Circular No. 46/2023/TT-BCT guides on the Board of Management in public service units under the industry and trade sector.

CIRCULAR
Guidelines on Management Boards in Public Service Units

in the industry and trade sector

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government 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;

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 Industry and Trade issues this Circular guiding the Management Board in public service units in the industry and trade sector.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the functions, tasks, powers, organizational structure, operational regulations of the Management Board in public service units in the industry and trade sector; standards and conditions for appointing and relieving members of the Management Board in public service units in the industry and trade sector, and the relationship between the Management Board and the head of the public service unit and the superior management agency.

Article 2. Applicability

1. Public service units in the industry and trade sector established by competent authorities according to Clause 1, 2, 3, 4, and 5 of Article 2 of Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units.

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

Article 3. Principles, conditions, authority, and procedures for establishing the Management Board

Principles, conditions, authority, and procedures for establishing the Management Board in public service units in the industry and trade sector shall be carried out in accordance with Clause 1, Clause 2, Clause 6, and Clause 7 of Article 7 of Decree No. 120/2020/NĐ-CP.

Chapter II

FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND REGULATIONS ON OPERATIONS OF THE MANAGEMENT BOARD

AND REGULATIONS ON THE OPERATIONS OF THE MANAGEMENT BOARD

Article 4. Functions, tasks, and powers of the Management Board

1. The Management Board is the representative of the ministry, agency at the level of a ministry, government agency, organization established by the Government or the Prime Minister that is not a public service unit, and the provincial People's Committee in public service units.

2. The tasks and powers of the Management Board shall be implemented in accordance with Clause 3 of Article 7 of Decree No. 120/2020/NĐ-CP, Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government on the financial autonomy mechanism of public service units, and relevant laws.

Article 5. Structure, number of members, and term of office of the Management Board

1. The composition of the Management Board includes:

a) Representatives of the superior management agency of the public service unit include representatives of the ministry, agency at the level of a ministry, government agency, organization established by the Government or the Prime Minister that is not a public service unit, provincial People's Committee, and the directly superior management agency (if any); working under the concurrent position system;

b) The head or deputy head of the public service unit;

c) Representatives of related organizations or units.

2. The number of Management Board members ranges from five to eleven people, including the Chairman of the Management Board, Secretary of the Management Board, and Management Board members. Depending on the requirements of the tasks, the Management Board may have a Vice-Chairman of the Management Board. The number and structure of Management Board members of each specific public service unit are decided by the head of the competent authority approving the self-management proposal of the public service unit.

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.

3. The term of office of Management Board members does not exceed five years and is specifically stipulated in the Operational Regulations of the Management Board.

Article 6. Tasks and Authorities of Council Members

1. Tasks and Authorities of the Chairman of the Management Council

a) Direct and organize the implementation of the tasks and authorities of the Management Council as stipulated in Clause 2, Article 4 of this Circular;

b) Assign tasks and supervise the performance of tasks by other members of the Management Council;

c) Convene meetings of the Management Council; preside over meetings of the Management Council;

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

đ) Perform other tasks and authorities as prescribed by law, operational regulations of the Management Council, and organizational and operational regulations of the entity;

e) Be responsible for the performance of their tasks and authorities;

2. Tasks and Authorities of the Vice-Chairman of the Management Board (if any)

b) Preparing reports and explanatory documents for state agencies and relevant agencies according to the functions, duties, and powers of the Management Board;

b) Sign documents of the Management Council under the authorization of the Chairman of the Management Council;

c) Perform the tasks of Management Council members as stipulated in Clause 4 of this Article, and other tasks and authorities as prescribed by law, operational regulations of the Management Council, and organizational and operational regulations of the entity;

3. Tasks and Authorities of the Secretary of the Management Board

a) Compile information on the activities of the entity to report to the Chairman of the Management Council;

b) Prepare agendas including preparing content, documents, sending meeting invitations, serving as secretary for Management Council meetings, drafting, completing, and archiving Management Council documents;

c) Prepare reports and explanatory documents for state management agencies and related agencies according to the tasks and functions of the Management Council;

d) Perform the tasks of Management Council members as stipulated in Clause 4 of this Article, and other tasks and authorities as prescribed by law, operational regulations of the Management Council, and organizational and operational regulations of the entity;

4. Tasks and Authorities of Management Council Members

a) Strictly implement the provisions of the Operational Regulations of the Management Council and public service entity, perform tasks assigned by the Chairman of the Management Council and other tasks as prescribed by law. Propose to the Management Council the agenda and issues to be discussed at Management Council meetings;

b) Participate in discussions and contribute opinions in Management Council meetings; vote on the contents of Management Council decisions as prescribed;

c) Monitor and supervise the implementation of Management Council resolutions and decisions, and have the right to propose opinions on the activities of the public service entity;

d) Be provided with and have access to information and documents for Management Council work as prescribed; enjoy benefits and policies as prescribed by law and financial regulations of the public service entity;

Article 7. Work Relationships

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 Entity manages and directs the operations of the entity to implement Management Council resolutions and decisions and is responsible for the results of implementing these resolutions and decisions before the Management Council;

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 performing assigned tasks and authorities;

b) The Management Council has the responsibility to report the activities of the public service entity to the higher-level management agency;

c) The higher-level management agency has the responsibility to approve or provide comments on matters within its authority upon request from the Management Council.

Article 8. Operation Regulations of the Management Board

1. The Management Board operates according to the Operation Regulations approved by the competent authority.

2. The Operation Regulations of the Management Board include the following main contents:

a) General provisions on the tasks and powers of the Management Board; the number, structure, and term of office of the Management Board; the tasks and powers of the members of the Management Board; appointment, supplementation, replacement, removal, commendation, and disciplinary measures for members of the Management Board;

b) Principles of operation of the Management Board;

c) Working system, meeting system of the Management Board;

d) Resolutions of the Management Board;

đ) Information and reporting system of the Management Board;

e) Management of documents and materials of the Management Board;

g) Material basis and operating funds of the Management Board;

h) Relationship between the Management Board and the superior management agency;

i) Relationship between the Management Board and the leadership of public service units;

k) Other regulations ensuring the operation of the Management Board in accordance with the law.

Chapter III

STANDARDS AND CONDITIONS FOR APPOINTMENT AND REMOVAL

OF MANAGEMENT BOARD MEMBERS

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

1. Standards and conditions for appointing members of the Management Board

a) Shall have good political integrity and morality; shall have sufficient health to undertake the job;

b) Having at least three years of work experience in the industry of commerce or related fields;

c) Shall have a bachelor's degree or higher;

d) Being a civil servant or state employee;

đ) Not being in the period of implementing disciplinary decisions or within the handling period of disciplinary actions as prescribed by law;

e) Meeting the age requirement to serve at least one term of the Management Board (for new appointments) and fulfilling the remaining time of the term of the Management Board (for replacing members of the Management Board);

g) Not being the spouse, father, adopted father, mother, adopted mother, son, adopted son, brother, sister, brother-in-law, sister-in-law, or brother's wife, sister's husband of the head, deputy head, or chief accountant of the public service unit.

2. Standards and conditions for appointing the Chairman of the Management Board

a) Meeting the standards and conditions for appointing members of the Management Board;

b) Meeting the conditions and standards as the head of the public service unit as prescribed by law and the competent authority;

c) The Chairman of the Management Board shall not concurrently be the head of the public service unit.

Article 10. Removal of Members of the Management Board

Members of the Management Board shall be removed if they fall under any of the following circumstances:

a) Being restricted in their capacity for civil acts;

b) Not having sufficient health to perform assigned duties, having been absent from work for treatment for more than six months without recovery of working ability;

c) Being convicted by a court judgment with legal effect;

d) Committing other violations as stipulated in the organizational and operational regulations of the public service unit and the operation regulations of the Management Board;

e) Other cases as prescribed by law or the Party.

Article 11. Strengthening the Management Board

1. Improving the Management Board during the term

Three (3) months before the end of the term, the Chairman of the Management Board convenes a meeting of the Management Board and proposes to the superior management agency to strengthen the Management Board for the next term.

2. Improving members of the Management Board during the term

In case the Management Board is lacking members, the Chairman of the Management Board convenes a meeting of the Management Board to select replacement members and reports to the competent authority for consideration and decision.

In case the Management Board lacks a Chairman, the Deputy Chairman or Secretary of the Management Board reports to the competent authority to decide on appointing personnel as Chairman of the Management Board in accordance with the regulations.

In case the Chairman, Deputy Chairman, and Secretary of the Management Board are all lacking, the head of the public service unit reports to the competent authority to decide on appointing personnel as Chairman, Deputy Chairman, and Secretary of the Management Board.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from February 15, 2024.

Article 13. Transitional Provisions

The Management Boards in public service units under the industry and trade sector that were established before this Circular takes effect continue to operate until the end of their terms; review and adjust the operation regulations of the Management Board to comply with the provisions of this Circular.

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.

1. The Minister, Head of a ministry-level agency, Head of an agency under the Government, Head of an agency established by the Government or the Prime Minister which is not a public service unit, Chairman of the People's Committee of provinces and centrally-run cities, Head of public service units under the industry and trade sector, and relevant agencies and organizations are responsible for implementing this Circular.

2. During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to report to the Ministry of Industry and Trade (through the Cadre and Civil Servant Affairs Department) for guidance and resolution./.