10 public non-business units under the Ministry of Natural Resources and Environment in Vietnam

10 public non-business units under the Ministry of Natural Resources and Environment in Vietnam (Internet image) 

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

On August 7, 2023, the Prime Minister of Vietnam  issued Decision 936/QD-TTg on the list of public non-business units under the Ministry of Natural Resources and Environment.

1. 10 public non-business units under the Ministry of Natural Resources and Environment in Vietnam

From August 7, 2023, the Ministry of Natural Resources and Environment will have 10 public non-business units as follows:

(1) Institute of Geosciences and Minerals.

(2) Institute of Geodesy and Cartography.

(3) Institute of Environmental Science, Sea, and Islands.

(4) Institute of Meteorology, Hydrology, and Climate Change.

(5) Institute of Water Resources Science.

(6) Hanoi University of Natural Resources and Environment.

(7) Ho Chi Minh City University of Natural Resources and Environment.

(8) Resource and Environment Communication Center.

(9) Nursing and Rehabilitation Center.

(10) Construction Investment Project Management Board.

Decision 936/QD-TTg takes effect from the date of signing and promulgation; replacing Decision 1899/QD-TTg dated November 28, 2017 of the Prime Minister on the list of public non-business units under the Ministry of Natural Resources and Environment.

2. Conditions for establishing public non-business units in Vietnam

Specifically, Clause 1, Article 5 of Decree 120/2020/ND-CP stipulates the conditions for establishing public non-business units in Vietnam as follows:

(i) In accordance with the national sector planning or the network planning of public non-business units (if any) approved by the competent authority;

(ii) Satisfying the criteria for establishing a public non-business unit in accordance with specialized laws;

(iii) Clearly defining the objectives, functions, and tasks of the public non-business service provider, serving state management;

(iv) Ensuring the minimum number of employees is 15 (except for public non-business units providing basic and essential public non-business services established in accordance with specialized laws).

For public non-business units that self-finance recurrent expenditures, public non-business units that self-finance recurrent and investment expenditures, upon the establishment of these units, the minimum number of people working as public employees is determined according to the establishment scheme.

For non-business units that cover their own recurrent and investment expenses, operating under the enterprise mechanism,
the minimum number of employees, including public employees and professionals under the labor contract regime.

For overseas public non-business units, the number of employees shall be approved by the Prime Minister in the Scheme on establishment of public non-business units.

(v) Having a working office or a project on land allocation for construction of a working office approved by a competent authority (in case of building a new office); initial necessary equipment; human resources; and operating funds as prescribed by law.

(vi) Overseas public non-business units: In addition to meeting the conditions specified in (i), (ii), (iii), (iv), (v),
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 non-business units.

3. Which agencies or organizations have the authority to appraise the establishment of public non-business units in Vietnam?

Agencies and organizations that appraise the establishment of public non-business units are prescribed as follows:

- The Ministry of Home Affairs shall appraise public non-business units under the decision-making competence of the Government and the Prime Minister;

- Department (Department) to organize cadres of ministries, ministerial-level agencies, government-attached agencies, and organizations owned by the Government, the Prime Minister, which is not a public non-business unit, shall appraise public non-business units under the decision-making competence of ministers or heads of agencies attached to the Government; the head of an organization established by the Government or the Prime Minister that is not a public non-business unit;

- Specialized agencies that advise on state management in the field of organizational apparatus under the provincial People's Committees shall appraise public non-business units under the decision competence of the provincial People's Committees;

- Specialized agencies that advise the state management in the field of organizational apparatus under the district-level People's Committees to appraise public non-business units under the decision-making competence of the district-level People's Committees;

- For public non-business units that have specialized laws on operating criteria and conditions, the agency appraising these criteria and operating conditions shall be prescribed by specialized laws.

(Clause 1, Article 13 of Decree 120/2020/ND-CP)

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