Conditions for establishing public service units in the Agriculture and Rural Development sector in Vietnam

Conditions for establishing public service units in the Agriculture and Rural Development sector in Vietnam (Internet image)

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

On October 2, 2023, the Minister of Agriculture and Rural Development (MARD) issued Circular 08/2023/TT-BNNPTNT on criteria for classification and conditions for establishment, merger, consolidation, and dissolution of public service units in the agricultural and rural development sectors and industries.

Conditions for establishing public service units in the Agriculture and Rural Development sector in Vietnam

Specifically, the establishment of public service units in the field of agriculture and rural development meets the conditions specified in Clause 1, Article 5 of Decree 120/2020/ND-CP, and other conditions as prescribed by relevant laws.

According to Clause 1, Article 5 of Decree 120/2020/ND-CP, conditions for establishing public service units include:

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

(ii) Meet the criteria for establishing a public service unit according to the provisions of specialized laws;

(iii) Clearly define the goals, functions, and tasks of the public service provider to serve state management;

(iv) 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.

(v) Have an office or a land allocation project to build a head 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.

(vi) Public service units abroad: In addition to meeting the conditions specified in (i), (ii), (iii), (iv), and (vi), 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.

(Article 5 of Circular 08/2023/TT-BNNPTNT)

Conditions for dissolution of public service units in the Agriculture and Rural Development sector

Specifically, Article 7 of Circular 08/2023/TT-BNNPTNT stipulates the conditions for dissolution of public service units in the Agriculture and Rural Development sector as follows:

- The dissolution of public service units is carried out according to the provisions of Clause 3, Article 5 of Decree 120/2020/ND-CP, and relevant legal regulations.

(i) No longer having the function and task of providing public services and state management;

(ii) not meeting the criteria for establishing a public service unit according to the provisions of the law;

(iii) Three consecutive years of ineffective operations as assessed by competent authorities;

(iv) Implementing according to the national sector planning or network planning of public service units (if any) approved by competent authorities;

(v) Public service units abroad: In addition to meeting one of the conditions specified in (i), (ii), (iii), (iv), 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 dissolution of public service units.

- Public service units can only be dissolved after completing financial obligations, assets, land, loans, liabilities, and other related obligations and being confirmed in writing by a competent agency or organization.

More details can be found in Circular 08/2023/TT-BNNPTNT, taking effect on November 20, 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE