What are the conditions for dissolution of an overseas public service provider of Vietnam? What is included in the dossier for dissolution of an overseas public service provider of Vietnam?
What are the conditions for dissolution of an overseas public service provider of Vietnam?
Public service providers:
Pursuant to the provisions of Clause 3, Article 5 of Decree No. 120/2020/ND-CP stipulating the conditions for dissolution of public service providers as follows:
Conditions for establishment, reorganization and dissolution of public service providers
....
3. Conditions for dissolution of public service providers
a) No longer has the functions and tasks of providing public non-business services and serving state management;
b) Failing to meet the criteria for establishing a public service provider as prescribed by law;
c) Three consecutive years of ineffective operation as assessed by the competent authority;
d) Comply with the national sector planning or network planning of public service providers (if any) already approved by the competent authority;
dd) Overseas public service providers: In addition to satisfying one of the conditions specified at Points a, b, c, d of this Clause, it must be consistent with the foreign policy of the Party, the State, and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the dissolution of public service providers.
According to the above regulations, the conditions for dissolution of public service providers abroad are prescribed as follows:
- No longer functions and tasks of providing public non-business services and serving state management;
- Failing to meet the criteria for establishing a public service provider as prescribed by law;
- Three consecutive years of ineffective operation according to the assessment of the competent authority;
- Comply with the national sector planning or the network planning of public service providers (if any) approved by the competent authorities;
- It is necessary to ensure conformity with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the dissolution of public service providers.
What are the conditions for dissolution of an overseas public service provider of Vietnam? What is included in the dossier for dissolution of an overseas public service provider of Vietnam? (Image from the Internet)
What is included in the dossier for dissolution of an overseas public service provider of Vietnam?
Pursuant to Article 18 of Decree No. 120/2020/ND-CP stipulating as follows:
Dossiers and procedures for handling the reorganization and dissolution of public service providers
1. A dossier of reorganization or dissolution of a public service provider includes:
a) Scheme on reorganization and dissolution of public service providers;
b) A report on reorganization or dissolution of the public service provider;
c) The draft document of the agency or person competent to decide on the reorganization or dissolution of the public service provider;
d) Documents of competent agencies or organizations certifying the fulfillment of financial obligations, property, land, loans, liabilities and other related issues (if any). in the case of dissolution of the public service provider.
2. The collection of opinions from relevant agencies and organizations; the order of sending and receiving dossiers; expertise; processing of dossiers and time limit for handling the reorganization and dissolution of public service providers shall comply with regulations applicable to the establishment of public service providers.
Thus, a dossier for dissolution of a public service provider includes:
- Dissolution scheme of public service providers;
- A report on dissolution of the public service provider;
- Draft document of the agency or person competent to decide on the dissolution of the public service provider;
- Documents of competent agencies or organizations certifying the fulfillment of financial obligations, property, land, loans, liabilities and other related issues (if any) in case of dissolution of public service providers.
What contents must be included in a project on dissolution of an overseas public service provider of Vietnam?
Pursuant to Article 17 of Decree No. 120/2020/ND-CP stipulating as follows:
Projects and reports on dissolution of public service providers
1. Contents of a project on dissolution of a public service provider, including:
a) The necessity and legal basis of the dissolution;
b) A plan to deal with organizational structure, personnel, finance, property, land and other related issues;
c) Documents of competent agencies or organizations certifying finance, property, land, loans, liabilities and other related issues (if any);
d) Regulations on responsibilities of heads of public service providers and related individuals for the implementation of the plan on dissolution of public service providers and time limit for handling.
2. Contents of a report on dissolution of a public service provider shall be the same as that of a report on establishment of a public service provider specified in Article 9 of this Decree.
Thus, the content of the project on dissolution of the overseas public service provider includes:
- The necessity and legal basis of the dissolution;
- Plan to deal with organizational structure, personnel, finance, property, land and other related issues;
- Documents of competent agencies or organizations certifying finance, property, land, loans, liabilities and other related issues (if any);
- Specify the responsibilities of the head of the public service provider and related individuals for the implementation of the plan on dissolution of the public service provider and the time limit for handling.
LawNet
