Chapter III
IMPLEMENTATION
Article 20. Delegating autonomy to public administrative units
1. Public administrative units shall develop the plan to exercise their autonomy which is relevant to the plan and actual conditions of these units, report to the superior regulatory agency to obtain their approval after receiving written opinions from finance bodies.
2. Delegation of the autonomy and responsible autonomy to public administrative units stipulated in the Chapter II hereof shall be kept unchanged within a permitted duration of 3 years. In case revenue sources or tasks of the public administrative unit has changed and this change is likely to cause any change to the degree of financial autonomy, the public administrative unit shall report to the superior regulatory agency in order for them to consider any adjustment to the degree of autonomy delegated to this unit by the deadline.
Article 21. Contents and requirements enabling public administrative units to adopt the financial mechanism which also applies to enterprises
1. Public administrative units which cover their own recurrent and investment expenses shall be allowed to adopt the financial mechanism which also applies to enterprises (such as single-member limited companies of which 100% of charter capital is held by the State) only if they meet the following requirements:
a) Render public administrative services which have more advantages in calling for private-sector involvements and are not subsidized by the Government;
b) Determine the public service charge by employing the method of full cost pricing (inclusive of depreciation of fixed assets);
c) Have its assets valuated by the Government, and obtain permission from the Government to manage allocated finances in accordance with legal regulations on management and use of state-owned assets;
d) Establish accounting records in accordance with regulations laid down in the generally accepted accounting standards applied to enterprises.
2. Contents in which the corporate-like financial mechanism is applied
a) Be permitted to determine the charter capital and preserve their capital;
b) Be permitted to take out loans, mobilize capital and make outward investments according to legal regulations;
c) Manage, use and set aside an amount of depreciation of fixed assets in accordance with regulations applicable to enterprises;
d) Manage revenues and expenses and distribute profits; implement the accounting and statistical policies in the same manner as an enterprise.
3. Public administrative units are obliged to meet requirements set out in Clause 1 of this Article, develop the project to adopt the corporate-like financial mechanism, and report to Ministries, central organs and local authorities to call for approval under the delegated authority.
Expenses incurred from the formulation of the project and others directly related to application of corporate-like financial mechanism shall be covered by the state budget under the delegated authority.
4. Ministries and central organs shall consider deciding on which affiliated public administrative units are entitled to apply the corporate-like financial mechanism after obtaining written opinions from the Ministry of Finance and provincial People’s Committees (or the inferior regulatory agency within their delegated authority) on considering the decision affiliated public administrative units entitled to apply the corporate-like financial mechanism after written opinions are obtained from local finance organs.
Pursuant to regulations laid down in Clause 1 of this Article, Ministries, central organs and provincial People's Committee within their delegated authority shall direct public administrative units to review and sketch out the roadmap whereby eligible public administrative units will be entitled to apply the corporate-like financial mechanism.
Article 22. Responsibilities of Ministries, central organs and provincial People’s Committees
1. Pursuant to regulations laid down in this Decree:
a) Ministries such as the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, the Ministry of Health, the Ministry of Science and Technology, shall preside over, cooperate with the Ministry of Finance and the Ministry of Home Affairs as well as other relevant Ministries or agencies in making and requesting the Government to amend and issue the Decree on stipulating the mechanism for exercising the autonomy of public administrative units categorized by specific sectors.
b) The Ministry of Finance shall preside over and collaborate with the Ministry of Home Affairs, other relevant Ministries or organs in making and requesting the Government to introduce the Decree on stipulating the mechanism for exercising the autonomy of public administrative units in the economic administrative sector and others.
2. Ministries, central organs and provincial People’s Committees, depending on scope of their delegated management, functions and assigned duties, shall be permitted to review, amend, supplement or introduce quality criteria, standards, mechanism for supervision, assessment and inspection of public administrative service quality, performance of public administrative units; carry out inspection, examination and handling of violations concerning rendering of public administrative services and organize activities of implementation of other contents relating to responsibilities for state management of public administrative services and public administrative units as stipulated in Article 4 hereof.
3. In 2015, Ministers and Heads of central organs shall assume the following responsibilities:
a) Request the Prime Minister to introduce the planning on networks of public administrative units categorized by industries or sectors, and the list of public administrative services funded by the state budget within their jurisdiction;
b) Introduce economic – technical norms applied to the sector of public administrative services managed by the State within their jurisdiction which serves as the basis for introduction of public administrative service price calculated by applying the full cost pricing method and of the regulations laid down in Article 4 hereof.
4. In 2015, the Ministry of Home Affairs shall be responsible for providing guidance on establishment and operation of the management board; providing guidance on principles and method of determining job positions, and authority, process and procedure for deciding the number of job positions; providing instructions for public administrative units which have not already specified job positions and public servant categorization by professional titles to determine the number of employees on the basis of average manning requirements in the previous year.
5. The Ministry of Finance shall be responsible for changing the method for allocating estimated budgets to public administrative units in relevance to the mechanism for financial autonomy stipulated in this Decree.
6. The Presidents of the provincial People’s Committees shall, within their delegated authority, be responsible for promulgating the followings in 2015: the planning for the network of public administrative units categorized by sectors; the list of public administrative services funded by the state budget; economic - technical norms applied in public administrative service sectors which serves as the basis for introducing public administrative service price by applying the full cost pricing method, and regulations laid down in Article 4 hereof.
Article 23. Responsibilities of Heads of public administrative units
1. Bear responsibility to the direct superior regulatory agency and take legal liability for decisions on exercising autonomy concerning duties, organizational personnel and financial structure of their public administrative units.
2. Ensure that public administrative services meet accepted standards or requirements stipulated by competent authorities.
3. Formulate and implement the rules and regulations on internal expenses, asset use, grassroots-level democracy, financial disclosure and internal audit in accordance with applicable regulations.
4. Organize, manage and use public servants in accordance with laws on public servants.
5. Manage, preserve and develop capital and assets allocated by the State, implement the regulations on accounting, statistics and information, operational reporting and audit in accordance with applicable regulations.
6. Provide competent authorities with the decision on establishment and regulation of functions, duties, powers and organizational structure of the management board in accordance with applicable regulations.
7. Implement regulations on operational disclosure and accountability of their public administrative units in accordance with legal regulations.
Article 24. Effect
1. This Decree shall enter into force since April 6, 2015 and replace the Government’s Decree No. 43/2006/NĐ-CP dated April 25, 2006 on stipulating the autonomy and responsible autonomy to task performance, organizational, personnel and financial structure of public administrative units; serve as the basis for making the Decree on stipulating the mechanism for exercising the autonomy of public administrative units in each sector.
2. While the Decree on stipulating the mechanism for exercising the autonomy of public administrative units categorized by specific sectors in accordance with regulations laid down in Clause 1 of this Article have not been promulgated or amended yet, public administrative units by specific sectors shall be continued to follow the mechanism for exercising the autonomy in accordance with regulations laid down in the Government’s Decree No. 43/2006/NĐ-CP dated April 25, 2006 on stipulating the autonomy, responsible autonomy for task performance, organizational, personnel and financial structure of public administrative units; the Government’s Decree No. 115/2005/NĐ-CP dated May 9, 2005 on stipulating the autonomy, responsible autonomy of public science and technology organizations and the Government’s Decree No. 96/2010/NĐ-CP dated September 20, 2010 on amendments to several articles of the Government’s Decree No. 115/2005/NĐ-CP; the Government’s Decree No. 85/2012/NĐ-CP dated October 15, 2012 on operational and financial mechanism of public administrative units and the price of healthcare services applied to public healthcare establishments.
3. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, and Presidents of People’s Committees of central-affiliated cities and provinces, shall be responsible for implementing this Decree./.
Tìm kiếm
Nghị định 16/2015/NĐ-CP Quy định cơ chế tự chủ của đơn vị sự nghiệp công lập (Bản Word)
Nghị định 16/2015/NĐ-CP Quy định cơ chế tự chủ của đơn vị sự nghiệp công lập (Bản Pdf)