The process of establishing the Management Council in Vietnam of public non-business units under the Judiciary branch from August 5, 2022?
- Is it necessary to apply for the policy of the competent authority on the establishment of the Council for the management of public non-business units in the field of Justice?
- When will the application for the establishment of a Management Council in Vietnam of public non-business units in the field of Justice be made?
- What contents need to be appraised when establishing the Management Council in Vietnam of public non-business units in the field of Justice?
- How to decide to establish the Management Council in Vietnam of public non-business units in the field of Justice?
Is it necessary to apply for the policy of the competent authority on the establishment of the Council for the management of public non-business units in the field of Justice?
Pursuant to Clause 1, Article 7 of Circular 04/2022/TT-BTP stipulates as follows:
“Article 7. Process of setting up the Management Board
1. Request the policy of the competent authority on the establishment of the Management Council
a) After discussing and reaching agreement among the unit leaders on the policy of establishing the Management Council, the head of the public non-business unit shall hold a joint meeting between the unit's leader, the party committee and the representative of the unit. socio-political organizations discuss the establishment, expected number and structure of members of the Management Council.
b) On the basis of joint meetings, the head of the public non-business unit shall make a report proposing the establishment of the Management Council, enclosed with the joint meeting minutes, and send it to the appraising agency for submission to the competent agency or person. decision-making authority as prescribed in Article 4 of this Circular approving the policy of establishing the Management Council.
For public non-business units under direct management of superior units, the heads of public non-business units shall send reports to the immediate superior management agencies for comments on the necessity and send appraise and submit to the agency or person competent to decide as prescribed in Article 4 of this Circular for approval the policy of establishing the Management Council.”
Accordingly, the application for the policy of the competent authority on the establishment of the Management Council in Vietnam of the public non-business unit under the Judiciary branch shall comply with the above provisions. This is a mandatory procedure when establishing the Management Council in Vietnam of public non-business units in the field of Justice.
What is the process of setting up a Management Council in a public non-business unit of the Judiciary branch from August 5, 2022? (Image from the internet)
When will the application for the establishment of a Management Council in Vietnam of public non-business units in the field of Justice be made?
Pursuant to Clause 2, Article 7 of Circular 04/2022/TT-BTP stipulates as follows:
“Article 7. Process of setting up the Management Board
...
2. Proposing the establishment of a Management Council after the policy has been approved by the competent authority
a) After the policy is approved by the competent authority, the head of the public non-business unit shall direct the organization to compile a dossier to establish the Management Council, organize a conference of key officials of the unit to give opinions on the establishment scheme, draft operational regulations and propose personnel to join the management council of the unit. Personnel participating in the Management Board must meet the criteria and conditions specified in Article 15 of this Circular.
b) The key cadre conference of the unit includes the head, deputy head of the head, the party committee level, the president of the trade union, the secretary of the youth union, the leaders of the affiliated departments and divisions (if any). ) and representatives of superior management agencies, immediate superiors (if any) of public non-business units.
c) Based on the results of the key cadre conference, the head of the public non-business unit shall direct the completion of the dossier of establishment of the Management Council and send it to the appraising agency for submission to the competent agency or person for decision. as prescribed in Article 4 of this Circular.
For a public non-business unit under the direct management of a superior unit, the head of the public non-business unit shall send the dossier to the immediate superior management agency for the immediate superior management agency to consider. , send it to the appraisal agency to submit to the agency or person competent to establish the Management Council for decision as prescribed in Article 4 of this Circular for consideration and decision.”
Accordingly, the proposal for the establishment of the Management Board shall be made after the policy has been approved by the competent authority. The process of requesting the establishment of a Management Council in Vietnam of public non-business units in the field of Justice shall comply with the above provisions.
What contents need to be appraised when establishing the Management Council in Vietnam of public non-business units in the field of Justice?
Pursuant to Clause 3, Article 7 of Circular 04/2022/TT-BTP stipulates as follows:
“Article 7. Process of setting up the Management Board
...
3. The agency that appraises the application file for the establishment of the Management Council
a) The agency appraising the application for establishment of the Management Council in the public administrative unit under the management of the Ministry of Justice and the public administrative unit under the Department of Justice under the provincial People's Committee may comply with the provisions of Point b, Clause 6, Article 7 of Decree No. 120/2020/ND-CP
b) The appraisal agency specified at Point a of this Clause shall verify the necessity, quantity, structure, composition and criteria of members of the Management Board; functions, tasks, powers, operation regulations of the Management Board and other relevant contents.”
Accordingly, the appraisal of dossiers for establishment of the Management Council in Vietnam of public non-business units in the field of Justice shall comply with the above provisions.
How to decide to establish the Management Council in Vietnam of public non-business units in the field of Justice?
Pursuant to Clauses 4 and 5, Article 7 of Circular 04/2022/TT-BTP stipulates as follows:
“Article 7. Process of setting up the Management Board
...
4. Public non-business units or immediate superior units of public non-business units, on the basis of appraisal results, complete dossiers and report to agencies or competent persons for consideration and decision on establishment. Management board.
5. On the basis of the written request for establishment, the written appraisal of the establishment of the Management Council, the agency or person competent to establish the Management Council specified in Article 4 of this Circular considers and decides on the establishment of the Management Council. establish the Management Council and approve the Regulation on operation of the Management Council in public non-business units.”
Thus, the decision to establish the Management Council in Vietnam of public non-business units in the field of Justice shall be made in accordance with the above provisions.
The above is the process of establishing the Management Council in Vietnam of public non-business units in the field of Justice in the near future.
Circular 04/2022/TT-BTP will take effect from August 5, 2022.
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