Circular No. 18/2018/TT-BTNMT on the Management Board in public service units under the domain of natural resources and environment

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. concerning the Management Board in public service units under the natural resources and environment sector

On the basis of Decree 55/2012/ND-CP dated 28 the 6 year 2012 of the Government stipulates on the establishment, restructuring, and dissolution of public service units;

Decree No. 16/2015/NĐ-CP dated 14 the 02 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).5 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government stipulates the self-governance mechanism of public service units;

Pursuant to Decree No. 141/2016/NĐ-CP dated October 10, 2016 of the Government stipulating the self-management mechanism of public service units in the field of economic affairs and other public services;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Cadre and Civil Servant Organization Department and the Director of the Legal Department,

The Minister of Natural Resources and Environment issues this Circular to regulate the Management Board in public service units under the natural resources and environment sector.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the establishment, functions, tasks, powers, organizational structure, operational regulations of the Management Board, and the relationship between the Management Board and the head of the public service unit and the superior management unit of the public service unit under the natural resources and environment sector (hereinafter referred to as the Management Board).

This Circular does not apply to public service units under the natural resources and environment sector within the people's armed forces.

Article 2. Applicability

1. Public service units that are established by state authorities with the right to establish according to the law, have legal personality, provide public services for state management under the natural resources and environment sector, and self-finance their regular expenses and investment costs.

ESTABLISHMENT AND STRENGTHENING OF THE MANAGEMENT COUNCIL

Chapter II
ESTABLISHMENT OF THE BOARD OF MANAGEMENT

Article 3. Establishment dossier

1. The dossier for establishing the Management Board in public service units includes:

a) A proposal for establishing the Management Board;

d) Relevant documents proving compliance with the conditions for establishing the Management Council as prescribed;

c) Draft decision on establishment;

d) Draft Operational Regulation of the Management Board;

đ) Written opinions of relevant agencies;

e) Other related documents (if any).

2. The proposal for establishing the Management Board in public service units shall be developed by the public service unit and shall include the following main contents:

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.

Article 4. Procedure for establishment

1. Public service units as prescribed in Clause 1 Article 2 of this Circular shall prepare the dossier and submit it to the direct superior management agency for decision or submit it to the competent authority as prescribed in Article 5 of this Circular for decision on establishment of the Management Board.

2. Examination of establishment of the Management Board

a) The specialized agency advising on organizational and cadre matters of Ministries, ministerial-level agencies, government agencies, organizations established by the Government or the Prime Minister which are not public service units (hereinafter referred to as Ministries, ministerial-level agencies) shall be responsible for examining the establishment of the Management Board in public service units under their jurisdiction;

b) The specialized agency advising on organizational and cadre matters of provincial People's Committees, municipal People's Committees directly under the central government (hereinafter collectively referred to as provincial level) shall be responsible for examining the establishment of the Management Board in public service units under local management.

c) The examination agencies prescribed in Points a and b of this Clause shall examine the contents regarding necessity, quantity, structure, composition, standards of Management Board members; functions, tasks, powers, operational regulations of the Management Board and other related contents.

3. Based on current regulations and the establishment dossier, the competent authority prescribed in Article 5 of this Circular shall consider and decide on the establishment of the Management Board in public service units.

Article 5. Authority to decide on establishment

1. Heads of Ministries, ministerial-level agencies shall decide on the establishment of the Management Board in public service units under their management.

2. Chairmen of provincial People's Committees shall decide on the establishment of the Management Board in public service units under local management.

Chapter III
FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND OPERATIONAL RULES OF THE MANAGEMENT BOARD

Article 6. Position and Functions

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

2. The Management Board decides on policies, directions, activity plans, finance, and personnel work; monitors and supervises the implementation of objectives and activity plans according to the functions and tasks of the public service unit.

Article 7. Tasks and Powers

1. Decide on the goals, strategies, and medium-term and annual development plans of the public service unit.

2. Approve the organizational and operational regulations of the public service unit to be submitted to the competent authority for approval.

3. Decide on policies regarding organizational structure construction; recruitment, training, and capacity building for civil servants and employees; finance, assets, construction of physical facilities, procurement of equipment, mobilization of necessary resources for the development of public service unit activities.

4. Decide on the direction of professional and business operations and scientific and technological development of the public service unit.

5. Supervise the implementation of Management Board resolutions, democratic regulations in the activities of the public service unit.

6. Propose the competent authority to appoint, dismiss, reward, discipline, and implement policies for the heads and deputies of the heads of public service units.

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

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

9. Approve the establishment, restructuring, and dissolution of component units of the public service unit; job position catalog and number of staff of the public service unit before the head of the public service unit approves according to his/her authority.

10. Approve the financial plan, fee levels for professional and business activities; basic indicators in professional and business activities and annual financial settlement reports of the public service unit.

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

Article 8. Number, Structure, and Composition of the Management Board

1. The Management Board shall have from five to eleven members, with the total number of members being an odd number, including the Chairperson and other members.

2. The composition of the Management Board includes:

a) Representatives of the superior administrative body of the public service unit, including representatives of Ministries, bodies equivalent to Ministries, Provincial People's Committees, and direct superior administrative bodies (if any);

b) The head of the public service unit, deputy heads of the head of the public service unit, representatives of the Party organization, mass organizations, and some subordinate organizations of the public service unit.

Article 9. Operation Mechanism

1. Working Principles of the Management Board:

a) The Management Board operates under a collective, transparent, democratic regime, respecting the opinions of its members, and making decisions by majority vote through secret ballot;

b) The Management Board performs tasks and powers assigned to it within its authority;

c) Documents signed and issued by the Chairperson of the Management Board shall bear the seal of the public service unit and be stored according to the provisions of the law.

2. The Management Board shall convene regular meetings at least once every three months and extraordinary meetings when necessary upon request of the Chairperson of the Management Board or the authority establishing the Management Board. Meetings of the Management Board are considered valid when at least two-thirds of the members attend.

3. Members of the Management Board work on a concurrent basis and are entitled to allowances and other benefits as prescribed by law. Operating expenses of the Management Board, allowances, and other benefits (if any) for its members are included in the operating costs of the public service unit as prescribed by law.

4. The operational mechanism of the Management Board is specifically regulated in the Operation Regulations of the Management Board.

Article 10. 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 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 contents, materials, and material conditions serving meetings and sessions of the Management Board.

2. Relationship between the Management Board and the superior management agency:

a) The Management Board is responsible under the law and to the superior administrative body for the results of performing assigned tasks and powers;

b) The Management Board has the responsibility to report on the activities of the public service unit to the superior administrative body;

c) The superior administrative body is responsible for resolving or providing opinions on matters within its jurisdiction based on the requests of the Management Board.

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

Article 11. Rules of Operation

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

2. The outline of the Operational Regulations of the Management Board is stipulated in the Appendix attached to this Circular.

Chapter IV
TASKS, POWERS, STANDARDS, APPOINTMENT, AND REMOVAL OF THE CHAIRPERSON AND OTHER MEMBERS OF THE MANAGEMENT BOARD

Article 12. Tasks and Powers of the Chairperson of the Management Board

1. Organize supervision and evaluation of the results of implementing strategic objectives, operational results of the public service unit, and management and direction results of the head of the public service unit.

2. Direct the Management Board to perform tasks prescribed in Article 7 of this Circular.

3. Lead the implementation of resolutions of the Management Board.

4. Direct the preparation of quarterly and annual activity plans of the Management Board.

5. Direct the preparation of agendas, materials for meetings, or solicitation of opinions from Management Board members.

6. Convene and chair meetings of the Management Board or decide on soliciting opinions from Management Board members.

7. Perform other tasks and powers as prescribed by law and the operational regulations of the Management Board.

Article 13. Duties and powers of members of the Management Board

1. Perform tasks assigned by the Management Board; other duties and powers as prescribed by law, operational regulations of the Management Board, and the public service unit.

2. Propose to the Management Board the agenda and issues to be discussed at Management Board meetings.

3. Contribute opinions and vote on issues discussed in Management Board meetings.

4. Attend meetings of the Management Board.

Article 14. Qualifications of members of the Management Board

1. Management Board members must meet the following standards:

a) Be a civil servant or officer, possessing full capacity for civil acts;

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

c) Not currently serving a disciplinary sanction;

d) Having a bachelor's degree or higher;

d) Have at least three years of experience in management work or professional work within the main field of activity of the public service unit;

e) Not be the spouse, father, adopted father, mother, adopted mother, child, adopted child, brother, sister, brother-in-law, sister-in-law, or brother-in-law, sister-in-law of the head, deputy head, or chief accountant of the public service unit;

g) Other qualifications and conditions as stipulated by the competent authority deciding on the appointment of the Chairman and other members of the Management Board.

2. The Chairman of the Management Board must meet the qualifications set forth in Clause 1 of this Article and represent the superior agency of the public service unit.

Article 15. Appointment of the Chairman and other members of the Management Board

1. The Chairman and other members of the Management Board shall be appointed by the person authorized to establish the Management Board as provided for in Article 5 of this Circular.

2. The term of office of the Chairman and other members of the Management Board is five (5) years.

3. The procedures and formalities for appointing the Chairman and other members of the Management Board shall be carried out in accordance with the provisions of law.

Article 16. Removal of the Chairman and other members of the Management Board

1. The Chairman and other members of the Management Board 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) Their civil capacity is restricted;

c) Being unable to perform assigned tasks due to health reasons, having been on sick leave for more than six (6) months without recovery of work capacity;

d) Being convicted by a court judgment that has taken effect;

đ) More than 50% of the total number of Management Board members propose in writing to remove the individual.

e) Committing other violations as prescribed in the organizational and operational regulations of the public service unit and the operational regulations of the Management Board;

g) Other cases as prescribed by the competent authority deciding on the appointment of the Chairman and other members of the Management Board.

2. The Management Board is responsible for examining and making a resolution on the removal of the Chairman and members of the Management Board and submitting the dossier to the competent authority for appointment to make a decision. The dossier includes: A report detailing the reasons for removal and related documents and materials.

3. The competent authority for the appointment of the Chairman and other members of the Management Board examines and decides on the removal.

Chapter V
IMPLEMENTING PROVISIONS

Article 17. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from December 18, 2018.

2. Ministries, ministerial-level agencies, government agencies; provincial People's Committees and heads of agencies, units, organizations, and individuals concerned are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals should reflect them to the Ministry of Natural Resources and Environment (through the Cadre and Civil Servant Affairs Department) for consolidation and submission to the Minister for consideration and decision./.