Circular No. 15/2024/TT-BXD stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the construction sector.

 CIRCULAR

Criteria for classification, conditions for establishment, merger, consolidation,

dissolution of public service units under the construction sector

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Decree No. 52/2022/NĐ-CP dated 08 the 8 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;22 At the proposal of the Director of the Environmental Crime Prevention Bureau Ministry of Construction;

Pursuant to the Decreeh number 120/2020/NĐ-CP dated 07 the 10 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;20 of the Government stipulating on the establishment, restructuring, and dissolution of public service units;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering goods or services, or tendering for the provision of public products and services using state budget funds from regular expenditure;

At the proposal of the Director of the Cadre and Civil Servant Organization Department;

Minister of of Construction Issuing this Circular to stipulate criteria for classification, conditions for establishment, merger, consolidation, dissolution of public service units under the construction sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

1. This Circular applies to:

a) Public service units under the construction sector are established by competent authorities in accordance with the provisions of the law.

b) Agencies, organizations, and individuals related to the organization and operation of public service units under the construction sector.

2. This Circular does not apply to:

a) Public service units under the Ministry of Public Security and the Ministry of National Defense;

b) Public service units under the management of special administrative-economic units.

Article 3. Principles for establishment, merger, consolidation, and dissolution of public service units

1. The establishment, merger, consolidation, and dissolution of public service units under the construction sector must comply with the provisions of Article 4 of the Government's Decree No. 120/2020/NĐ-CP dated October 7, 2020, concerning the establishment, restructuring, and dissolution of public service units.

2. For public service units under the construction sector but within the jurisdiction of other Ministries and sectors, in addition to implementing these provisions, they shall also implement relevant legal regulations and those of the respective Ministries and sectors.

Chapter II

CRITERIA FOR CLASSIFICATION OF PUBLIC SERVICE UNITS

Article 4. Classification based on functions and tasks

1. Public service units with functions serving state management in the construction sector must have at least one of the following areas: urban planning; architecture, investment in construction, urban development, technical infrastructure, housing, real estate market, and building materials.

2. Public service units providing public services

a) Public service units providing public services funded by the state budget or basic and essential public services in the construction sector according to the list approved by the competent authority;

b) Public service units providing other public services in the construction sector.

3. Public service units serving state management and providing public services are units performing one or more functions and tasks specified in Clause 1 and one or more functions and tasks specified in Clause 2 of this Article.

Determining the type of public service unit in this clause is based on the functions and tasks of the public service unit approved by the competent authority.

Article 5. Classification based on the competent authority for establishment

1. Public service units established by the Prime Minister's authority.

2. Public service units established by the authority of the Minister, Head of a ministry-level agency, Head of an agency under the Government, or head of an organization appointed by the Government,

3. Public service units established by the authority of the People's Committee of a province.

4. Public service units established by other subjects in accordance with the provisions of the law.

Article 6. Classification based on the degree of financial autonomy

1. Classification based on the degree 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.

2. The determination of the degree of financial autonomy of public service units in the construction sector under Clause 1 of this Article shall be carried out in accordance with the Government's regulations on the financial autonomy mechanism for public service units.

Chapter III

CONDITIONS FOR ESTABLISHING, MERGING, CONSOLIDATING, AND DISSOLVING PUBLIC SERVICE UNITS

Article 7. Conditions for establishing public service units

1. The establishment of public service units in the construction sector must meet the conditions stipulated in points a, c, d, đ, and e of Clause 1 of Article 5 of Decree No. 120/2020/NĐ-CP and not fall within 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 in the construction sector must also meet other conditions as prescribed by relevant laws.

Article 8. Conditions for merging and consolidating public service units

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

2. Public service units formed after the merger and consolidation process must meet the conditions for establishing public service units as stipulated in Article 7 of this Circular and relevant laws. The merger and consolidation of public service units must ensure that the level of financial autonomy of the unit is not reduced; in cases where public service units with different levels of financial autonomy are merged and consolidated, the level of financial autonomy of the public service unit after the merger and consolidation shall be implemented in accordance with the provisions of the competent authority.

Article 9. Conditions for dissolving public service units

1. The dissolution of public service units shall be carried out when one of the conditions stipulated in Clause 3 of Article 5 of Decree No. 120/2020/NĐ-CP and other dissolution conditions as prescribed by other relevant laws are met.

2. Public service units can only dissolve after completing their financial obligations, property, land, loans, debts, and other related obligations and obtaining written confirmation from the competent authority.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from February 19, 2025.

2. In cases where the legal normative documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the provisions of the amended, supplemented, or replacing documents.

Article 11. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, municipal People's Committees directly under the central government, and related agencies and organizations are responsible for implementing this Circular.

2. During the implementation period, if there are difficulties or obstacles, please report to the Ministry of Construction for guidance, consideration, and resolution./.