What are details of Circular 11/2024/TT-BKHDT on classification criteria for public service providers by the level of financial autonomy in Vietnam?
What is a public service provider under the law in Vietnam?
Clause 1 Article 9 of the Law on Public Employees 2010 stipulates that a public service provider is an organization established by a competent state agency, political organization, or socio-political organization as per the law, possessing legal status, providing public services, and serving state management.
What are details of Circular 11/2024/TT-BKHDT on classification criteria for public service providers by the level of financial autonomy in Vietnam? (Image from the Internet)
What are details of Circular 11/2024/TT-BKHDT stipulating new regulations on public service providers in Vietnam in the fields of planning, investment, and statistics in 2024?
On June 24, 2024, the Minister of Planning and Investment issued Circular 11/2024/TT-BKHDT, stipulating criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service providers in the fields of planning, investment, and statistics in Vietnam.
The scope of Circular 11/2024/TT-BKHDT is as follows:
Circular 11/2024/TT-BKHDT sets forth criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service providers within the sectors of planning, investment, and statistics.
Circular 11/2024/TT-BKHDT applies to the following entities:
- Public service providers established by competent authorities according to the law, actively engaged in public service activities within the sectors of planning, investment, and statistics.
- Agencies, organizations, and individuals involved in the classification, establishment, merger, consolidation, and dissolution of public service providers within the sectors of planning, investment, and statistics.
Circular 11/2024/TT-BKHDT takes effect from August 10, 2024.
What are criteria for classifying public service providers by financial autonomy level in Vietnam according to Circular 11/2024/TT-BKHDT?
According to Article 4 of Circular 11/2024/TT-BKHDT, the criteria for classifying public service providers based on financial autonomy level are as follows:
- Public service providers that are self-sufficient in covering both recurrent and investment expenditures.- Public service providers that are self-sufficient in covering recurrent expenditures.- Public service providers partially covering their own recurrent expenditures, including:
+ Public service providers covering from 70% to less than 100% of recurrent expenditures.+ Public service providers covering from 30% to less than 70% of recurrent expenditures.+ Public service providers covering from 10% to less than 30% of recurrent expenditures.
- Public service providers whose recurrent expenditures are covered by the State Budget.
The determination of the financial autonomy level of public service providers stipulated in this Article follows the regulations of the Government of Vietnam on the financial autonomy mechanism of public service providers.
What are criteria for classifying public service providers by function and tasks in Vietnam?
According to Article 3 of Circular 11/2024/TT-BKHDT, the criteria for classifying public service providers based on function and tasks are as follows:
- Public service providers serving state management:
+ Public service providers fulfilling the function of research for drafting legal normative documents, perfecting institutions, planning, plans, strategies, policies, standards, regulations, and technical-economic norms within the fields of planning, investment, and statistics.
+ Public service providers managing, operating, exploiting, and developing information systems serving state management in the fields of planning, investment, and statistics.
+ Public service providers supporting and serving inspections, monitoring, and quality control of specialized services in the fields of planning, investment, and statistics.
+ Public service providers performing other functions and tasks serving state management within the fields of planning, investment, and statistics.
- Public service providers providing public services within the fields of planning, investment, and statistics according to a list approved by competent authorities.- Public service providers serving both state management and providing public services within the fields of planning, investment, and statistics, performing one or more functions and tasks specified in Clause 1 and one or more functions and tasks specified in Clause 2, Article 3 of Circular 11/2024/TT-BKHDT.
The determination of the type of public service provider stipulated in Article 3 of Circular 11/2024/TT-BKHDT is decided by the competent authority that established it.
What are the conditions for establishing a public service provider in Vietnam?
According to Article 5 of Circular 11/2024/TT-BKHDT, the conditions for establishing a public service provider 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, dd of Clause 1, Article 5 of Decree 120/2020/ND-CP on the establishment, reorganization, and dissolution of public service providers.
- Besides the general conditions stipulated in Clause 1, 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 relevant legal provisions.
What are the conditions for merging or consolidating public service providers in Vietnam?
According to Article 6 of Circular 11/2024/TT-BKHDT, the conditions for merging or consolidating public service providers are as follows:
- Merging or consolidating public service providers in the fields of planning, investment, and statistics is done when the conditions stipulated in points a, b, c of Clause 2, Article 5 of Decree 120/2020/ND-CP are met.
- Public service providers formed after mergers or consolidations must meet the establishment conditions stipulated in Article 5 of Circular 11/2024/TT-BKHDT and relevant legal provisions.
