Guidance on procedures for establishing the Management Council in public service providers in Vietnam

Guidance on procedures for establishing the Management Council in public service providers in Vietnam (Illustration)

According to Decree 120/2020/ND-CP, the process of establishing the Management Council in Public Service Providers in Vietnam is carried out as follows:

1. Conditions for establishing the Management Council in Public Service Providers in Vietnam

Public service providers that are assigned capital and assets by the State to provide public services in accordance with the law.

2. Procedures for establishing the Management Council in Public Service Providers in Vietnam

- The public service provider that meets the conditions should prepare a dossier and submit it to the competent state agency for review and decision on the establishment of the Management Council.

The application dossier includes:

- A written request for the establishment of the Management Council;- A scheme for the establishment of the Management Council;- A draft Operational Regulation for the Management Council;- Relevant documents proving the conditions as prescribed in Clause 2 of this Article;- Written opinions from relevant agencies on the establishment of the Management Council;- Other related documents (if any);

- Appraisal agency or organization: The Organization and Personnel Department or the Personnel Organization Committee shall appraise the establishment of the Management Council in the public service provider under the management of ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam or the Prime Minister of Vietnam, which are not public service providers; the specialized agencies advising and state management of the organizational structure under the Provincial People's Committees shall appraise the establishment of the Management Council in public service providers under the management of the Provincial People's Committees;

- Based on the regulations on principles, conditions for establishment, the proposal document, and the appraisal document, the competent state agency specified in Clause 7 of this Article shall review and decide on the establishment of the Management Council.

3. Authority to decide on the establishment of the Management Council in Public Service Providers in Vietnam

Authority to decide on the establishment of the Management Council in public service providers and approve the Operational Regulation of the Management Council in public service providers:

- Ministers, heads of ministerial-level agencies, heads of agencies under the Government of Vietnam, and leaders of organizations established by the Government of Vietnam or the Prime Minister of Vietnam, which are not public service providers, shall decide on the establishment and approval of the Operational Regulation of the Management Council in public service providers under the management of ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam, or the Prime Minister of Vietnam, which are not public service providers;

- The Provincial People's Committees shall decide on the establishment and approval of the Operational Regulation of the Management Council in public service providers under the management of the Provincial People's Committees.

More details can be found in Decree 120/2020/ND-CP, which comes into force in Vietnam from December 1, 2020.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE