Circular No. 12/2023/TT-BKHĐT guiding the Management Board and criteria, conditions for appointing and dismissing members of the Management Board in public service units under the planning, investment, and statistics sectors.

 

CIRCULAR

Guidelines on the Board of Management and standards, conditions for appointing and dismissing members of the Board of Management in public service units under the planning, investment, and statistics sectors

_________________

Pursuant to Decree No. 89/2022/NĐ-CP dated October 28, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

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;

After receiving the unified opinion of the Ministry of Home Affairs in Circular No. 6509/BNV-TCBC dated December 20, 2022;

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.

The Minister of Planning and Investment issues this Circular guiding on the Board of Management and standards, conditions for appointing and dismissing members of the Board of Management in public service units under the planning, investment, and statistics sectors.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the establishment, position, functions, tasks, powers, organizational structure, operational regulations, and working relationships of the Board of Management in public service units; standards, conditions for appointing and dismissing members of the Board of Management in public service units under the planning, investment, and statistics sectors (hereinafter referred to as the Board of Management).

Article 2. Applicability

1. Public service units under the planning, investment, and statistics sectors are established by competent authorities according to Article 2 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 120/2020/NĐ-CP).

2. Agencies, organizations, and individuals related to the establishment and operation of the Board of Management in public service units under the planning, investment, and statistics sectors.

Chapter II
ESTABLISHMENT OF THE BOARD OF MANAGEMENT

Article 3. Principles and Conditions for Establishing the Management Board

Principles and conditions for establishing the Board of Management shall be implemented in accordance with Clause 1 and Clause 2 of Article 7 of Decree No. 120/2020/NĐ-CP.

Article 4. Authority to establish the Board of Management and approve the Operational Regulations of the Board of Management

1. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and the head of an organization established by the Government or the Prime Minister that is not a public service unit decides on the establishment and approval of the Operational Regulations of the Board of Management in public service units within the management scope of the ministry, ministry-equivalent agency, government agency, or organization established by the Government or the Prime Minister that is not a public service unit (hereinafter referred to as the ministry, agency, and organization).

2. The People's Committee of a province decides on the establishment and approval of the Operational Regulations of the Board of Management in public service units within the management scope of the People's Committee of the province.

Article 5. Procedure for Establishing the Board of Management

1. Requesting approval for the establishment of the Board of Management.

a) After exchanging and reaching consensus among the leadership of the unit regarding the policy to establish the Board of Management, the head of the public service unit organizes a joint meeting between the leadership of the unit, the same-level party committee (if there is a same-level party committee), and representatives of political and social organizations to discuss the establishment, the proposed number, and the composition of participants in the Board of Management.

b) Based on the joint meeting, the head of the public service unit prepares a report proposing the establishment of the Board of Management along with the minutes of the joint meeting to send to the authority for review to submit to the agency or person authorized under Article 4 of this Circular for approval of the policy to establish the Board of Management.

For public service units with direct superior management units, the head of the public service unit sends the report to the direct superior management authority for consideration and sends a letter to the authority for review to submit to the person authorized under Article 4 of this Circular for approval of the policy to establish the Board of Management.

2. Proposing the establishment of the Board of Management after obtaining approval of the policy.

a) After obtaining approval of the policy, the head of the public service unit directs the organization to prepare the dossier for the establishment of the Board of Management, and organizes a meeting of key cadres of the unit to provide opinions on the proposal for the establishment, draft Operational Regulations, and the proposed personnel to join the Board of Management of the unit. Personnel joining the Board of Management must meet the standards and conditions stipulated in Article 14 of this Circular.

b) The meeting of key cadres of the unit includes the head, deputy heads of the head, party committee, trade union chairman, youth league secretary, leaders of subordinate departments and divisions (if any), and representatives of the superior management authority and direct superior management authority (if any) of the public service unit.

c) Based on the results of the meeting of key cadres, the head of the public service unit directs the completion of the dossier for the establishment of the Board of Management to send to the authority for review to submit to the person authorized under Article 4 of this Circular for decision.

For public service units with direct superior management units, the head of the public service unit sends the dossier to the direct superior management authority to send to the authority for review to submit to the person authorized under Article 4 of this Circular to consider and decide on the establishment of the Board of Management.

3. The authority reviewing the dossier for the establishment of the Board of Management conducts a review of the contents regarding the necessity, number, composition, components, standards of Board of Management members; functions, tasks, powers, operational regulations of the Board of Management, and other related contents, specifically:

a) The Department of Organization and Cadres or the Cadre Organization Board reviews for the establishment of the Board of Management in public service units within the management scope of the ministry, agency, and organization.

b) The specialized agency advising state management in the organizational structure sector at all levels of the People's Committees reviews for the establishment of the Board of Management in public service units within the management scope of the People's Committees at all levels according to the delegation of the provincial People's Committee.

4. Based on the review results, the public service unit or the direct superior management unit of the public service unit reports and explains, adopts the review opinions, completes the dossier, and reports to the authority or person authorized for consideration and decision on the establishment of the Board of Management.

5. On the basis of the document proposing the establishment, the document reviewing the establishment of the Management Board, the agency or person authorized to establish the Management Board pursuant to Article 4 of this Circular shall examine and decide on the establishment of the Management Board and approve the Operation Regulation of the Management Board.

Article 6. Documents for Proposing the Establishment of the Management Board

1. The document proposing the establishment of the Management Board of the public service unit; the document proposing the establishment of the Management Board of the directly managing superior unit of the public service unit (if any), the directly managing superior unit of the public service unit under the ministry, agency, and organization that is a subordinate unit of the ministry, agency, and organization; the directly managing superior unit of the public service unit under the Department, Office, and unit under the People's Committee at various levels being the Department, Office, and unit under the People's Committee at various levels.

2. The proposal for establishing the Management Board.

3. Draft of the Operation Regulation of the Management Board.

4. Documents proving the eligibility to establish the Management Board as stipulated in Article 3 of this Circular.

5. Minutes of the joint meeting and the conference of key cadres.

6. Opinions of related agencies and units (Summary report and explanation of opinions received, report on reviewing the establishment of the Management Board, report on adopting and explaining the review opinions and other reports and opinions if any).

7. Other relevant documents (if any).

Article 7. Contents of the Proposal for Establishing the Management Board

1. The necessity and legal basis for establishing the Management Board.

2. Position, functions, tasks, powers of the Management Board.

3. Number, structure of Management Board members; specific tasks of Management Board members.

4. Proposed human resources plan of the Management Board.

5. Recommendations of the agency proposing the establishment of the Management Board (if any).

6. Other contents as prescribed by specialized laws (if applicable).

Chapter III
POSITION, FUNCTIONS, TASKS, POWERS, STRUCTURE AND OPERATION REGULATION OF THE MANAGEMENT BOARD

Article 8. Position, Functions of the Management Board

1. The Management Board is the representative of the ministry, agency, and organization (for public service units under the management scope of the ministry, agency, and organization) in the public service unit.

2. The Management Board is the representative of the Provincial People's Committee (for public service units under the management scope of the Provincial People's Committee) in the public service unit.

Article 9. Tasks, Powers of the Management Board

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.

Article 10. Number, Structure of Members of the Management Board

1. The Management Board has from five to eleven members depending on the characteristics of each unit, including the Chairman of the Management Board and other Management Board members (Management Board Secretary, other Management Board members; depending on the requirements of the tasks, the Management Board may have a Deputy Chairman of the Management Board).

The term of office of Management Board members does not exceed five years.

2. Structure of Management Board members:

a) The Chairman of the Management Board is the leadership representative of the public service unit or the representative of the superior management agency of the public service unit (representative of the ministry, agency, and organization for public service units under the ministry, agency, and organization; representative of the Provincial People's Committee for public service units under the Provincial People's Committee; leadership representative of the Department, Office, and unit for public service units under the Department, Office, and unit) or the representative of the directly superior management agency (if any) decided by the authorized person.

b) Representative of the superior management agency and the directly superior management agency of the public service unit (in case the Chairman of the Management Board is the leadership representative of the public service unit) or the leadership representative of the public service unit (in case the Chairman of the Management Board is the representative of the superior management agency, directly superior management agency).

c) Management Board Secretary.

d) Representative of the Party committee, chairman of the trade union, secretary of the youth league, leaders of affiliated departments and offices (if any). In case there is no affiliated organization, then appoint a representative of the staff of the public service unit to join the Management Board.

đ) Representative of organizations with related interests (if any).

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 11. Principles of work, operational regime, and working relationships of the Management Board

1. The Management Board operates according to the Operational Regulations approved by the authority or person with the power to decide on the establishment of the Management Board.

2. The Management Board implements the principle of collective discussion, democracy, transparency, voting, and decision-making by majority, except where the Operational Regulations of the Management Board stipulate a higher voting ratio; decisions of the Management Board are expressed in the form of Resolutions.

Resolutions of the Management Board are adopted when more than 50% of the total number of members listed by the Management Board agree. In case of equal votes, the side with the vote of the Chairman of the Management Board will prevail. Meetings must be recorded in minutes, with comments and signatures of attending members.

In cases where meetings are not organized, opinions in writing from all members of the Management Board must be obtained to unify the resolution. The Chairman of the Management Board signs and issues the Resolution, sending it to the members of the Management Board and the superior supervisory agency within no later than 15 working days from the date of the meeting.

3. Representatives of the superior supervisory agency and the direct superior of the public service unit in the Management Board work under the concurrent position system. Members of the Management Board who are civil servants or officials from other agencies work under the concurrent position system; members of the Management Board who are officials of the public service unit may work under either the dedicated position or concurrent position system, as determined in the Project for Establishing the Management Board.

The remuneration and allowances of the members of the Management Board are specifically stipulated in the internal expenditure regulations of the public service unit.

4. The Management Board organizes meetings based on the requirements of the Management Board and as specified in the Operational Regulations of the Management Board. The Management Board convenes at least once every three months and holds extraordinary meetings when there is a written request from more than 30% of the total number of Management Board members or a request from the Chairman of the Management Board or the head of the public service unit.

A meeting of the Management Board is considered valid when at least two-thirds of the Management Board members attend.

Annually or at any time upon request, the Chairman of the Management Board reports to the competent authority on the results and effectiveness of the organization's activities.

5. Regarding the delegation of management authority by the Management Board.

When the Chairman of the Management Board cannot work during the period specified in the organizational and operational regulations of the unit, they must delegate their responsibilities in writing to the Vice-Chairman of the Management Board (if any) or the Secretary of the Management Board to assume the responsibilities of the Chairman of the Management Board.

The delegation document must be notified to the members of the Management Board, sent to the superior supervisory agency, and publicly announced within the unit. The delegation period shall not exceed six (6) months.

7. The Management Board may use the seal and organizational structure of the public service unit to implement the tasks of the Management Board.

8. Relationship between the Management Board and the superior supervisory agency.

a) The Management Board is responsible to the superior supervisory agency for the results of the assigned tasks and powers.

b) The Management Board has the responsibility to report the activities of the public service unit to the superior supervisory agency.

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

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

a) The Management Board decides issues within its jurisdiction based on the head of the public service unit's proposal.

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 the resolutions before the Management Board and the law.

c) The head of the public service unit has the responsibility to periodically or urgently report the activities of the public service unit as requested by the Management Board.

d) The head of the public service unit is subject to inspection and supervision by the Management Board.

Article 12. Rules of Operation of the Management Board

1. Based on the content of the draft Rules of Operation of the Management Board approved in the establishment dossier of the Management Board, the Chairman of the Management Board shall develop and promulgate the Rules of Operation of the Management Board.

2. The Rules of Operation of the Management Board shall include the following main contents:

a) General provisions.

b) Functions, tasks, and authorities of the Management Board.

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

d) The operational mechanism of the Management Board.

đ) Tasks, authorities, and term of office of Management Board members; appointment, change, removal, and disciplinary action against Management Board members.

e) Relationships between the Management Board and the head of the public service unit and the superior supervisory agency.

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

3. In cases where it is necessary to amend or supplement the Rules of Operation, the Management Board shall approve the amended and supplemented Rules of Operation and submit them to the competent authority for review and approval according to the provisions of Article 4 of this Circular.

Article 13. Tasks and Authorities of Members of the Management Board

1. Tasks and Authorities of the Chairman of the Management Board.

a) Direct the Management Board to perform the tasks and exercise the authorities stipulated in Article 9 of this Circular.

b) Organize supervision and evaluation of the results of implementing strategic goals and the performance of the public service unit; the management and leadership results of the head of the public service unit.

c) Direct the development of the Management Board's activity plan for each term and annually, quarterly; lead the implementation of Management Board resolutions.

d) Convene and chair Management Board meetings; direct the preparation of meeting agendas and materials or seek opinions from Management Board members.

đ) Represent the Management Board to sign Management Board documents.

e) Perform other tasks and exercise other authorities as prescribed by law or by the organizational and operational rules of the Management Board and the public service unit.

2. Tasks and Authorities of the Deputy Chairman of the Management Board (if any).

a) Manage activities and sign documents according to the division of labor and delegation by the Chairman of the Management Board.

b) Perform the tasks and exercise the authorities of other Management Board members as stipulated in Clause 4 of this Article.

3. Tasks and Authorities of the Secretary of the Management Board.

Perform the tasks and exercise the authorities of other Management Board members as stipulated in Clause 4 of this Article and directly assist the Chairman of the Management Board with the following tasks:

a) Compile information on the activities of the unit to report to the Chairman of the Management Board; prepare the agenda, documents, meeting invitations, and serve as secretary for Management Board meetings; draft, complete, and archive Management Board documents.

b) Prepare reports and explanatory documents for state agencies and related agencies according to the tasks and functions of the Management Board.

c) Other tasks assigned by the Chairman of the Management Board and as per the operational regulations of the Management Board.

4. Tasks and Authorities of Other Members of the Management Board.

a) Carry out tasks assigned by the Management Board; other tasks and authorities as prescribed by law and the Rules of Operation of the Management Board and the public service unit.

b) Participate in drafting the activity plan for each term and annually; propose discussion topics at Management Board meetings.

c) Attends Management Board meetings, contributes opinions, and votes on issues discussed during Management Board meetings.

Chapter IV
STANDARDS AND CONDITIONS FOR APPOINTMENT, REMOVAL OF MEMBERS OF THE MANAGEMENT BOARD

Article 14. Criteria and Conditions for Members of the Management Board

1. Criteria and conditions for members of the Management Board.

a) Possess good political qualities, moral conduct, and discipline awareness.

b) Have sufficient health to fulfill assigned tasks and responsibilities.

c) Hold a bachelor's degree or higher.

d) Having at least one term of five years of working age for civil servants and officials.

đ) Not being in the period of implementing disciplinary decisions or under consideration for disciplinary action according to the provisions of the law.

e) Not being the spouse, parent, child, brother, sister, or sibling of the head, deputy head, or chief accountant of the public service unit.

2. Criteria and conditions for the Chairman of the Management Board.

a) Meeting the provisions of Clause 1 of this Article.

b) Possessing management capabilities or expertise in the field of operation of the public service unit.

Article 15. Authority to Appoint Members of the Management Board

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

2. Deputy Chairmen of the Management Board (if any), Secretary of the Management Board, and other members of the Management Board shall be appointed by the head of the authority approving the self-management proposal of the public service unit.

Article 16. Appointment, Supplement, and Replacement of Members of the Management Board

1. Ninety days before the end of the term, the Chairman of the Management Board shall convene a meeting of the Management Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and approval of the plan to supplement or replace the Management Board for the next term.

After receiving approval, the Chairman of the Management Board shall convene a meeting of the Management Board to discuss, vote secretly to approve the personnel for supplementation or replacement; submit the dossier to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and decision.

2. In case the Management Board is missing members (resigned, retired, deceased, transferred to another job unsuitable for the structure of the Management Board), the Chairman of the Management Board shall convene a meeting of the Management Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and approval of the plan to supplement or replace.

In case the Chairman of the Management Board is missing (dismissed, resigned, retired, deceased, transferred to another job unsuitable for the structure of the Management Board), the Deputy Chairman of the Management Board (if any) or the Secretary of the Management Board shall convene a meeting of the Management Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and approval of the plan to supplement or replace.

In case the Chairman of the Management Board, Deputy Chairman of the Management Board (if any), and the Secretary of the Management Board are all missing, the head of the public service unit shall convene a meeting of the Management Board to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and approval of the plan to supplement or replace.

After receiving approval, the Chairman of the Management Board or Deputy Chairman of the Management Board (if any) or the Secretary of the Management Board or the head of the public service unit shall convene a meeting of the Management Board to discuss, vote secretly to approve the personnel for supplementation or replacement; submit the dossier to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and decision.

The time limit for replacing Management Board members is sixty days from the date a member is missing.

3. For public service units directly managed by a superior unit, the Management Board shall send a request for approval and the dossier proposing supplementation or replacement to the direct superior management authority to submit to the authority for review as stipulated in Clause 3, Article 5 of this Circular to report to the authority with the power to appoint Management Board members as stipulated in Article 15 of this Circular for examination and decision.

4. The dossier for appointment, supplementation, or replacement includes:

a) A proposal letter from the Management Board.

b) A letter from the direct superior management authority of the public service unit proposing the appointment, supplementation, or replacement of Management Board members (if there is a direct superior unit).

c) Resolutions and Minutes of the Management Board meetings.

d) Written opinions of the same-level Party Committee (if there is a same-level Party Committee).

đ) Curriculum vitae of the proposed appointee, supplemented, or replaced person confirmed by the direct management agency of cadres, with a color photograph measuring 4 cm x 6 cm attached.

e) Other relevant documents and materials (if applicable).

Article 17. Removal of Management Board Members

1. A Management Board member shall be removed if they fall under any of the following circumstances:

a) There is a written request from the individual to withdraw from the Management Board.

b) They are restricted in their capacity for civil acts.

c) They are unable to perform assigned tasks due to poor health and have been on sick leave for more than six months without recovery of work capacity.

d) They are convicted by a court with a legally effective judgment.

đ) More than 50% of the total number of Management Board members make a written request for removal.

e) They commit other violations as stipulated in the organizational and operational regulations of the public service unit and the Management Board's operational regulations.

g) They transfer jobs, retire, or resign.

2. When the Chairman of the Management Board or a Management Board member falls under any of the circumstances for removal, the Chairman of the Management Board or the Vice-Chairman of the Management Board (if there is one) or the Secretary of the Management Board (in the case of removing the Chairman of the Management Board and the Management Board does not have a Vice-Chairman of the Management Board) shall convene a Management Board meeting to discuss, reach consensus, seek opinions from the same-level Party Committee, and submit the dossier to the authority specified in Clause 3, Article 5 of this Circular for reporting to the authority authorized to appoint Management Board members under Article 15 of this Circular to consider the removal of the Chairman or a Management Board member.

For public service units directly managed by a superior unit, the head of the public service unit shall submit the removal request dossier to the direct superior management authority for submission to the authority specified in Clause 3, Article 5 of this Circular for reporting to the authority authorized to establish the Management Board under Article 15 of this Circular to consider the removal of the Chairman or a Management Board member.

In the event that the Chairman of the Management Board, the Vice-Chairman of the Management Board (if there is one), and the Secretary of the Management Board are all removed, the authority authorized to establish the Management Board under Article 15 of this Circular shall direct the organization to implement and conduct the removal meeting.

3. Dossier for Requesting Removal

a) The Management Board's written removal request, clearly stating the reasons for removal and the written request from the individual to withdraw from the Management Board as provided for in point a, Clause 1, Article 17 of this Law.

b) The written request from the direct superior management authority of the public service unit to remove a Management Board member (if there is a direct superior unit).

c) Resolutions and Minutes of the Management Board meetings.

d) The written opinion of the same-level Party Committee regarding the removal of a Management Board member (if there is a same-level Party Committee).

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

4. The authority authorized to appoint Management Board members under Article 15 of this Circular shall examine and decide on the removal of a Management Board member.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from January 19, 2024.

Article 19. Responsibility for Implementation

1. Ministries, agencies at the ministerial level, government agencies, organizations established by the Government or the Prime Minister that are not public service units, People's Committees of provinces and centrally-administered cities having public service units in the planning, investment, and statistics sectors are responsible for directing the implementation of this Circular.

2. Public service units in the planning, investment, and statistics sectors, relevant agencies, organizations, and individuals are responsible for implementing this Circular.

3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of those amended, supplemented, or replacing documents shall apply.

4. Public service units operating in multiple fields, including the planning, investment, and statistics sectors, shall base their application on the guidance provided in this Circular, relevant Party regulations, and laws.

5. During the implementation of this Circular, if difficulties or obstacles arise, relevant agencies, units, organizations, and individuals shall report to the Ministry of Planning and Investment for guidance and resolution according to regulations./.