09:08 | 03/07/2024

Issuance of Circular 11/2024/TT-BKHDT on public service providers in the fields of planning, investment, and statistics in Vietnam

Has the Circular 11/2024/TT-BKHDT on public service providers in the fields of planning, investment, and statistics in Vietnam been issued yet? What are the conditions for establishing a public service provider in Vietnam?

Issuance of Circular 11/2024/TT-BKHDT on public service providers in the fields of planning, investment, and statistics in Vietnam

On June 24, 2024, the Minister of the Ministry of Planning and Investment issued Circular 11/2024/TT-BKHDT, which regulates the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service providers in the fields of planning, investment, and statistics.

The scope of regulation of Circular 11/2024/TT-BKHDT is as follows:

Circular 11/2024/TT-BKHDT sets out the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service providers within the scope of the fields of planning, investment, and statistics.

Circular 11/2024/TT-BKHDT applies to the following subjects:

- Public service providers authorized to be established according to the provisions of the law, with public administrative activities within the scope of the fields of planning, investment, and statistics.

- Relevant agencies, organizations, and individuals involved in the classification, establishment, merger, consolidation, and dissolution of public service providers in the fields of planning, investment, and statistics.

Circular 11/2024/TT-BKHDT shall come into effect from August 10, 2024.

What are criteria for classification of public service providers based on their functions and tasks in Vietnam?

Based on Article 3 of Circular 11/2024/TT-BKHDT, the criteria for classifying public service providers based on their functions and tasks are as follows:

- Public service providers with the function of serving state management:

+ Public service providers perform the function of research to support the development of legislative documents, institutional improvement, planning, strategic planning, regulations, policies, standards, norms, economic-technical norms in the fields of planning, investment, and statistics.

+ Public service providers perform the tasks of building, managing, operating, exploiting, and developing information systems for state management in the fields of planning, investment, and statistics.

+ Public service providers perform the function of support and service for inspection, examination, and quality supervision of specialized services in the fields of planning, investment, and statistics.

+ Public service providers perform other functions and tasks to serve state management in the fields of planning, investment, and statistics.

+ Public service providers provide public administrative services in the fields of planning, investment, and statistics according to the approved list by authorized agencies.

+ Public service providers that both serve state management and provide public administrative services in the fields of planning, investment, and statistics are units that perform one or more functions and tasks specified in paragraph 1 and one or more functions and tasks specified in paragraph 2 of Article 3 of Circular 11/2024/TT-BKHDT.

The determination of the type of public service provider as stipulated in Article 3 of Circular 11/2024/TT-BKHDT is decided by the authority that establishes the unit.

Issuance of Circular 11/2024/TT-BKHDT on public service providers in the fields of planning, investment, and statistics in Vietnam - image from internet

What are the conditions for establishing a public service provider in Vietnam?

Based on Article 5 of Circular 11/2024/TT-BKHDT, the conditions for establishing public service providers are as follows:

- The establishment of public service providers in the fields of planning, investment, and statistics must meet the conditions stipulated in points a, c, d, and dd of paragraph 1 of Article 5 of Decree 120/2020/ND-CP regarding the establishment, reorganization, and dissolution of public service providers.

- In addition to the general conditions specified in paragraph 1 of Article 5 of Circular 11/2024/TT-BKHDT, the establishment of public service providers in the fields of planning, investment, and statistics must also meet other conditions as prescribed by relevant laws.

What are the conditions for merging and consolidating public service providers in Vietnam?

Based on Article 6 of Circular 11/2024/TT-BKHDT, the conditions for merging and consolidating public service providers are as follows:

- The merger or consolidation of public service providers in the fields of planning, investment, and statistics is carried out when they meet the conditions specified in points a, b, c of paragraph 2 of Article 5 of Decree 120/2020/ND-CP.

- The public service provider formed after the merger or consolidation must meet all the conditions for establishment specified in Article 5 of Circular 11/2024/TT-BKHĐT and the provisions of relevant laws.

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