In case the number of votes for and against in the Management Council in Vietnam of public non-business units in the Judiciary sector is equal, how will it be handled?
- What functions and tasks will the Management Council in Vietnam of public non-business units in the field of Justice perform?
- What are the components of the Board of Management in Vietnam of public non-business units in the field of Justice?
- How to handle when the number of votes for and against in the Management Council in Vietnam of public non-business units in the field of Justice have equal proportions?
What functions and tasks will the Management Council in Vietnam of public non-business units in the field of Justice perform?
Pursuant to Article 9 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 9. Functions, duties and powers of the Management Council
The functions, tasks and powers of the Management Council shall comply with the provisions of Clause 3, Article 7 of Decree No. 120/2020/ND-CP.”
According to Clause 3, Article 7 of Decree No. 120/2020/ND-CP, as follows:
“Article 7. Management Board
...
3. The Management Council is the representative of a ministry, a ministerial-level agency, an agency attached to the Government, an organization established by the Government or the Prime Minister but is not a public non-business unit or the People's Committee. At the provincial level at the public non-business unit, perform the following tasks and powers: Decide on the medium-term and annual strategies and plans of the unit; to decide on investment policies for operation expansion, establishment, reorganization and dissolution of affiliated units; decide on the policy on organizational structure and personnel (except for the number of people working in accordance with the law on public employees); approve the organization and operation regulations of the unit to submit to competent authorities for decision; approve the annual financial settlement report, inspect and supervise the implementation of the plan, the implementation of the democratic regulations, decide on other important issues of the unit in accordance with the law. "
Accordingly, the Management Council in Vietnam of public non-business units in the field of Justice will perform the functions, tasks and powers according to the above provisions.
In case the number of votes for and against in the Management Council of the Judiciary is equal, how will it be handled?
What are the components of the Board of Management in Vietnam of public non-business units in the field of Justice?
Pursuant to Article 10 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 10. Number and structure of members of the Management Council
1. The Management Board has from 5 to 11 members depending on the characteristics of each unit, including the Chairman, Secretary and other members. Depending on the task requirements, the Management Board may have a Vice Chairman. The Chairman and other members of the Management Council shall be appointed by the head of the agency competent to approve the autonomy scheme of the public non-business unit. The term of office of the members of the Management Board shall not exceed 5 years.
2. Composition of the Management Board
a) The Chairman of the Council is the leading representative of the public non-business unit or the representative of the superior management agency of the public non-business unit, including the representative of the Ministry (for non-business units under the Ministry), the representative of the leadership of the Department of Justice (for non-business units under the Department of Justice) or the representative of the immediate superior management agency (if any) to be considered and decided by a competent person;
b) Representative of the superior management agency and the immediate superior of the public non-business unit (in case the Chairman of the Council is the leading representative of the public non-business unit) or the representative of the unit's leadership. public service (in case the Chairman of the Council is a representative of a superior management agency or an immediate superior);
c) Secretary of the Council;
d) Representatives of the Party committee, the president of the trade union, the secretary of the youth union, the leaders of the departments and divisions (if any). In case there is no affiliated organization, the election of representatives of public employees of the non-business unit to participate in the Management Council;
dd) Representatives of organizations with related interests (if any).
3. The specific number, structure and composition of members of the Management Council shall be decided by the head of the agency competent to approve the autonomy scheme of the public non-business unit and the number of members shall be in accordance with regulations. specified in Clause 1 of this Article.”
Accordingly, the Management Council in Vietnam of public non-business units in the field of Justice will have from 5 to 11 members, including the components according to the content of the above regulation.
How to handle when the number of votes for and against in the Management Council in Vietnam of public non-business units in the field of Justice have equal proportions?
Pursuant to Article 11 of Circular 04/2022/TT-BTP stipulating as follows:
“Article 11. Principles and working regime of the Management Board
1. The Management Board shall work on the principle of collective action and make decisions by majority, unless the operation regulations of the Management Board stipulate a higher voting ratio; The decision of the Management Board is expressed in the form of a Resolution. In case the number of votes for and against is equal, the decision will be made by the side with the opinion of the Chairman of the Council.
2. Representatives of superior management agencies and immediate superiors of public non-business units in the Management Council work on a part-time basis.
Members of the Management Council are civil servants and public employees of other agencies and units working on a part-time basis; members of the Management Board who are officers of public non-business units may work under the full-time or part-time regime and are determined in the Scheme on the establishment of the Management Board.
3. The Management Board holds meetings according to the work requirements of the Management Board and determined in the Regulation on operation of the Management Board. Meetings of the Management Board are considered valid when more than 2/3 of the members attend.
4. The Management Council shall operate in accordance with the operating regulations approved by the agency or person competent to decide on the establishment of the Management Council.
5. The Management Council may use the seal and organizational structure of the public non-business unit to carry out the work of the Management Council.”
Thus, the Management Council in Vietnam of public non-business units in the field of Justice operates and works according to the above-mentioned principles. Accordingly, in the event that the number of votes for and against in the Management Council of public non-business units in the Judiciary sector is equal, the decision will be made according to the side with the opinion of the Chairman of the Council.
Circular 04/2022/TT-BTP will take effect from August 5, 2022.
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