The issuance of the Circular guiding on the management board in the field of planning, investment, and statistics in Vietnam
What are regulations on guidance of the Circular 12/2023/TT-BKHĐT on the management board in the field of planning, investment, and statistics in Vietnam? - Mr. Hoi (Ha Noi)
The issuance of the Circular guiding on the management board in the field of planning, investment, and statistics in Vietnam
On December 1, 2023, the Minister of Planning and Investment issued a circular guiding on the Board of Management and the criteria and conditions for the appointment and dismissal of members of the Board of Management in public service units in the field of planning, investment, and statistics.
Article 10 of Circular 12/2023/TT-BKHĐT (effective from January 19, 2024) stipulates that the Board of Management shall have from 5 to 11 members, depending on the specific features of each unit, including the Chairman of the Board of Management and the members of the Board of Management (Secretary of the Board of Management, members of the Board of Management; depending on the requirements of the tasks, the Board of Management may have a Vice Chairman of the Board of Management).
The term of office of a member of the Board of Management shall not exceed 5 (five) years.
- Structure of members of the Board of Management:
+ The Chairman of the Board of Management shall be a representative of the leadership of the public service unit or a representative of the higher-level management agency of the public service unit (a representative of the ministry, agency, and organization for units belonging to the ministry, agency, and organization; a representative of the provincial People's Committee for units belonging to the provincial People's Committee; a representative of the leadership of the Department, Division, Unit for units belonging to the Department, Division, Unit) or a representative of the higher-level management agency (if any) shall be considered and decided by the competent authority.
+ A representative of the higher-level and direct management agency of the public service unit (in case the Chairman of the Board of Management is a representative of the leadership of the public service unit) or a representative of the leadership of the public service unit (in case the Chairman of the Board of Management is a representative of the higher-level management agency, direct management).
+ Secretary of the Board of Management.
+ A representative of the party committee, chairman of the trade union, secretary of the youth union, leaders of the directly affiliated departments (if any). In case there are no directly affiliated organizations, a representative of the civil servants of the public service unit shall be sent to the Board of Management.
+ A representative of organizations with related interests (if any).
- The specific number, structure, and composition of members of the Board of Management shall be decided by the head of the competent authority that approves the Autonomy Project of the public service unit.
What are conditions for the appointment of members of the Board of Management in the field of planning, investment, and statistics in Vietnam?
Pursuant to Article 14 of Circular 12/2023/TT-BKHĐT (effective from January 19, 2024) stipulating conditions for the appointment of members of the Board of Management in the field of planning, investment, and statistics in Vietnam as follows:
- Have good political and moral qualities, a good lifestyle, and a strong sense of discipline.
- Have good health to complete the tasks and responsibilities assigned.
- Have a university degree or higher.
- Have at least 1 (one) term of 5 (five) years of working experience for civil servants.
- Are not in the process of implementing a disciplinary decision or being considered for disciplinary action in accordance with the law.
- Are not the spouse, parent, child, sibling of the head, deputy head, or accountant of the public service unit.
The issuance of the Circular guiding on the management board in the field of planning, investment, and statistics in Vietnam - Source: Internet
07 cases for the dismissal of members of the Board of Management in the field of planning, investment, and statistics in Vietnam
Clause 1 Article 17 of Circular 12/2023/TT-BKHĐT (effective from January 19, 2024) stipulates that there are seven cases for the dismissal of members of the Board of Management in the field of planning, investment, and statistics, including:
1. A written request from the individual to withdraw from the Board of Management.
2. A restriction on civil capacity.
3. Not being able to perform the assigned tasks due to health reasons, having had to take leave from work for illness for more than 6 months and the ability to work has not yet recovered.
4. Convicted by the Court by a valid legal judgment.
5. More than 50% of the total number of members of the Board of Management recommend in writing to dismiss.
6. Other violations prescribed in the regulations on the organization and operation of the public service unit, the regulations on the operation of the Board of Management.
7. Transferred to work or retired, resigned.
Who shall assign members of the Board of Management in the field of planning, investment, and statistics in Vietnam?
Article 15 of Circular 12/2023/TT-BKHĐT (effective from January 19, 2024) stipulates the authority to appoint members of the Board of Management as follows:
Appointment authority of members of the Board of Management
1. The Chairman of the Board of Management shall be selected and appointed by the head of the competent authority that approves the Autonomy Project of the public service unit.
2. The Vice Chairman of the Board of Management (if any), the Secretary of the Board of Management, and the other members of the Board of Management shall be appointed by the head of the competent authority that approves the Autonomy Project of the public service unit.
As regulations above, the entities who shall assign members of the Board of Management in the field of planning, investment, and statistics in Vietnam are:
- The Chairman of the Board of Management shall be selected and appointed by the head of the competent authority that approves the Autonomy Project of the public service unit.
- The Vice Chairman of the Board of Management (if any), the Secretary of the Board of Management, and the other members of the Board of Management shall be appointed by the head of the competent authority that approves the Autonomy Project of the public service unit.
