Conditions for the establishment, merger and dissolution of public service provider in the culture and tourism industry in Vietnam

The Ministry of Culture; Sports and Tourism of Vietnam has promulgated Circular 14/2021/TT-BVHTTDL stipulating classification criteria, conditions for establishment, merger, consolidation and dissolution of public service provider in the fields of culture, family, sports and tourism (effective from February 1, 2022).

 

Conditions for the establishment, merger and dissolution of public service provider in the culture and tourism industry (Illustration image)

Establishment conditions

Public service providers in the fields of culture, family, sports and tourism, not only meet the following conditions for establishment, also meet the criteria prescribed by specialized laws on culture and family, sports and tourism (if any):

- Conform to the national sectoral master plan or the network of public service providers (if any) approved by the competent authority;

- Clearly define the objectives, functions and tasks of the public service provider, serving the state management;

- Ensure the minimum number of employees is 15 (except for public employees providing basic and essential public non-business services).

+ For self-financed public providers expense regularly and self-financed public providers recurrent and investment expenditures, upon the establishment of these units, the minimum number of employees working as public employees is determined according to the Proposal. establishment project.

+ For foreign employees who self-finance their own recurrent and investment expenses, operating under the enterprise mechanism, the minimum number of employees shall include public employees and professionals under the labor contract regime. .

+ For public employees in foreign countries, the number of employees shall be approved by the Prime Minister in the Scheme on establishment of public service providers.

- Having a working office or a land allocation scheme for the construction of a working office already approved by a competent authority (in case of construction of a new office); initial necessary equipment; human resources and operating expenses according to regulations.

Merger conditions

A public service provider in the fields of culture, family, sports and tourism may be merged when the conditions for establishment of a public service provider mentioned above are not satisfied.

According that, public employees in the fields of culture, family, sports and tourism will be merged when fully meeting the following conditions:

- Satisfy the conditions for establishing a public service provider mentioned above.

- Having functions, duties, powers or has been adjusted in terms of functions, tasks and powers to be consistent with the national sector planning or the approved network of public service providers (if any) approved by competent authorities;

Ensure to improve operational efficiency and meet the regulations on the minimum number of employees as regulated; suitable to the functions and tasks of the merged entity or whose fields of cultural, family, sports and tourism activities are similar to that of the merged entity.

- Capable of receiving all or part of the human resources, assets, rights, obligations and legitimate interests of the merged entity.

- Having a plan to continue operating with functions and tasks after arranging and consolidating the quality and efficiency assurance unit approved by a competent authority.

In addition, post-merger public service providers need to ensure the following level of financial autonomy:

- In case of merger of units with the same level of financial autonomy: The post-merger public service provider must ensure that the level of financial autonomy is not lower than the financial autonomy level of the merged entity of commencement of the merger.

- In case of merger, the financial autonomy of the public service provider is different: the degree of financial autonomy of the public service provider after the merger shall be implemented according to the decision of the competent authority.

Dissolution conditions

Dissolution of public employees in the fields of culture, family, sports and tourism shall be carried out when one of the following conditions is met:

– Public employees no longer have the function and task of providing public non-business services, serving the state management in the fields of culture, family, sports and tourism.

- Failing to meet the conditions for establishing a public service provider in the fields of culture, family, sports and tourism as prescribed.

- Public service providers have been inefficient for three consecutive years as assessed by competent authorities.

Note: For public employees in the field of culture, family, sports and tourism abroad, in addition to meeting one of the conditions mentioned above, it is necessary to ensure compliance with the foreign policy of the country, the Party, State and agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the dissolution of public employees.

Bao Ngoc

 

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