Circular No. 12/2023/TT-BNNPTNT guiding the Management Board and standards, conditions for appointing and relieving members of the Management Board in public service units under the agricultural and rural development sector.

CIRCULAR

Guidelines on the Management Board and standards, conditions for appointment, removal of Management Board members in public service units under the construction sector

remove members of the Management Board in public service units

public service units in the field of agriculture and rural development

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Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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;

On the basis of Decree No. 60/2021/NĐ-CPdated June 21, 2021, of the Government stipulating the financial autonomy mechanism of public service units;

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 Agriculture and Rural Development issues this Circular to guide on the Management Board and standards, conditions for appointing and dismissing members of the Management Board in public service units in the field of agriculture and rural development.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the functions, tasks, powers, organizational structure, operational regulations of the Management Board in public service units in the field of agriculture and rural development (hereinafter referred to as the Management Board), the relationship between the Management Board and the head of the public service unit and the superior management agency; standards, conditions for appointing and dismissing members of the Management Board, including the Chairman of the Management Board.

Article 2. Applicability

1. Public service units in the field of agriculture and rural development established by competent authorities in accordance with 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).

Agencies, organizations, and individuals related to the establishment and operation of the Management Board in public service units in the field of agriculture and rural development.

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

Principles, conditions, and authority for establishing the Management Board in public service units in the field of agriculture and rural development shall be implemented in accordance with Clause 1, Clause 2, and Clause 7 of Article 7 of Decree No. 120/2020/NĐ-CP.

Chapter II
FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE,

OPERATING REGULATIONS OF THE MANAGEMENT BOARD

Article 4. Functions, Tasks, and Powers

The Management Board performs its functions, tasks, and powers in accordance with Clause 3 of Article 7 of Decree No. 120/2020/NĐ-CP.

Article 5. Number and Composition of Members

1. The Management Board has from five to eleven members depending on the characteristics of the unit, including the Chairman, Secretary, and other members. Depending on the requirements of the tasks, the Management Board may have a Vice-Chairman. The Chairman and other members of the Management Board are appointed by the head of the agency authorized to approve the self-management proposal of the public service unit. The term of office of Management Board members does not exceed five years.

2. Composition of the Management Board

a) The Chairman of the Management Board is the representative leader of the public service unit or the representative of the direct superior management agency of the public service unit; the Chairman of the Management Board cannot simultaneously be the head of the public service unit;

b) Representatives of the superior and direct superior management agencies of the public service unit (in case the Chairman of the Management Board is the representative leader of the public service unit) or representatives of the leadership of the public service unit (in case the Chairman of the Management Board is the representative of the superior and direct superior management agencies);

c) Representatives of some departments and divisions directly under the public service unit (if any). In cases where there are no subordinate organizations, representatives of staff of the public service unit may participate in the Management Board;

d) Representatives of the Party Committee and mass organizations of the public service unit;

đ) Representatives of related organizations and units (if any).

3. The number, composition, and specific components of Management Board members are decided by the head of the agency authorized to approve the self-management proposal of the public service unit in accordance with Clause 1 of this Article.

Article 6. Tasks and Authorities of Council Members

1. Chairman of the Management Board

a) Direct, lead, and organize the implementation of the tasks and powers of the Management Board as stipulated in Article 4 of this Circular;

i) Being responsible for the performance of their duties and powers.

c) Lead the preparation of the activity plan for each term and annually, quarterly of the Management Board; lead the implementation of resolutions of the Management Board;

a) Directing the activities of the Management Board when authorized by the Chairperson of the Management Board;

đ) Sign documents within the authority of the Management Board as prescribed;

c) Performing the duties and powers of members of the Management Board as prescribed in Clause 5 of this Article.

g) Perform the duties of Management Board members as stipulated in Clause 4 of this Article and other duties and powers according to the law and the operating regulations of the Management Board.

2. Vice-Chairman of the Management Board (if any)

a) Manage activities and sign documents of the Management Board under the authorization of the Chairman of the Management Board;

b) Perform the duties and powers of Management Board members as stipulated in Clause 4 of this Article and other duties and powers according to the operating regulations of the Management Board.

3. Secretary of the Management Board

a) Compile information about the unit's activities to report to the Chairman of the Management Board; prepare agendas, contents, documents, send meeting invitations, and serve as secretary for meetings of the Management Board; draft, complete, store, and manage documents of the Management Board;

b) Prepare reports and documents to explain to state management agencies and related agencies according to the functions and tasks of the Management Board;

c) Perform the duties and powers of Management Board members as stipulated in Clause 4 of this Article and other duties and powers according to the operating regulations of the Management Board.

4. Members of the Management Board

a) Carry out tasks assigned by the Chairman of the Management Board; other duties and powers according to the law and the operating regulations of the Management Board and the public service unit;

b) Participate in building the activity plan for each term and annually; propose contents and issues to be discussed at the Management Board meetings;

c) Attend Management Board meetings, provide opinions, and vote on matters discussed at the Management Board meetings;

d) Be provided with and have access to information and documents serving the work of the Management Board as prescribed.

Article 7. Working Regime

1. The Management Board works under a collective regime and decides by majority. Decisions of the Management Board are expressed in the form of Resolutions. A Resolution of the Management Board is adopted when at least two-thirds of the members of the Management Board present at the vote agree to its adoption. The form of voting is specifically provided for in the Operation Regulations of the Management Board.

2. The Management Board convenes regular meetings according to the Operation Regulations; extraordinary meetings as required by work or upon the proposal of the Chairman of the Management Board, the head of the public service unit, or in writing by the majority of the Management Board members. Meetings of the Management Board are considered valid when at least two-thirds of the Management Board members are present, including the Chairman of the Management Board or one member of the Management Board delegated or authorized by the Chairman to chair the meeting.

3. Representatives of the superior management agency, the direct superior agency of the public service unit in the Management Board work on a concurrent basis; Management Board members who are civil servants or officials from other agencies work on a concurrent basis; Management Board members who are officials of the public service unit may work on a full-time or concurrent basis and are determined in the Proposal for Establishing the Management Board.

4. The Management Board operates according to the Operation Regulations approved by the agency or person with authority to decide on the establishment of the Management Board.

5. The Management Board uses the seal and organizational structure of the public service unit to implement the tasks of the Management Board.

Article 8. Operation Regulations

1. The rules of operation of the Management Board include the following main contents:

a) General provisions;

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

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

d) The operational mechanism of the Management Board;

d) The tasks, powers of members of the Management Board; appointment, supplementation, replacement, removal, disciplinary action against members of the Management Board;

e) Work relationships;

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

2. The Management Board builds or proposes amendments and supplements to the Operation Regulations of the Management Board, sends them to the competent authority specified in point b, Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP for review, and submits them to the competent authority specified in Clause 7, Article 7 of Decree No. 120/2020/NĐ-CP for approval.

Article 9. Work Relations

1. Relations between the Management Board and the superior management agency

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

b) The Management Board has the responsibility to periodically or urgently report to the superior management agency on the activities of the public service unit;

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

2. Relations 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 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 on the activities of the public service unit according to the requirements of the Management Board;

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

Chapter III
STANDARDS AND CONDITIONS FOR APPOINTMENT AND REMOVAL

OF MANAGEMENT BOARD MEMBERS

Article 10. Standards and Conditions for Appointing Members of the Management Board

1. Management Board members must meet the following standards and conditions:

a) They are civil servants or officials. In cases where Management Board members are representatives of related organizations, they are not necessarily civil servants or officials;

b) They have good political qualities, ethics, and sufficient health to undertake the work;

c) Not during the period of implementing disciplinary decisions or under investigation for disciplinary actions according to the provisions of the law;

d) They have a bachelor's degree or higher education level suitable for the requirements of the public service unit;

đ) They are not the spouse, father, mother, child, brother, sister, or half-sibling of the head, deputy head, or chief accountant of the public service unit.

2. The Chairman of the Management Board must meet the following standards and conditions:

a) The standards and conditions stipulated in Clause 1 of this Article;

b) They have management capabilities and meet the standards of the head of the public service unit as prescribed by law.

3. The Chairman and other members of the Management Board shall be appointed by the head of the competent authority approving the self-governance proposal of the public institution.

Article 11. Conditions for the removal of Management Board members

1. The Chairman of the Board and Management Board members shall be removed if they fall under any of the following circumstances:

a) There is a written request from an individual to withdraw from the Management Board and such request is accepted by the competent authority;

b) They are restricted in their capacity for civil acts according to a decision of the competent authority;

c) They are unable to perform the assigned tasks due to poor health and have been absent from work for more than six months without their working ability being restored;

d) Being convicted by a court with a final judgment.

d) They no longer meet the criteria for Management Board members as stipulated in Article 10 of this Circular;

e) They transfer jobs or retire, cease employment as prescribed;

g) They are rated as not fulfilling their duties for two consecutive years in terms of quality assessment of civil servants and officials;

h) More than fifty percent of the total number of Management Board members make a written recommendation for their removal;

i) They commit other violations as specified in the organizational and operational regulations of public service units, and the Management Board's operational regulations.

2. The competent authority that appoints the Chairman of the Board and Management Board members shall consider and decide on the removal of the Chairman of the Board and Management Board members.

Chapter V
IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from January 15, 2024.

2. This Circular replaces Circular No. 41/2018/TT-BNNPTNT dated December 28, 2018, issued by the Minister of Agriculture and Rural Development guiding the organization and operation of the Management Board in public service units under the agriculture and rural development sector (hereinafter referred to as Circular No. 41/2018/TT-BNNPTNT).

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.

Article 13. Transitional Provisions

Management Board members appointed in accordance with Circular No. 41/2018/TT-BNNPTNT shall continue to fulfill their duties until the end of their term.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Heads of agencies and units under the Ministry of Agriculture and Rural Development, People's Committees of provinces and centrally-administered cities with public service units in the agriculture and rural development sector, heads of public service units, and related agencies and organizations are responsible for implementing this Circular.

2. During implementation, if there are difficulties, they should be reported to the Ministry of Agriculture and Rural Development for guidance and resolution in accordance with the regulations./.