HANOI DEPARTMENT OF JUSTICE
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On December 01, 2023, The Ministry of Finance issued Circular 72/2023/TT-BTC regulating criteria for classification and conditions for establishment, merger, consolidation and dissolution of public service units in the financial sector.

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Circular 72/2023/TT-BTC applies to public service units established by competent authorities in accordance with the law that have public service activities in the financial sector (or public service units under the state management of the Ministry of Finance).

Accordingly, the merger and consolidation of public service units in the financial sector is carried out when the agency or organization has another public service unit that is suitable in terms of functions and tasks with the public service unit in the financial sector for merger, consolidation and public service unit in the financial sector that meet one of the following conditions:

- 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 employees;

- Two consecutive years of ineffective operations according to the assessment of a competent authority or in order to improve the efficiency of providing public services and serving state management of public service units;

- The minimum number of employees is not guaranteed to be 15 people;

- Not ensuring a level of autonomy of 30% or more of regular expenses or having 30% or more of the number of employees receiving salaries from non-business income sources or no longer being able to ensure the level of autonomy;

- Not ensuring conditions according to specialized laws (if any).

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Photo 1. Conditions for merger and consolidation of public service units in the financial sector from February 1, 2024 - Hotline: 097 211 8764

Remark:

- Merging and consolidating the public service units with the same level of financial autonomy ensures that the existing level of financial autonomy of the units is not reduced; In case of merger or consolidation of public service units with financial autonomy at different levels, the level of financial autonomy of the public service unit after the merger or consolidation is implemented. according to the decision of the competent authority;

- Public service units formed after merger or consolidation must meet all conditions for establishing public service units and relevant legal regulations.

Thus, the merger and consolidation of public service units in the financial sector is carried out when the agency or organization has another public service unit that is suitable in terms of functions and tasks with the public service unit in the financial sector for merger, consolidation and public service units in the financial sector that meet one of the above conditions.

Circular 72/2023/TT-BTC takes effect from February 1, 2024.

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Photo 2. Free legal advice -  Hotline: 097 211 8764

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