Ho Chi Minh City University of Banking is a public service unit under the State Bank of Vietnam

Ho Chi Minh City University of Banking is a public service unit under the State Bank of Vietnam (Internet image)

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

HCMC University of Banking is a public service unit under the State Bank of Vietnam

On October 2, 2023, the Prime Minister issued Decision 1138/QD-TTg on List of public service units directly under the State Bank of Vietnam.

The public service unit under the State Bank of Vietnam, under the decision-making authority of the Prime Minister, is HCMC University of Banking

In addition, the Governor of the State Bank is responsible for issuing decisions regulating the functions, tasks, powers, and organizational structure of HCMC University of Banking

Decision 1138/QD-TTg takes effect from the date of signing and replaces Decision 1235/QD-TTg dated August 18, 2017 of the Prime Minister promulgating the list of public service units directly under the State Bank of Vietnam.

Regulations on conditions for establishing public service units in Vietnam

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

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

(ii) Meets 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 that 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 case of building a new head office); Necessary initial equipment; Human resources and operating funds according to the provisions of law.

(vi) Public service units abroad: In addition to meeting the conditions specified in (i) to (v), it is necessary to ensure compliance with the foreign policy of the Party and State and 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.

Principles for establishment, reorganization and dissolution of public service units in Vietnam

The establishment, reorganization, and dissolution of public service units must comply with the principles specified in Article 4 of Decree 120/2020/ND-CP as follows:

- The establishment, reorganization and dissolution of public service units must ensure compliance with the conditions, order, procedures and authority specified in this Decree (In case specialized laws have different provisions, the provisions of specialized laws shall comply); A public service unit can provide many public services of the same type.

- Newly established public service units (including public service units belonging to public service units) must ensure their own regular and investment expenditures (except in cases where a new establishment must be established to provide basic and essential public services). Particularly for public service units belonging to public service units that self-guarantee their regular and investment expenditures when newly established (including cases of providing basic and essential public service services), they must self-guarantee regular expenditures and investment expenditures.

- Public service units that do not operate effectively will be reorganized or dissolved. The reorganization of a public service unit must not increase the number of people receiving salaries from the state budget approved by competent authorities, ensuring compliance with regulations on the number of deputies of the unit and downsizing according to regulations.

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