Vietnam: On what criteria is the classification of public administrative units in the transport sectors?
- On what criteria is the classification of public administrative units in Vietnam in the transport sector?
- What are the conditions for merging and consolidating public non-business units in the transportation sector in Vietnam?
- What are the conditions for establishing a public non-business unit in the transport sector in Vietnam?
On what criteria is the classification of public administrative units in Vietnam in the transport sector?
Pursuant to Article 3 of Circular 12/2021/TT-BGTVT stipulating criteria for the classification of public non-business units in Vietnam in the transport sector as follows:
- By function, the duties of a public career unit
+ Public non-business units serving state management, including:
++ Public non-business units perform the function of evaluating and certifying safety management systems; assessment of quality assurance conditions.
++ Public non-business units in Vietnam perform the function of emission testing, motor vehicle energy labeling.
++ Public non-business units in Vietnam perform the functions of quality testing, technical safety and environmental protection for vehicles, components, industrial products and other safety equipment used in transportation.
++ Public non-business units perform the function of inspecting loading and unloading equipment, specialized construction, containers used in road transport, railways, inland waterways and maritime; equipment for exploration, exploitation and transportation at sea; machines, equipment and supplies with strict requirements on occupational safety (except equipment for national defense and security purposes and fishing vessels).
++ Public non-business units perform other functions in service of state management (if any).
+ Public non-business units providing public career services under the state management of the Ministry of Transport of Vietnam, including:
++ Public non-business units in Vietnam providing road technical services.
++ Public non-business units in Vietnam providing services to operate road ferry terminals.
++ Public non-business units in Vietnam providing services of receiving, processing and transmitting maritime security information.
++ Public non-business units providing incident response, natural disasters and maritime search and rescue services.
++ Public non-business units in Vietnam providing vehicle inspection services (except vehicles for national defense and security purposes and fishing vessels).
++ Public non-business units providing other public career services under the state management of the Ministry of Transport (if any).
- According to the level of financial autonomy of the public non-business unit:
+ Public non-business units in Vietnam ensure their own recurrent expenditures and investment expenditures.
+ Public non-business units in Vietnam ensure regular expenditures.
+ Public non-business units in Vietnam themselves guarantee a part of regular expenditures.
+ Public non-business units in Vietnam guaranteed by the State to spend regularly.
- Classification criteria for other public non-business units in the transport sector but under the state management of other ministries and sectors shall comply with the provisions of relevant laws and of such ministries and sectors.
Vietnam: On what criteria is the classification of public career units in the transport sectors?
What are the conditions for merging and consolidating public non-business units in the transportation sector in Vietnam?
Pursuant to Article 5 of Circular 12/2021/TT-BGTVT stipulating conditions for merging and consolidating public non-business units in the transport sector as follows:
- The merger and consolidation of public non-business units shall be carried out when meeting the conditions specified in Clause 2, Article 5 of Decree 120/2020/ND-CP.
- Public non-business units formed after merger or consolidation must fully meet the establishment conditions specified in Article 4 of Circular 12/2021/TT-BGTVT and relevant laws. The merger and consolidation of public non-business units ensures that it does not reduce the existing level of financial autonomy of the unit; In case of merging or consolidating public non-business units with financial autonomy at different levels, the level of financial autonomy of public non-business units after merger or consolidation shall be carried out according to the decisions of competent agencies.
- Conditions for merger and consolidation for other public non-business units in the transport sectors but under the state management of other ministries and sectors shall comply with the provisions of relevant laws and of such ministries and sectors.
What are the conditions for establishing a public non-business unit in the transport sector in Vietnam?
Pursuant to Article 4 of Circular 12/2021/TT-BGTVT stipulating conditions for the establishment of public non-business units in the transport sector as follows:
- General conditions:
+ Meet the conditions for establishing a public non-business unit specified at Points a, c, d, dd, e Clause 1 Article 5 of Decree 120/2020/ND-CP.
+ Not on the list of industries or fields to convert public non-business units into joint stock companies according to the decisions of competent agencies or persons.
- In addition to the general conditions as above, the establishment of public non-business units in the transport sector must also meet the criteria and conditions prescribed by specialized laws.
- Conditions for establishment of other public non-business units in the transport sectors but under the state management of other ministries and sectors shall comply with the provisions of relevant laws and of such ministries and sectors.
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