Thông tư 07/2022/TT-BTP của Bộ Tư pháp về việc quy định tiêu chí phân loại, điều kiện thành lập, sáp nhập, hợp nhất, giải thể đơn vị sự nghiệp công lập thuộc ngành, lĩnh vực tư pháp

CIRCULAR

On criteria for classification and requirements for establishment, mergerr, consolidation and dissolution of public service providers in the Judiciary branch

Pursuant to Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on functions, tasks, powers and organizational structure of the Ministries and Ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government on amendments to certain Articles of Decree No. 123/2016/ND-CP;

Pursuant to Decree No. 96/2017/ND-CP dated August 16, 2017 of the Government on function, tasks, powers and organizational structures of the Ministry of Justice;

Pursuant to Decree No. 120/2020/ND-CP dated October 07, 2020 of the Government of Vietnam on establishment, re-organization and dissolution of public service providers;

Pursuant to Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government on Government on financial autonomy mechanism of public service providers;

At the request of the Director of the Official Organization Department;

The Minister of Justice promulgates a Circular on criteria for classification and conditions for establishment, merger, consolidation and dissolution of public service providers in the judiciary branch.

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GENERAL PROVISIONS

Article 1. Scope

This Circular provides for criteria for classification and requirements for establishment, merger, consolidation and dissolution of public service providers in the judiciary branch operating in the fields of legal aid, state compensation, judicial record, notarization, property auction, registration of security, legal assistance and legal counseling.

Article 2. Regulated entities

1. Public service providers established by competent authorities according to regulations of law operating in the judiciary branch prescribed in Article 1 hereof.

2. Agencies, organizations and individuals (hereinafter referred to as "entities") related in the establishment, merger, consolidation and dissolution of public service providers in the judicial sector and field.

Article 3. Rules for establishment, merger, consolidation and dissolution of public service providers

The establishment, merger, consolidation and dissolution of public service providers in the judiciary branch must comply with regulations in Article 4 of Decree No. 120/2020/ND-CP dated October 07, 2020 of the Government on the establishment, re-organization and dissolution of public service providers (hereinafter referred to as “Decree No. 120/2020/ND-CP).

Chapter II

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Article 4. Classification by functions and duties

1. Public service providers of state management

a) Public service providers doing researches on strategy form and development completion of regimes and policies on the judiciary branch;

b) Public service providers implementing development, management, operation of information and aid of laws;

c) Public service providers carrying out other functions of state management in the judiciary branch.

2. Public service providers of public services

a) Public service providers of public services using state budgets or basic public services in the judiciary branch according to lists approved by competent authorities;

b) Public service providers of other public services in the judiciary branch.

3. Public service providers of state management and public services shall perform one or multiple functions prescribed in clause 1 and one or multiple functions prescribed in clause 2 of this Article.

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Article 5. Classification based on establishing competent agencies

1. Public service providers established according to competence of the Government.

2. Public service providers established according to competence of the Minister of Justice.

3. Public service providers established according to competence of the People’s Committees of provinces and central-affiliated cities.

4. Public service providers established by other entities according to regulations of law.

Article 6. Classification based on financial autonomy level

1. Article 6. Classification based on financial autonomy levels

a) Public service providers covering their own recurrent and investment expenses;

b) Public service providers covering their own recurrent expenses;

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d) Public service providers covering their recurrent expenses from state budgets;

2. The determination of financial autonomy levels of public service providers in the judiciary branch prescribed in this clause shall comply with regulations in the Decree of the Government on financial autonomy mechanisms of such public service providers.

Chapter III

REQUIREMENT FOR ESTABLISHMENT, MERGER, CONSOLIDATION AND DISSOLUTION OF PUBLIC SERVICE PROVIDERS IN THE JUDICIARY BRANCH

Article 7. Requirements for establishment of service providers

1. In order to establish public service providers in the judiciary branch, requirements prescribed at Points a, c, d and dd, Clause 1, Article 5 of Decree No 120/2020/ND-CP must be met.

2. In addition to general requirements prescribed in clause 1 of this Article, other requirements prescribed by related laws must also be met.

Article 8. Requirements for merger and consolidation of public service providers

1. In order to merge and consolidate public service providers, requirements prescribed in Clause 2, Article 5 of Decree No. 120/2020/ND-CP must be met.

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Article 9. Requirements for dissolution of public service providers

1. In order to dissolve public service providers, one of the requirements prescribed in Points a, b, c, d, Clause 3, Article 5 of Decree No. 120/2020/ND-CP and other requirements for dissolution prescribed by specialized laws.

2. Public service providers shall only be dissolved after completing duties in terms of finance, property, land, loans, payable debts and other related duties and confirmed in writing by competent agencies and organizations.

Chapter IV

IMPLEMENTATION CLAUSES

Article 10. Effect

This Circular comes into force from December 19, 2022.

Article 11. Responsibility for implementation

1. The People’s Committees of provinces and central-affiliated cities are responsible for directing organizations to implement this Circular.

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3. Agencies and units should send written report on difficulties that arise during the period of implementation of this Circular to the Ministry of Justice for consideration and settlement in accordance with regulations./.

MINISTERLe Thanh Long