Vietnam: What is public service unit?

Vietnam: What is public service unit? (Internet image)

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

1. What is public service unit?

According to Clause 1, Article 9 of the Law on Public Employees 2010, public service unit is an organization established under law by a competent state agency, a political organization or a socio-political organization, having the legal person status and providing public services and serving state management work.

2. Organizational structure for managing operations of public service units in Vietnam

Pursuant to Clause 2, Article 9 of the Law on Public Employees 2010, public service units include:

- Public service units assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as autonomous Public service units);

- Public service units not yet assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as non-autonomous Public service units).

3. Conditions for establishment, reorganization, and dissolution of public service units in Vietnam

(1) Conditions for establishing public service units

- In accordance with national sector planning or network planning of public service units (if any) approved by competent authorities;

- Meeting all criteria for establishing a public service unit according to specialized laws;

- Clearly defining the objectives, functions, and tasks of the public service provider, serving state management;

- Ensuring the minimum number of employees is 15 people (except for public service units providing basic and essential public services established according to specialized laws).

For public service units that self-guarantee their regular expenditures, public service units that self-guarantee their regular expenditures and investment expenditures, when establishing these units, the minimum number of employees working as public employees is determined according to the Establishment Plan. For public service units, they cover their own regular and investment expenditures and operate under the enterprise mechanism; the minimum number of employees includes officials and professional workers under the labor contract regime.

For public service units abroad, the number of people working is approved by the Prime Minister in the Project to establish the public service unit.

- Having a working office or a land allocation project to build a working office that has been approved by a competent authority (in case of building a new head office); Necessary initial equipment; Human resources and operating funds according to the provisions of law.

- For public service units abroad: In addition to meeting the conditions specified in Points a, b, c, d, dd, Clause 1, Article 5 of Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the establishment and operation of public service units.

(2) Conditions for reorganizing public service units

- There are adjustments in functions, tasks, and powers to be consistent with the national sector planning or network planning of public service units (if any) approved by competent authorities; ensuring improved operational efficiency and meeting regulations on the minimum number of workers specified in Point d, Clause 1, Article 5 of Decree 120/2020/ND-CP;

- Does not fully meet the criteria for establishing a public service unit according to the provisions of the law;

- The reorganization of units ensures that the unit's existing level of financial autonomy is not reduced; In cases of consolidation or merger of public service units with financial autonomy at different levels, the level of financial autonomy of the public service unit after consolidation or merger is carried out according to the decision of the competent authority;

- For public service units abroad: In addition to meeting one of the conditions specified in Points a, b, and c, Clause 2, Article 5 of Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the reorganization and operation of public service units.

(3) Conditions for dissolution of public service units

- No longer having the function and task of providing public services and state management;

- Not meeting the criteria for establishing a public service unit according to the provisions of the law;

- Three consecutive years of ineffective operations, according to the assessment of competent authorities;

- Implementing according to national sector planning or network planning of public service units (if any) approved by competent authorities;

- For public service units abroad: In addition to meeting one of the conditions specified in Points a, b, c, d, Clause 3, Article 5 of Decree 120/2020/ND-CP, it is necessary to ensure compliance with the foreign policy of the Party and State and the agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country on the dissolution of public service units.

(Article 5 of Decree 120/2020/ND-CP)

Ho Quoc Tuan

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