Regulations on the operations of Management Board of public service providers in the labor sector in Vietnam from September 15, 2024

Regulations on the operations of Management Board of public service providers in the labor sector in Vietnam from September 15, 2024 (Internet image)

On July 31, 2024, the Minister of Labor, War Invalids and Social Affairs of Vietnam issued Circular 07/2024/TT-BLD-TBXH concerning the Management Board of public service providers within the labor, meritorious people, and social affairs sectors.

1. Regulations on the operations of Management Board of public service providers in the labor sector in Vietnam from September 15, 2024

Article 11 of Circular 07/2024/TT-BLD-TBXH stipulates the regulations on the operations of Management Board of public service providers in the labor sector from September 15, 2024, as follows:

- The Management Board builds the Regulations on the operations of Management Board and sends them to the appraisal authority under the provisions of point b, clause 6, Article 7 of Decree 120/2020/ND-CP for consideration and submission to the competent authority for the establishment of the Management Board, as stipulated in Article 4 of Circular 07/2024/TT-BLD-TBXH, for review and approval.

- The Regulations on the operations of Management Board include the following key contents:

+ General provisions;

+ Functions, tasks, powers of the Management Board;

+ Quantity, structure, tenure of the Management Board;

+ Mechanism of operations of Management Board;

+ Functions, powers, tenure of Management Board members; appointment, supplementation, replacement, dismissal, discipline of Management Board members;

+ Relationship between the Management Board and the head of the public service provider and the superior management agency;

+ Other provisions ensuring the operations of Management Board as prescribed by law.

- In case of necessary amendments or supplements to the Regulations on the activities, the Management Board proposes the contents to be amended or supplemented and sends them to the appraisal authority as prescribed in point b, clause 6, Article 7 of Decree 120/2020/ND-CP for submission to the competent authority for the establishment of the Management Board, as stipulated in Article 4 of Circular 07/2024/TT-BLD-TBXH, for review and approval.

2. Principles and Policies of Work for the Management Board of public service providers in the Labor Sector in Vietnam from September 15, 2024

- Working principles of the Management Board

+ The Management Board works on the principle of collectivity and decides by majority; decisions of the Management Board are expressed in the form of resolutions. In case of equal votes of approval and disapproval, the decision will follow the opinion of the Chairman of the Board.

+ The Management Board operates according to the Regulations approved by the competent authority that established the Management Board.

+ Documents of the Management Board use the seal of the public service provider and are stored according to legal provisions.

- Working regime of the Management Board

+ The Chairman of the Management Board is not the head of the public service provider. The working regime of the Chairman of the Management Board is decided by the competent authority established the Management Board based on practical requirements and legal provisions.

+ Representatives of the direct superior management agency of the public service provider (if any) in the Management Board work on a part-time basis. Members of the Management Board who are public employees of the public service provider can work on a full-time or part-time basis, as defined in the establishment Scheme of the Management Board.

- The Management Board organizes meetings according to work requirements and as defined in the Regulations on the operations of Management Board.

Meetings of the Management Board are considered valid when more than two-thirds of the members attend. If necessary, the Chairman of the Management Board may invite representatives of several related agencies and organizations to attend the Management Board meeting to consult. Invited representatives do not have voting rights.

- Resolutions of the Management Board

+ Resolutions of the Management Board are documented, containing opinions and signatures of all attending members or written opinions of all members if a meeting is not held.

+ Resolutions of the Management Board are passed when at least three-quarters of the attending members agree by secret ballot.

+ Resolutions of the Management Board must be sent to all members of the Management Board.

- Operational funding of the Management Board, allowances, and other policies (if any) for the members of the Management Board are accounted for in the operating costs of the public service provider as prescribed by law.

(Article 10 of Circular 07/2024/TT-BLD-TBXH)

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