Standards and conditions for appointing members of the Management Council in public service units in transport sector in Vietnam (latest)

Standards and conditions for appointing members of the Management Council in public service units in transport sector in Vietnam (latest)
Trần Thanh Rin

What are the standards and conditions for appointing members of the Management Council in public service units in transport sector in Vietnam? – Thien Vu (Ninh Thuan)

Standards and conditions for appointing members of the Management Council in public service units in transport sector in Vietnam (latest)
Standards and conditions for appointing members of the Management Council in public service units in transport sector in Vietnam (latest) (Internet image)

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

On September 15, 2023, the Minister of Transport issued Circular 24/2023/TT-BGTVT on guidance on the Management Council and standards and conditions for appointment and dismissal of Management Council members in public service units in the transport industry and field.

Standards and conditions for appointing members of the Management Council in Vietnam

Specifically, Article 9 of Circular 24/2023/TT-BGTVT regulates the standards and conditions for appointing members of the Management Council in public service units in the transport industry and field as follows:

(1) Members of the Management Board must meet the following standards and conditions:

- Be a civil servant or public employee and be old enough to have worked for at least one term;

- Have good political and moral qualities; be healthy enough to undertake the job;

- Not while serving the disciplinary decision or while being considered for disciplinary action according to the provisions of the law;

- Have a university degree or higher in accordance with the mission requirements of the public service unit;

- Not being the spouse, father, mother, child, sibling of the head, deputy head, or chief accountant of the public service unit.

(2) The Chairman of the Management Board must meet the standards and conditions specified in (1), at the same time, they must meet the standards of heads of public service units according to the provisions of law and regulations of competent authorities.

Currently according to Circular 05/2018/TT-BGTVT, the standards of the Chairman and members of the Management Council in public service units in the transport industry and field are prescribed as follows:

- Members of the Management Board must meet the following standards:

+ Be a civil servant or public employee and be old enough to work for at least one full term;

+ Have good political and moral qualities; be healthy enough to undertake the job;

+ Not during disciplinary action;

+ Have a university degree or higher;

+ Have experience in professional or management work;

+ Not a spouse, biological father, adoptive father, biological mother, adoptive mother, biological child, adopted child, biological brother, biological sister, biological brother, brother-in-law, sister-in-law of the head, the head's deputy, and the chief accountant of a public service unit;

+ Other standards and conditions as prescribed by the competent authority deciding to appoint the Chairman and members of the Management Council.

- The Chairman of the Management Board must meet the standards prescribed above and the standards of the head of a public service unit.

Organizational structure of the Management Council from November 15, 2023 in Vietnam

From November 15, 2023, the organizational structure of the Management Council in public service units in the transportation industry and field is as follows:

(1) The Management Council has from 5 to 11 members, including the Chairman, Secretary and other members. The term of office of the Chairman, Secretary, and other members of the Management Council shall not exceed 05 (five) years.

(2) Composition of the Management Board

- The Chairman of the Management Council is the leadership representative of the public service unit or the representative of the immediate superior management agency of the public service unit or representative of the superior agency of the immediate superior management agency; The Chairman of the Management Board is not also the head of a public service unit;

- Representative of the superior management agency and the immediate superior of the public service unit (in case the Chairman of the Council is the leadership representative of the public service unit) or representative of the leader of a public service unit (in case the Chairman of the Council is a representative of the superior management agency or the immediate superior);

- 01 representative of the Party Committee (excluding Party Committee members who are Chairman, Vice Chairman, Secretary of the Management Council), Trade Union Chairman, Youth Union Secretary of the public service unit;

- Representatives of leaders of a number of departments and divisions of public service units (if any). In the event that there is no affiliated organization, a representative of an employee of a public service unit shall be appointed to participate in the Management Council;

- Secretary of the Council.

(3) The number, structure, and specific composition of members of the Management Council are decided by the authority competent to establish the Management Council.

(Article 4 of Circular 24/2023/TT-BGTVT)

Circular 24/2023/TT-BGTVT takes effect on November 15, 2023, and replaces Circular 05/2018/TT-BGTVT.

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