Conditions for establishing a public service unit in the judicial sector in Vietnam

Conditions for establishing a public service unit in the judicial sector in Vietnam (Internet image)

Circular 07/2022/TT-BTP issued by the Minister of Justice on November 1, 2022 on classification criteria and conditions for the establishment, merger, consolidation, and dissolution of public service units in the judicial sector and field.

Circular 07/2022/TT-BTP

Conditions for establishing a public service unit in the judicial sector are prescribed as follows:

The establishment of public service units in the justice industry and field must meet the conditions prescribed in Points a, c, d, dd, Clause 1, Article 5 of Decree 120/2020/ND-CP, specifically:

1. Conditions for establishing a public service unit of the public service unit in the judicial sector

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

- Meet 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 regular expenditures and public service units that self-guarantee regular expenditures and investment expenditures, when establishing these units:

The minimum number of people working as public employees is determined according to the Establishment Plan.

For public service units that cover their own recurrent and investment expenditures and operate under an enterprise mechanism, the minimum number of employees includes:

Officials and professional workers according to 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 the 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 of 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.

In addition to the general conditions specified in Section 1, the establishment of public service units in the judicial sector and field must also meet other conditions as prescribed by relevant laws.

2. Criteria for classifying public service units in the judicial sector

2.1. Criteria for classification according to functions and tasks

Pursuant to Article 4 of Circular 07/2022/TT-BTP regulating criteria for classification according to functions and tasks as follows:

- Public service units serving state management

+ Public service unit performing research functions to serve strategic planning and building and perfecting institutions and policies in the justice sector and field;

+ Public service units performing the functions of building, managing, exploiting information, and providing legal support;

+ Public service units perform other functions serving state management in the judicial sector and field.

- Public service units providing public services

+ Public service units providing public services using the state budget or basic and essential public services in the judicial sector or field according to the list approved by competent authorities;

+ Public service units providing other public services in the judicial sector and field.

- A public service unit serving state management and providing public services is a unit that performs one or more functions and tasks specified in Clause 1 and one or more functions and tasks prescribed in Clause 2, Article 4 of Circular 07/2022/TT-BTP.

The determination of the type of public service unit in this Clause is based on the functions and tasks of the public service unit approved by the competent authority.

2.2. Classification criteria according to established competent authority

According to Article 5 of Circular 07/2022/TT-BTP, regulations on classification according to established competent authority are as follows:

- Public service units are established under the authority of the Government

- Public service units are established under the authority of the Minister of Justice.

- Public service units are established under the authority of the People's Committees of provinces and centrally run cities.

- Public service units established by other entities according to the provisions of law.

3.3. Classified by level of financial autonomy

Pursuant to Article 6 of Circular 07/2022/TT-BTP regulating classification according to the level of financial autonomy:

- Being classified according to the level of financial autonomy of public service units

+ Public service units cover their own recurrent and investment expenditures;

+ Public service units cover their own regular expenses;

+ Public service units self-guarantee part of their regular expenses;

+ Public service units whose regular expenses are guaranteed by the state budget.

- Determining the level of financial autonomy of public service units in the industry and justice sector in Clause 2, Article 6 of Circular 07/2022/TT-BTP is carried out in accordance with the provisions of the Government's Decree on the financial autonomy mechanism of public service units.

More details can be found in Circular 07/2022/TT-BTP, taking effect on December 19, 2022.

Ngoc Nhi

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