Circular No. 16/2022/TT-BCT stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the industry and trade sector.

CIRCULAR

Regulations on criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the industry and field of Industry and Trade

The Minister of Industry and Trade promulgates this Circular to stipulate the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the industry and field of Industry and Trade.

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government 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;

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.

This Circular stipulates the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the industry and field of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Public service units under the industry and field of Industry and Trade established by the Ministry of Industry and Trade or provincial Departments of Industry and Trade upon decision or proposal to competent authorities with jurisdiction.

Article 2. Applicability

1. This Circular applies to:

b) Agencies, organizations, and individuals related to the classification, establishment, merger, consolidation, and dissolution of public service units under the industry and field of Industry and Trade.

2. This Circular does not apply to public service units under the management of the Ministry of Industry and Trade operating in the fields of press, publishing, science and technology, higher education, and vocational training.

CRITERIA FOR CLASSIFICATION, CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS UNDER THE INDUSTRY AND FIELD OF INDUSTRY AND TRADE

Chapter II

Article 3. Criteria for classifying public service units under the industry and field of Industry and Trade

1. Classification based on financial autonomy level

2. Classification based on functions and tasks

a) Public service units serving state administration

a) Public service units that self-fund regular expenses and investment costs;

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.

- Public service units performing the function of research to serve strategic planning and the development and improvement of institutional and policy frameworks for the industry and field of Industry and Trade;

- Public service units performing the function of disseminating Party guidelines, policies, State laws, and information about the industry and field of Industry and Trade;

- Public service units performing the function of training and capacity building for civil servants, officials, and workers in the Industry and Trade sector;

- Public service units performing other functions to support state administration within the industry and field of Industry and Trade.

b) Public service units providing public services

- Public service units in the field of inspection, testing, certification, trial, consulting, and industrial safety support;

- Public service units in the field of environment and cleaner production;

- Public service units in the field of chemicals, chemical management, and emergency response and chemical safety;

- Public service units in the field of sustainable production and consumption;

- Public service units in the field of energy efficiency and rational use of energy;

- Public service units in the field of power support and electricity market development;

- Public service units in the field of energy project management and renewable energy, operation management of energy information systems;

- Public service units in the field of industrial support and industrial development;

- Public service units in the field of competition management, consumer rights protection, and multi-level marketing business activity management;

- Public service units in the field of trade defense;

- Public service units in the field of import and export;

- Public service units in the field of trade promotion and investment development in the Industry and Trade sector;

- Public service units in the field of e-commerce and digital technology;

- Public service units in the field of promoting small and medium enterprises;

- Public service units in the field of Industry and Trade information and communication;

- Public service units in the field of health and environmental protection in industry;

- Other public service units providing public services in the Industry and Trade field.

c) Public service units serving state administration and providing public services

Public service units performing at least one function or task specified in point a and one function specified in point b of this clause.

The determination of the type of public service unit in the industry and field of Industry and Trade under this clause is based on the functions and tasks of the public service unit approved by the competent authority.

A public service unit shall perform at least one function and one task specified in Point a and one function specified in Point b of this Clause.

The determination of the form of a public service unit in the industry and commerce sector under this Clause is based on the functions and tasks of the public service unit approved by the competent authority.

Article 4. Conditions for establishing public service units in the industry and trade sector

The establishment of public service units operating in the industry and trade sector must meet the conditions stipulated in Clause 1 of Article 5 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).

Article 5. Conditions for merging or consolidating public service units in the industry and trade sector

1. Public service units in the industry and trade sector may be merged or consolidated when they fail to meet one of the conditions for establishing public service units specified in Clause 1 of Article 5 of Decree No. 120/2020/NĐ-CP.

2. There shall be adjustments to functions, tasks, and authorities to align with national industry planning or the planning of the public service unit network (if any), which have been approved by competent authorities; ensuring improved operational efficiency and compliance with the minimum number of staff stipulated in Point d of Clause 1 of Article 5 of Decree No. 120/2020/NĐ-CP.

3. The merger or consolidation of public service units must ensure that the current level of financial autonomy of the units is not reduced; in cases where units with different levels of financial autonomy are merged or consolidated, the level of financial autonomy of the resulting public service unit will be determined by the competent authority.

4. Public service units in the industry and trade sector located abroad: in addition to meeting the conditions specified in Clauses 1, 2, and 3 of this Article, they must also comply with the foreign policy of the Party and State and agreements between the Government of the Socialist Republic of Vietnam and the host government regarding the merger or consolidation of public service units.

Article 6. Conditions for dissolving public service units in the industry and trade sector

The dissolution of public service units in the industry and trade sector shall be carried out when the units meet one of the conditions stipulated in Clause 3 of Article 5 of Decree No. 120/2020/NĐ-CP.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from November 28, 2022.

2. In cases where the referenced legal documents in this Circular are amended, supplemented, or replaced, implementation shall follow the newly issued documents.

Article 8. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Heads of agencies established by the Government or the Prime Minister, Chairpersons of provincial People's Committees directly under the central government, Heads of public service units in the industry and trade sector, and related agencies and organizations are responsible for implementing this Circular.

2. During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to report to the Ministry of Industry and Trade (through the Cadre and Civil Servant Affairs Department) for guidance and resolution./.