Circular No. 72/2023/TT-BTC stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units in the financial sector.

CIRCULAR
Regulations on criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the financial sector

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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. 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;

Pursuant to Decree No. 14/2023/NĐ-CP dated April 20, 2023, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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 Finance issues this Circular to regulate the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the financial sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the management of the Ministry of Finance according to the laws (hereinafter referred to as the financial sector).

Article 2. Applicability

1. This Circular applies to:

a) Public service units established by competent authorities in accordance with the law that have public service activities within the financial sector.

b) Agencies, organizations, and individuals related to the establishment, merger, consolidation, and dissolution of public service units under the financial sector.

2. This Circular does not apply to:

a) Public service units under the Ministry of Public Security, Ministry of National Defense (if any).

b) Public service units under the management authority of the Ministry of Finance and provincial finance departments operating in the fields of information and communication, science and technology, education and training, economic public services, and other public services outside the financial sector.

c) State financial funds outside the budget or other organizations operating in the financial sector functioning like public service units.

d) Units regulated in Clause 6 and Clause 7 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 (except where otherwise provided by law).

Article 3. Principles for the establishment, merger, consolidation, and dissolution of public service units under the financial sector

The establishment, merger, consolidation, and dissolution of public service units under the financial sector must comply with the provisions of Article 4 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).

Chapter II

CRITERIA FOR CLASSIFICATION, CONDITIONS FOR ESTABLISHMENT, MERGER, CONSOLIDATION, AND DISSOLUTION OF PUBLIC SERVICE UNITS UNDER THE FINANCIAL SECTOR

Article 4. Criteria for classification of public service units under the financial sector

1. Classification based on the authority to establish

a) Public service units established by the authority of the Government.

b) Public service units established by the authority of the Prime Minister.

c) Public service units established by the authority of the Minister of Finance.

d) Public service units established by the authority of the People's Committees of provinces and centrally governed cities.

2. Classification based on the degree of autonomy

a) Public service units that self-fund regular expenses and investment expenses;

b) Public service units that self-fund regular expenses;

c) Public service units that partially self-fund regular expenses;

d) Public service units funded by the state budget for regular expenses.

Article 5. Conditions for the establishment of public service units under the financial sector

1. The establishment of public service units under the financial sector must meet the conditions stipulated in Clause 2 Article 4 and points a, c, d, đ Clause 1 Article 5 of Decree No. 120/2020/NĐ-CP, Circular No. 04/2022/TT-BTC dated January 28, 2022 of the Ministry of Finance guiding the functions, tasks, and powers of local financial agencies under the People's Committees of provinces and districts.

2. In addition to the general conditions stipulated in Clause 1 of this Article, the establishment of public service units under the financial sector must also meet other conditions as prescribed by relevant laws (if applicable).

3. Public service units under the financial sector established before the effective date of this Circular must meet the conditions stipulated in points a, c, d, đ Clause 1 Article 5 of Decree No. 120/2020/NĐ-CP, Circular No. 04/2022/TT-BTC dated January 28, 2022 of the Ministry of Finance guiding the functions, tasks, and powers of local financial agencies under the People's Committees of provinces and districts, and self-fund at least 30% of regular expenses or have at least 30% of the workforce receiving salaries from service revenue (except for units only providing basic and essential public services).

Article 6. Conditions for the merger or consolidation of public service units in the financial sector

1. The merger or consolidation of public service units in the financial sector shall be carried out when there is another public service unit with compatible functions and tasks, according to the regulations stipulated in point a, Clause 2, Article 5 of Decree No. 120/2020/NĐ-CP, and the public service unit in the financial sector meets one of the following conditions:

a) There is an adjustment in functions, tasks, and authorities as provided for in point a, Clause 2, Article 5 of Decree No. 120/2020/NĐ-CP.

b) It has been two consecutive years of ineffective operation as assessed by the competent authority, or it aims to enhance the efficiency of public service provision and state management services.

c) It does not meet the minimum number of staff as prescribed in point d, Clause 1, Article 5 of Decree No. 120/2020/NĐ-CP.

d) It does not ensure financial autonomy of 30% or more for regular expenses or has 30% or more of its staff receiving salaries from business revenue as stipulated in Clause 3, Article 5 of this Circular (for public service units established before the effective date of this Circular) or it no longer has the capacity to ensure financial autonomy as prescribed in Clause 2, Article 4 of Decree No. 120/2020/NĐ-CP (for public service units established on or after the effective date of this Circular).

đ) It does not meet the conditions prescribed by specialized laws (if applicable).

2. The merger or consolidation of public service units with the same level of financial autonomy must ensure that the current level of financial autonomy of these units is not reduced; in cases where the merger or consolidation involves public service units with different levels of financial autonomy, the level of financial autonomy of the public service unit after the merger or consolidation shall be implemented according to the decision of the competent authority.

3. Public service units formed after the merger or consolidation must satisfy the conditions for establishing public service units as stipulated in Article 5 of this Circular and relevant laws.

Article 7. Conditions for the dissolution of public service units in the financial sector

1. The dissolution of public service units shall be carried out when one of the following conditions is met:

a) There is no longer a function or task as prescribed in point a, Clause 3, Article 5 of Decree No. 120/2020/NĐ-CP.

b) The objectives, functions, and tasks of the unit providing public services and serving state management are not clearly defined as prescribed in point c, Clause 1, Article 5 of Decree No. 120/2020/NĐ-CP.

c) It does not meet the minimum number of staff as prescribed in point d, Clause 1, Article 5 of Decree No. 120/2020/NĐ-CP, and there is no other public service unit with compatible functions and tasks within the agency or unit for merger or consolidation.

d) It does not ensure financial autonomy of 30% or more for regular expenses or has 30% or more of its staff receiving salaries from business revenue as stipulated in Clause 3, Article 5 of this Circular (for public service units established before the effective date of this Circular) or it no longer has the capacity to ensure financial autonomy as prescribed in Clause 2, Article 4 of Decree No. 120/2020/NĐ-CP (for public service units established on or after the effective date of this Circular), and there is no other public service unit with compatible functions and tasks within the agency or unit for merger or consolidation.

đ) It does not meet the conditions prescribed by specialized laws (if applicable).

e) It meets one of the conditions prescribed in point c or point d, Clause 3, Article 5 of Decree No. 120/2020/NĐ-CP.

2. A public service unit may only proceed with dissolution after completing all financial, property, land, loan, debt, and other related obligations and obtaining written confirmation from the competent authority.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Effective Date

This Circular takes effect from February 1, 2024.

Article 9. Responsibility for implementation

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 Finance, Directors of Provincial Departments of Finance, heads of public service units, and related agencies and organizations are responsible for implementing this Circular.

3. During implementation, if difficulties or obstacles arise, agencies and units are requested to report them in writing to the Ministry of Finance for guidance and resolution./.