Number, structure, term of the Management Council in public service providers in Vietnam from September 15, 2024

Number, structure, term of the Management Council in public service providers in Vietnam from September 15, 2024 (Image from the Internet)

On July 31, 2024, the Minister of Labor, War Invalids and Social Affairs of Vietnam issued Circular 07/2024/TT-BLDTBXH guiding functions, tasks, powers, organizational structure, operational regulations of the Management Council and standards, conditions for appointment, dismissal of members of the Management Council in public service providers in the labor, meritorious people, and social sectors.

Number, structure, term of the Management Council in public service providers in Vietnam from September 15, 2024 

Article 9 of Circular 07/2024/TT-BLDTBXH stipulates the number, structure, term of the Management Council in public service providers in Vietnam as follows:

* Composition of the Management Council

- Representatives of higher management agencies or direct higher management agencies (if any) of the public service provider, including representatives of ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam, the Prime Minister of the Government of Vietnam that are not public service providers, Provincial People's Committees, and direct higher management agencies (if any);

- Representatives of the leadership of the public service provider;

- Officials of the public service provider;

- Representatives of relevant organizations and units.

* Number, Structure of the Management Council

The Management Council shall have from 05 to 11 members; the total number of members must be an odd number, including the Chairman of the Management Council, the Vice-Chairman of the Management Council (if any), the Secretary of the Management Council, and other members.

*  The specific number, structure, and composition of members of the Management Council are decided by the head of the competent authority approving the autonomy scheme of the public service provider according to the provisions of Clause 1 and Clause 2, Article 9 of Circular 07/2024/TT-BLDTBXH ensuring suitability with the actual conditions and specific operational characteristics of the public service provider.

* Term *of members of the Management Council not exceeding 05 (five) years.

Operational regulations of the management council in public service providers in Vietnam

Article 11 of Circular 07/2024/TT-BLDTBXH prescribes the operational regulations of the Management Council in public service providers in Vietnam as follows:

- The Management Council develops the Operational Regulations of the Management Council and submits them to the competent authority for approval in accordance with Point b, Clause 6, Article 7 of Decree 120/2020/ND-CP, and presents them to the authority establishing the Management Council as stipulated in Article 4 of Circular 07/2024/TT-BLDTBXH for approval.

- The Operational Regulations of the Management Council include the following main contents:

+ General regulations;

+ Functions, tasks, powers of the Management Council;

+ Number, structure, term of the Management Council;

+ Operational mechanism of the Management Council;

+ Tasks, powers, term of members of the Management Council; appointment, supplementation, replacement, dismissal, and discipline of members of the Management Council;

+ Relationship between the Management Council and the head of the public service provider and higher management agencies;

+ Other regulations ensuring the operation of the Management Council as per legal provisions.

- In case it is necessary to amend or supplement the Operational Regulations, the Management Council shall propose the necessary amendments or supplements and submit them to the competent authority for approval in accordance with Point b, Clause 6, Article 7 of Decree 120/2020/ND-CP, and present them to the authority establishing the Management Council as stipulated in Article 4 of Circular 07/2024/TT-BLDTBXH for approval.

More details can be found in Circular 07/2024/TT-BLDTBXH, which comes into force in September 15, 2024.

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