Circular No. 39/2018/TT-NHNN guiding the establishment, organization, and operation of the Management Board in public service units under the management of the State Bank of Vietnam

CIRCULAR

Guidelines on the establishment, organization, and operation of the Management Board in public service units under the management domain of the State Bank of Vietnam

Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to Decree No. 55/2012/NĐ-CP dated June 28, 2012 of the Government stipulating the establishment, restructuring, and dissolution of public service units;

Pursuant to Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government stipulating the self-management 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;

Cpursuant to Decree No. 16/2017/NĐ-CP dated 17 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).7 of the Government stipulating functions, tasks, powers, and organizational structure1. The person with auctioned assets self-assesses or establishes an assessment team or another form to assess the selection criteria for auction organizations and bears responsibility for such assessment. organization of State Bank of Vietnam;

At the proposal of Director of the Cadre and Civil Service Department;

shareholders, Issuing this Circular guiding the establishment, organization, and operation of the Management Board in public service units under the management domain of the State Bank of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the establishment, organization, and operation of the Management Board in public service units under the management domain of the State Bank of Vietnam (hereinafter referred to as the Management Board).

Article 2. Applicability

1. This Circular applies to:

a) Public service units that are self-financing for regular expenses and investment, established by competent state authorities in accordance with the law, have legal personality, provide public services, and serve state management within the management domain of the State Bank of Vietnam (hereinafter referred to as public service units);

b) Agencies, organizations, units, and individuals related to the establishment, organization, and operation of the Management Board in public service units.

2. The establishment, organization, and operation of the Management Board in public service units under the State Bank of Vietnam but operating in fields under the management of other ministries and sectors shall be implemented according to the guidelines of the relevant ministries.

Chapter II

ESTABLISHMENT OF THE MANAGEMENT BOARD,OPERATING REGULATIONS OF THE MANAGEMENT BOARD

Article 3. Establishment of the Management Board

1. Principles and conditions for establishing the Management Board shall be carried out in accordance with Article 2 of Circular No. 03/2016/TT-BNV dated May 25, 2016 of the Ministry of Home Affairs guiding the establishment and operation of the Management Board in public service units (hereinafter referred to as Circular No. 03/2016/TT-BNV).

2. Procedures for establishing the Management Board shall be carried out in accordance with Article 4 of Circular No. 03/2016/TT-BNV.

3. Authority to decide on the establishment of the Management Board shall be carried out in accordance with Article 6 of Circular No. 03/2016/TT-BNV.

Article 4. Operation Regulations

1. Within thirty working days from the date of establishment, the Management Board shall complete the Operation Regulations of the Management Board and submit them to the competent authority for approval.

The maximum time for the competent authority to consider and approve the Operation Regulations of the Management Board is twenty working days from the date of receipt of the request for approval.

2. The operational regulations of the Management Board shall include the following main contents:

a) General provisions;

b) Working principles;

c) Tasks, powers of the Management Board; rights and obligations of the Chairman and members of the Management Board;

d) Operating costs and remuneration of the Management Board;

đ) Operation mechanism;

e) Relationship between the Management Board and the head of the public service unit;

g) Relationship between the Management Board and the superior supervisory agency;

h) Relationship between the Management Board and the Party Committee of the public service unit;

i) Information, reporting, and document management system of the Management Board.

Article 5. Operational Mechanism

1. The Management Board shall convene regular meetings at least once a month and extraordinary meetings when necessary upon the request of the Chairman of the Management Board or when more than 50% of the total number of members request it. The Management Board operates in a collective manner. Meetings of the Management Board are considered valid when at least two-thirds of the members attend.

2. Decisions or resolutions of the Management Board are adopted when more than 50% of the total number of attending members agree. In cases where opinions are sought through written means (without holding a meeting), decisions or resolutions of the Management Board are adopted when more than 50% of the total number of members of the Management Board agree.

3. The status of the Chairman and members of the Management Board is regulated in the internal expenditure regulations of the public service unit. The operating costs of the Management Board, the status of the Chairman and members of the Management Board are included in the operational costs of the public service unit.

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

Chapter III

FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTUREOF THE MANAGEMENT BOARD

Article 6. Functions, tasks, and powers of the Management Board

The functions, tasks, and powers of the Management Board shall be implemented in accordance with the provisions of Article 7 and Article 8 of Circular No. 03/2016/TT-BNV and specifically stipulated in the Operation Regulation of the Management Board.

组织结构（第1-13条）

1. The Management Board consists of from five to eleven members, including the Chairman and other members.

2. The structure of the Management Board includes:

a) The head of the public service unit, some deputy heads of the head, representatives of some departments, offices, and organizations of the public service unit;

b) Representatives of the superior administrative agency of the public service unit, including representatives of Ministries, agencies equivalent to Ministries, People's Committees of provinces, and direct superior administrative agencies (if any), working on a concurrent basis.

Article 8. Working Relationships of the Management Board

1. The relationship between the Management Board and the head of the public service unit shall be carried out in accordance with the provisions of Clause 2, Article 10 of Circular No. 03/2016/TT-BNV.

2. The relationship between the Management Board and the superior administrative agency shall be carried out in accordance with the provisions of Clause 3, Article 10 of Circular No. 03/2016/TT-BNV.

Chapter IV

STANDARDS, TASKS, POWERS OF MANAGEMENT BOARD MEMBERS; APPOINTMENT AND REMOVAL OF MEMBERS MANAGEMENT BOARD MANAGEMENT BOARD

Article 9. Standards for Management Board Members

1. Management Board members must meet the following standards:

a) They must be civil servants or public officials and have at least one term of office left for their first appointment. In special cases, this will be reviewed and decided by the authority establishing the Management Board;

b) They must have good political and moral qualities and sufficient health to undertake the position;

c) They must not be under investigation, prosecution, trial, or disciplinary action, nor be prohibited from holding positions according to the law;

d) Having a bachelor's degree or higher;

d) They must not be the father-in-law, mother-in-law, husband, wife, father, adopted father, mother, adopted mother, son, adopted son, brother, sister, brother-in-law, sister-in-law, or daughter-in-law of the head, deputy head, or chief accountant of the public service unit;

e) Other standards and conditions as prescribed by the authority establishing the Management Board.

2. The Chairman of the Management Board must meet the standards set forth in Clause 1 of this Article and the standards for the head of the public service unit as prescribed by the authority establishing the Management Board.

Article 10. Appointment of Management Board Members

1. The Chairman and other members of the Management Board are appointed by the Minister, Head of an agency equivalent to a Ministry, or the Chairman of the Provincial People's Committee authorized to establish the Management Board.

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

3. The procedures for appointing the Chairman and other members of the Management Board are carried out in accordance with the regulations of the Ministries, agencies equivalent to Ministries, and Provincial People's Committees authorized to establish the Management Board.

Article 11. Reappointment of Management Board Members

The Chairman and other members of the Management Board may be considered for reappointment if they meet the following criteria:

1. They complete their assigned tasks during their term and meet the standards set forth in Article 9 of this Circular at the time of reappointment consideration.

2. They have at least two years of work remaining until retirement as stipulated by law (in cases where less than two years remain, their term may be extended).

Article 12. Removal and Dismissal of Management Board Members

1. The Chairman and members of the Management Board shall automatically cease to be members of the Management Board in any of the following cases:

a) Retirement in accordance with the provisions of the law;

b) They lose or are restricted in their capacity to act in civil matters;

c) Being convicted by a court judgment that has the force of law.

2. The Chairman and members of the Management Board shall be removed from their positions in any of the following cases:

a) Transfer to another job;

b) Being unable to perform assigned tasks due to health reasons;

c) Submitting a written resignation request which is approved by the competent authority.

3. The Chairman and members of the Management Board shall be dismissed in any of the following cases:

a) Failure to complete assigned tasks;

b) Receiving more than 50% of the total number of Management Board members' written petitions.

4. The Management Board shall be responsible for examining and making decisions on the removal and dismissal of the Chairman and other members of the Management Board, and submitting the relevant files to the competent authority that established the Management Board for decision.

Article 13. Replacement and Supplement of Members

In cases where replacement or supplementation of members is necessary, the Management Board shall base its selection on the criteria for members and the organizational structure of the Management Board, and submit the candidates to the competent authority that established the Management Board for examination and decision.

Article 14. Rights and Obligations of the Chairman of the Management Board

1. Approving and organizing the implementation of the program and plan of activities of the Management Board.

2. Calling and chairing meetings of the Management Board.

3. Signing and issuing decisions and resolutions of the Management Board; supervising the implementation of Management Board decisions and directives from higher management authorities.

4. Delegating in writing one member of the Management Board to perform the functions and duties of the Chairman when the Chairman is absent.

5. Leading and managing the Management Board's operations, performing tasks and exercising powers as stipulated in Article 6 of this Circular and the law.

Article 15. Rights and Obligations of Management Board Members

1. Participating and giving opinions on matters within the functions and responsibilities of the Management Board at Management Board meetings.

2. Supervising the implementation of Management Board decisions and directives from higher management authorities.

3. Submitting written comments on matters within the functions and responsibilities of the Management Board when the Management Board does not convene a meeting.

4. Maintaining confidentiality of information provided in accordance with regulations.

5. Performing tasks assigned or delegated by the Chairman of the Management Board.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular takes effect from February 11, 2019.

Article 17. Responsibility for Implementation

1. Ministries, agencies equivalent to ministries, and provincial People's Committees having public service units under the management of the State Bank of Vietnam shall be responsible for implementing the provisions of this Circular.

2. The Director of the Office, Heads of the Cadre and Civil Service Department, Heads of units under the State Bank of Vietnam, and public service units under the management of the State Bank of Vietnam shall be responsible for organizing the implementation of this Circular./.