06 public service units under the Ministry of Information and Communications in Vietnam

06 public service units under the Ministry of Information and Communications in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

06 public service units under the Ministry of Information and Communications in Vietnam

On November 24, 2023, the Ministry of Information and Communications issued Decision 1487/QD-TTg on the list of public service units under the Ministry of Information and Communications, including:

- Vietnam Internet Center.

- National Electronic Authentication Center.

- National Institute of Digital Technology and Digital Transformation (renamed from Vietnam Institute of Software Industry and Digital Content).

- Vietnam Public Telecommunications Service Fund.

- College of Information and Communications.

- Information and Communications Publishing House.

Principles for establishing public service units in Vietnam

Pursuant to Article 4 of Decree 120/2020/ND-CP regulating the principles of establishment, reorganization, and dissolution of public service units, including:

- The establishment, reorganization, and dissolution of public service units must ensure compliance with the conditions, orders, procedures, and authority specified in Decree 120/2020/ND-CP (in case specialized laws have different provisions, the provisions of specialized laws shall comply); A public service unit can provide many public services of the same type.

- Newly established public service units (including public service units belonging to public service units) must ensure their own regular and investment expenditures (except in cases where a new establishment must be established to provide basic and essential public services). Particularly for public service units belonging to public service units that self-guarantee their regular and investment expenditures when newly established (including cases of providing basic and essential public service services), they must self-guarantee regular expenditures and investment expenditures.

- Public service units that do not operate effectively will be reorganized or dissolved. The reorganization of public service units must not increase the number of people receiving salaries from the state budget approved by competent authorities, ensure compliance with regulations on the number of deputies of the unit, and streamline staffing according to regulations.

Conditions for establishing public service units in Vietnam

According to Clause 1, Article 5, Decree 120/2020/ND-CP stipulates the conditions for establishing public service units as follows:

- In accordance with national sector planning or network planning of public service units (if any) approved by competent authorities;

- Meets all criteria for establishing a public service unit according to specialized laws;

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

- Ensure the minimum number of employees is 15 people (except for public service units providing basic and essential public services established according to specialized laws).

For public service units that self-guarantee their regular expenditures, public service units that self-guarantee their regular expenditures and investment expenditures when establishing these units, the minimum number of employees working as public employees is determined according to the Establishment Plan. For public service units, they cover their own regular and investment expenditures and operate under the enterprise mechanism; the minimum number of employees includes officials and professional workers under the labor contract regime.

For public service units abroad, the number of people working is approved by the Prime Minister in the Project to establish the public service unit.

- Have a working office or a land allocation project to build a working office that has been approved by a competent authority (in case of building a new head office); Necessary initial equipment; Human resources and operating funds according to the provisions of the law.

- Public service units abroad: In addition to meeting the conditions specified in Points a, b, c, d, dd, Clause 1, Article 5, Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the establishment and operation of public service units.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE