Circular No. 09/2022/TT-BTNMT on the Management Board in public service units under the natural resources and environment sector

CIRCULAR

Regulations on the Management Board in public service units under the natural resources and environment sector

Decree No. Decision No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

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

Decree No. Decision No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism for public service units;

At the proposal of the Director of the Personnel Department and the Director of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular to stipulate regulations on the Management Board in public service units under the natural resources and environment sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the functions, tasks, powers, organizational structure, operational rules of the Management Board in public service units under the natural resources and environment sector, the relationship between the Management Board and the head of the public service unit and the superior management agency; criteria and conditions for appointing and dismissing members of the Management Board, including the Chairman of the Management Board in public service units under the natural resources and environment sector (hereinafter referred to as the Management Board).

Article 2. Applicability

1. Public service units that self-fund their regular expenses and investment costs under the natural resources and environment sector in accordance with the provisions of the law.

2. Agencies, organizations, and individuals related to the establishment and operation of the Management Board in public service units under the natural resources and environment sector.

3. The Management Board in public service units not falling within the scope prescribed in Clause 1 and Clause 2 of this Article shall be established in accordance with the provisions of specialized laws and the functions, tasks, powers, organizational structure, and operational rules of this Management Board shall be implemented according to the guidance of the competent ministry or management agency of the sector.

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

School Councils in educational institutions shall be established in accordance with the provisions of specialized laws and implementing guidelines, and perform the functions and tasks of the Management Board as stipulated in Decree No. 120/2020/NĐ-CP of the Government dated October 7, 2020 on the establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 120/2020/NĐ-CP).

Article 3. Principles, Conditions, and Authority for Establishing the Management Board

The principles, conditions, and authority for establishing the Management Board in public service units shall be implemented in accordance with the provisions of Clause 1, Clause 2, and Clause 7 of Article 7 of Decree No. 120/2020/NĐ-CP.

Article 4. Procedures for Establishing the Management Board

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

2. The proposal for establishing the Management Board in public service units shall be developed by the public service unit and shall include the following main contents:

a) Necessity and legal basis;

b) Position and function;

c) Tasks and powers;

d) Organizational structure;

đ) Proposed human resource plan for the Management Board;

e) Recommendations of the agency drafting the proposal for establishing the Management Board (if any);

g) Other contents in accordance with the provisions of specialized laws.

Chapter II

FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND OPERATIONAL RULES OF THE MANAGEMENT BOARD

Article 5. Functions, tasks, and powers of the Management Board

1. The Management Board is the representative of the ministry, agency at the ministerial level, agency under the Government, organization established by the Government, Prime Minister that is not a public service unit, and the People's Committee of the province in a public service unit.organization established by the Government or the Prime Minister that is not a public service unit, at a public service unit by the People's Committee of the province.

2. The tasks and powers of the Management Board shall be implemented according to the provisions of Clause 3, Article 7 of Decree No. 120/2020/NĐ-CP and the following tasks and powers:

a) Decide on the policy and submit to the competent authority for the appointment, removal, commendation, disciplinary action, and personnel policies for the head and deputy heads of the public service unit;

b) Approve the job position plan; adjust job positions and the structure of staff by profession of the unit; annual staffing plans; adjust the annual staffing of the public service unit before the head of the public service unit decides to approve within their authority;

c) Approve joint venture and cooperation plans before submitting to the competent authority for approval;

d) Decide on other important issues of the public service unit in accordance with the law.

Article 6. Structure and number of members of the Management Board

1. The Management Board has from five to eleven members, including the Chairman and other members.

2. The composition of the Management Board includes:

a) Representatives of the superior management body of the public service unit, including representatives of ministries, agencies at the ministerial level, agencies under the Government, organizations established by the Government, and the Prime Minister that are not public service units, the People's Committee of the province, and the direct superior management body (if any); established by the Prime Minister that is not a public service unit, the People's Committee of the province, and the direct superior administrative agency (if any);

b) The head, deputy head of the head, representatives of political-social organizations, and representatives of some organizations in the main field of activity of the public service unit.

3. The specific number and composition of the Management Board members shall be decided by the head of the competent authority approving the self-management proposal of the public service unit.

Article 7. Tasks and powers of Management Board members

1. Tasks and powers of Management Board members

a) Carry out tasks assigned by the Management Board; other tasks and powers as prescribed by law, the operation regulations of the Management Board, and the public service unit;

b) Propose to the Management Board the content and issues to be discussed at Management Board meetings;

c) Contribute opinions and vote on issues put forward for discussion at Management Board meetings;

d) Attend Management Board meetings.

2. Tasks and powers of the Chairman of the Management Board

a) Organize supervision and evaluation of the implementation of strategic goals, operational results of the public service unit; management and leadership results of the head of the public service unit;

b) Direct the Management Board to implement the tasks stipulated in this Circular;

c) Lead the implementation of Management Board resolutions;

d) Direct the preparation of quarterly and annual activity plans for the Management Board;

đ) Direct the preparation of meeting agendas and materials or soliciting opinions from Management Board members;

e) Summon and chair Management Board meetings or decide to solicit opinions from Management Board members;

g) Perform other tasks and powers as prescribed by law and the operation regulations of the Management Board;

h) Sign documents within the Management Board's authority to issue;

i) Approve documents within the functions, tasks, and related matters of the Management Board.

Article 8. Principles and working regime of the Management Board

1. Working Principles of the Management Board:

a) The Management Board operates under a collective, transparent, democratic regime, respecting the opinions of its members, and making decisions by majority vote through secret ballot;

b) The Management Board performs tasks and powers assigned to it within its authority;

c) The Management Board may use the seal and organizational structure of the public service unit to implement its work.

2. The Management Board convenes at least once every three months and may convene at any time when necessary upon request of the Chairman of the Management Board or the competent authority that established the Management Board. Meetings of the Management Board are considered valid if attended by at least two-thirds of its members.

3. Representatives from the superior management agency of the public service unit operate on a part-time basis. The Chairman of the Management Board operates on a full-time basis. The working regime of other members of the Management Board is determined by the competent authority establishing the Management Board according to the provisions of the law, based on practical requirements and specific characteristics of the agency or unit.

4. Operating expenses of the Management Board, allowances, and other benefits (if any) for its members are included in the operating costs of the public service unit as stipulated by law.

5. The working regime of the Management Board is specifically detailed in the Operational Regulations of the Management Board.

Article 9. Work Relations

1. Relationship between the Management Council and the Head of the Public Service Entity

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 activities of the unit, implements resolutions of the Management Board, and is responsible for the results of implementing these resolutions before the Management Board;

c) The head of the public service unit is responsible for preparing contents, documents, and material conditions serving meetings and sessions of the Management Board.

2. Relationship 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 Council has the responsibility to report the activities of the public service entity to the higher-level management agency;

c) The higher-level management agency has the responsibility to approve or provide comments on matters within its authority upon request from the Management Council.

3. Work relations of the Management Board are specifically detailed in the Operational Regulations of the Management Board.

Article 10. Operational Regulations of the Management Board

1. The Management Board operates according to the Operational Regulations approved by the competent authority that established the Management Board.

2. The outline of the Operational Regulations of the Management Board is specified in the Appendix attached to this Circular.

Chapter III

STANDARDS AND CONDITIONS FOR APPOINTMENT AND REMOVAL OF MEMBERS AND THE CHAIRMAN OF THE MANAGEMENT BOARD

Article 11. Standards and Conditions for Appointment of Members and the Chairman of the Management Board

1. Management Board members must meet the following standards and conditions:

a) Being a civil servant or officer under the management of the competent authority that established the Management Board, having full capacity for civil acts;

b) Having good political qualities and ethics; having sufficient health to fulfill assigned tasks and responsibilities;

c) Not being in a period of disciplinary action, not in a period of implementing regulations related to discipline as stipulated in Article 82 of the Law on Civil Servants amended and supplemented in Clause 17 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Civil Servants and the Law on Officers, or in Article 56 of the Law on Officers amended and supplemented in Clause 8 of Article 2 of the Law Amending and Supplementing Certain Provisions of the Law on Civil Servants and the Law on Officers;

d) Having a bachelor's degree or higher;

đ) Having experience in management work and specialized work;

e) Not being the spouse, father, mother, child, brother, sister, or half-sibling of the head, deputy head, or chief accountant of the public service unit;

g) Other standards and conditions as prescribed by the competent authority deciding on the appointment of the Chairman and members of the Management Board;

h) Age: Civil servants or officers proposed for initial appointment as members of the Management Board must have at least five years of remaining actual work experience calculated from the date of implementing the appointment process; in special cases, report to the competent authority for consideration and decision.

2. The Chairman of the Management Board must meet the standards and conditions stipulated in Clause 1 of this Article and have management capabilities and meet the conditions and standards regarding theoretical political level and state administrative management level as required for the head of a public service unit according to the law and the provisions of the competent authority.

Article 12. Appointment of Members and Chairman of the Management Board

1. The members and Chairman of the Management Board shall be appointed by the head of the competent authority approving the self-management project of the public service unit.

2. The term of office for the members and Chairman of the Management Board shall not exceed five (5) years.

3. The procedures and formalities for appointing the members and Chairman of the Management Board shall be carried out in accordance with the regulations of the Party, laws, and the competent authority.

Article 13. Removal of Members and Chairman of the Management Board

1. Members and Chairman of the Management Board shall be removed if they fall under any of the following circumstances:

a) There is a written request from an individual to withdraw from the Management Board and such request is accepted by the competent authority;

b) Their civil capacity is restricted;

c) Being unable to perform assigned tasks due to health reasons, having been on sick leave for more than six (6) months without recovery of work capacity;

d) Being convicted by a court judgment that has taken effect;

đ) More than 50% of the total number of Management Board members propose in writing to remove the individual.

e) Having been rated as failing to complete tasks for two consecutive years;

g) Having been disciplined with a reprimand or warning twice during the same term;

h) Violating other provisions stipulated in the organizational and operational charter of the public service unit and the Management Board's operational charter;

i) Receiving less than one-third of trust votes in the period specified;

k) Being concluded by the competent authority to have deteriorated ideologically, morally, and in lifestyle, engaged in "self-evolution" and "self-transformation," violated prohibitions for party members, failed to set a good example, and adversely affected their own and their organization's reputation;

l) Being concluded by the competent authority to have violated political standards as prescribed in internal political protection regulations of the Party to the extent requiring removal;

m) Retiring, resigning, or other cases as prescribed by the competent authority deciding the appointment of members and the Chairman of the Management Board.

2. The Management Board shall be responsible for examining and making resolutions on the removal of members and the Chairman of the Management Board, and submitting the dossier to the competent authority for appointment to decide on removal.

3. Dossier for Requesting Removal

a) A proposal for removal from the Management Board, clearly stating the reasons for removal and the written request of the individual to withdraw from the Management Board as provided for in point a, Clause 1, Article 13 of this Law;

b) A written request for removal of Management Board members from the immediate superior management agency of the public service unit (if there is an immediate superior agency);

c) Resolution, Minutes of the Management Board meeting;

d) The opinion in writing of the same-level Party Committee regarding the removal of Management Board members;

đ) Other related documents and materials (if any).

4. The competent authority for appointing members and the Chairman of the Management Board shall examine and decide on removal.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

1. Public service units under the natural resources and environment sector which have submitted the dossier for establishing the Management Board to the competent authority or person authorized to make the decision before the effective date of this Circular must review and perfect the Project, and resubmit it to the competent authority or person authorized to make the establishment decision according to the procedures and formalities prescribed in this Circular.

2. For Management Boards established in public service units under the natural resources and environment sector before the effective date of this Circular, relevant ministries, sectors, and localities shall be responsible for reviewing and improving them to comply with the provisions of this Circular.

Article 15. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from September 20, 2022.

2. This Circular replaces Circular No. 18/2018/TT-BTNMT dated October 31, 2018, issued by the Minister of Natural Resources and Environment, concerning the Management Board in public service units under the natural resources and environment sector.

3. Ministries, ministerial-level agencies, agencies under the Government; provincial People's Committees, and heads of agencies, units, organizations, and individuals related to this matter shall be responsible for implementing this Circular.

4. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals shall report to the Ministry of Natural Resources and Environment (through the Cadre and Civil Servant Department) for consolidation and submission to the Minister for consideration and decision.