Circular No. 11/2022/TT-BVHTTDL stipulates the criteria and conditions for appointing and dismissing members of the Management Board and the Chairman of the Management Board in public service units in the fields of culture, family, sports, and tourism.

CIRCULAR

REGULATIONS ON STANDARDS AND CONDITIONS FOR APPOINTING AND REMOVING MEMBERS OF THE MANAGEMENT BOARD AND THE CHAIRMAN OF THE MANAGEMENT BOARD IN PUBLIC SERVICE UNITS UNDER THE CULTURE, FAMILY, SPORTS, AND TOURISM SECTORS

The Minister of Culture, Sports and Tourism issues this Circular to regulate standards and conditions for appointing and removing members of the Management Board and the Chairman of the Management Board in public service units under the culture, family, sports, and tourism sectors (hereinafter referred to collectively as the Management Board).

These regulations apply to public service units that self-fund their regular and investment expenses in the culture, family, sports, and tourism sectors (hereinafter referred to collectively as public service units) under the management of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally governed city People's Committees (hereinafter referred to collectively as provincial People's Committees).

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017, of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

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;

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.

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

Article 3. Standards and Conditions for Appointing Members of the Management Board

ESTABLISHMENT AND STRENGTHENING OF THE MANAGEMENT COUNCIL

1. They must be civil servants or officials under the management of the agency authorized to establish the Management Board.

Chapter II

2. They must have good political qualities, moral integrity, reputation, and sufficient health to perform assigned tasks and responsibilities.

3. They must have a university degree or higher in a relevant field corresponding to the assigned tasks.

4. They must have experience in management work and professional work within the functions and tasks of public service units.

5. They must have sufficient health to complete assigned tasks.

6. They must not be in a disciplinary probation period and must not be subject to provisions related to disciplinary measures stipulated in Article 82 of the Civil Servants Law amended and supplemented by Clause 17 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Officials Law or Article 56 of the Officials Law amended and supplemented by Clause 8 of Article 2 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Officials Law.

7. For the first time proposed for appointment as a member of the Management Board, civil servants and officials must have at least five years of remaining actual working time from the date of implementing the appointment process; in special cases, the competent authority for appointment shall consider and decide.

8. They must not be the spouse, parent, child, brother, sister, or sibling of the head, deputy head, or chief accountant of the public service unit.

9. Other standards and conditions according to the regulations of the competent authority deciding on the appointment of members of the Management Board and the Chairman of the Management Board.

Article 4. Standards and Conditions for Appointing the Chairman of the Management Board

1. They must meet the standards and conditions for appointing members of the Management Board as stipulated in Article 3 of this Circular.

2. They must have managerial capacity and meet the conditions and standards of the head of a public service unit as prescribed by law and the competent authority.

Article 4. Criteria and conditions for appointing the Chairman of the Management Board

1. Meeting the criteria and conditions for appointing members of the Management Board as stipulated in Article 3 of this Circular.

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

Article 5. Appointment of Management Board Members and Chairman of the Management Board

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

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

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

Article 6. Removal of Management Board Members and 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 and approved by the competent authority;

b) More than 50% of the total number of Management Board members submitting a written petition requesting removal;

c) Being disciplined with a warning or reprimand but losing credibility to the extent that they cannot fulfill their assigned duties;

d) Being disciplined twice with a reprimand or warning within the same appointment period;

đ) Being rated as failing to complete tasks for two consecutive years;

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

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

h) Transferring to another position or retiring, resigning;

k) Other cases as prescribed by law and the competent authority appointing Management Board members and the Chairman of the Management Board.

2. The Management Board is responsible for examining and making decisions on the removal of Management Board members and the Chairman of the Management Board and submitting the application file to the competent authority for appointment to decide on removal.

3. Dossier for Requesting Removal

a) A written request for removal from the Management Board, clearly stating the reasons for removal and the written request from the individual resigning from the Management Board as provided for in point a, Clause 1, Article 5 of this Decree;

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

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

This Circular takes effect from January 1, 2023.

Article 8. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to Ministries, agencies under the Government, heads of agencies established by the Government, heads of agencies established by the Government, the Prime Minister, and Chairmen of Provincial People's Committees directly under the Central Government, and related agencies and organizations are responsible for implementing this Circular.

2. During implementation, if difficulties or obstacles arise, agencies and units are requested to report in writing to the Ministry of Culture, Sports and Tourism for guidance on handling or researching and amending and supplementing appropriately./.