Regulations on the establishment of the Management Council in the non-business units of the Judiciary sector in Vietnam

Regulations on the establishment of the Management Council in the non-business units of the Judiciary sector in Vietnam (Internet image)

Circular 04/2022/TT-BTP on guidelines for the Management Board and standards and conditions for appointment and dismissal of members of the Management Board in public non-business units of the Judiciary sector promulgated by the Minister of Justice of Vietnam.

Competence to decide on the establishment of a Management Council in a non-business unit of the Judiciary sector in Vietnam

The Minister of Justice shall decide on the establishment of Management Councils in public non-business units operating in the domains under the Ministry of Justice's management.

Provincial-level People's Committees shall decide on the establishment of Management Councils in public non-business units under the Department of Justice.

Application for the establishment of a Management Council in a non-business unit of the Judiciary sector in Vietnam

1. A written request for the establishment of the Management Council of the public non-business unit; a written request for the establishment of a Management Council of the superior unit directly managing the public non-business unit (if any); the immediate superiors of public non-business units belonging to the department, the general department under the department is the department, the general department under the ministry; the immediate superior of the public unit under the Department of Justice under the provincial-level People's Committee is the Department of Justice;

2. The scheme for the establishment of the Management Council;

3. Draft Regulation on the Operation of the Management Council;

4. Documents evidencing eligibility for the establishment of the Management Board as prescribed;

5. Minutes of joint meetings and key staff meetings;

6. Written opinions of relevant agencies on the establishment of the Management Council;

7. Other relevant papers (if any).

Project on establishing a Management Council in a non-business unit of the Judiciary sector in Vietnam

- The necessity and legal basis for the establishment of the Management Board;

- Position, functions, tasks, and powers of the Management Council;

- Number and structure of members of the Management Board; specific duties of members of the Management Board;

- The proposed personnel plan of the Management Board;

- Proposal of the unit requesting the establishment of the Management Board (if any);

- Other contents as prescribed by specialized law (if any).

The process of establishing a Management Council in a non-business unit of the Judiciary sector in Vietnam

- Request guidelines from competent authorities on the establishment of a Management Board

+ After discussing and agreeing with the leadership of the unit on the policy of establishing the Management Board,
Heads of public non-business units shall hold joint meetings between unit and party committee leaders and representatives of socio-political organizations to discuss the establishment, expected number, and structure of members of the Management Council.

+ On the basis of the joint meeting, the head of the public non-business unit shall make a report proposing the establishment of the Management Council, enclosed with the joint meeting minutes, and send it to the appraisal agency to submit to the competent agency or person for decision as prescribed in Article 4 of Circular 04/2022/TT-BTP for approval of the policy of establishing the Management Council.

For public non-business units directly managed by a superior unit, the head of the public non-business unit shall report to the immediate superior management agency to give opinions on the necessity, send it to the appraising agency, and submit it to the competent agency or person for decision as prescribed in Article 4 of Circular 04/2022/TT-BTP for approval on the establishment of the Management Council.

- Proposing the establishment of a Management Council after the competent authority approves the policy

+ After the policy is approved by the competent authority, the head of the public non-business unit shall direct the organization to compile a dossier for the establishment of the Management Council, organize a conference of key officials of the unit to give opinions on the establishment scheme, draft operational regulations, and propose personnel to join the Management Board of the unit. Personnel participating in the Management Board must meet the criteria and conditions specified in Article 15 of this Circular.

+ The key cadre conference of the unit includes the head, the head's deputy, the party committee level, the trade union president, the youth union secretary, the leaders of the affiliated departments and divisions (if any), representatives of superior management agencies, and immediate superiors (if any) of public non-business units.

+ On the basis of the results of the key staff meeting, the head of the public non-business unit shall direct the completion of the dossier of establishment of the Management Council and send it to the appraising agency for submission to the competent agency or person for decision as prescribed in Article 4 of Circular 04/2022/TT-BTP.

For public non-business units under the direct management of superior units, the head of public non-business units shall send the dossier to the immediate superior management agency for the immediate superior management agency to consider, and send the appraisal agency to submit to the agency or person competent to establish the Management Council for decision according to the provisions of Article 4 of Circular 04/2022/TT-BTP for consideration and decision.

- The body that appraises the application for the establishment of the Management Board

+ The agency that appraises dossiers for setting up a Management Council in public non-business units under the management of the Ministry of Justice and public non-business units under the Department of Justice under the provincial-level People's Committees according to the provisions of point b, clause 6, article 7 of Decree 120/2020/ND-CP.

+ The appraisal agency specified at Point a of this Clause shall appraise the necessity, quantity, structure, composition, and criteria of members of the Management Council; functions, duties, powers, operation regulations of the Management Board, and other relevant contents.

- The public non-business unit or the immediate superior unit of the public non-business unit shall, on the basis of appraisal results, complete the dossier and report to the agency or a person competent to consider and decide on the establishment of the Management Council.

- On the basis of the written request for establishment, the written appraisal of the establishment of the Management Board, the competent agency or person shall establish the Management Board as prescribed in Article 4 of Circular 04/2022/TT-BTP, consider and decide on the establishment of the Management Council, and approve the Regulation on the operation of the Management Council in public non-business units.

Duong Chau Thanh

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