Criteria for Classification of public service providers in labor sector in Vietnam from September 15, 2024

Criteria for Classification of public service providers in labor sector in Vietnam from September 15, 2024 (Image from Internet)

On July 31, 2024, the Minister of Labor, Invalids and Social Affairs of Vietnam issued Circular 08/2024/TT-BLDTBXH stipulating specific criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service providers under the sector and field of labor, meritorious persons, and social affairs in Vietnam.

Criteria for Classification of public service providers in labor sector in Vietnam from September 15, 2024 

The classification of public service providers in the labor sector in Vietnam from September 15, 2024, will be based on the criteria of function, mission; authority for establishment, and financial autonomy level.

To be specific:

(1) Classification by function and mission

- Public service units serving state management:

+ Public service units performing research functions to serve strategy planning and policy establishment, improvement in labor sector, meritorious persons, and social affairs;

+ Public service units carrying out the function of propagating the guidelines, policies of the Communist Party, laws of the State, and information about the labor sector, meritorious persons, and social affairs;

+ Public service units performing other functions serving state management in the labor sector, meritorious persons, and social affairs.

- Public service units providing public services:

+ Public service units providing public services funded by the state budget in the labor sector, meritorious persons, and social affairs according to the list approved by the competent authority;

+ Public service units providing other public services in the labor sector, meritorious persons, and social affairs.

- Public service units serving both state management and providing public services are units performing one or more functions, missions stipulated in Clause 1 and one or more functions, missions stipulated in Clause 2, Article 4 of Circular 08/2024/TT-BLDTBXH.

The classification of public service providers in this clause is based on the functions and missions of the public service provider approved by the competent authority.

(Article 4 Circular 08/2024/TT-BLDTBXH)

(2) Classification by the competent authority for establishment

- Public service units established by the authority of the Government of Vietnam, the Prime Minister of the Government of Vietnam.

- Public service units established by the authority of Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government of Vietnam, heads of agencies established by the Government of Vietnam or the Prime Minister that are not public service providers.

- Public service units established by the authority of the People's Committees of provinces and centrally governed cities.

- Public service units established by the decision of other authorities according to the law and the delegation of the competent authorities.

(Article 5 Circular 08/2024/TT-BLDTBXH)

(3) Classification by financial autonomy level

- Classification by the financial autonomy level of public service units, includes:

+ Public service units fully ensuring recurrent and investment expenditures;

+ Public service units fully ensuring recurrent expenditures;

+ Public service units partially covering their own recurrent expenditures;

+ Public service units with recurrent expenditures ensured by the state.

- The determination of the financial autonomy level of public service providers in the labor sector, meritorious persons, and social affairs in Clause 1, Article 6 of Circular 08/2024/TT-BLDTBXH is performed according to the provisions of the Decree of the Government of Vietnam and relevant documents stipulating the financial autonomy mechanism for public service providers.

(Article 6 Circular 08/2024/TT-BLDTBXH)

More details can be found in Circular 08/2024/TT-BLDTBXH which comes into force in Vietnam from September 15, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE