Circular No. 53/2024/TT-BYT guides on the Management Board and criteria, conditions for appointing and relieving members of the Management Board in public health service units issued by the Minister of Health.

 

CIRCULAR

GUIDELINES ON THE MANAGEMENT BOARD AND STANDARDS, CONDITIONS FOR APPOINTMENT AND REMOVAL OF MEMBERS OF THE MANAGEMENT BOARD IN PUBLIC HEALTH CARE INSTITUTIONS

IN PUBLIC HEALTH CARE INSTITUTIONS

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. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

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 Health issues this Circular to provide guidelines on the Management Board and standards, conditions for appointment and removal of members of the Management Board in public health care institutions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides guidelines on the functions, tasks, powers, organizational structure, operational regulations of the Management Board in public health care institutions (hereinafter referred to as the Management Board); the relationship between the Management Board and the head of public health care institutions and the superior management agency; standards, conditions for appointment and removal of members of the Management Board in public health care institutions.

Article 2. Scope of Application

1. This Circular applies to public service units providing public services in the field of health and population established by competent authorities according to 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. Other units providing public services in the field of health and population not covered by paragraph 1 of this Article may apply the guidelines in this Circular to establish a Management Board.

Article 3. Principles and Conditions for Establishing the Management Board

Principles and conditions for establishing the Management Board shall be implemented according to paragraphs 1 and 2 of Article 7 of Decree No. 120/2020/NĐ-CP.

Chapter II

FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE OF THE MANAGEMENT BOARD

Article 4. Functions, Tasks, Powers of the Management Board

The functions, tasks, and powers of the Management Board shall be carried out according to paragraph 3 of Article 7 of Decree No. 120/2020/NĐ-CP.

Article 5. Structure and Term of Office of the Management Board

1. Structure of the Management Board:

a) Representatives of the superior management agency of public health care institutions: representatives of ministries and sectors for public health care institutions under ministries and sectors; representatives of provincial People's Committees or superior management agencies (if any) for other public health care institutions;

b) Representatives of the leadership of public service units. In cases where the Chairman of the Management Board concurrently holds the position of head of the public health care institution, the Management Board must include the deputy head of the public health care institution as a member of the Management Board;

c) Representatives of functional departments advising on human resources and finance areas; representatives of specialized departments within public health care institutions;

d) Representatives of party organizations, mass organizations, or related units (if any) of public health care institutions.

2. Number of Members of the Management Board:

The Management Board has from 05 to 11 members. The total number of Management Board members must be an odd number. The Management Board includes: Chairman of the Management Board, Deputy Chairmen of the Management Board (if any), and other members. The term of office of Management Board members does not exceed 05 years and is specified in the Operational Regulations of the Management Board.

3. The specific number, structure, and composition of Management Board members are determined by the competent authority establishing the Management Board according to paragraph 7 of Article 7 of Decree No. 120/2020/NĐ-CP.

4. The Secretary of the Management Board is appointed by the Chairman of the Management Board.

Chapter III

OPERATIONAL REGULATIONS AND RELATIONSHIPS OF THE MANAGEMENT BOARD

Article 6. Principles and Working System of the Management Board

1. Working Principles of the Management Board:

a) The Management Board operates according to the Operational Regulations approved by the competent authority;

b) The Management Board works according to the principle of collective decision-making, deciding by majority vote; in case the number of votes in favor and against are equal, the decision is made according to the opinion of the Chairman of the Management Board. The decisions of the Management Board are expressed in the form of Resolutions;

c) The Management Board may use the seal of the public health care institution to serve its activities within the scope of its functions, tasks, and powers.

2. Working System of the Management Board:

Members of the Management Board who are representatives of the superior management agency of public service units work on a concurrent basis. Members of the Management Board who are civil servants of public service units work on a full-time or concurrent basis and are specified in the Project to establish the Management Board.

3. The Management Board organizes meetings based on work requirements and as specified in the Operational Regulations of the Management Board. Meetings of the Management Board are considered valid when more than 2/3 of the members attend. If necessary, the Chairman of the Management Board may invite representatives of relevant agencies and organizations to attend the Management Board meeting to seek their opinions. Invited representatives attending the Management Board meeting do not participate in voting.

4. Resolutions of the Management Board:

Resolutions of the Management Board are passed at meetings according to the principles stipulated in point b of paragraph 1 of this Article; the contents of the meetings are recorded in minutes, signed by all members. In case a meeting is not organized, the opinions of all members of the Management Board must be obtained in writing to reach a consensus. Within 15 days from the date of the meeting, the Management Board must issue the Resolution and send it to all members of the Management Board and the superior management agency.

5. Reporting System of the Management Board:

Annually or upon request, the Chairman of the Management Board reports to the competent authority on the results and effectiveness of the Management Board's operations and those of the public health care institution.

Article 7. Rules of Operation of the Management Board

1. The Management Board shall draft the Rules of Operation of the Management Board to submit to the competent authority specified in Clause 7, Article 7 of Decree No. 120/2020/NĐ-CP for consideration and decision.

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

a) General provisions;

b) Functions, tasks, and powers of the Management Board;

c) The number, structure, term of office of the Management Board;

d) The operational mechanism of the Management Board;

đ) The tasks, powers, term of office of members of the Management Board; appointment, supplementation, replacement, removal, disciplinary action against members of the Management Board;

e) Work relationships.

3. In cases where it is necessary to amend or supplement the Rules of Operation, the Management Board shall propose the contents that need to be amended or supplemented and send them to the competent authority for consideration and decision in accordance with the provisions of Clause 1 of this Article.

Article 8. Work Relationships

1. The relationship between the Management Board and the superior management agency shall be implemented in accordance with the provisions at point c, Clause 5, Article 7 of Decree No. 120/2020/NĐ-CP.

2. The relationship between the Management Board and the head of the public health service unit shall be implemented in accordance with the provisions at point b, Clause 5, Article 7 of Decree No. 120/2020/NĐ-CP and the following regulations:

a) The head of the public health service unit shall have the responsibility to report on the activities of the public health service unit periodically or urgently upon request of the Management Board;

b) The head of the public health service unit shall be subject to inspection and supervision by the Management Board.

Article 9. Tasks and Powers of Members of the Management Board

1. Tasks and powers of members of the Management Board:

a) To perform tasks assigned by the Management Board; other tasks and powers as prescribed by law and the Rules of Operation of the Management Board and the public health service unit;

b) To participate in building the activity plan for each term and annually, quarterly; to propose topics and issues for discussion at the Management Board meetings;

c) To attend Management Board meetings, provide opinions, vote on issues discussed at the Management Board meetings;

d) To be provided with and have access to information and documents serving the work of the Management Board as prescribed; to enjoy benefits and policies as prescribed by law and the financial regulations of the public health service unit;

e) To perform other tasks and powers as prescribed by law.

2. Tasks and powers of the Chairman of the Management Board:

a) To perform the tasks and powers of members of the Management Board as stipulated in Clause 1 of this Article;

b) To direct the Management Board to perform the tasks and powers of the Management Board as prescribed in this Circular;

c) To direct the development of the activity plan for each term and annually, quarterly of the Management Board; to lead and direct the implementation of Management Board resolutions;

d) To organize the supervision and evaluation of the implementation results of Management Board resolutions, the operation results of the public health service unit; the management and leadership results of the head of the public health service unit;

đ) To convene and chair Management Board meetings; to direct the preparation of meeting programs, documents, or to seek opinions from Management Board members and approve Management Board resolutions;

e) To sign documents of the Management Board;

g) To perform other tasks and powers as prescribed by law or according to the Rules of Operation of the Management Board.

3. Tasks and powers of the Deputy Chairman of the Management Board (if any):

a) To perform the tasks and powers of members of the Management Board as stipulated in Clause 1 of this Article;

b) To manage operations and sign documents under the authorization of the Chairman of the Management Board;

c) To perform other tasks and powers as prescribed by law or according to the Rules of Operation of the Management Board.

4. Tasks and powers of the Secretary of the Management Board:

a) To compile information on the activities of the public health service unit, report to the Chairman of the Management Board; to prepare meeting agendas, documents, meeting invitations, and serve as secretary to record minutes of Management Board meetings; to draft, complete, store resolutions and documents of the Management Board as prescribed;

b) To prepare reports and explanatory documents for related agencies as required by the Management Board's functions and responsibilities periodically or urgently;

c) To perform other tasks and powers assigned by the Chairman of the Management Board or according to the Rules of Operation of the Management Board.

Chapter IV

STANDARDS AND CONDITIONS FOR APPOINTMENT, REMOVAL OF MEMBERS OF THE MANAGEMENT BOARD

Article 10. Standards and Conditions for Appointing Members of the Management Board

1. For members of the Management Board:

a) Shall be civil servants or public officials;

b) Possess good political qualities, morality; have reputation and sufficient health to perform assigned duties and responsibilities;

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

d) Have a major degree or higher in a relevant field corresponding to the assigned tasks;

đ) For members of the Management Board appointed for the first time, they must still be of working age for at least one term (sixty months counted from the date of appointment); in special cases, report to the competent authority for consideration and decision;

e) Not be spouse; father, mother, direct caregiver or father, mother, direct caregiver of spouse; biological or adopted children, daughters-in-law, sons-in-law; siblings; siblings of spouse with other members of the Management Board and with the head, chief accountant (or accounting supervisor) of the public health institution;

g) Other standards and conditions as prescribed by the competent authority deciding on the appointment of Management Board members and the Chairman of the Management Board.

2. For the Chairman of the Management Board:

a) Meet the standards and conditions stipulated in Clause 1 of this Article;

b) Possess management capabilities and meet the conditions and standards as the head of a public health institution according to the law and regulations of the competent authority.

3. For Deputy Chairmen of the Management Board (if any):

a) Meet the standards and conditions stipulated in Clause 1 of this Article;

b) Possess management capabilities and meet the conditions and standards as the deputy of the head of a public health institution according to the law and regulations of the competent authority.

Article 11. Dismissal of Management Board Members

Management Board members shall be dismissed if they fall into any of the following circumstances:

1. There is a written request from the individual to resign from the Management Board and it is approved by the competent authority.

2. They are restricted in their civil capacity or lack the health to fulfill the assigned work.

3. More than fifty percent of the total number of Management Board members propose dismissal.

4. They are indicted by the investigative agency or convicted by a court judgment that has legal effect.

5. They are disciplined with a warning or higher, or reprimanded twice within the same appointment period, or rated as not completing their tasks for two consecutive years.

6. They are concluded by the competent authority to have ideological, moral, lifestyle deterioration, self-evolution, self-transformation, violation of prohibitions for party members, failure to set a good example, adversely affecting their own reputation and the unit where they work.

7. They commit other violations as specified in the Regulations on the Organization and Operation of Public Health Institutions and the Regulations on the Operation of the Management Board.

8. They retire, leave their job, transfer to another position, or are reassigned to a position inconsistent with the structure of the Management Board as stipulated in Article 5 of this Circular.

9. Other cases as prescribed by law and regulations of the competent authority appointing the Chairman of the Management Board and Management Board members.

Chapter V

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from March 1, 2025.

2. In case the referenced documents in this Circular are replaced or amended, apply according to the amended, replaced documents.

Article 13. Transitional Provisions

The Management Boards in public health institutions established before the effective date of this Circular shall continue to operate until the end of their term and are responsible for reviewing and adjusting the Regulations on the Operation of the Management Board to ensure compliance with 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. Provincial People's Committees directly under the Central Government are responsible for directing the implementation of this Circular.

2. Heads of units under the Ministry of Health, Directors of Health Departments of provinces and centrally-administered cities, heads of public health institutions, and related agencies are responsible for enforcing this Circular.

During the implementation process, if there are difficulties, please reflect them to the Ministry of Health for guidance and resolution./.