Circular No. 19/2022/TT-BKHCN guiding the Management Board in Public Science and Technology Organizations

CIRCULAR

Guidelines on the Management Board in Public Science and Technology Organizations

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Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

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;

Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism for public service organizations;

At the proposal of the Director of the Personnel Department and the Director of the Legal Department;

The Minister of Science and Technology issues this Circular guiding on the Management Board in Public Science and Technology Organizations.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the establishment, functions, tasks, powers, organizational structure, operational regulations of the Management Board in public science and technology organizations (hereinafter referred to as the Management Board); the relationship between the Management Board and the head of public science and technology organizations and the superior management agency; the criteria and conditions for appointing and dismissing the Chairman and other members of the Management Board.

Article 2. Applicability

1. Public science and technology organizations under the management of ministries, ministerial-level agencies, government agencies, provincial people's committees, and centrally governed city people's committees (excluding the objects specified in Clause 4 of this Article).

2. Agencies, organizations, and individuals related to the establishment and operation of the Management Board in public science and technology organizations.

3. Public science and technology organizations under the Vietnam National University, Hanoi, Vietnam National University, Ho Chi Minh City, higher education institutions; public science and technology organizations under organizations established by the Government and the Prime Minister that are not public service organizations; public science and technology organizations under public service organizations, public science and technology organizations under political organizations, and political-social organizations shall apply this Circular and relevant provisions of the Party and laws in accordance with their specific circumstances.

4. This Circular does not apply to public higher education institutions, public science and technology organizations under the Ministry of Public Security, and the Ministry of Defense.

Article 3. Principles for Establishing the Management Board

1. Public science and technology organizations that self-fund recurrent and investment expenses must establish a Management Board to decide important matters of the organization. It is encouraged to establish a Management Board in public science and technology organizations that self-fund recurrent expenses as stipulated in this Circular.

2. Conditions, procedures, and authority for establishing the Management Board shall be implemented according to the provisions of Clause 2, 6, and 7 of Article 7 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government stipulating the establishment, restructuring, and dissolution of public service organizations (hereinafter referred to as Decree No. 120/2020/NĐ-CP).

Article 4. Proposal for Establishing the Management Board

The proposal for establishing the Management Board as stipulated in Point a, Clause 6, Article 7 of Decree No. 120/2020/NĐ-CP includes the following main contents:

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

2. Position and function;

3. Tasks and powers;

4. Number and composition of Management Board members; specific tasks of Management Board members;

5. Proposed human resources plan for the Management Board;

6. Suggestions from the unit proposing the establishment of the Management Board (if any).

Chapter II
POSITION, FUNCTION, TASKS, POWERS, ORGANIZATIONAL STRUCTURE

AND REGULATIONS ON THE OPERATIONS OF THE MANAGEMENT BOARD

Article 5. Position, Functions, Tasks, and Authorities

1. The Management Board is the representative of the ministry, agency at the level of ministry, government agency, provincial People's Committee, or centrally governed city in public science and technology organizations. The Management Board decides important issues of the unit according to the assigned tasks and authorities and is responsible under the law for the decisions of the Management Board.

2. The tasks and authorities of the Management Board are implemented in accordance with the provisions of Clause 3, Article 7 of Decree No. 120/2020/NĐ-CP.

Article 6. Organizational Structure

1. The Management Board has from five to eleven members, the total number of members must be odd, including the Chairman, Vice-Chairman (if any), Secretary, and other members.

2. Composition of the Management Board

a) The Chairman of the Management Board is the representative of the direct superior management agency or the representative of the superior agency of the direct superior management agency.

b) Representatives of some direct superior units of the public science and technology organization in fields such as planning, finance, organizational staff, and specialized professional operations; one representative of the superior agency when necessary.

c) The head of the public science and technology organization, one deputy of the head of the public science and technology organization; representatives of the leadership of the Party Committee, Trade Union, and Ho Chi Minh Communist Youth Union of the public science and technology organization.

3. The number, structure, and composition of the Management Board are determined specifically by the competent authority establishing the Management Board based on the provisions of Clause 2 of this Article, practical requirements, and specific characteristics of the public science and technology organization. The term of office of the Chairman, Vice-Chairman, and members of the Management Board does not exceed five years.

Article 7. Principles and Working System

1. Principles of Work of the Management Board

a) The Management Board operates collectively, deciding by majority. The decision of the Management Board is reflected in the form of a Resolution.

b) The Management Board performs its duties and powers within the scope of its authority.

c) Documents issued by the Management Board are stamped with the seal of the public science and technology organization and stored in accordance with the law.

2. The Management Board convenes regular meetings at least once every three months. The Management Board convenes extraordinary meetings upon request of the Chairman of the Management Board or the competent authority establishing the Management Board or the direct superior management agency of the public science and technology organization or upon the opinion of three-quarters of the total number of Management Board members. Meetings of the Management Board are considered valid when at least two-thirds of the members attend, including the Chairman or Vice-Chairman of the Management Board chairing the meeting (when the Chairman delegates).

In case of necessity, the Chairman of the Management Board may invite representatives of some agencies and organizations within the main field of operation of the public science and technology organization to attend the Management Board meeting for consultation. Invited representatives attending the Management Board meeting do not have voting rights.

3. The working system of the Chairman of the Management Board is decided by the competent authority establishing the Management Board based on practical requirements and legal regulations, while other members of the Management Board work concurrently.

4. Resolutions of the Management Board

a) Resolutions of the Management Board must be recorded in writing, signed by all participating Management Board members or written opinions of all Management Board members in cases where no meeting is organized.

b) A Resolution of the Management Board is adopted when at least three-quarters of the total number of participating Management Board members agree through secret ballot. In cases where no meeting is organized, a Resolution of the Management Board is adopted when at least three-quarters of the total number of Management Board members agree in writing.

c) Contents that cannot be put to vote at the Management Board meeting or vetoed after being voted on when the competent authority concludes or participants in the Management Board meeting discover and provide evidence proving violations of legal provisions.

d) Resolutions of the Management Board must be sent to all Management Board members.

5. Operating expenses of the Management Board, allowances, and other benefits (if any) for Management Board members are included in the operating costs of the public science and technology organization in accordance with the law.

Article 8. Work Relations

1. The relationship between the Management Board and the head of public science and technology organizations

a) The Management Board decides on issues within its authority based on the proposal of the head of public science and technology organizations.

b) The head of public science and technology organizations manages and directs the activities of the unit to implement the resolutions of the Management Board and is responsible for the results of implementing these resolutions before the Management Board.

c) The head of public science and technology organizations is responsible for organizing the preparation of contents, documents, and material conditions serving meetings and sessions of the Management Board.

d) The head of public science and technology organizations is subject to inspection and supervision by the Management Board.

2. Relationship between the Management Council and the Higher-Level Management 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 is responsible for reporting the activities of public science and technology organizations to the superior management agency.

c) The superior management agency is responsible for considering and resolving issues within its authority based on the proposal of the Management Board.

3. The work relations of the Management Board are specifically regulated in the Operational Regulations of the Management Board.

Article 9. Operational Regulations

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

2. The outline of the Operational Regulations of the Management Board shall be implemented in accordance with the provisions set out in the Appendix attached to this Circular.

Chapter III
TASKS, POWERS, STANDARDS, CONDITIONS FOR APPOINTMENT,

REMOVAL OF MANAGEMENT BOARD MEMBERS

Article 10. Tasks and Powers of Management Board Members

1. Tasks and powers of Management Board members

a) Fulfill tasks assigned by the Management Board; other tasks and powers as prescribed by law and the Operational Regulations of the Management Board and of public science and technology organizations.

b) Participate in building activity plans for each term and annually; propose topics and issues for discussion at Management Board meetings.

c) Attend Management Board meetings, provide opinions, vote on issues discussed in Management Board meetings. Be responsible for Management Board decisions and individually responsible for their votes in Management Board meetings.

d) Maintain confidentiality of information provided in accordance with the law.

2. Secretary of the Management Board

Perform the tasks and powers of Management Board members as stipulated in Clause 1 of this Article and directly assist the Chairman of the Management Board with the following tasks:

a) Summarize information about the unit's activities to report to the Chairman of the Management Board; prepare agendas, 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 in accordance with the tasks and functions of the Management Board.

c) Other tasks assigned by the Chairman of the Management Board and in accordance with the Operational Regulations of the Management Board.

3. Tasks and Powers of Deputy Chairmen of the Management Board

a) Direct operations and sign documents under delegation.

b) Perform the tasks and powers of Management Board members as stipulated in Clause 1 of this Article and other tasks and powers as prescribed in the Operational Regulations of the Management Board.

4. Tasks and Powers of the Chairman of the Management Board

a) Direct the Management Board to perform tasks and powers as stipulated in Clause 3 of Article 7 of Decree No. 120/2020/NĐ-CP.

b) Organize monitoring and evaluating the achievement of strategic goals, operational results of public science and technology organizations; management and leadership results of the head of public science and technology organizations.

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

d) Convene and chair Management Board meetings; delegate the Deputy Chairman to chair Management Board meetings in his absence; direct the preparation of agendas, documents for meetings or seek opinions from Management Board members.

đ) Sign Management Board documents.

e) Perform other tasks and powers as prescribed by law or the Operational Regulations of the Management Board.

Article 11. Standards and Conditions for Appointment

1. Members of the Management Board shall meet the following standards and conditions:

a) Shall be civil servants or public officials;

b) Possess good political qualities and morals; have sufficient health to perform assigned tasks and responsibilities;

c) Not be during the period of implementing disciplinary decisions or being under consideration for disciplinary action, and not fall into cases prohibited from assuming positions according to the provisions of the law;

d) Have a bachelor's degree or higher in a relevant field corresponding to the assigned tasks;

đ) Have at least three years of experience in the industry or related field;

e) Be at least one term of five years old for civil servants and officials; in special cases, report to the competent authority for appointment to consider and decide;

g) Not be the spouse, father, adopted father, mother, adopted mother, son, adopted son, brother, sister, brother-in-law, sister-in-law, or brother-in-law of the head, deputy head, or chief accountant of the public science and technology organization;

h) Other standards and conditions as prescribed by the competent authority deciding on the appointment of the Chairman and members of the Management Board.

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) Possess management capabilities and meet the conditions and standards of the head of a public science and technology organization as stipulated by law and the competent authority deciding on the appointment of the Management Board Chairman.

Article 12. Conditions for Removal

The Chairman and other members of the Management Board shall be removed if they fall into any of the following situations:

1. Retirement as prescribed by law;

2. Transfer to another job;

3. Voluntarily resigning from their position in writing and obtaining approval from the competent authority;

4. Being restricted in civil capacity;

5. Being unable to fulfill assigned work due to poor health, having been absent from work for treatment for more than six months without recovery of working ability;

6. More than 50% of the total number of Management Board members propose removal in writing;

7. Being rated as failing to complete tasks for two consecutive years;

8. Committing other violations as specified in the organizational and operational regulations of the public science and technology organization and the Management Board operation regulations;

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

Article 13. Appointment and Removal of the Chairman and Members of the Management Board

1. The appointment and removal of the Chairman, Deputy Chairmen, and members of the Management Board shall be decided by the head of the agency authorized to establish the Management Board of the public science and technology organization.

2. The procedures and formalities for the appointment and removal of the Chairman, Deputy Chairmen, and members of the Management Board shall be carried out in accordance with the regulations of the Party, laws, and the competent authority.

Chapter IV
IMPLEMENTATION

Article 14. Responsibilities of the Minister, Head of an Agency Equivalent to a Ministry, Head of an Agency Under the Government, Head of an Organization Established by the Government or Prime Minister, and Chairman of the People's Committee of a Province or Municipality Directly Under the Central Government

1. Direct public science and technology organizations under their management to meet the necessary conditions to develop the Project for Establishing the Management Board as prescribed in this Circular.

2. Decide on the establishment, appointment of members of the Management Board, and approve the Operational Regulations of the Management Board as prescribed in this Circular.

Article 15. Responsibilities of public scientific and technological organizations

Public scientific and technological organizations subject to this Circular shall be responsible for establishing files for the establishment of the Management Board, preparing files for the appointment of Management Board members, submitting them to the competent authority for examination and decision-making on the establishment of the Management Board and the appointment of Management Board members in accordance with the regulations.

Chapter V
IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from March 15, 2023.

2. Circular No. 13/2017/TT-BKHCN dated November 6, 2017, issued by the Minister of Science and Technology guiding the establishment, organization, and operation of the Management Board in public scientific and technological organizations (hereinafter referred to as Circular No. 13/2017/TT-BKHCN) shall cease to be effective from the date this Circular takes effect.

3. The Management Boards established in public scientific and technological organizations according to the provisions of Circular No. 13/2017/TT-BKHCN shall continue their operations until the end of their term.

Article 17. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally governed cities; heads of relevant agencies, units, organizations, and individuals are responsible for implementing this Circular.

2. In the process of implementing this Circular, if there are difficulties or obstacles, agencies and units are requested to report in writing to the Ministry of Science and Technology for guidance or research and amendment to ensure compliance./.