Circular No. 24/2023/TT-BGTVT guiding on the Management Board and standards, conditions for appointing and relieving members of the Management Board in public service units under the transportation sector.

CIRCULAR

Guidelines on the Management Board and standards, conditions for appointing and dismissing members of the Management Board in public service units under the transportation sector

Management Council of the public service unit under the transportation sector

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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 units; In accordance with the proposal of the Director of the Personnel Department;

The Minister of Transport hereby promulgates this Circular guiding on the Management Board and standards, conditions for appointing and dismissing members of the Management Board in public service units under the transportation sector.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the functions, tasks, powers, organizational structure, operational regulations of the Management Board in public service units under the transportation sector (hereinafter referred to as the Management Board), the relationship between the Management Board and the head of the public service unit and the superior management agency; standards, conditions for appointing and dismissing the Chairman and other members of the Management Board.

Article 2. Applicability

1. Public service units established by competent state agencies, providing public services, serving state management under the transportation sector (excluding public service units under the transportation sector belonging to the Ministry of Public Security and the Ministry of National Defense).

2. Agencies, organizations, and individuals related to the organization and operation of the Management Board in public service units under the transportation sector.

Chapter II FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND OPERATIONAL REGULATIONS OF THE MANAGEMENT BOARD

Article 3. Functions, Tasks, Powers

The Management Board performs its functions, tasks, and powers as prescribed in Clause 3, Article 7 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units.

Article 4. Organizational Structure

1. The Management Board shall have from five to eleven members, including the Chairman, Secretary, and other members. The term of office of the Chairman, Secretary, and other members of the Management Board shall not exceed five years.

2. Composition of the Management Board

a) The Chairman of the Management Board is the representative leader of the public service unit or the representative of the direct superior management agency of the public service unit or the representative of the superior agency of the direct superior management agency; the Chairman of the Management Board shall not concurrently be the head of the public service unit;

b) Representatives of the superior management agency and the direct superior management agency of the public service unit (in case the Chairman of the Management Board is the representative leader of the public service unit) or representatives of the leaders of the public service unit (in case the Chairman of the Management Board is the representative of the superior management agency, the direct superior management agency);

c) One representative of the Party committee (excluding members of the Party committee who are the Chairman, Vice-Chairman, Secretary of the Management Board), the Chairman of the Trade Union, the Secretary of the Youth League of the public service unit;

d) Representatives of the leaders of some departments and divisions directly subordinate to the public service unit (if any). In case there is no subordinate organization, then a representative of the staff of the public service unit shall participate in the Management Board;

e) The Secretary of the Management Board.

3. The specific number, composition, and components of the members of the Management Board shall be decided by the competent authority establishing the Management Board.

Article 5. Working Regime

1. The Management Board operates under a collective regime and decides by majority. Decisions of the Management Board are expressed through Resolutions. A Resolution of the Management Board is adopted when at least two-thirds of the total number of Management Board members present at the vote agree to its adoption. The form of voting is specifically defined in the Operation Regulation of the Management Board.

2. The Management Board convenes regularly at least once every three months and may convene at any time as required by the Chairman of the Management Board or the authority that established the Management Board or the head of the directly managing agency of the public service unit or by at least one-third of the total number of Management Board members. Meetings of the Management Board are considered valid if at least two-thirds of the members are present, including the Chairman of the Management Board or one member of the Management Board designated or authorized by the Chairman to chair the meeting. All meetings must be recorded in minutes, signed by the Secretary and the person chairing the meeting. In case the Secretary is absent from the meeting, the Chairman of the Management Board (or the person designated or authorized by the Chairman to chair the meeting) assigns another member of the Management Board to perform the duties of the Management Board Secretary.

3. Representatives of the superior management body or the direct superior management body of the public service unit on the Management Board work under a concurrent position system. The Chairman of the Management Board works under a full-time position system (if they are an employee of the public service unit) or a concurrent position system (if they are a civil servant or employee of the superior management body or the direct superior management body of the public service unit).

4. The Management Board uses the seal and organizational structure of the public service unit to implement the work of the Management Board.

5. The Management Board operates according to the operation regulation approved by the competent authority that decided to establish the Management Board.

Article 6. Work Relations

1. Relationship between the Management Council and the Head of the Public Service Entity

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 the 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 organizing the preparation of material conditions to serve the meetings of the Management Board;

d) The head of the public service unit is responsible for periodically or urgently reporting the activities of the public service unit as required by the Management Board;

đ) The head of the public service unit 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 management agency for the results of the assigned tasks and powers;

b) The Management Board has the responsibility to periodically or urgently report to the superior management agency on the activities of the public service unit;

c) The superior management agency approves or provides opinions on matters within its jurisdiction upon the request of the Management Board.

Article 7. Operation Regulation

1. The Operation Regulation of the Management Board includes the following main contents:

a) General provisions;

b) Position, functions, tasks, and powers of the Management Board;

c) Number and organizational structure of the Management Board;

d) Tasks, powers, term of office of Management Board members; appointment and removal of Management Board members;

đ) Operation mechanism of the Management Board;

e) Work relations between the Management Board and the superior management body and with the head of the public service unit;

g) Other provisions ensuring the operation of the Management Board in accordance with the law.

2. The Management Board establishes or proposes amendments and supplements to the Operation Regulation of the Management Board, and submits it to the competent authority that established the Management Board for approval.

Article 8. Duties and powers of members of the Management Board

1. Chairman of the Management Board

a) Direct the preparation of quarterly and annual activity plans for the Management Board;

b) Direct the preparation of meeting programs, materials, convening, and chairing meetings or soliciting opinions from Management Board members;

c) Assign tasks to Management Board members;

d) Sign documents within the authority of the Management Council as prescribed;

d) Lead, inspect, and supervise the implementation of Management Board resolutions, plans, and the promotion of democratic regulations in public service unit activities;

e) Organize the evaluation of strategic goal achievement results, operational results of public service units, and management leadership results of public service unit heads;

g) Direct and organize the implementation of the duties and powers of the Management Board stipulated in Article 3 of this Circular;

h) Perform other duties and powers as prescribed by law and the operational regulations of public service units;

2. The Secretary of the Management Board performs the duties and powers of other Management Board members as prescribed in Clause 3 of this Article and directly assists the Chairman of the Management Board with the following tasks:

a) Compile information on the activities of public service units to report to the Chairman of the Management Board; prepare agendas, materials, 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 according to the duties and functions of the Management Board;

c) Other tasks assigned by the Chairman of the Management Board and as prescribed in the operational regulations of the Management Board;

3. Duties and powers of other Management Board members

a) Fulfill tasks assigned by the Management Board; other duties and powers as prescribed by law and the operational regulations of the Management Board;

b) Participate in building quarterly and annual activity plans for the Management Board;

c) Propose to the Chairman of the Management Board the content and issues to be discussed at Management Board meetings;

d) Attend Management Board meetings, provide comments, and vote on issues discussed in Management Board meetings;

đ) Monitor the implementation of Management Board resolutions according to their assignments;

e) Be provided with information and materials serving the work of the Management Board;

Chapter III STANDARDS AND CONDITIONS FOR APPOINTING AND REMOVING MANAGEMENT BOARD MEMBERS

Article 9. Standards and Conditions for Appointing Members of the Management Board

1. Management Board members must meet the following standards and conditions:

a) Being a civil servant or officer and having the minimum age to serve at least one term;

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

c) Not during the period of implementing disciplinary decisions or under investigation for disciplinary actions according to the provisions of the law;

d) They have a bachelor's degree or higher education level suitable for the requirements of the public service unit;

đ) They are not the spouse, father, mother, child, brother, sister, or half-sibling of the head, deputy head, or chief accountant of the public service unit.

2. The Chairman of the Management Board must meet the standards and conditions prescribed in Clause 1 of this Article, and also meet the standards for the head of a public service unit as prescribed by law and by the competent authority;

Article 10. Authority to appoint Management Board members

The Chairman and other members of the Management Board shall be appointed by the head of the competent authority approving the self-governance proposal of the public institution.

Article 11. Conditions for the removal of Management Board members

1. The Chairman and other members of the Management Board shall be relieved of their positions if they fall under any of the following circumstances:

a) An individual submits a resignation request to leave the Management Board;

b) Their civil capacity is restricted;

c) They are unable to perform the assigned work due to poor health and have been absent from work for more than six months without recovery;

d) They lack capability and credibility;

đ) At the request of the task;

e) They are convicted by a court judgment that has taken effect;

g) At least two-thirds of the total number of Management Board members submit a written proposal to relieve them of their position;

h) They violate the organizational and operational regulations of public service units and the operational regulations of the Management Board;

i) They transfer jobs or retire, resign according to regulations;

k) They are disciplined with a warning or reprimand but their reputation has declined to a point where they cannot fulfill their assigned position;

l) They are reprimanded twice or more during the same term or during the appointment period;

m) They receive low trust votes from more than two-thirds of the ballots cast according to regulations;

n) They are rated as not completing their tasks for two consecutive years;

o) Other cases as prescribed by the Party and law;

2. The person authorized to appoint Management Board members under Article 10 of this Circular shall consider and decide to relieve Management Board members of their positions;

Chapter IV IMPLEMENTATION PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from November 15, 2023;

2. This Circular replaces Circular No. 05/2018/TT-BGTVT dated January 30, 2018, issued by the Minister of Transport guiding the Management Board in public service units under the transport sector (hereinafter referred to as Circular No. 05/2018/TT-BGTVT);

3. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of the amended, supplemented, or replacing documents shall apply;

Article 13. Transitional Provisions

The Management Board established according to Circular No. 05/2018/TT-BGTVT continues to operate until the end of its term;

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Heads of agencies and units under the Ministry of Transport, People's Committees of provinces with public service units in the transport sector, heads of public service units, and related agencies and organizations are responsible for implementing this Circular./.