Circular No. 12/2021/TT-BGTVT stipulates specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the transportation sector.

CIRCULAR

Providing specific criteria for classification, conditions for establishment, merger,consolidation, dissolution of public service units under the transportation sector

_________

Decree No. 12/2017/NĐ-CP dated 10 the 02 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry Ministry of Transport;

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

At the proposal of Director of the Cadre and Civil Service Department;

The Minister of Transport shall issue Circular providing specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the transportation sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the transportation sector.

Article 2. Applicability

This Circular applies to:

1. Public service units serving state management, providing public services under the transportation sector from central to local levels.

2. Agencies, organizations, and individuals related to the organization and operation of public service units under the transportation sector.

Chapter II

SPECIFIC CRITERIA FOR CLASSIFICATION, CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS UNDER THE TRANSPORTATION SECTOR

Public service units perform functions of information dissemination and propaganda on Party guidelines, State laws; scientific research, theoretical and operational information; activities managing natural resources, protecting the environment, and responding to climate change;

1. Based on the functions and tasks of public service units

a) Public service units serving state management include:

Public service units performing the function of evaluating and certifying safety management systems; assessing quality assurance conditions;

Public service units performing the function of exhaust emission testing, energy label affixing for motor vehicles;

Public service units performing the function of testing quality, technical safety, and environmental protection for various types of vehicles, parts, industrial products, and other safety equipment used in transportation;

Public service units performing the function of inspecting loading and unloading equipment, specialized construction equipment, containers used in road, railway, inland waterway, maritime transport; equipment for exploration, exploitation, and transportation at sea; machinery, equipment, materials with strict requirements for labor safety (excluding equipment for national defense and security purposes and fishing vessels);

Public service units performing other functions serving state management (if applicable).

b) Public service units providing public services under the Ministry of Transport's administrative management, including:

Public service units providing road engineering services;

Public service units providing ferry terminal operation services;

Public service units providing maritime security information reception, processing, and transmission services;

Public service units providing maritime disaster response, search and rescue services;

Public service units providing vehicle inspection services (excluding vehicles for national defense, security purposes, and fishing vessels);

Public service units providing other public services under the Ministry of Transport's administrative management (if applicable).

2. Based on the level of financial autonomy of public service units

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;

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

3. Classification criteria for other public service units under the transportation sector but within the administrative management scope of other Ministries and sectors shall be implemented according to relevant laws and regulations of those Ministries and sectors.

Article 4. Conditions for establishing public service units

1. General conditions

a) Meeting the conditions for establishing public service units as stipulated in point a, c, d, đ, e Clause 1 Article 5 of Decree No. 120/2020/NĐ-CP dated October 7, 2020, of the Government on establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 120/2020/NĐ-CP);

b) Not belonging to the list of sectors and fields implementing the conversion of public service units into joint-stock companies according to the decision of the competent authority or person with authority.

2. In addition to the general conditions stipulated in Clause 1 of this Article, the establishment of public service units under the transportation sector must also meet the criteria and conditions prescribed by specialized laws.

3. Conditions for establishing other public service units under the transportation sector but within the administrative management scope of other Ministries and sectors shall be implemented according to relevant laws and regulations and those Ministries and sectors.

Article 5. Conditions for merging and consolidating public service units

1. Merger and consolidation of public service units shall be carried out when meeting the conditions stipulated in Clause 2, Article 5 of Decree No. 120/2020/NĐ-CP.

2. Public service units formed after merger or consolidation must satisfy all establishment conditions stipulated in Article 4 of this Circular and relevant laws. The merger or consolidation of public service units must ensure that the current level of financial autonomy is not reduced; in cases where units with different levels of financial autonomy are merged or consolidated, the level of financial autonomy of the public service unit after merger or consolidation shall be implemented according to the decision of the competent authority.

3. Conditions for merger or consolidation for other public service units under the transportation sector but within the administrative management scope of other Ministries and sectors shall be implemented according to relevant laws and regulations and those Ministries and sectors.

Article 6. Conditions for dissolving public service units

1. Dissolution of public service units shall be carried out when one of the conditions stipulated in Clause 3 Article 5 of Decree No. 120/2020/NĐ-CP is met.

2. Conditions for dissolution for other public service units under the transportation sector but within the administrative management scope of other Ministries and sectors shall be implemented according to relevant laws and regulations and those Ministries and sectors.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from September 1, 2021.

2. In cases where the legal documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

Article 8. Responsibility for Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, Directors of Departments, Heads of subordinate agencies and units of the Ministry, Chairpersons of Provincial People's Committees under the Central Government, and related agencies and organizations are responsible for implementing this Circular./.