Circular No. 12/2021/TT-BVHTTDL guides the functions, tasks, authorities, organizational structure, and operational regulations of the Management Board in public service units under the cultural, family, sports, and tourism sectors.

CIRCULAR

GUIDANCE ON THE FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND REGULATIONS OF THE MANAGEMENT BOARD IN PUBLIC SERVICE UNITS IN THE FIELD OF CULTURE, FAMILY, SPORTS AND TOURISM  OPERATIONS AND RECREATION

Pursuant to Government Decree No. 79/2017/NĐ-CP dated July 17, 2017, on 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;

Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism for public service units; In accordance with the proposal of the Director of the Personnel Department;

The Minister of Culture, Sports and Tourism issues this Circular to guide on the functions, tasks, powers, organizational structure and regulations of the Management Board in public service units in the field of culture, family, sports and tourism (hereinafter referred to collectively as the Management Board) and the relationship between the Management Board and the head of the public service unit and the superior management agency.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the functions, tasks, powers, organizational structure and regulations of the Management Board in public service units in the field of culture, family, sports and tourism (hereinafter referred to collectively as the Management Board) and the relationship between the Management Board and the head of the public service unit and the superior management agency.

Article 2. Applicability

1. Public service units that self-fund their regular expenses and investment activities in the field of culture, family, sports and tourism (hereinafter referred to collectively as public service units) under the jurisdiction of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to collectively as provincial People's Committees).

2. Public service units under political organizations and political-social organizations shall apply this Circular and relevant regulations of the Party and laws accordingly.

3. Agencies, organizations, and individuals related to the establishment and operation of the Management Board in public service units.

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

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

1. Principles, conditions, procedures, and authority for establishing the Management Board in public service units shall be implemented according to the provisions of Article 7 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units.

2. The proposal for establishing the Management Board shall be developed by the public service unit and submitted to the competent authority for examination and decision-making. The content of the proposal for establishment includes:

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, OPERATING REGULATIONS OF THE MANAGEMENT BOARD AND RELATIONSHIP BETWEEN THE MANAGEMENT BOARD AND THE HEAD OF THE PUBLIC SERVICE UNIT AND SUPERIOR MANAGEMENT AGENCY MANAGEMENT BOARD AND THE RELATIONSHIP BETWEEN THE MANAGEMENT BOARD AND THE HEAD OF THE ESTABLISHED STATE ENTERPRISE AND THE SUPERIOR ADMINISTRATIVE AUTHORITYTHE RELATIONSHIP BETWEEN THE MANAGEMENT BOARD AND THE HEAD OF THE ESTABLISHED STATE ENTERPRISE AND THE SUPERIOR ADMINISTRATIVE AUTHORITY

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The Management Board represents the ministry, ministerial-level agency, government agency, and provincial People's Committee at the public service unit.

2. The Management Board decides on policies, strategies, activity plans, finance, and organizational structures (excluding the number of staff as prescribed by the law on civil servants); monitors and supervises the implementation of objectives and activity plans of the public service unit in accordance with the law and the operating regulations of the Management Board approved by the competent authority.

Article 5. Tasks and Powers

1. Decide on the medium-term and annual strategic plans of the public service unit.

2. Decide on policies for expanding operations, establishing, restructuring, and dissolving subordinate units within the public service unit.

3. Decide on policies regarding organizational structures and personnel (excluding the number of staff as prescribed by the law on civil servants).

4. Decide within its authority or submit to the competent authority for decisions on finance, assets, construction of physical facilities, procurement of equipment, and mobilization of necessary resources for the development of activities of the unit in accordance with the self-management mechanism of the public service unit approved by the competent authority and in accordance with the law.

5. Decide on the direction of professional and business activities and the development of science and technology, international cooperation of the public service unit.

6. Approve the organizational and operational regulations of the public service unit to submit to the competent authority for approval.

7. Approve the annual financial settlement report of the public service unit.

8. Regularly or urgently report to the superior management agency on the activities of the public service unit.

9. Regularly or urgently request the head of the public service unit to report on the activities of the public service unit.

10. Implement monitoring and supervision of the implementation of resolutions of the Management Board, strategic plans, activity plans, and the implementation of democratic regulations of the public service unit.

11. Decide on other important matters of the public service unit in accordance with the law.

Article 6. Number, Structure, and Composition of the Management Board

1. The Management Board shall have from five to eleven members, including the Chairman and other members. The Chairman and members of the Management Board shall be appointed by the head of the competent authority approving the self-management proposal of the public service unit. The term of office for Management Board members shall not exceed five years.

2. The composition of the Management Board includes:

a) Representatives of the superior management agency of the public service unit, including representatives of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and direct superior management agencies (if any), working on a concurrent basis;

b) Secretaries of Party committees, heads, deputy heads of public service units; representatives of political-social organizations and some subordinate units of the public service unit.

3. The number, structure, and specific composition of Management Board members are decided by the head of the agency authorized to approve the autonomy proposal of the public service unit.

Article 7. Operation Mechanism

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

2. The Management Board works collectively, deciding by majority vote through secret ballot. The Management Board meets at least once every three months and may convene extraordinary meetings when necessary upon request of the Chairman of the Management Board or the competent authority establishing the Management Board. Meetings of the Management Board are considered valid if more than two-thirds of the members are present.

3. The Management Board may use the administrative support staff and seal of the public service unit to perform its tasks.

4. The Chairman of the Management Board is responsible for directing and organizing the implementation of the tasks and powers of the Management Board; guiding the development of annual programs and plans; organizing and chairing Management Board meetings; signing and issuing Management Board documents.

5. Management Board members carry out and are responsible for the tasks assigned by the Chairman of the Management Board; participate fully in Management Board meetings and are responsible for the implementation of their tasks and powers.

6. The operating expenses of the Management Board and any allowances (if applicable) for Management Board members are included in the operational costs of the public service unit as prescribed by law.

7. The operation mechanism of the Management Board is specified in the Operational Regulations of the Management Board.

Article 8. Work Relationships

1. Relationship between the Management Board and the head of the public service unit:

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 to implement the 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 directing the preparation of content, materials, and physical conditions serving the 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 Board has the responsibility to report the activities of the public service unit to the superior management agency as prescribed;

c) The superior management agency approves or provides opinions on matters within its jurisdiction upon the request of the Management Board.

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

Article 9. Operational Regulations

1. The Operation Regulation of the Management Board includes the following main contents:

a) General provisions;

b) Functions, tasks, and powers of the Management Board;

c) The number, structure, term of office of the Management Board;

d) Tasks, powers of the Chairman and members of the Management Board;

đ) Operation mechanism;

e) Work relationships;

g) Other provisions ensuring the operation of the Management Board in accordance with the law.

2. The Management Board establishes the Operational Regulations of the Management Board and submits them to the competent authority establishing the Management Board for approval.

Chapter III

IMPLEMENTATION

Article 10. Effective Date

This Circular takes effect from January 15, 2022.

Article 11. Responsibility for Implementation

Ministries, ministerial-level agencies, government agencies, provincial People's Committees with public service units in the fields of culture, family, sports, and tourism, and related agencies, organizations, and individuals are responsible for implementing this Circular.

During the implementation process, if there are any difficulties, it is requested that agencies, units, and individuals promptly reflect them to the Ministry of Culture, Sports and Tourism for research and appropriate amendments and supplements./.