Circular No. 41/2018/TT-BNNPTNT guides on the organization and operation of management boards in public service units under the Agriculture and Rural Development sector.

CIRCULAR

GUIDELINES ON THE ORGANIZATION AND OPERATIONS OF MANAGEMENT BOARDS IN PUBLIC SERVICE UNITS UNDER THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Pursuant to Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development7/02/2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development, reorganizing, dissolving public service units;establishment;||| State budget revenue and expenditure

PURSUANTTO Pursuant to Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government stipulating the establishment, restructuring, and dissolution of public service unitsautonomy of public service units with establishment;autonomy of public service units with establishment in the field of economic services and other services;

Pursuant to Decree No. 16/2015/ND-CP dated February 14, 2015 of the Government stipulating the self-management mechanism for public service units rural area issues Circular guiding on the organization and operation of Management Councils in public service units under the Ministry of Agriculture and Rural Development.autonomy of public service units with establishment in the field of economic services and other services;

Based on Decree No. 1Pursuant to Decree No. 41/2016/ND-CP dated October 10, 2016 of the Government stipulating the self-management mechanism for public service units in economic services and other services autonomy of public service units in the field of economic services and other services;

The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.

The Minister of Agriculture and Rural Development issues this Circular guiding on the organization and operations of Management Boards in public service units under the Agriculture and Rural Development sector (hereinafter referred to as Management Board).the competent ministry issues Circulars guiding the organization and operation of Management Boards in public service units in the field of agriculture;management within public service units under the Ministry of Agriculture and Rural Development;and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides on the functions, tasks, powers, organizational structure, principles, working systems; duties, standards, appointment, removal, adjustment, supplementation of members; procedures for establishment and dissolution; information reporting system and operational regulations of the Management Board in public service units that self-finance regular expenses and investment costs under the Agriculture and Rural Development sector.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) This Circular applies to public service units mentioned in Clause 1 of this Article.

b) Organizations and individuals related to the establishment and operation of the Management Board in public service units under the Agriculture and Rural Development sector.

c) This Circular does not apply to public service units under the agriculture and rural development sector within the People's Armed Forces.

Article 2. Principles and Conditions for Establishment

1. Principle of establishment: Implemented according to Clause 1, Article 2 of Circular No. 03/2016/TT-BNV dated May 25, 2016 of the Ministry of Home Affairs guiding on the establishment and operation of Management Boards in public service units (hereinafter referred to as Circular No. 03/2016/TT-BNV).

2. Conditions for establishment: Implemented according to Clause 2, Article 2 of Circular No. 03/2016/TT-BNV.

Chapter II

FUNCTIONS, TASKS, POWERS, STRUCTURE, NUMBER OF MEMBERS, PRINCIPLES, AND WORKING SYSTEM OF THE MANAGEMENT BOARD

Article 3. Position and Functions

Implemented according to Article 7 of Circular No. 03/2016/TT-BNV.

Article 4. Tasks and Powers

Implemented according to Article 8 of Circular No. 03/2016/TT-BNV and relevant laws.

Article 5. Structure and Number of Members

1. Each public service unit has one Management Board. The Management Board consists of an odd number of members ranging from five to eleven.

2. Composition of Management Board members includes: Chairman of the Board, Secretary of the Board, and other Management Board members as specified in Clause 1 of this Article, specifically as follows:

a) Head of the unit or deputy head of the unit; secretary of the party committee, branch (head of the party committee), chairman of the trade union, representatives of some organizations of the public service unit;

The Chairman of the Board shall not concurrently hold the position of head of the unit;

b) Representatives of the superior management agency of the public service unit working on a part-time basis, including: Representatives of the Ministry, central agencies, provincial People's Committee, or leaders (heads or deputies of heads) of the direct superior management agency (if any) when delegated authority by the Ministry, central agencies, or provincial People's Committee;

c) Other external members (if necessary) not exceeding 20% of the total number of Management Board members, including: Experts in the field of activities of the public service unit or persons active in fields related to the functions and tasks of the public service unit and who have made significant contributions to the development of the public service unit. If these members are not civil servants or public officials, they shall not be appointed to the positions of Chairman of the Board or Secretary of the Board.

Article 6. Principles of Operation

1. The Management Board operates according to the principles of collective discussion, democracy, respect for the opinions of members, transparency, voting, and decision-making by majority.

2. The Management Board operates on a part-time basis, emphasizing the personal responsibility of the Chairman of the Management Board and other members of the Management Board.

3. The Management Board performs tasks and exercises powers assigned to it in accordance with its authority.

4. Documents signed and issued by the Chairman of the Board shall bear the seal of the public service unit and be stored in accordance with the provisions of the law.

5. Members of the Management Board

a) Shall be responsible before the law and the appointing authority regarding the performance of assigned tasks, work results, voting opinions, and resolutions and decisions of the Management Board.

b) Shall be fully responsible before the law when their actions violate legal regulations and cause adverse consequences.

Article 7. Working Regime

1. The Management Board convenes regular meetings every quarter once and extraordinary meetings when necessary at the request of the Chairman of the Board or upon the proposal of more than 30% of the members of the Management Board or the Head of the Public Service Unit. The Management Board operates under a collective mechanism and decides by majority based on secret ballots of the members.

2. Meetings of the Management Board are considered valid if attended by at least two-thirds of the members of the Management Board. Resolutions of the Management Board only have value and effect if more than half of the total number of members of the Management Board (based on the list of Management Board members established, appointed, and approved by the competent authority) agree to pass them. The Management Board decides through secret ballot. In case of conflicting opinions with equal vote counts, the Management Board resolves according to the opinion of the Chairman of the Board. The content of the meeting must be recorded in minutes and sent to the members of the Management Board.

3. The Chairman of the Board directs and manages the implementation of the Management Board's resolutions; bears individual responsibility before the Management Board and the Head of the Establishing Authority. When the Chairman of the Board is absent, they must delegate authority to another member of the Management Board to manage the work within the Chairman's authority and report the results of handling the work when the Chairman of the Board is present.

4. In cases where urgent matters need to be resolved but cannot immediately convene the Management Board, the Chairman of the Board solicits opinions from members of the Management Board in writing and decides to implement the matter when more than half of the total number of members of the Management Board (based on the list of Management Board members established, appointed, and approved by the competent authority) agree in writing. In case of conflicting opinions with equal vote counts, the decision is made according to the opinion of the Chairman of the Board.

5. The Head of the Public Service Unit is responsible for directing the preparation of contents, materials, and physical conditions serving the meetings of the Management Board. The Management Board may use the administrative machinery and support units of the Public Service Unit to perform its tasks.

6. Members of the Management Board are entitled to remuneration or allowances in accordance with internal expenditure regulations of the Public Service Unit and legal provisions. The level of remuneration or allowance, and other systems (if any) of Management Board members and the operating budget of the Management Board are implemented in accordance with legal provisions.

Chapter III

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

Article 8. Duties and Powers of the Chairman of the Board

The Chairman of the Board is responsible before the Head of the Establishing Authority and the law for directing and managing the implementation of tasks and the results of the Management Board's activities, specifically:

1. Directs the development of annual, monthly, and quarterly activity plans of the Management Board; assigns specific tasks to members of the Management Board.

2. Decides on the agenda, chairs meetings, and organizes voting at Management Board meetings; directs the Public Service Unit or members to prepare contents and programs for regular and extraordinary meetings of the Management Board; proposes topics and issues for discussion at the Management Board.

3. Convenes regular and extraordinary meetings of the Management Board.

4. Signs documents of the Management Board.

5. Leads and manages the operation of the Management Board, performing tasks and exercising powers as stipulated in Article 4 of this Circular and in accordance with the law.

6. Performs other tasks and exercises other powers as prescribed by law.

Article 9. Duties and powers of members of the Management Board

1. Attend meetings of the Management Board.

2. Propose to the Chairman of the Board the content and issues for discussion at the Management Board meetings.

3. Contribute opinions and vote on issues discussed in Management Board meetings.

4. Implement confidentiality of information provided in accordance with the law.

5. Perform tasks assigned by the Board and the Chairman of the Board.

Article 10. Duties and powers of the Secretary of the Board

In addition to the duties of Management Board members stipulated in Article 9 of this Circular, the Secretary of the Board shall perform the following duties:

1. Compile information on the organization and operation of the public service unit to report to the Chairman of the Board.

2. Prepare agendas, contents, documents, send meeting invitations, and serve as secretary for Management Board meetings and sessions. Record minutes of Management Board meetings and sessions; truthfully and comprehensively compile opinions of Management Board members; prepare resolutions of the Management Board for the Chairman of the Board to review, sign, and issue the resolution.

3. Prepare reports and explanations to state management agencies and related agencies as assigned by the Chairman of the Board.

4. Implement storage of Management Board documents in accordance with the law.

5. Perform other tasks assigned by the Chairman of the Board.

Article 11. Standards for Management Board Members

1. Management Board members must meet the following standards:

a) Have full civil capacity;

b) Possess political integrity, sufficient health to perform duties, honesty, integrity, knowledge, and awareness of compliance with the law;

c) Hold a bachelor's degree or higher; have at least five years of experience in management work or professional work in the main field of activity of the public service unit;

d) Not be the spouse, father, adopted father, mother, adopted mother, child, adopted child, 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 as prescribed by the competent authority deciding on the appointment of the Chairman and members of the Management Board.

2. The Chairman of the Board must meet the standards set out in Clause 1 of this Article and the standards for the head of the public service unit, while ensuring the age requirement to serve as Chairman of the Board for at least one term (five years).

Article 12. Appointment of the Chairman and Members of the Management Board

1. The Chairman and members of the Management Board are appointed and approved by the Minister, Head of Central Agency, or Provincial People's Committee Chairman in accordance with the law. The application dossier includes:

a) A proposal for the appointment of the Chairman and members of the Management Board;

b) Curriculum vitae of the Chairman and members (accompanied by documents and materials confirming qualifications and health status as prescribed in this Circular and the law);

c) Documents from the superior management agency and consent letters from non-managerial or staff members of the public service unit to join the Management Board;

d) Resolution of the Management Board regarding the establishment project of the Management Board and the human resources plan of the Management Board (for public service units already having a Management Board).

2. The term of the Management Board is five years and coincides with the term of the head of the public service unit. In cases differing from the above provisions, the decision is made by the Minister, Head of Central Agency, and Provincial People's Committee. The Chairman and members of the Management Board may be reappointed but not more than two consecutive terms (ten years).

3. The agency or organization responsible for reviewing the establishment of the Management Board as stipulated in Article 15 of this Circular is responsible for reviewing the application dossier, submitting it to the competent state agency for establishing the Management Board as stipulated in Article 18 of this Circular to consider and decide on the appointment of the Chairman and approve the list of Management Board members.

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

1. The Chairman of the Board and members of the Management Board shall be removed or dismissed if they fall under any of the following circumstances:

a) There is a written request from the individual to withdraw from the Management Board;

b) Their civil capacity is restricted;

c) Lack the health to perform assigned tasks and have been on sick leave for more than six months without recovery of work capacity;

d) Have been criticized and disciplined by the supervising authority;

đ) Are currently serving a court sentence;

e) No longer meet the criteria for membership of the Management Board as stipulated in other provisions of Article 11 of this Circular;

g) Transfer to a new position that does not fit the structure of the Management Board;

h) More than 50% of the total number of members of the Management Board submit a written request for removal or dismissal due to other violations as prescribed in the operational regulations of the Management Board;

i) Removal of the Chairman of the Board when setting inappropriate goals and solutions leading to two consecutive years where the public service unit fails to achieve its objectives or planned targets.

2. The Management Board is responsible for reviewing and deciding on the removal and dismissal of the Chairman of the Board and members of the Management Board and submitting the dossier to the competent authority for decision. The dossier includes:

a) A report detailing the reasons for removal or dismissal;

b) Relevant documents and evidence pertaining to the cases as prescribed in Clause 1 of this Article and relevant laws.

3. The competent authority that appoints the Chairman of the Board and members of the Management Board reviews and decides on the removal and dismissal of the Chairman of the Board and members of the Management Board.

Article 14. Adjustment, Replacement, and Supplement of Members of the Management Board

1. In cases where the Management Board needs to adjust, replace, or supplement members, the Chairman of the Board bases the selection of personnel on the standards and composition of the members requiring adjustment, replacement, or supplementation, and submits it to the Management Board for approval before sending the dossier requesting adjustment, replacement, or supplementation of members to the competent authority for review and decision.

2. The procedures for adjusting, replacing, or supplementing members of the Management Board are the same as those for appointing members as stipulated in Article 12 of this Circular.

Chapter IV

ESTABLISHMENT AND DISSOLUTION OF THE MANAGEMENT BOARD

Article 15. Dossier for Establishment and Competent Authority for Review

1. Dossier: Public Service Units meeting the conditions prescribed in Clause 2 of Article 2 of this Circular prepare a dossier to submit to the competent state authority for consideration and decision on the establishment of the Management Board. The dossier includes:

a) A proposal for establishing the Management Board;

b) Proposal for Establishing the Management Board: Content of the Proposal includes: Current organizational structure and activities of the Public Service Unit; necessity and legal basis; position and functions; tasks and powers; composition and number of members; proposed human resources plan for the Management Board; recommendations from the agency drafting the proposal for establishing the Management Board (if any); other contents as required by relevant laws;

c) Draft operational regulations of the Management Board, clearly defining the relationship between the Management Board and the head of the Public Service Unit and the superior management agency;

d) Relevant documents proving compliance with the conditions prescribed in Clause 2 of Article 2 of this Circular;

đ) Written opinions of related agencies (directly managing agency of the Public Service Unit, organization and personnel agency, finance, and legal affairs of the direct superior agency) regarding the establishment of the Management Board;

e) Other relevant documents (if any).

2. For Public Service Units already having a Management Board

The Chairman of the Board organizes the preparation of the dossier to submit to the competent state authority as stipulated in Article 18 of this Circular for consideration and decision on the establishment of the Management Board.

3. Competent Authorities and Organizations for Review

a) For Public Service Units under the Ministry of Agriculture and Rural Development:

The Department of Organization and Cadres organizes the review of the establishment of the Management Board in subordinate Public Service Units.

Organizations advising on organizational and cadre work of Departments and General Departments and Public Service Units authorized by the Minister of Agriculture and Rural Development to organize the review of the establishment of the Management Board in Public Service Units under their agencies.

b) For Public Service Units under the Agriculture and Rural Development sector belonging to Ministries and Central Agencies: The organization advising on organizational and cadre work directly under the Ministries and Central Agencies organizes the review of the establishment of the Management Board.

c) For Public Service Units under the Agriculture and Rural Development sector managed by the provincial People's Committee: The Provincial Department of Home Affairs (or the specialized organization advising on organizational structures directly under the provincial People's Committee) takes the lead and coordinates with the Provincial Department of Agriculture and Rural Development to organize the review of the establishment of the Management Board.

4. Based on the provisions of Article 2 of this Circular and the establishment proposal, the review document, the competent state authority as stipulated in Article 18 of this Circular decides on the establishment of the Management Board.

Article 16. Procedures for Establishing the First Term Management Board

1. Determining the number, structure, and electing members of the Management Board

a) The head of the public service unit shall organize and chair a meeting comprising: the head of the unit, deputy heads of the unit, Secretary of the Party Organization at the same level, Chairman of the Trade Union, Secretary of the Ho Chi Minh Communist Youth Union, representatives from some subordinate units or staff members (if any) to determine the number and structure of Management Board members and to agree on appointing certain representatives of the public service unit to join the Management Board as prescribed. A record of the meeting must be made with signatures of all attendees.

b) Based on the unified record of the above meeting, the head of the public service unit shall issue a document requesting the competent authority, the management agency of non-public service unit members (if any) to appoint representatives to join the Management Board after determining the number and structure of Management Board members as prescribed. The competent authority and the management agency of non-public service unit members not belonging to the public service unit shall have the responsibility to respond to the request of the head of the public service unit within 10 working days from the date of receipt of the document.

c) Electing the Chairman and Secretary of the Management Board. The election shall be conducted by secret ballot. The election results shall be recorded in a protocol.

2. Based on the resolution of the meeting determining the number, structure, and electing the Chairman and Secretary of the Management Board, the head of the public service unit shall prepare the dossier in accordance with this Circular and submit it to the higher-level management agency for approval by the Minister, Head of Central Agency, or Provincial People's Committee Chairman to establish the Management Board.

Within 15 working days from the date of receiving the complete dossier for establishing the Management Board, the reviewing agency must submit to the Minister, Head of Central Agency, or Provincial People's Committee Chairman for a decision to establish the Management Board.

The decision to establish the Management Board shall clearly state the positions and duties of its members. In case the establishment of the Management Board is not decided, the competent authority to establish the Management Board must provide a written response and specify the reasons.

Article 17. Procedures for Establishing the Subsequent Term Management Board

1. Six months before the end of the term, the incumbent Chairman of the Management Board must implement the provisions of Article 16 of this Circular to establish the subsequent term Management Board to ensure that there is no interruption in performing tasks.

2. In cases where the term ends due to objective reasons and it is not possible to establish and appoint members of the subsequent term Management Board, the competent authority to establish the Management Board must decide to assign tasks to the current Management Board members until new members are appointed, replaced, and take over the work.

Article 18. Authority to Decide on Establishment and Approval of Operation Regulations of the Management Board

1. The Minister, Heads of Central Agencies shall decide on the establishment of the Management Board and approve the operation regulations of the Management Board in public service units under their management.

2. The Chairman of the Provincial People's Committee shall decide on the establishment of the Management Board and approve the operation regulations of the Management Board in public service units under local management.

Article 19. Dissolution of the Management Board

Based on the plan for granting autonomy rights to public service units issued by the competent authority, when a public service unit no longer meets the conditions stipulated in Clause 2, Article 2 of this Circular, the Chairman of the Board shall develop a dissolution plan, submit it in writing to the competent state agency for consideration and decision on dissolving the Management Board and abolishing the operational regulations of the Management Board.

Chapter V

INFORMATION REPORTING SYSTEM AND OPERATIONAL REGULATIONS OF THE MANAGEMENT BOARD

Article 20. Information and Reporting System

The Chairman of the Board shall implement regular reporting systems (every six months, annually) and ad hoc reports to the head of the agency authorized to establish the Management Board and related agencies as prescribed.

Article 21. Operational Regulations

1. The authority responsible for establishing the Management Board shall be responsible for approving the operational regulations of the Management Board.

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

a) General provisions;

b) Working system;

c) Duties and powers of members;

d) Work relations:

đ) Other provisions (if any) to ensure that the activities of the Management Board are effective and efficient and fulfill tasks as prescribed by law.

3. Guidelines for the framework of the operational regulations of the Management Board are provided in the Appendix attached to this Circular.

Article 22. Work Relations

1. Provisions regarding the relationship between the Management Board and the head of the public service unit in the operational regulations of the Management Board

a) The Management Board decides issues within its jurisdiction based on the head of the public service unit's proposal.

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

2. Provisions regarding the relationship between the Management Board and the superior management agency in the operational regulations of the Management Board

a) The Management Board is responsible to the superior management agency and to the law for the results of implementing assigned tasks and powers.

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

c) The superior management agency shall review, provide comments, and take responsibility for resolving issues within its jurisdiction based on proposals from the Management Board.

3. Relationships between the Management Board and other units, organizations, and individuals established by the competent authority as prescribed in the operational regulations of the Management Board.

Chapter VI

IMPLEMENTATION

Article 23. Responsibilities of Ministries, Central Agencies, and Provincial People's Committees with Public Service Units in Agriculture and Rural Development

1. Direct public service units under their management to meet the conditions for developing plans to establish the Management Board as prescribed in this Circular.

2. Decide on the establishment, appointment of members of the Management Board, and approval of the operational regulations of the Management Board as prescribed in this Circular and relevant laws.

3. Guide, inspect, audit, and handle violations (if any) according to regulations on the organization and operation of the Management Board and its members.

Article 24. Responsibilities of Public Service Units

Public service units subject to the scope of application of this Circular shall be responsible for developing plans, operational regulations to submit to the competent authority for consideration and decision on establishing the Management Board, organizing implementation of this Circular and relevant laws.

Article 25. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from February 15, 2019.

2. During implementation, if there are any difficulties or need for supplementation or amendment, please submit a written request to the Ministry of Agriculture and Rural Development (through the Department of Organization and Cadres) for research and resolution in accordance with regulations./.