Procedures for establishment of Management Board in public service providers under the Department of Justice of Vietnam

Procedures for establishment of Management Board in public service providers under the Department of Justice of Vietnam (Image from the internet)

On September 27, 2024, the Ministry of Justice of Vietnam issued Decision 1782/QD-BTP to announce additional internal administrative procedures within the state administrative system under the management scope of the Ministry of Justice of Vietnam.

Procedures for establishment of Management Board in public service providers under the Department of Justice of Vietnam

(1) Implementation Sequence:

Step 1. Obtain the policy from the competent authority regarding the establishment of a Management Board:

- After discussion and agreement within the unit's leadership on the policy to establish a Management Board, the head of the public service provider organizes a joint meeting between the unit's leaders, party committee, and representatives of political-social organizations to discuss the establishment, proposed number, and composition of the Management Board.

- Based on the joint meeting, the head of the public service provider prepares a report proposing the establishment of a Management Board, including the minutes from the joint meeting, to submit to the appraisal agency for submission to the competent authority or person for decision on approving the policy for establishing the Management Board.

- For public service providers with a directly superior management unit, the head of the public service provider sends the report to the directly superior management authority for comments on the necessity, for submission to the appraisal agency to present to the competent authority or person for decision on approving the policy for establishing the Management Board.

Step 2. Propose the establishment of the Management Board after the competent authority approves the policy:

- After receiving the policy approval from the competent authority, the head of the public service provider directs the preparation of the application for establishing the Management Board, organizes a conference of key officials of the unit to comment on the establishment Scheme, draft Operational Regulations, and propose personnel for the unit's Management Board. Personnel participating in the Management Board must meet standards and conditions as prescribed.

- Based on the results of the key officials' conference, the head of the public service provider directs the completion of the application for establishing the Management Board to submit to the appraisal agency for submission to the competent authority or person for decision as prescribed.

- For public service providers with a directly superior management unit, the head of the public service provider sends the application to the directly superior management authority for consideration, to be forwarded to the appraisal agency for submission to the competent authority or person to establish the Management Board for consideration and decision as prescribed.

Step 3. Appraise the application for establishing the Management Board:

The specialized agency advising state management on organizational structure under the Provincial People's Committee appraises the application for establishing the Management Board in the public service provider under the Department of Justice.

Step 4: The public administrative unit or the directly superior unit of the public service provider, based on the appraisal results, completes the application to report to the competent authority or person for consideration and decision to establish the Management Board.

Step 5: Based on the request document for establishment, the appraisal document for establishing the Management Board, the authority or person competent to establish the Management Board shall consider, decide to establish the Management Board and approve the Operational Regulations of the Management Board in the public service provider.

(2) Composition and number of applications:

- Request document for establishing the Management Board of the public service provider; request document for establishing the Management Board of the direct superior management unit of the public service provider (if any); the direct superior level of the public service unit under the Department of Justice owned by the Provincial People's Committee is the Department of Justice.

- Scheme to establish the Management Board.

- Draft Operational Regulations of the Management Board.

- Documents proving the eligibility for establishing the Management Board as prescribed.

- Minutes of the joint meeting and key officials' conference.

- Written feedback from relevant agencies on the establishment of the Management Board.

- Other related documents (if any). Number of requested applications: Not specified.

More details can be found in Decision 1782/QD-BTP which comes into force in Vietnam from September 27, 2024.

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