Duties and powers of members of the Management Council in Vietnam of public non-business units in the Judiciary sector in 2022?

Main Content

• How is the management council of public non-business units in the judicial field implemented?
• How does the Board of Management in Vietnnam of public non-business units in the judicial sector have working relationships with other agencies?
• What tasks will the members of the Management Council in Vietnam of public non-business units in the judicial sector perform?

How is the management council of public non-business units in the judicial field implemented?

Pursuant to Article 12 of Circular 04/2022/TT-BTP stipulating as follows:

“Article 12. Operational Regulations of the Management Board

1. The Management Council shall develop the Operational Regulations of the Management Council and send it to the appraising agency specified in Clause 3, Article 7 of this Circular for consideration and submission to the competent authority to establish the Management Council specified in Article 7 of this Circular. 4 This Circular approves.

2. Operational regulations of the Management Board include the following main contents:

a) General provisions;

b) Functions, duties and powers of the Management Council;

c) Number, structure and term of office of the Management Council;

d) Operational mechanism of the Management Board;

d) Duties, powers and term of office of members of the Management Council; appoint, supplement, replace, relieve from duty and discipline members of the Management Board;

e) Working relationship;

g) Other regulations to ensure the operation of the Management Board in accordance with the provisions of law.

3. In case it is necessary to amend and supplement the operation regulations, the Management Council shall approve the operation regulations of the Management Board and send it to the appraising agency for submission to the competent authority to establish the Management Council for approval according to the regulations. prescribed in Article 4 of this Circular.”

Accordingly, the Management Council in Vietnam of public non-business units in the judicial field will operate according to the above-mentioned regulations.

Duties and powers of members of the Management Council of public non-business units in the Judiciary sector in 2022? (Image from the Internet)

How does the Board of Management in Vietnnam of public non-business units in the judicial sector have working relationships with other agencies?

Pursuant to Article 13 of Circular 04/2022/TT-BTP stipulating as follows:

“Article 13. Working relationship

1. The relationship between the Board of Management and the superior management agency

a) The Management Council is responsible before the superior management agency for the results of performance of assigned tasks and powers;

b) The Management Council is responsible for reporting on the activities of the public non-business unit to the superior management agency;

c) The superior management agency shall approve or give opinions on matters falling within its competence at the proposal of the Management Council.

2. Relationship between the Management Board and the head of the public non-business unit

a) The Management Council decides on matters falling within its competence at the request of the head of the public non-business unit;

b) The head of the public non-business unit manages and directs the operation of the unit to implement the resolutions of the Management Council and is responsible for the results of the implementation of the resolution before the Management Board;

c) The head of the public non-business unit shall periodically or irregularly report on the activities of the public non-business unit at the request of the Management Council;

d) Heads of public non-business units are subject to inspection and supervision by the Management Council.”

Accordingly, the Management Council in Vietnam of public non-business units in the judicial sector will have a working relationship with superior management agencies and heads of public non-business units according to the content of the above provisions.

What tasks will the members of the Management Council in Vietnam of public non-business units in the judicial sector perform?

Pursuant to Article 14 of Circular 04/2022/TT-BTP stipulating as follows:

"Article 14. Duties and powers of members of the Management Council

1. Duties and powers of the Chairman of the Management Board

a) To administer the Management Council to perform the tasks and powers specified in Article 9 of this Circular;

b) Organize the monitoring and evaluation of the results of the implementation of strategic goals and operational results of the public non-business units; results of management and administration of heads of public non-business units;

c) Direct the elaboration of the annual and quarterly operation plan of the Management Board; lead the implementation of resolutions of the Management Board;

d) To convene and chair meetings of the Management Board; direct the preparation of meeting agendas and documents or collect opinions from members of the Management Board;

dd) Sign documents of the Management Board;

e) Perform other duties and exercise other powers as prescribed by law or in accordance with the operation regulations of the Management Board.

2. Duties and powers of the Vice Chairman of the Management Council (if any)

a) Manage operations and sign documents as authorized by the Chairman of the Management Board;

b) To perform the duties and powers of members of the Management Board as prescribed in Clause 3 of this Article and other tasks and powers according to the operation regulations of the Management Board.

3. Duties and powers of members of the Management Board

a) Perform tasks assigned by the Management Council; other tasks and powers as prescribed by law and operational regulations of the Management Council and of public non-business units;

b) Participating in the formulation of term and annual operational plans; propose content and issues to be discussed at the meeting of the Management Board;

c) Attend meetings of the Management Board, give opinions and vote on issues discussed in the meetings of the Management Board.

4. Secretary of the Management Board

To perform the tasks and powers of the members of the Management Council as prescribed in Clause 3 of this Article and directly assist the Chairman of the Board in managing the following tasks:

a) Summarize information about the unit's operation and report it to the Chairman of the Management Board; prepare agendas, documents, meeting invitations and act as secretary of meetings of the Management Board; formulating, completing and archiving documents of the Management Board;

b) Prepare reports and explanatory documents to state agencies and relevant agencies according to the tasks and functions of the Management Council;

c) Other tasks assigned by the Chairman of the Management Board and according to the operation regulations of the Management Board."

Accordingly, members of the Management Council in Vietnam of public non-business units in the judicial field shall exercise the powers and perform the duties as prescribed above.

Circular 04/2022/TT-BTP will take effect from August 5, 2022.