What is the application for the establishment of management boards of public service providers in the financial sector in Vietnam?
- What is the application for the establishment of management boards of public service providers in the financial sector in Vietnam?
- Who has the right to decide on the establishment of management boards of public service providers in the financial sector in Vietnam?
- What conditions must be met in order to establish a management board of public service provider in the financial sector in Vietnam?
What is the application for the establishment of management boards of public service providers in the financial sector in Vietnam?
Pursuant to Article 11 of Circular No. 11/2023/TT-BTC stipulating as follows:
Dossier, order and procedures for establishment of management boards
1. The public service provider shall report to the agency competent to decide on the establishment of the management board (through the appraising agency) the policy on establishment, structure of the Board of Management and consult the personnel. Chairman of the management board, Vice Chairman of the management board (if any), Secretary of the management board.
Dossier to request the establishment of the management board includes:
a) A written request for the establishment of the management board.
b) The proposal to establish the management board.
c) Draft Regulation on operation of the management board; in which, clearly defining the relationship between the management board and the head of the public service provider and the superior management agency.
d) Relevant documents evidencing the satisfaction of the conditions specified in Article 3 of this Circular.
dd) Opinions of relevant agencies and units (if any).
e) Other relevant papers (if any).
2. The appraising agency shall appraise the necessity, quantity, structure, composition and criteria of members of the management board; functions, duties, powers, operation regulations of the management board and other relevant contents.
The appraising agency shall report to the agency competent to decide on the establishment of the management board, the policy on establishment, the composition of the management board and the expected personnel. Manager (if any), Secretary of the management board.
3. After obtaining the approval of the establishment policy by the competent authority, the composition of the management board, the public service provider proposes specific personnel of the management board to report to the competent authority for decision.
4. Pursuant to the provisions of Clauses 1, 2 and 3 of this Article, the written request for establishment and contents of the report of the appraising agency, the authority competent to consider and decide on the establishment of the management board shall issue the Decision on the establishment of the management board.
Thus, the application for the establishment of management boards of public service providers in the financial sector will include:
- A written request for the establishment of management boards.
- The proposal to establish the management board.
- Draft operating regulations of the management board; in which, clearly defining the relationship between the management board and the head of the public service provider and the superior management agency.
- Relevant documents evidencing the satisfaction of conditions as prescribed.
- Opinions of relevant agencies and units (if any).
- Other relevant papers (if any).
What is the application for the establishment of management boards of public service providers in the financial sector in Vietnam?
Who has the right to decide on the establishment of management boards of public service providers in the financial sector in Vietnam?
Pursuant to Article 10 of Circular No. 11/2023/TT-BTC stipulating as follows:
Authority to establish, agency appraising dossiers for establishment of management boards
1. Authority to establish the management board and approve the operation regulations of the management board
a) Ministers, heads of ministerial-level agencies, heads of government-attached agencies and heads of organizations established by the Government or Prime Minister that are not public service providers decided or decentralized the establishment and approval of the Regulation on operation of the management board in public service providers under the management of ministries, ministerial-level agencies, government-attached agencies, and organizations established by the Government or the Prime Minister that are not public service providers in accordance with the decentralization of management of civil servants, public employees and financial management of the agency.
b) Provincial-level People's Committees shall decide to establish and approve the operation regulations of the management boards in public service providers under the management of the provincial-level People's Committees according to regulations.
2. Appraisal agency
a) The Department of Organization and Personnel or the Organization and Personnel Committee of the level competent to establish and approve the Operational Regulations of the management board is the agency in charge of appraising the establishment of the management board of public service providers under the management of ministries, ministerial-level agencies, government-attached agencies, and organizations established by the Government or the Prime Minister that are not public service providers.
b) The specialized agency that advises the state management in the field of organizational apparatus under the People's Committees at all levels shall be the appraisal body for the establishment of the management board in the public service providers within the scope of the People's Committees at all levels according to the decentralization of the provincial People's Committees.
Thus, the authority to decide on the establishment of a management board in a public service provider in the financial sector is:
- Ministers, heads of ministerial-level agencies, heads of government-attached agencies and heads of organizations headed by the Government or Prime Minister
- Provincial People's Committee.
What conditions must be met in order to establish a management board of public service provider in the financial sector in Vietnam?
Pursuant to Article 3 of Circular No. 11/2023/TT-BTC stipulating the principles and conditions for setting up a management board of public service provider in the financial sector (hereinafter referred to as the management board) as follows:
Principles and conditions for the 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 Decree No. 120/2020/ND-CP.
A reference to the conditions for the establishment of the management board in general is specified in Clause 2, Article 7 of Decree No. 120/2020/ND-CP as follows:
Management board
...
2. Conditions of establishment
The public service providers 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 conditions for the establishment of the management board include:
- Must be a public service provider that can self-finance recurrent and investment expenses
- In accordance with specific conditions, management requirements and regulations of specialized laws
- Be allocated capital and assets by the State to provide public services in accordance with law.
Circular No. 11/2023/TT-BTC takes effect from March 31, 2023.
Nguyễn Thị Hồng Nhung
