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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 117/2003/ND-CP
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Hanoi, October 10, 2003
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DECREE
ON THE RECRUITMENT, EMPLOYMENT AND
MANAGEMENT OF OFFICIALS AND PUBLIC EMPLOYEES IN STATE AGENCIES
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees and
the April 29, 2003 Ordinance amending and supplementing a number of articles of
the Ordinance on Officials and Public Employees;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Scope of regulation
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Article
2.- Subjects of regulation
Public employees
referred to in this Decree are Vietnamese citizens who are on the payroll and
enjoy salaries from the State budget as prescribed at Points b, c and f, Clause
1, Article 1 of the Ordinance on Officials and Public Employees, work in the
following State agencies, armed forces, political organizations or
socio-political organizations:
1. The National
Assembly's Office;
2. The State
President's Office;
3. The State
administrative agencies at the central, provincial and district levels;
4. The People's Courts
and the People's Procuracies at all levels;
5. The foreign-based
diplomatic representation missions of the Socialist Republic of Vietnam;
6. Units of the
People's Army and the People's Police;
7. The assisting apparatuses
of political organizations or socio-political organizations at the central,
provincial and district levels.
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In this Decree, the
following words and phrases are construed as follows:
1. "Public
employee's rank" means the public employee's title classified by branch,
expressing his/her professional level;
2. "Grade"
is the term indicating the value scale in each public employee's rank;
corresponding to a grade is a salary co-efficient;
3. "Rank
promotion" means raising from a rank to a higher one in the same
professional branch;
4. "Rank
shift" is the shift from one rank to another of the same professional
level (equivalent rank);
5.
"Recruitment" means recruiting of persons to work on the payroll of a
State agency through recruitment examination or recruitment consideration;
6. "Rank
appointment" means decision to appoint a qualified person to a certain
public employee's rank.
7. "Public
employee-employing agency" means an agency or organization competent to administratively
and professionally manage public employees;
8. "Agency
competent to manage public employees" means an agency vested with the
competence to manage specialized public employees' ranks;
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10.
"Probation" means the case where a recruit practices to work with the
responsibilities and tasks of the rank which he/she will be appointed to;
Article
4.- Classification of public employees
Public employees
referred to in this Decree are classified as follows:
1. Classification by
training level:
a/ Class-A public
employees are those who are appointed to the ranks that require university or
post-graduate education degrees;
b/ Class-B public
employees are those who are appointed to the ranks that require vocational
education degrees;
c/ Class-C public
employees are those who are appointed to the ranks that require
below-vocational education degrees.
2. Classification by
public employee's rank:
a/ Public employees of
senior-specialist, equivalent or higher rank;
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c/ Public employees of
specialist or equivalent rank;
d/ Public employees of
junior-staff member or equivalent rank;
e/ Public employees of
personnel or equivalent rank.
3. Classification by
working position:
a/ Leading or
commanding public employees;
b/ Professional public
employees.
The decentralization
of the management of public employees must be based on the classification of
public employees as defined in this Article.
Chapter
II
RECRUITMENT
OF PUBLIC EMPLOYEES
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1. Registrants for
recruitment of public employees must satisfy the following conditions:
a/ Being Vietnamese
citizens, having permanent residence addresses in Vietnam;
b/ Being aged between
full 18 years and 40 years. If the recruitment participants are army officers,
professional army men or servants in the non-business units or State
enterprises, their age may be higher but not exceed 45 years;
c/ Having recruitment
applications; clear personal records; diplomas and/or training certificates as
required by the recruitment ranks they apply for;
d/ Being physically
fit to perform tasks and public duties;
e/ Not being in the
period of penal liability examination, serving imprisonment sentences,
non-custody reform or probation penalties; being subject to the measure of
commune/ward/township-based education or consignment to medical treatment
establishments or reformatories.
2. The persons
recruited as public employees as prescribed at Point b and Point c, Clause 1,
Article 1 of the April 29, 2003 Ordinance amending and supplementing a number
of articles of the Ordinance on Officials and Public Employees must undergo the
reserve public employee regime.
3 .Apart from the
provisions in Article 1 of this Article, on the basis of the nature and
professional characteristics of the recruitment ranks, the agencies competent
to recruit may set more conditions for recruitment participants.
Article
6.- Recruitment of public employees
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2. Persons who have worked
for five or more years in highland, deep-lying, remote border or island areas
either voluntarily or in order to meet the requirement of building the
contingent of officials and public employees in ethnic minority areas may be
recruited through recruitment consideration.
Article
7.- Priorities in recruitment examinations
The following cases
shall be prioritized in the recruitment examinations:
1. Armed Forces
Heroes, Labor Heroes and war invalids shall have 30 points added to their
aggregate examination results;
2. Children of war
martyrs, children of war invalids, children of diseased soldiers and holders of
doctorates in the training majors suitable to the recruitment demands shall
have 20 points added to their aggregate examination results;
3. Holders of master's
degrees in the training majors suitable to the recruitment demands; good or
excellent graduates of professional training levels suitable to the recruitment
demands; persons who have accomplished their military service obligations,
voluntary youth members, young intellectuals who have voluntarily worked in
rural or mountainous areas for two or more years and accomplished their tasks
shall have 10 points added to their aggregate examination results.
Article
8.- Priorities in recruitment consideration
Persons who
voluntarily pledge to work for five or more years in highland, deep-lying,
remote, mountainous, border or island areas shall be considered for recruitment
in the following priority order:
1. Ethnic minority people,
people who reside in the places where they voluntarily come to work;
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3. War invalids;
4. Children of war
martyrs;
5. Children of war
invalids or diseased solders;
6. Holders of
doctorates in the training majors suitable to the recruitment demands;
7. Holders of master's
degrees in the training majors suitable to the recruitment demands; good or
excellent graduates of professional training levels suitable to the recruitment
demands; persons who have accomplished their military service obligations,
voluntary youth members, young intellectuals who have worked voluntarily in
rural or mountainous areas for two or more years and accomplished their tasks.
Article
9.- Recruitment grounds
The recruitment of
public employees must be based on the work demands, working positions and the
assigned payroll quotas.
Article
10.- Recruitment notices
At least 30 days
before the date of organizing recruitments, the agencies competent to manage
public employees must publicly announce the recruitment criteria, conditions
and number of persons to be recruited on the mass media for people to know and
register for recruitment.
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1. The recruitment of
public employees shall be conducted by the Recruitment Examination Councils in
case of recruitment examination, or by the Recruitment Consideration Councils
in case of recruitment consideration (hereinafter referred collectively to as
Recruitment Councils). Where the number of recruitment registrants is much higher
than the to be-recruited number, the Recruitment Councils may organize
preliminary selections.
2. The Recruitment
Councils shall be set up by decisions of the heads of the agencies competent to
manage public employees and consist of 5 or 7 members each.
3. A Recruitment
Council consists of:
a/ The Council
chairman, who is the head or deputy head of the agency competent to manage
public employees;
b/ The Council
vice-chairman, who is the head of the organization and personnel section of the
agency competent to manage public employees;
c/ Council members,
who are representatives of the leaderships of the specialized agencies,
organizations and/or units of the agency competent to manage public employees;
d/ A Council
member-cum-secretary, who is a public employee in charge of the recruitment
work.
4. The Recruitment
Council shall be assisted by an Examination Superintendence Board and an
Examination Paper-Marking Board.
Article
12.- Tasks and powers of Recruitment
Councils
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1. To publicly
announce the recruitment plan; recruitment regulations and rules;
qualifications and conditions for recruitment participation; examination
subjects, form, time and venues;
2. To organize the
compilation of exam questions; to set up the Examination Superintendence Board
and the Examination Paper-Marking Board;
3. To receive and
consider dossiers of participation in recruitment; to organize preliminary
selections (if any); to announce the list of persons who satisfy the conditions
and qualifications for participation in recruitment;
4. To organize the
recruitment examination or recruitment consideration strictly according to
regulations; to report on the recruitment results to the competent bodies for
consideration and issuance of decisions to recognize such results; to publicly
announce the recruitment results;
5. To settle
complaints and denunciations of recruitment participants.
Article
13.- Method of marking in recruitment
examinations
1. Each examination
subject shall be marked on a 100-point scale.
2. To pass recruitment
examinations, examinees must sit all examinations and get at least 50 points
for each and be in between the person with the highest aggregate of points and
the last person of the to be-recruited quota.
3. The persons
enjoying recruitment priorities prescribed in Article 7 of this Decree shall
have priority points added to the aggregates of their examination points; if an
examinee falls into many priority subjects, he/she shall only have the highest
number of priority points added.
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Article
14.- Principles for determination of
successful candidates in recruitment considerations
The successful
candidates in a recruitment consideration are those who meet the criteria and
conditions for participation in recruitment, are considered and unanimously
agreed by the Recruitment Consideration Councils on the basis of the provisions
in Articles 5 and 8 of this Decree to propose the competent bodies to issue
decisions to recruit them.
Article
15.- Time limits for issuance of
recruitment and acceptance decisions
1. Within 30 days
after the date of announcement of the recruitment results, the agencies
competent to manage public employees shall issue recruitment decisions.
2. Within 30 days
after the date of issuance of the recruitment decisions, the recruits must come
to the agencies to take on their jobs, except where the recruitment decisions
set a different time limit.
3. Where the recruits
cannot take on their jobs within the time limit for plausible reasons, they
must make written requests for extension of such time limit, which must be
approved by the public employee-employing agencies. The extended duration shall
not exceed 30 days.
4. Where the persons
having the recruitment decisions come to take on their jobs late without
plausible reasons, the agencies competent to manage public employees shall
issue decisions canceling the recruitment decisions.
Article
16.- Probation
1. The persons who are
recruited to work as public employees under the provisions of this Decree must
undergo the probationary regime.
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a/ Twelve months for
the specialist or equivalent rank;
b/ Six months for the
junior staff-member or equivalent rank;
c/ Three months for
the personnel or equivalent rank.
3. The probationary
duration required for reserve public employees shall be counted into the period
of undergoing the reserve public employee regime.
4. Those who are
working at State enterprises or who are prescribed at Points a, d, e, g and h,
Clause 1, Article 1 of the Ordinance on Officials and Public Employees, when
they are transferred or recruited to work at the State agencies prescribed in
Article 2 of this Decree, shall implement the probationary regime under the
guidance of the Ministry of Home Affairs.
Article
17.- Probation supervision
The public
employee-employing agencies shall have the responsibility:
1. To guide the probationers
to firmly grasp the functions, tasks, internal regulations and rules of the
agencies, the relationships among the sections of the agencies and with the
concerned agencies, and to practice the responsibilities and tasks of the ranks
which they will be appointed to;
2. To appoint a public
employee of the same or higher rank, who is professionally capable and
experienced to supervise the probationers. Each public employee shall only
supervise one probationers at a time.
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The probationers and
their supervisors shall enjoy the following regimes and policies:
1. During the
apprenticeship duration, the probationers shall enjoy 85% of the starting
salary of grade 1 of the recruitment rank; where the probationers hold a
master's degree suitable to the recruitment demand, they shall enjoy 85% of the
salary of grade 2 of the recruitment rank; where the probationers hold a
doctorate suitable to the recruitment demand, they shall enjoy 85% of the
salary of grade 3 of the recruitment rank.
2. In the probationary
duration, the following persons shall enjoy 100% of the salary and allowance
(if any) of the recruitment rank:
a/ Recruits to work in
highland, deep-lying, remote, border or island areas;
b/ Recruits to do
hazardous or dangerous occupations or jobs;
c/ Recruits who have
accomplished their military service obligations, are youth volunteer members,
young intellectuals who have worked voluntarily in rural or mountainous areas
for two or more years and fulfilled their tasks.
3. Public employees
who are assigned by their agencies to supervise apprentices shall enjoy a
responsibility allowance of 30% of the minimum salary during the time they
supervise the apprentices.
4. The probationary
duration shall not be counted into the time for salary rise according to
seniority.
Article
19.- Appointment to public employee's ranks
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a/ A person shall be
appointed to the public employee's rank corresponding to the job he/she is
expected to do;
b/ The appointees must
satisfy all the criteria required by the rank.
2. Rank appointment
for probationers:
a/ At the end of the
probationary duration, the probationers shall have to make reports on their
probation results; the probation supervisors shall have to give written
remarks, evaluating the probation results and send them to the public
employee-employing agencies;
b/ The heads of the
public employee-employing agencies shall evaluate the moral qualities and
working results of the probationers; then propose the agencies competent to
manage public employees to issue decisions to appoint those probationers who
satisfy the requirements of the ranks which they have practiced to such public
employees' ranks.
Article
20.- Cancellation of recruitment decisions
1. Recruitment
decisions shall be canceled in the following cases:
a/ The apprentices
fail to accomplish their tasks;
b/ The apprentices are
disciplined in the form of caution or more severe penalties.
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3. The apprentices
whose recruitment decisions are canceled shall be provided by the public
employee-employing agencies one month's salary and allowance (if any) they are
enjoying and a travel fare back to their residence places.
Chapter
III
EMPLOYMENT
OF PUBLIC EMPLOYEES
Section
1. ARRANGEMENT, ASSIGNMENT OF JOBS, RANK SHIFT, RANK PROMOTION
Article
21.- Arrangement, assignment of jobs
1. The heads of the public
employee-employing agencies shall have to arrange, assign jobs to public
employees, ensure the necessary conditions for them to perform their tasks, and
implement the regimes and policies for them.
2. The arrangement,
assignment of jobs to public employees must ensure the compatibility of the
assigned tasks with the appointed public employee's ranks; public employees in
a certain rank must be arranged jobs suitable to such rank.
3. Public employees
shall be responsible before law for the performance of their tasks and official
duties; public employees holding leading posts must be also responsible for the
performance of tasks and official duties by their subordinates according to law
provisions.
Article
22.- Rank shift
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2. Public employees
subject to rank shift must satisfy the professional criteria of the ranks they
shift to and fit in with the public employee's rank structures of their
agencies.
3. The public
employee-employing agencies, when shifting public employees to other ranks,
must set up an Examination Council to test the professional qualifications and
capabilities of such public employees. If the public employees satisfy all the
professional criteria of new ranks, the public employee-employing agencies
shall issue appointment decisions according to their competence or propose the
agencies competent to manage public employees to appoint.
4. An Examination
Council consists of 5 or 7 members, including:
a/ The Council
chairman, who is the head or deputy head of the agency;
b/ The Council vice-chairman,
who is the head of the organization and personnel section of the agency;
c/ Council members,
who are leaders of the professional sections, a number of professionally
capable public employees of the same or higher rank (the council chairman shall
assign one of these members as secretary).
5. The Examination
Councils have the following tasks:
a/ To examine diplomas
and training certificates as required for the new ranks, the former agency's
written evaluation of the previous working process;
b/ To interview the
public employees subject to rank shift on political, social and professional
issues;
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d/ The Councils meet
to evaluate the results; if seeing that the public employees are qualified, to
propose the agency competent to manage public employees to appoint them to new
ranks.
6. Rank shift must not
be combined with rank promotion or salary rise.
Article
23.- Rank promotion, salary rise
1. Public employees
who meet all criteria and conditions and have their working positions suitable
to the ranks while there still exist higher ranks in the same professional
branch may be promoted to the higher ranks. The rank promotion for public
employees must be effected through rank promotion examinations as prescribed.
Public employees who record outstanding achievements in performing their tasks
and official duties shall be considered for rank promotion.
2. Public employees who
meet all criteria, have passed the required period of time while there exist
higher salary grades in their rank shall be considered for salary rise. Public
employees who record outstanding achievements in performing their tasks and
official duties shall be considered for salary rise ahead of time according to
the Government's regulations.
3. In the course of
performing their tasks and official duties, if the public employees achieve
high working efficiency and show development prospects, the ministers, the
heads of the ministerial-level agencies or Government-attached agencies or the
presidents of the provincial/municipal People's Committees shall issue
decisions to promote them to higher ranks or raise their salaries ahead of time
according to their respective decentralized responsibility.
The Minister of Home
Affairs shall provide guidance on the rank promotion and salary rise ahead of
time as prescribed in this Article.
Article
24.- Nomination of public employees to sit
rank promotion examinations
1. The consideration
and nomination of public employees to sit rank promotion examinations shall be
considered by the Preliminary Selection Councils of their agencies on the basis
of the demands of the public employee's ranks, the working positions, ethical quality,
professional qualifications, development prospects as well as the task
performance results of the public employees. The composition of a Preliminary
Selection Council shall be similar to that of the Examination Council set up in
case of rank shift as prescribed in Clause 4, Article 22 of this Decree.
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Article
25.- Organization of rank promotion
examinations
Annually, the agencies
competent to manage public employees shall base themselves on the public
employee's rank structure to work out rank promotion plans and rank promotion
examination criteria and send them to the Ministry of Home Affairs for
agreement thereon.
Article
26.- Rank Promotion Examination Councils
1. When organizing
rank promotion examinations, the agencies competent to do so must set up the
Rank Promotion Examination Councils, each consisting of 5 or 7 members,
including:
a/ The Council
chairman, who is the head or deputy head of the agency competent to organize
the rank promotion examination;
b/ The Council
vice-chairman, who is in charge of managing officials and public employees of the
agency assigned to organize the rank promotion examination;
c/ Council members,
who are representatives of the leaderships of the specialized units of the
agency assigned to organize the rank promotion examination;
d/ A Council
member-cum-secretary, who is in charge of the recruitment and rank promotion of
the agency assigned to organize the rank promotion examination.
2. The Rank Promotion
Council shall be assisted by an Examination Superintendence Board and an
Examination Paper-Marking Board.
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The Rank Promotion
Examination Councils shall work on the principles of collectivism and vote by
majority, having the following tasks and powers:
1. To publicly
announce the rank promotion examination plan; examination regulations and
rules; criteria and conditions for sitting the examination; examinee's
dossiers; examination subjects, form, time and venues;
2. To organize the
compilation of exam questions; to set up the Examination Superintendence Boards
and the Examination Paper-Marking Boards;
3. To receive and
consider dossiers of application for sitting the examinations; to announce the
list of persons who satisfy the conditions and criteria for sitting the
examinations;
4. To direct and organize
the examinations strictly according to regulations; to report on the
examination results to the competent bodies for consideration and decision on
recognition thereof;
5. To settle
complaints and denunciations of examinees.
Article
28.- Method of marking and determination
of successful examinees
1. Each examination
subject shall be marked on a 100-point scale.
2. To pass the
examinations, examinees must take up all examination subjects and get at least
55 points for each.
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1. On the basis of the
examination results, within 30 days after the examination results are
available, the agencies competent to manage public employee's ranks shall grant
the rank certificates to the public employees who have passed the examinations.
2. On the basis of the
rank certificates, the agencies competent to manage public employees shall
issue rank promotion decisions and grade the public employees' salaries
according to the ranks for which they have been examined according to
regulations.
Section 2. TRAINING
AND FOSTERING
Article
30.- Training and fostering of public
employees
1. The agencies
competent to manage public employees shall have to formulate training plannings
and plans and organize the training and fostering in order to create sources of
public employees and raise their qualifications and capabilities.
2. The public
employee-employing agencies shall have to create conditions for public
employees to have training and fostering in order to raise their qualifications
according to the criteria of professional titles of the public employee's ranks
and according to the training and fostering plans.
Section
3. TRANSFER, APPOINTMENT TO LEADING POSTS, RESIGNATION, RELIEF FROM DUTY,
ROTATION, SECONDING
Article
31.- Transfer
1. The transfer of
public employees must be based on the work demands of the agencies as well as
the qualifications and capabilities of public employees.
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3. If any officials or
employees falling into the subjects specified at Points a, d, e and g, Clause
1, Article 1 of the April 29, 2003 Ordinance amending and supplementing a
number of articles of the Ordinance on Officials and Public Employees are
transferred by competent agencies to work at State agencies, political
organizations, socio-political organizations or armed forces, their appointment
to public employee's ranks must be based on the working positions and
professional criteria of such ranks. The order and procedures of rank
appointment shall be the same as those applicable to rank shift prescribed in
Article 22 of this Decree.
Article
32.- Appointment to leading posts
1. The appointment of
public employees to leading posts shall be based on the requirements and tasks
of the agencies, criteria and conditions of the leading positions, and
according to the competence, order and procedures prescribed for the
appointment of leading officials or public employees.
2. Public employees shall
be appointed to leading posts for a definite term, at the end of the
post-holding term, they must be considered for re-appointment or
non-re-appointment.
3. If public employees
are arranged to other jobs or appointed to new posts, they shall be automatically
cease to hold their incumbent posts.
Article
33.- Relief from leading posts
Public employees
holding leading posts shall be considered by competent authorities for relief
from duty and arrangement to other jobs before their appointment terms expire
in the following cases:
1. Due to work demands;
2. Due to their poor
health;
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4. Due to violations
of disciplines, which are not serious enough to be disciplined in the form of
demotion.
Article
34.- Resignation
1. If public employees
holding leading posts wish to resign, they must give in their resignations to
the heads of their employing agencies. The heads of their employing agencies
shall report on their resignations to the agencies competent to manage public employees
for consideration and decision.
2. Within one month
after receiving the resignations, the agencies competent to manage public
employees must consider and make decisions thereon or report such to competent
authorities for decision.
3. Pending the acceptance
of their resignations, the public employees holding leading posts must still
discharge their assigned tasks and powers.
4. After public
employees resign and cease to hold leading posts, they shall be arranged to
other jobs.
Article
35.- Rotation
1. The rotation of
public employees shall be applied in the following cases:
a/ Reinforcing or
supplementing the contingent of officials and public employees quantitatively
and qualitatively for State agencies, political organizations, socio-political
organizations or non-business units in order to ensure the fulfillment of their
assigned tasks;
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2. When officials or
public employees holding leading or managerial posts and falling into the
subjects specified at Points a, d, e and g, Clause 1, Article 1 of the April
29, 2003 Ordinance amending and supplementing a number of articles of the
Ordinance on Officials and Public Employees are rotated under decisions of
competent bodies to hold leading posts in State agencies, political
organizations, socio-political organizations or armed forces, their appointment
to public employee's ranks must be based on the working positions and
professional criteria of such ranks. The order and procedures of rank
appointment shall be the same as those applicable to rank shift prescribed in
Article 22 of this Decree.
3. Public employees
who are rotated to work in highland, deep-lying, remote, border or island areas
shall enjoy, in addition to preferential policies, a number of other incentive
policies according to the State's general regulations.
Article
36.- Seconding
1. Basing themselves
on the requirements of tasks and official duties, the agencies competent to
manage public employees may second public employees to work for a definite term
in other agencies, organizations or units. The seconding period shall not
exceed three years at a time.
2. The seconding of
public employees shall be effected in the following cases:
a/ Due to the
emergence of unexpected or urgent tasks while the transfer of public employees
cannot be effected.
b/ Due to the fact
that some work needs to be settled only in a certain period of time.
3. The seconded public
employees shall place themselves under the work assignment of the agencies,
organizations or units where they are seconded to. The seconding agencies shall
have to pay salaries to and ensure other interests for the seconded public
employees.
4. The public
employees seconded to highland, deep-lying, remote, border or island areas
shall enjoy the preferential policies according to the State's general
regulations.
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Article
37.- Purposes
Evaluation of public
employees aims to accurately assess their capabilities, qualifications, working
results and moral qualities, serving as a basis for arranging, employing,
promoting, training, fostering, and implementing policies towards, public
employees
Article
38.- Grounds for and order of evaluation
of public employees
1. When evaluating
public employees, their agencies must base themselves on the public employees'
assigned tasks, task performance results and ethical qualities.
2. The evaluation of
public employees shall be organized at the end of each year in the following
order: public employees self-remark on their work; collectives where they work
give comments and write on grading papers; after consulting the comments and
grading of the collectives, the heads of the agencies evaluate and decide on
the grading of public employees; evaluation opinions are notified to each
public employee.
3. Public employees
have the right to present and reserve their self-remarks but must abide by the
conclusion opinions of competent bodies.
4. The evaluation of
seconded public employees shall be made by the agencies employing such public
employees. Written evaluations of the seconded public employees shall be
forwarded to the seconding agencies for filing into the public employees'
files.
5. Public employees'
evaluation documents shall be preserved in their files.
Article
39.- Evaluation of leading public
employees
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Chapter
IV
MANAGEMENT
OF PUBLIC EMPLOYEES
Article
40.- Contents of management of public
employees
1. Promulgating, and
organizing the implementation of, legal documents, charters and regulations on
decentralization of the management of public employees.
2. Formulating
plannings and plans on the building, training and fostering of the contingent
of public employees.
3. Prescribing the
titles and criteria of public employees.
4. Prescribing the
payrolls of public employees in State administrative agencies at the central
level; prescribing the administrative payroll limits for the People's
Committees.
5. Organizing the
management, employment, training and fostering of public employees.
6. Promulgating
regulations on recruitment, rank promotion; the probationary regime.
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8. Directing,
organizing the implementation of the salary regime and entitlement,
commendation and disciplining regimes and policies for public employees.
9. Implementing the
regime of reporting and statistics on public employees.
10. Inspecting and
examining the implementation of law provisions on public employees.
11. Directing,
organizing the settlement of complaints and denunciations related to public
employees.
Article
41.- Tasks and powers of the Ministry of
Home Affairs
The Ministry of Home
Affairs is a governmental agency performing the function of State management
over public employees and having the following tasks and powers:
1. To draft bills and
ordinances on public employees for the Government to submit them to the
National Assembly or the National Assembly Standing Committee;
2. To formulate and
submit to the Government for approval: plannings and plans on the building of
the contingent of public employees; schemes on assignment and decentralization
of the management of public employees and total State administrative payrolls;
plans on training and fostering of the contingent of public employees; the
regime of salaries and other entitlement policies and regimes for public
employees; the reserve public employee regime; the probationary regime, and
regulatory documents on the management of public employees;
3. To formulate and
submit to the Government the schemes on the employment, evaluation, transfer,
appointment, re-appointment, rotation, commendation and disciplining of public
employees and the public employee's rank structures in State administrative
agencies;
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5. To decide on the
allocation of administrative payroll limits to the ministries,
ministerial-level agencies and Government-attached agencies according to the
authorization of the Prime Minister;
6. To promulgate regulations
on the titles and professional criteria for public employee's ranks;
promulgating a regulation on recruitment and a regulation on rank promotion for
public employees;
7. To quantitatively
and qualitatively manage, to effect rank appointment, salary grading and
raising for, the public employees of high ranks; organize examinations for
promotion to the senior-specialist and principal specialist ranks for public
employees; examine and supervise recruitment and rank promotion examinations
organized by the ministries, ministerial-level agencies, Government-attached
agencies or provincial/municipal People's Committees; grant certificates of the
senior-specialist ranks and specialized public employee's rank equivalent to
the senior-specialist rank;
8. To provide for the
compilation and management of public employees' files; numerical signs of
public employees; public employee's papers; public employee's cards and
regulations on the wearing thereof;
9. To organize the
collection of statistics on the contingent of public employees nationwide;
10. To inspect,
examine the implementation of the State's regulations on public employees in
the State administrative agencies at the central and local levels;
11. To settle
complaints and denunciations related to public employees according to its
decentralized responsibility and law provisions on complaints and denunciations.
Article
42.- Tasks and powers of the ministries,
ministerial-level agencies and Government-attached agencies
The ministries,
ministerial-level agencies and Government-attached agencies (hereinafter
referred to as ministries for short) have the following tasks and powers:
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2. To organize the
recruitment, training and fostering of public employees under their direct
management;
3. To organize the
recruitment, management and employment of reserve public employees according to
law provisions;
4. To assign the
payroll quotas to State administrative agencies under their direct management;
5. To discharge the
tasks and powers of ministries managing specialized public employee's ranks
under the provisions in Article 44 of this Decree regarding the specialized
public employee's ranks under their management;
6. To organize rank
promotion examinations for public employee' ranks equivalent to or lower than
the specialist rank according to regulations;
7. To organize the
implementation of the salary regime and other entitlement regimes and policies
for their public employees;
8. To commend and
discipline public employees or propose competent authorities to commend and/or
discipline them according to regulations;
9. To organize the
statistical collection and reports on public employees according to regulations;
10. To guide, inspect
and examine the enforcement of the State's regulations on public employees
under the management of the ministries or branches;
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Article
43.- Assignment of agencies to manage
specialized public employee's ranks
The following
ministries and ministerial-level agencies are assigned to manage specialized
public employee's ranks:
1. The Ministry of
Home Affairs shall manage the specialized public employee's ranks in the
administrative and cipher branches;
2. The Ministry of
Finance shall manage the specialized public employee's ranks in the accounting,
tax, audit, customs and reserve branches;
3. The State Bank of
Vietnam shall manage the specialized public employee's ranks in the in the
banking branch;
4. The State
Inspectorate shall manage the specialized public employee's ranks in the
inspection branch;
5. The Ministry of
Justice shall manage the specialized public employee's ranks in the justice branch;
6. The Ministry of
Agriculture and Rural Development shall manage the public employee's ranks in
the agriculture, forestry and irrigation branches;
7. The Ministry of
Post and Telematics shall manage the specialized public employee's ranks in the
post and telematics branch.
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The ministries and
ministerial-level agencies managing specialized public employee's ranks have
the following tasks and powers:
1. To formulate the
professional criteria for specialized public employee's ranks for the Ministry
of Home Affairs to promulgate them uniformly;
2. To prescribe the
contents of recruitment and rank promotion examinations for specialized public
employee's ranks;
3. To work out regimes
and policies for specialized public employees for the Ministry of Home Affairs
to submit them to the Government;
4. To prescribe the
contents, programs and modes of, and organize, the training and fostering of
public employees of specialized public employee's ranks;
5. To organize rank
promotion examinations and grant rank certificates for the specialized public
employee's rans equivalent to the principal-specialist rank assigned to them
for management;
6. To coordinate with
the Ministry of Home Affairs in organizing rank promotion examinations for the
specialized public employee's rank equivalent to the senior-specialist rank
assigned to them for management.
Article
45.- Tasks and powers of the People's
Committees of the provinces and centrally run cities:
The People's
Committees of the provinces and centrally-run cities (hereinafter referred to
as the provincial-level People's Committees for short) have the following tasks
and powers:
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2. To prescribe the
payroll quotas for the administrative agencies of the provincial-level People's
Committees
3. To organize the
recruitment, training and fostering of public employees according to
regulations;
4. To organize the
recruitment, employment and management of reserve public employees according to
regulations;
5. To organize rank
promotion examinations for the junior-staff member, specialist and other
equivalent ranks according to regulations;
6. To organize the
implementation of the salary regime and other entitlement regimes and policies
for their public employees;
7. To commend and
discipline public employees according to their competence or propose competent
authorities to commend and/or discipline them according to regulations;
8. To organize the
statistical collection and reports on public employees according to regulations;
9. To inspect and
examine the enforcement of the State's regulations on public employees at the
administrative agencies under the provincial-level People's Committees;
10. To settle
complaints and denunciations related to public employees according to law
provisions on complaints and denunciations.
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The public
employee-employing agencies have the following tasks and powers:
1. To organize the
implementation of the State's regimes and policies for public employees;
2. To arrange, assign
tasks to public employees and examine their task performance;
3. To propose to the
agencies competent to manage public employees the requirements regarding the
recruitment, appointment, rank promotion, rank shift, transfer, seconding,
training and fostering of public employees;
4. To evaluate public
employees they employ according to regulations;
5. To arrange, assign
tasks to, guide, comment and evaluate, reserve public employees;
6. To commend, reward,
discipline public employees according to their respective competence or propose
competent authorities to commend, reward or discipline them according to
regulations;
7. To guide statistics
and report on the situation of public employees under their respective
management to the superior agencies managing public employees according to
regulations;
8. To settle
complaints and denunciations related to public employees in their agencies.
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The public employee-employing
agencies shall have to compile and keep personal files of public employees. All
developments in the working process of public employees from the time they are
recruited, appointed to the time they give up their jobs must all be recorded in
their files.
The compilation,
management and preservation of public employee's files shall be effected
according to the decentralized management.
Chapter
V
IMPLEMENTATION
PROVISIONS
Article
48.- Implementation effect
1. This Decree takes implementation
effect 15 days after its publication in the Official Gazette and replaces the
Government's Decree No. 95/1998/ND-CP of November 17, 1998 on recruitment,
employment and management of public employees and Decree No. 56/2000/ND-CP of
October 12, 2000 amending Clause 2, Article 6 of the Government's Decree No.
95/1998/ND-CP of November 17, 1998 on recruitment, employment and management of
public employees.
Article
49.- Responsibility for implementation
guidance
1. The Minister of
Home Affairs shall have the responsibility to guide the implementation of this
Decree.
2. The competent
bodies of political organizations shall base themselves on the provisions of
this Decree to guide the application thereof to the bodies of political
organizations and socio-political organizations.
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The ministers, the
heads of the ministerial-level agencies, the heads of the Government-attached
agencies and the presidents of the provincial/municipal People's Committees
shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
Prime Minister