Circular No. 26/2021/TT-BTTTT guiding the functions, tasks, powers, organizational structure, operational regulations of the Management Board and the criteria, conditions for appointment and removal of members of the Management Board, including the Chairman of the Management Board in public service units under the information and communication sector.

 CIRCULAR

Guidelines on the functions, tasks, powers, organizational structure, operation regulations

of the Management Board and standards, conditions for appointment, removal

of members of the Management Board, Chairman of the Management Board

in public service units under the information and communication sector

On the basis of Decreeh number 120/2020/NĐ-CP dated 07 the 10 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;20 of the Government stipulating 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;

Decree No. 17/2017/NĐ-CP dated 17 the 7 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry Article 7. The content of the "Citizen Reception Rules" shall be implemented in accordance with the Appendix attached to this Circular.;

At the proposal of the Director of the Cadre and Civil Servant Organization Department;

Minister of Article 7. The content of the "Citizen Reception Rules" shall be implemented in accordance with the Appendix attached to this Circular. issues the Circular guidelines on the functions, tasks, powers, organizational structure, operation regulations of the Management Board and standards, conditions for appointment, removal of members of the Management Board, Chairman of the Management Board Industry and in public service units under the information and communication sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the functions, tasks, powers, organizational structure, operation regulations of the Management Board in public service units under the information and communication 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 appointment, removal of members of the Management Board, Chairman of the Management Board.

Article 2. Applicability

1. Public service units under the information and communication sector are established by competent authorities in accordance with the provisions of the law.

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

1. They must be civil servants or officials under the management of the agency authorized to establish the Management Board.

4. Public service units under Hanoi National University, Ho Chi Minh City National University, public service units under public service units and public service units under political organizations, political-social organizations shall apply this Circular and relevant provisions of the Party and the law in accordance with their specific circumstances.

Article 3. Principles, conditions, and authority for establishing the Management Board in public service units

Principles, conditions, and authority for establishing the Management Board in public service units are implemented in accordance with the provisions of Clause 1, 2, and 7 of 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 (hereinafter referred to as Decree No. 120/2020/NĐ-CP).

Article 4. Procedures for Establishing the Management Board

1. The procedure for establishing the Management Board is carried out in accordance with the provisions of Clause 6 of Article 7 of Decree No. 120/2020/NĐ-CP.

2. The proposal for establishing the Management Board includes 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) Suggestions from agencies or units drafting the proposal for establishing the Management Board (if any).

Chapter II

POSITION, FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE, OPERATION REGULATIONS OF THE MANAGEMENT BOARD AND STANDARDS, CONDITIONS FOR APPOINTMENT, REMOVAL OF MEMBERS OF THE MANAGEMENT BOARD, CHAIRMAN OF THE MANAGEMENT BOARD

Article 5. Position and Functions

1. The Management Board represents the ministry, agency at ministerial level, government agency, organization under the Government,

2. The Management Board decides important issues of the public service unit including: direction, strategy, activity plan, organizational structure, personnel, finance; supervising the implementation of objectives and activity plans of the public service unit.

Article 6. Tasks and Powers

1. Decide the goals, directions, strategies, medium-term and annual development plans of the public service unit. The Management Board does not interfere in the production activities of news media and publishing according to the Press Law and Publishing Law.

2. Approve the organizational and operational regulations of the public service unit to be submitted to the competent authority for approval according to the self-management project of the public service unit.

3. Decide the policy on expanding operations, establishing, restructuring, dissolving subordinate units of the public service unit.

4. Approve the job position plan and the organizational structure of staff by profession, the annual staffing plan.

5. Decide the policy on organizational structure and leadership personnel work of subordinate units.

6. Approve the loan and capital-raising plan to expand, renovate, repair existing facilities, purchase additional equipment to improve quality, increase scale of public services, organize appropriate service activities in accordance with functions and tasks, and repay capital as prescribed.

7. Approve the joint venture and cooperation proposals of the public service unit before submitting to the competent authority for approval.

8. Approve the annual financial settlement report of the public service unit.

9. Supervise the implementation of Management Board resolutions, strategic and operational plans, democratic regulations of the public service unit as prescribed.

10. Regularly or urgently report to the superior management agency on the activities of the public service unit; propose to the superior management agency issues related to the activities of the unit that exceed the authority of the Management Board.

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

12. Decide other important matters of the public service unit in accordance with the law and the organizational and operational regulations of the public service unit.

Article 7. Structure and Number of Members of the Management Board

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

The working system of the Chairman of the Management Board shall be decided by the competent authority establishing the Management Board based on actual requirements and legal provisions. Other members of the Management Board shall work on a concurrent basis.

2. The composition of the Management Board includes:

a) Representatives of the superior administrative agency of the public service entity within the Management Board, including representatives of ministries, ministerial-level agencies, government agencies, and organizations under the Government,

b) Secretaries of the Party Committee, heads and deputy heads of the public service entity, and representatives of political-social organizations within the public service entity.

3. The specific number, structure, and composition of Management Board members shall be approved by the competent authority deciding to establish the Management Board.

Article 8. Qualifications of Management Board Members

4. They must have experience in management work and professional work within the functions and tasks of public service units.

2. Possess good political and moral qualities, have credibility, and be in good health to perform duties.

6. They must not be in a disciplinary probation period and must not be subject to provisions related to disciplinary measures stipulated in Article 82 of the Civil Servants Law amended and supplemented by Clause 17 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Officials Law or Article 56 of the Officials Law amended and supplemented by Clause 8 of Article 2 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Officials Law.

4. Have experience in specialized work or management.

5. Not currently within the period for disciplinary action, not executing a disciplinary decision, not being investigated, prosecuted, or tried; not falling into cases prohibited from holding positions according to legal regulations.

6. Not be the spouse; father, mother, brother, sister, or half-sibling (or adopted sibling); biological or adopted child of the head, deputy head, or chief accountant of the public service entity, or the spouse of the head, deputy head, or chief accountant of the public service entity.

Article 9. Qualifications of the Chairman of the Management Board

1. Meet the qualifications of Management Board members.

2. Possess managerial capability and meet the conditions and standards required for the head of a public service entity as stipulated by law and the competent authority.

Article 10. Appointment and Removal of Management Board Members and the Chairman of the Management Board

1. The Chairman and other members of the Management Board shall be appointed and removed by the head of the competent authority approving the self-governance project of the public service entity. The term of office of Management Board members shall not exceed five years.

2. The Chairman and other members of the Management Board shall be relieved of their positions if they fall into any of the following situations:

a) Transfer to another job;

b) Voluntarily resign from their position in writing and obtain approval from the competent authority;

c) Due to insufficient health, limited capacity, or loss of credibility to fulfill assigned responsibilities;

d) Other cases as prescribed by law and the competent authority appointing the Chairman and other members of the Management Board (if applicable).

Article 11. Rules of Operation

The Management Board operates according to the rules of operation approved by the competent authority establishing the Management Board. The rules of operation include the following main contents:

1. General provisions.

2. Position, functions, tasks, powers of the Management Board.

3. The number and organizational structure of the Management Board, the term of office of Management Board members.

4. The operational mechanism of the Management Board.

5. Specific tasks and powers of Management Board members.

6. Working relationships between the Management Board and the superior agency and the head of the public service entity.

7. Working conditions and operating funds of the Management Board as prescribed by law.

Article 12. Operation Mechanism

1. The Management Board operates under a collective regime and decides by majority vote. The Management Board convenes at least once every three months and may convene extraordinary meetings when necessary upon request of the Chairman of the Management Board or the competent authority that established it, or upon request of at least two-thirds of the total number of Management Board members.

Meetings of the Management Board are considered valid if more than two-thirds of its members attend. Resolutions and decisions of the Management Board are adopted if at least half of the Management Board members agree.

2. The Management Board uses the administrative support staff and seal of the public service unit to perform its tasks.

3. The Chairman of the Management Board is responsible for directing and organizing the implementation of the Management Board's duties and powers; assigning tasks to Management Board members; directing the development of annual work programs and plans of the Management Board; directing the organization and chairing meetings of the Management Board; signing documents of the Management Board.

4. Management Board members carry out and are responsible for the tasks assigned by the Chairman of the Management Board and other tasks as prescribed by law; participate fully in all sessions of the Management Board.

5. The operation mechanism of the Management Board is specifically stipulated in the operational regulations of the Management Board.

Article 13. Work Relationships

1. Relations between the Management Board and the superior management agency

a) The Management Board is responsible to the superior management agency for the results of performing assigned tasks and authorities;

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

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

2. Relations 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 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 has the responsibility to periodically or urgently report on the activities of the public service unit according to the requirements of the Management Board;

d) The head of the public service unit is subject to inspection and supervision by the Management Board.

Chapter III

IMPLEMENTATION PROVISIONS

Article 14. Effective Date

This Circular takes effect from February 15, 2022.

Article 15. Responsibility for Implementation

1. Minister, Head of a ministry-level agency, agency under the Government, person in charge of an agency appointed by the Government,

2. During the implementation process, if there are difficulties or obstacles, agencies and units are requested to report in writing to the Ministry of Information and Communications for guidance on handling or for research, amendment, and supplementation as appropriate./.