social affairs sector.

Article 2. Applicability

1. Public service units under the labor, war invalids, and social affairs sector shall be established by competent authorities in accordance with the provisions of the law.

2. Agencies, organizations, and individuals related to the classification, establishment, merger, consolidation, and dissolution of public service units under the labor, war invalids, and social affairs sector.

3. This Circular does not apply to public service units under the Ministry of Public Security, the Ministry of National Defense, and public service units under the management of special administrative-economic units.

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 labor, war invalids, and social affairs sector shall be carried out in accordance with the provisions of Article 4 of Decree No. 120/2020/ND-CP dated October 7, 2020, of the Government stipulating the establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 120/2020/ND-CP).

Chapter II

CRITERIA FOR CLASSIFICATION OF PUBLIC SERVICE UNITS UNDER THE LABOR, WAR INVALIDS, AND SOCIAL AFFAIRS SECTOR

Article 4. Classification based on functions and tasks

1. Public service units serving state administration

a) Public service units performing functions of research to serve the formulation of strategies and the construction and improvement of institutional and policy frameworks regarding the labor, war invalids, and social affairs sector;

b) Public service units performing functions of propaganda on the Party's guidelines and policies, laws of the State, and information on the labor, war invalids, and social affairs sector;

c) Public service units performing other functions serving state administration in the labor, war invalids, and social affairs sector.

2. Public service units providing public services

a) Public service units providing public services funded by the state budget in the labor, war invalids, and social affairs sector according to the approved list by the competent authority;

b) Public service units providing other public services in the labor, war invalids, and social affairs sector.

3. Public service units serving state administration and providing public services are units that perform one or more functions and tasks specified in Clause 1 and one or more functions and tasks specified in Clause 2 of this Article. The determination of 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 by the decision-making authority of the Government,

2. Public service units established by the decision-making authority of the Minister, Head of a ministry-level agency, Head of an agency under the Government, or the head of an agency under the Government,

3. Public service units established by the decision-making authority of the People's Committee of a province or centrally governed city.

4. Public service units established by another authority in accordance with the provisions of the law and the delegation of the competent authority.

Article 6. Classification based on financial autonomy level

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

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

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

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

d) Public service units whose regular expenses are guaranteed by the State.

2. The determination of the financial autonomy level of public service units in the labor, war invalids, and social sector under Clause 1 of this Article shall be implemented in accordance with the provisions of the Government Decree and related documents stipulating the financial autonomy mechanism for public service units.

Chapter III

CONDITIONS FOR ESTABLISHING, MERGING, CONSOLIDATING, AND DISSOLVING PUBLIC SERVICE UNITS IN THE LABOR, WAR INVALIDS, AND SOCIAL SECTOR

Article 7. Conditions for establishing public service units

1. The establishment of public service units in the labor, war invalids, and social sector must meet the conditions prescribed in Clause 1 of Article 5 of Decree No. 120/2020/NĐ-CP.

2. In addition to the general conditions prescribed in Clause 1 of this Article, the establishment of public service units in the labor, war invalids, and social sector must also meet other conditions as prescribed by relevant laws (if any).

Article 8. Conditions for merging and consolidating public service units

1. The merger and consolidation of public service units in the labor, war invalids, and social sector shall be carried out when meeting the conditions prescribed in Clause 2 of Article 5 of Decree No. 120/2020/NĐ-CP.

2. Public service units formed after the merger and consolidation process must meet the conditions for establishing public service units as prescribed in Article 7 of this Circular and relevant laws.

Article 9. Conditions for dissolving public service units

1. The dissolution of public service units in the labor, war invalids, and social sector shall be carried out when meeting one of the conditions prescribed in Clause 3 of Article 5 of Decree No. 120/2020/NĐ-CP and other dissolution conditions as prescribed by specialized laws.

2. Public service units can only dissolve after completing their financial, property, land, loan, debt, and other related obligations and being confirmed in writing by competent authorities. Financial and asset handling during the dissolution of public service units shall be carried out in accordance with current laws.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from September 15, 2024.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of the amended, supplemented, or replacing documents shall apply.

Article 11. Responsibility for Implementation

1. The Minister, the head of a ministerial-level agency, the head of an agency under the Government, and the person in charge of an agency established by the Government,

2. The heads of units under the Ministry of Labor, Invalids and Social Affairs, the Directors of Provincial Departments of Labor, Invalids and Social Affairs, the 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, the agencies and units are requested to report them in writing to the Ministry of Labor, Invalids and Social Affairs for guidance and resolution in accordance with regulations./.