Conditions and principles for establishing the Management Council in Vietnam of non-business units established in the Judiciary sector in 2022?
- What are the public non-business units operating in the field of Justice?
- What are the conditions and principles to ensure the establishment of a Management Council in Vietnam of a public non-business unit under the Judiciary branch?
- How to prepare a dossier for the establishment of a Management Council in Vietnam of a public non-business unit in the Judiciary branch?
- What are the contents of the project on establishing the Management Council in Vietnam of public non-business units in the Judiciary branch?
- Which agencies have the authority to establish the Management Council in Viietnam of public non-business units in the Judiciary branch?
What are the public non-business units operating in the field of Justice?
Pursuant to Article 2 of Circular 04/2022/TT-BTP the following regulations:
“Article 2. Subjects of application
1. Public non-business units operating in the fields under the management of the Ministry of Justice include:
a) Public non-business units under the ministry;
b) Public non-business units under the general department of the ministry;
c) The public non-business unit under the department.
2. Public non-business units under the Department of Justice under the People's Committees of provinces and centrally run cities.
3. Agencies, organizations and individuals involved in the establishment and operation of the Management Council in public non-business units of the Judiciary branch.
4. Management councils in public non-business units that do not fall under the subjects specified in Clauses 1 and 2 of this Article shall be established in accordance with specialized laws and have their functions, tasks, powers and structure. The organization and operation regulations of this Management Council shall comply with the guidance of the line ministries.”
Accordingly, public non-business units operating in the field of Justice will include those listed under the above provisions.
Conditions and principles for establishing the Management Council of public non-business units in the Judiciary sector in 2022? (Image from the internet)
What are the conditions and principles to ensure the establishment of a Management Council in Vietnam of a public non-business unit under the Judiciary branch?
Pursuant to Article 3 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 3. Principles and conditions for establishment of the Management Board
Principles and conditions for establishment of the Management Board comply with the provisions of Clauses 1 and 2, Article 7 of the Government's Decree No. 120/2020/ND-CP dated October 7, 2020 on regulations on establishment and organization re-organization and dissolution of public non-business units (hereinafter referred to as Decree No. 120/2020/ND-CP).”
Considering Clauses 1 and 2, Article 7 of Decree No. 120/2020/ND-CP stipulates as follows:
“Article 7. Management Board
1. Principle of establishment
a) Public non-business units that cover their own recurrent and investment expenditures must establish a Management Council to decide on important issues of the unit;
b) Based on specific conditions, management requirements and regulations of specialized laws, when necessary, ministries, ministerial-level agencies, Governmental agencies, and provincial-level People's Committees shall stipulate the establishment of the Management Council for public non-business units not specified at Point a, Clause 1 of this Article.
2. Conditions of establishment
Public non-business units specified in Clause 1 of this Article are allocated capital and assets by the State to provide public administrative services in accordance with law.”
Thus, the principles of establishment and conditions for setting up the Management Council in Vietnnam of public non-business units in the Judiciary branch shall comply with the above provisions.
How to prepare a dossier for the establishment of a Management Council in Vietnam of a public non-business unit in the Judiciary branch?
Pursuant to Article 5 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 5. Dossier of application for establishment of the Management Board
1. A written request for establishment of the Management Council of the public non-business unit; The written request for establishment of the Management Council of the superior unit directly managing the public administrative unit (if any), the immediate superior of the public administrative unit under the Department or the General Department of the Ministry is Departments, General Departments under the Ministry; the immediate superior of a public unit under the Department of Justice under the provincial-level People's Committee is the Department of Justice;
2. The scheme for the establishment of the Management Council;
3. Draft Regulation on operation of the Management Council;
4. Documents evidencing eligibility for establishment of the Management Board as prescribed;
5. Minutes of joint meetings and key staff meetings;
6. Written opinions of relevant agencies on the establishment of the Management Council;
7. Other relevant papers (if any).”
Accordingly, when establishing the Management Council Vietnam of public non-business units under the Judiciary branch, it is necessary to prepare the components of the dossier as prescribed above.
What are the contents of the project on establishing the Management Council in Vietnam of public non-business units in the Judiciary branch?
Pursuant to Article 6 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 6. Scheme on establishment of the Management Board
1. The necessity and legal basis for the establishment of the Management Council;
2. Position, functions, tasks and powers of the Management Council;
3. Number and structure of members of the Management Board; specific duties of members of the Management Board;
4. Estimated personnel plan of the Management Board;
5. Proposal of the unit requesting the establishment of the Management Board (if any);
6. Other contents as prescribed by specialized laws (if any).”
Accordingly, the proposal to establish the Management Council of public non-business units under the Judiciary branch will have to have the contents listed in accordance with the above regulations.
Which agencies have the authority to establish the Management Council in Viietnam of public non-business units in the Judiciary branch?
Pursuant to Article 4 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 4. Competence to decide on the establishment of the Management Board
1. The Minister of Justice shall decide on the establishment of Management Councils in public non-business units operating in the domains under the Ministry of Justice's management.
2. Provincial People's Committees decide on the establishment of Management Councils in public non-business units under the Department of Justice.”
Accordingly, the Minister of Justice and the Provincial People's Committee will have the right to decide to establish a Co-management Council in Vietnam of public non-business units in the Judiciary branch under their management.
Circular 04/2022/TT-BTP takes effect from August 5, 2022.
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