Circular No. 21/2021/TT-BTNMT stipulates criteria for classification and conditions for establishment, merger, consolidation, and dissolution of public service units under the natural resources and environment sector.

CIRCULAR
Criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the natural resources and environment sector
The Minister of Natural Resources and Environment issues this Circular to stipulate criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the natural resources and environment sector.
This Circular stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the natural resources and environment sector, including: land; water resources; mineral resources and geology; environment; meteorology and hydrology; climate change; surveying and mapping; comprehensive management of natural resources and environmental protection of seas and islands; remote sensing.

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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;

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;

At the request of the Director of the Cadre and Civil Servant Department and the Director of the Legal Department;

a) Public service units under the natural resources and environment sector are established according to the provisions of the law from central to local levels;

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

b) Agencies, organizations, and individuals related to the classification, establishment, merger, consolidation, and dissolution of public service units under the natural resources and environment sector.

Article 2. Applicability

1. This Circular applies to:

b) Public service units within the scope of management of special administrative-economic zones shall be implemented in accordance with the provisions of the law and guiding documents applicable to special administrative-economic zones.

CRITERIA FOR CLASSIFICATION, CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS

2. This Circular does not apply to:

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

Article 3. Criteria for classifying public service units

Chapter II
Public service units perform functions of research serving strategic planning and building and perfecting institutional mechanisms and policies on natural resources and environment;
Public service units perform basic investigation and monitoring functions regarding natural resources and environment;

Public service units perform functions of information dissemination and propaganda on Party guidelines, State laws; scientific research, theoretical and operational information; activities managing natural resources, protecting the environment, and responding to climate change;

a) Public service units serving state management functions include: extension services; strategic policy research; information dissemination on Party guidelines and State laws; scientific and technological research, theoretical and operational studies; training and capacity building for civil servants, officials, and managers; human resource development, public policy, and rural development; application and development of information technology, digital transformation, statistics, forecasting, libraries, and other public service activities serving state management functions in the agriculture and rural development sector as prescribed by law;

- 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 perform functions of training and capacity building for civil servants, officials, and workers in the natural resources and environment sector; scientific research, technology transfer, and international cooperation to serve training, capacity building, and human resource development;

Public service units perform other functions to support state management in the natural resources and environment sector.

Public service units have functions and tasks of providing at least one of the services listed in the Catalogue of public services funded by the State budget in the natural resources and environment sector approved by competent authorities;

Public service units provide other public services in the natural resources and environment sector.

Public service units perform at least one of the functions and tasks specified in point a and b of Clause 1 of this Article.

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

Determination of the type of public service unit in the natural resources and environment sector in this clause is based on the functions and tasks of the public service unit approved by competent authorities.

2. Classification based on financial autonomy level

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.

Determination of the level of financial autonomy of public service units in the natural resources and environment sector in this clause is carried out in accordance with the provisions of the Decree stipulating the mechanism of financial autonomy for public service units.

The determination of the type of public service unit in the natural resources and environment sector under this clause is based on the functions and tasks of the public service unit approved by the competent authority.

2. Classification according to the degree of financial autonomy

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.

The determination of the degree of financial autonomy of public service units in the natural resources and environment sector under this clause shall be carried out in accordance with the provisions of the Decree stipulating the mechanism of financial autonomy for public service units.

Article 4. Conditions for establishing public service units

1. General conditions

a) Simultaneously meeting the conditions for establishing public service units as stipulated in points a, c, d, đ, e of Clause 1, 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;

b) Not belonging to 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 prescribed in Clause 1 of this Article, the establishment of public service units in the natural resources and environment sector must also meet the criteria and conditions prescribed by specialized laws (if any).

Article 5. Conditions for merging and consolidating public service units

1. The merger and consolidation of public service units shall be carried out when one of the conditions prescribed in Clause 2, 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 is met.

2. Public service units formed after the merger and consolidation process must satisfy the conditions for establishing public service units as prescribed in Article 4 of this Circular. 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 the merger and consolidation involve public service units with different levels of financial autonomy, the level of financial autonomy of the public service unit after the merger and consolidation shall be implemented according to the decision of the competent authority.

Article 6. Conditions for dissolving public service units

The dissolution of public service units shall be carried out when one of the conditions prescribed in Clause 3, 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 is met.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

This Circular takes effect from February 1, 2022.

Article 8. Responsibility for Implementation

1. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, head of an agency established by the Government or the Prime Minister, Chairperson of the People's Committee of provinces and centrally governed cities, and related agencies and organizations are responsible for implementing this Circular.

2. During the implementation, if there are difficulties or obstacles, agencies and units are requested to report in writing to the Ministry of Natural Resources and Environment for guidance on handling or researching and amending and supplementing appropriately./.