What are the operating regulations of the management boards of public service providers in the financial sector in Vietnam?
- When is the meeting of the management boards in a public service provider in the financial sector valid?
- What are the operating regulations of the management boards of public service providers in the financial sector in Vietnam?
- What principles does the management board of public service providers in the financial sector work on in accordance with the law?
When is the meeting of the management boards in a public service provider in the financial sector valid?
According to the provisions of Article 18 of Circular No. 11/2023/TT-BTC as follows:
Mode of operation of management boards
1. Meeting of management boards
a) The management board meets at least once every 3 months and holds an extraordinary meeting when there is a written request of more than 30% of the total number of members of the management board or at the request of the Chairman of the management board, the head of public service providers.
b) A meeting of the management board is considered valid when at least 2/3 of the members of the Board attend.
c) A resolution of the management board shall be passed when more than 50% of the total members according to the list of the management board agree. Meetings must be recorded in minutes, with opinions and signatures of members attending the meeting. In case the meeting is not held, the written opinions of all members of the management board must be obtained to reach consensus on the resolution. The Chairman of the management board shall sign and promulgate the resolution and send it to the members of the Board and the superior management agency within 15 working days from the date of the meeting.
Thus, the management board meets at least once every 3 months.
A meeting of the management boards in a public service provider in the financial sector is only considered valid when at least 2/3 of the council members attend.
What are the operating regulations of the management boards of public service providers in the financial sector in Vietnam?
What are the operating regulations of the management boards of public service providers in the financial sector in Vietnam?
The operating regulations of the management boards of public service providers in the financial sector are specified in Article 17 of Circular No. 11/2023/TT-BTC as follows:
Operating regulations of the management board
1. The Chairman of the management boards shall promulgate the Regulation on operation of the management board on the basis of the approved contents in the dossier of establishment of the management board.
2. Operating regulations of the management board include the following main contents:
a) General provisions.
b) Functions, duties and powers of the management boards.
c) Number, structure and term of office of the management boards.
d) Operational mechanism of the management board.
dd) Duties and powers of members of the management boards; appoint, supplement, replace, dismiss 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 operating regulations, the management boards shall approve the operating regulations of the management board and send it to the competent authority to establish the management board before deciding to issue.
Thus, the operating regulations of the management boards in public service providers in the financial sector include the following principal contents:
- General regulations.
- Functions, duties and powers of the management board.
- Number, structure and tenure of the management board.
- Operational mechanism of the management board.
- Duties and powers of members of the management board; appoint, supplement, replace, dismiss and discipline members of the management board.
- Working relationship.
- Other regulations to ensure the operation of the management board in accordance with the provisions of law.
What principles does the management board of public service providers in the financial sector work on in accordance with the law?
Working principles of the management board are specified in Article 16 of Circular No. 11/2023/TT-BTC as follows:
Working principles and working relationships of the management boards
1. The management board operates in accordance with the Regulation on organization and operation approved by the competent authority.
2. Working principles of the management board
a) The management board shall implement the principles of collective discussion, democracy, publicity, voting and decision by majority. In case of equal voting, the decision shall be made by the party with the vote of the Chairman of the management board.
b) The management board performs the assigned tasks and powers according to its competence.
c) The representative of the superior management agency of the public service provider in the management boards shall work on a part-time basis.
3. Relationship between the management board and the head of the public service provider
a) The management boards shall decide on matters falling within its competence at the request of the head of the public service provider.
b) The head of the public service provider is the legal representative of the public service provider, manages and operates the unit's operations, implements the resolutions of the management boards and is responsible for the results. the results of the implementation of the resolution before the management board and before the law.
4. The relationship between the management boards and the superior management agency
a) The management board is answerable to the superior management agency and reports to the superior management agency on the results of performance of the assigned tasks and powers.
b) The superior management agency shall approve or give opinions on matters falling within its competence at the proposal of the management boards.
Thus, the working principles of the management board are as follows:
- The management board implements the principles of collective discussion, democracy, publicity, voting and decision by majority. In case of equal voting, the decision shall be made by the party with the vote of the Chairman of the management board.
- The management board shall perform the assigned tasks and powers according to its competence.
- Representatives of superior management agencies of public service providers in the management boards work on a part-time basis.
Circular No. 11/2023/TT-BTC takes effect from March 31, 2023.
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