✦ 스마트 요약
Joint Circular No. 11/2010/TTLT-BTP-BNV guides the implementation of autonomy and self-responsibility of public service units under the Justice sector concerning task execution, organizational structure, staffing, management, and utilization of civil servants. This Circular applies to four types of units: Property Transaction Registration Centers, State Legal Aid Centers, Notary Public Offices, and Asset Auction Service Centers directly subordinate to Provincial Justice Departments.
적용 범위
Public service units under the Justice sector include: Property Transaction Registration Centers, State Legal Aid Centers, Notary Public Offices, and Asset Auction Service Centers directly subordinate to Provincial Justice Departments.
핵심 사항
- Public service units are autonomous in performing tasks assigned by state agencies or determined independently; they establish plans and organize task execution according to regulations.
- The head of the unit has the authority to merge or divide subordinate organizations to align with the assigned functions and tasks.
- Public service units develop annual staffing plans, specifying the number and quality requirements for civil servants; the head decides on the staffing plan and reports to the competent authority.
- The head of the unit autonomously recruits and enters into employment contracts with civil servants according to the approved staffing plan.
- The unit implements training and development for civil servants; appoints, dismisses, removes from office, and accepts resignation of leadership positions within the unit.
🌐 이 문서의 사회적 영향
- Positive impact: Enhances the operational efficiency of public service units through financial and management autonomy.
- Negative impact: May cause difficulties in implementing staffing plans due to complex regulations.
❓ 자주 묻는 질문
What can public service units autonomously do?
Public service units autonomously perform tasks assigned by state agencies, determined independently, and engage in joint ventures and collaborations with domestic and foreign organizations and individuals.
Does the head of the unit have the authority to merge or divide subordinate organizations?
Yes, the head of the unit has the authority to establish, merge, or divide subordinate public service organizations to align with the assigned functions and tasks.
How must public service units develop staffing plans?
Public service units develop annual staffing plans, specifying the number and quality requirements for civil servants; the head decides on the staffing plan and reports to the competent authority.
Who can the head of the unit recruit?
The head of the unit autonomously recruits civil servants according to the approved staffing plan based on the criteria of the required position and the structure of job titles and specialized professions.
With whom can public service units conduct joint ventures and collaborations?
Public service units may conduct joint ventures and collaborations with organizations and individuals both domestically and internationally in accordance with the law.
전문
JOINT CIRCULAR
Guidelines for exercising autonomy and self-responsibility in performing tasks, organizational structure, staffing, and managing and utilizing civil servants for public service units under the Justice sector
________________________
Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government stipulating autonomy and self-responsibility in performing tasks, organizational structure, staffing, and finance for public service units;
The Ministry of Justice and the Ministry of Home Affairs provide guidelines for exercising autonomy and self-responsibility in performing tasks, organizational structure, staffing, and managing and utilizing civil servants for public service units under the Justice sector as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
These joint circulars provide guidelines for exercising autonomy and self-responsibility in performing tasks, organizational structure, staffing, and managing and utilizing civil servants for public service units under the Justice sector.
Financial autonomy and self-responsibility of public service units under the Justice sector shall be implemented in accordance with Circular No. 71/2006/TT-BTC dated August 9, 2006 of the Ministry of Finance guiding the implementation of Decree No. 43/2006/NĐ-CP and Circular No. 113/2007/TT-BTC dated September 24, 2007 of the Ministry of Finance amending and supplementing Circular No. 71/2006/TT-BTC.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
These joint circulars apply to public service units under the Justice sector (hereinafter referred to as public service units) including:
a) The Registration Center for Transactions and Assets directly under the National Register of Security Interests Department - Ministry of Justice;
b) State Legal Aid Centers directly under the Justice Departments of provinces and centrally-administered cities;
c) Notary Offices directly under the Justice Departments of provinces and centrally-administered cities;
d) Auction Service Centers directly under the Justice Departments of provinces and centrally-administered cities.
Article 2. Period of Stability for Autonomy and Self-Responsibility
1. The period of stability for autonomy and self-responsibility in performing tasks, organizational structure, staffing, and managing and utilizing civil servants of public service units is equivalent to the financial stability period, which is three years.
2. In cases where public service units have already developed plans for financial autonomy and self-responsibility (approved) and the remaining time of this period is less than three years, such units shall develop plans for autonomy and self-responsibility in performing tasks, organizational structure, staffing, and managing and utilizing civil servants equivalent to the remaining time of the financial stability period.
Chapter II
SPECIFIC PROVISIONS
Article 3. Task Implementation
1. Public service units are entitled to autonomously implement the following tasks:
a) Tasks assigned by state agencies with competent authority according to the functions and tasks of public service units;
b) Other tasks determined independently that are consistent with the functions, tasks, capabilities, and conditions of public service units;
c) Joint ventures and collaborations with organizations and individuals both domestically and internationally as prescribed by law.
Public service units that self-fund their operational costs and partially self-fund their operational costs, depending on their own capacity, may undertake additional tasks as stipulated in Clause 3, Article 5 of Decree No. 43/2006/NĐ-CP.
2. Developing Plans and Implementing Tasks
a) Public service units fully funded by the state budget shall develop and submit to the supervising agency for approval five-year and annual plans for implementing tasks; they shall organize the implementation of these plans after approval.
b) Public service units that self-fund their operational costs and partially self-fund their operational costs, based on the tasks determined at Points a and b of Clause 1, Article 3 of these joint circulars, shall develop five-year and annual plans for implementing tasks and decide on measures to implement them.
Article 4. TOrganizational Structure
1. The head of a public service unit has the authority to establish, merge, divide, dissolve subordinate organizations that self-fund their operations to engage in services compatible with the assigned functions and tasks and the plan for autonomy and self-responsibility in performing tasks, organizational structure, staffing, and managing and utilizing civil servants of the unit.
2. The head of a public service unit has the authority to establish, merge, divide, dissolve, and reorganize departments and other subordinate organizations (if any) in accordance with the law.
Article 5. BStaffing
1. Planning Staffing
Based on functions, tasks, needs, and actual capabilities, the head of a public service unit shall develop an annual staffing plan, specifying the number of staff required for each subordinate organization (if any), quality requirements, civil servant structure, and usage period.
2. Authority to Decide and Approve Staffing
a) The head of a public service unit that self-funds its regular operational costs has the right to decide on the staffing plan and is responsible for reporting the staffing plan to the competent authority for consolidation, monitoring, inspection, and supervision.
b) The head of a public service unit that partially self-funds its operational costs and is fully funded by the state budget for operational costs, based on assigned functions and tasks, actual work needs, approved public service staffing quotas, and financial capability, is responsible for submitting the staffing plan of the unit to the competent authority for approval.
3. The head of a public service unit may enter into contracts for hiring and contracting out for tasks that do not require regular staffing; sign labor contracts and other forms of cooperation with domestic and foreign experts and scientists in accordance with the law.
Article 6. Article 24Management and Utilization of Civil Servants
1. Recruitment, Signing Employment Contracts, and Acceptance
a) Annually, based on the approved staffing plan of the unit, the head of a public service unit shall develop a recruitment plan, clearly defining the number to be recruited for each rank, conditions, standards, recruitment methods, and times, and report the recruitment plan to the competent authority for approval.
For public service units that self-fund their regular operational costs, the head of the public service unit has the right to decide on the recruitment plan.
b) The head of the public service unit shall decide on the recruitment of civil servants through competitive examinations or selection procedures suitable for the specialized characteristics of each field to be recruited and the specific conditions of each unit; organize the implementation of the recruitment plan; sign employment contracts with those who have been recruited based on the standards of the position to be filled and consistent with the organizational structure and professional qualifications as prescribed by law; accept civil servants in the positions of specialist and equivalent positions below the specialist level.
2. Training and development
Annually, based on the staffing plan and training and development needs, the head of the public service unit shall assign civil servants to participate in courses and training programs to enhance political theory, professional qualifications, foreign languages, information technology, and other training programs within the country as required by work tasks; submit to the competent authority for consideration the assignment of civil servants to participate in training programs and courses abroad.
3. Appointment, reappointment, removal, dismissal, and resignation from leadership positions in the unit
The head of the public service unit shall submit to the competent authority for decision on the appointment, reappointment, removal, dismissal, and resignation of deputy leaders of the public service unit; decide on the appointment, reappointment, removal, dismissal, and resignation of leadership positions of subordinate organizations under the unit in accordance with the provisions of law and bear responsibility for such decisions.
4. Appointment to rank and transfer of rank
The head of the public service unit shall decide on the appointment to rank for civil servants recruited for the first time; decide on the transfer of rank and appointment to rank after examination and after passing the examination for promotion to rank for civil servants under the management authority of the unit from the specialist rank and equivalent ranks below the specialist rank according to the分级授权机关的规定。
5. Job assignment, dispatch, rotation, detachment, termination of employment
The head of the public service unit has the authority:
a) To assign jobs, allocate tasks to civil servants in accordance with their educational qualifications, needs, job positions, ensuring necessary systems, policies, and conditions for civil servants to perform their duties;
b) To dispatch, rotate, detach, terminate employment contracts with civil servants under the management authority of the unit from the specialist rank and equivalent ranks below the specialist rank in accordance with the provisions of law.
6. Promotion in pay grade
The head of the public service unit has the right to decide on regular promotions and early promotions, and additional allowances exceeding the framework for civil servants under the management authority of the unit from the specialist rank and equivalent ranks below the specialist rank in accordance with the provisions of law.
7. Retirement system
The head of the public service unit has the authority:
a) Issue a written notice about the retirement date for civil servants of the unit six months before the civil servant reaches the retirement age.
b) Three months before the civil servant reaches the retirement age, issue a retirement decision for civil servants under the management authority of the unit from the specialist rank and equivalent ranks below the specialist rank in accordance with the provisions of law.
8. Evaluation, commendation, and disciplinary measures
a) The competent authority evaluates and assesses the head of the public service unit.
b) The head of the public service unit evaluates and assesses other civil servants in the unit; implement the competition and commendation system in accordance with the provisions of law.
c) The head of the public service unit has the right to impose disciplinary measures on civil servants under the management authority of the unit from the specialist rank and equivalent ranks below the specialist rank in accordance with the provisions of law.
Chapter III
IMPLEMENTATION
Article 7. Responsibilities of the Head of a Public Service Unit
The head of a public service unit shall be responsible in accordance with Article 31 of Decree No. 43/2006/NĐ-CP and shall have the following specific responsibilities:
1. Disseminate and implement Decree No. 43/2006/NĐ-CP and related guiding documents to all staff members within the unit; unify leadership, Party committee, and trade union organization on policies, implementation timelines, and short-term and long-term development orientations for the unit.
2. Develop an autonomy and self-responsibility plan in accordance with the guidance of the Ministry of Finance and this Joint Circular, to be submitted to the competent authority for approval before December of the year preceding the year in which the autonomy and self-responsibility plan is developed (the autonomy and self-responsibility plan does not need to detail financial contents, but the submission file to the supervising agency must include the decision granting autonomy and self-responsibility in financial matters from the competent authority).
3. Report to the Party committee of the unit before proposing to the competent authority or deciding according to their authority on issues such as development planning, five-year plans, annual plans, and implementation measures; establishment, restructuring, dissolution of specialized technical organizations and other subordinate organizations; appointment, reappointment, removal, resignation, commendation, and disciplinary actions for managerial positions; labor adjustment plans.
4. Solicit opinions from the trade union organization within the unit on issues such as internal expenditure regulations; institutional democracy regulations; work regulations; reward and punishment regulations; regulations on recruitment and utilization of civil servants and employees; joint venture and cooperation plans; borrowing and investment support plans; coordinate with the same-level trade union executive board to organize annual staff and civil servant meetings in accordance with regulations.
5. Solicit opinions from the staff meeting or key cadres of the unit before proposing or deciding on issues such as development planning; five-year plans, annual plans, and implementation measures of the unit; labor adjustment plans; internal expenditure regulations; institutional democracy regulations.
6. Submit a written report seeking the opinion of the supervising agency before deciding on the contents stipulated in Clause 1 and Clause 2 of this Article when the Party committee and trade union organization within the unit have inconsistent opinions with the head of the public service unit.
7. Send decisions regarding organizational structure, staffing, and personnel as specified in Articles 6, 7, and 8 of Decree No. 43/2006/NĐ-CP to the competent authority within ten days from the date of issuance.
8. Fully implement regular and ad hoc information and reporting systems as required by the competent authority regarding the organization and activities of the unit.
Article 8. Responsibilities of the Ministry of Justice, People's Committees of provinces and centrally governed cities
1. Fulfill responsibilities as prescribed in Article 32 of Decree No. 43/2006/NĐ-CP.
2. Approve autonomy and self-responsibility plans concerning the performance of tasks, organizational structures, staffing, management, and utilization of civil servants within fifteen working days after receiving the submitted plan from the public service unit.
Article 9. Effectiveness
This Joint Circular takes effect forty-five days from the date of issuance. Matters not covered in this Joint Circular shall be implemented in accordance with current laws.
During implementation, if any difficulties arise, please submit written reports to the Ministry of Justice for unified consideration and resolution by the Ministry of Home Affairs./.
원본 문서(PDF)
관계도
↑ 근거 및 이 문서에 영향을 주는 문서
근거 5
43/2006/NĐ-CP
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만료됨
11/2010/TTLT-BTP-BNV
Joint Circular No. 11/2010/TTLT-BTP-BNV guiding the implementation of autonomy and self-responsibility regarding task execution, organizational structure, staffing, management, and utilization of civil servants for public service units under the Justice sector.
Expired
↓ 이 문서의 영향을 받는 문서
인용 4
113/2007/TT-BTC
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