Latest regulations on 05 public non-business units under the Ministry of Justice of Vietnam

Latest regulations on 05 public non-business units under the Ministry of Justice of Vietnam (Internet image) 

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

On July 4, 2023, the Prime Minister of Vietnam issued Decision 792/QD-TTg promulgating a list of public non-business units under the Ministry of Justice.

1. Latest regulations on 05 public non-business units under the Ministry of Justice of Vietnam

Specifically, Decision 792/QD-TTg stipulates that public non-business units under the Ministry of Justice of Vietnam include:

(1) Hanoi Law University.

(2) Judicial Publishing House.

(3) Northern Law College.

(4) Central Law College.

(5) Southern Law College.

(Compared to before in Decision 1902/QD-TTg in 2017, the number of public non-business units under the Ministry of Justice has decreased, and affiliated units have also changed.

Specifically, public non-business units directly under the Ministry of Justice in Decision 1902/QD-TTg in 2017 include:

- Hanoi Law University.

- Judicial Publishing House.

- Buon Ma Thuot Law School.

- Vi Thanh Law School.

- Thai Nguyen Law School.

- Dong Hoi Law School.

- Northwestern Law School.)

2. Conditions for establishing public non-business units in Vietnam

According to Clause 1, Article 5 of Decree 120/2020/ND-CP, the conditions for establishing a public non-business unit are as follows:

(i) In accordance with the national sector planning or the network planning of public non-business units (if any) approved by the competent authority;

(ii) Satisfying the criteria for establishing a public non-business unit in accordance with specialized laws;

(iii) Clearly defining the objectives, functions, and tasks of the public non-business service provider, serving state management;

(iv) Ensuring the minimum number of employees is 15 (except for public non-business units providing basic and essential public non-business services established in accordance with specialized laws).

For public non-business units that self-finance recurrent and investment expenditures, upon the establishment of these units, the minimum number of people working as public employees shall be determined according to the establishment scheme.

For non-business units that cover their own recurrent and investment expenses and operate under the enterprise mechanism, the minimum number of people working includes public employees and professionals under the labor contract regime.

For overseas public non-business units, the number of employees shall be approved by the Prime Minister in the Scheme on establishment of public non-business units.

(v) Having a working office or a project on land allocation for construction of a working office approved by a competent authority (in case of building a new office); initial necessary equipment; human resources; and operating funds as prescribed by law.

(vi) Overseas public non-business units: In addition to meeting the conditions specified in (i), (ii), (iii), (iv) and (v), 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 non-business units.

3. Which agencies or organizations appraise the establishment of public non-business units in Vietnam?

Agencies and organizations appraising the establishment of public non-business units are specified in Clause 1, Article 13 of Decree 120/2020/ND-CP, specifically as follows:

- The Ministry of Home Affairs shall appraise public non-business units under the decision-making competence of the Government and the Prime Minister;

- Department (Department) on organization and staff of ministries, ministerial-level agencies, government-attached agencies, and organizations established by the Government or the Prime Minister that are not appraised by public non-business units.
for public non-business units falling under the decision-making competence of ministers or heads of agencies attached to the Government; the head of an organization established by the Government or the Prime Minister that is not a public non-business unit;

- Specialized agencies that advise on state management in the field of organizational apparatus under the provincial People's Committees shall appraise public non-business units under the decision competence of the provincial People's Committees;

- Specialized agencies that advise the state management in the field of organizational apparatus under the district-level People's Committees to appraise public non-business units under the decision-making competence of the district-level People's Committees;

- For public non-business units that have specialized laws on operating criteria and conditions, the agency appraising these criteria and operating conditions shall be prescribed by specialized laws.

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