Headlines 27/02/2018 14:07 CH

Regulations on officials and public employees coming into force from March 01, 2018

Nguyễn Liên

THƯ VIỆN PHÁP LUẬT would like to introduce the following noticeable regulations on officials, public employees and administrative agencies, which are coming into force from March 01, 2018.

1. 05 cases where certificate of completion of training course is revoked

On January 08, 2018, the Ministry of Home Affairs promulgated the Circular No. 01/2018/TT-BNV providing guidance on certain articles of the Decree No. 101/2017/ND-CP on provision of training courses for officials and public employees.

According to the Circular, upon the completion of compulsory training courses/ programs, officials and public employees shall have their certificates of completion of training courses revoked in the following cases:

- Committing fraud in course of enrolment or training;

- Issuing a certificate to unqualified learner;

- Issuing a certificate ultra vires;

- Erasing or altering any contents of a certificate;

- Allowing another person to use the certificate.

Officials and public employees committing violations against regulations on printing, issuance, management and use of certificates of completion of training courses shall be liable to disciplinary measures in accordance with the Law on officials and public employees depending on the nature and severity of a certain violation, or face criminal prosecutions if their acts denote crimes.

Additionally, the Circular also provides regulations on organization and provision of overseas training courses for officials and public employees, and standards, duties, working and benefit policies for lecturers working for training course providers.

2. 05 criteria for assessing lecturers in charge of training officials and public employees

The Ministry of Home Affairs promulgated the Circular No. 10/2017/TT-BNV on quality assessment of training courses for officials and public employees

According to the Circular, lecturers who take charge of training officials and public employees shall be assessed according to the following criteria:

- Knowledge, including professional knowledge and practical experience;

- Professional ethics which shall be assessed according to a lecturer’s compliance with internal rules and regulations, and behavior towards learners;

- Responsibility for training course such as grasp of objectives and requirements for a training course, compilation/ preparation of lessons, etc. - Teaching method which shall be evaluated via ways to communicate special subjects, relationship between theory and practice, and use of teaching aids, etc.

- Learner evaluation and examination method which shall be evaluated via the lecturer’s selection of test questions, exact and objective evaluation of learners, etc.

The Circular also provides criteria and indicators for quality assessment of learners, training programs, facilities, training courses, and performance after training.

3. Tenure of head of hamlet or residential neighborhood lasting to 05 years

This is the most noticeable content of the Circular No. 09/2017/TT-BNV on amendments to the Circular No. 04/2012/TT-BNV providing guidance on organization and operation of hamlets and residential neighborhoods.

According to the Circular, the tenure of a head of hamlet or residential neighborhood is 02 years or 05 years depending on decision by the Provincial-level People’s Committee in conformity with local actual situation (current tenure is 02 years 06 months).

In case of establishment of a new hamlet or residential neighborhood, or vacancy for head of hamlet or residential neighborhood, the Chairperson of Communal-level People’s Committee shall appoint a provisional head of hamlet or residential neighborhood to manage activities of that hamlet or residential neighborhood until an official head of hamlet or residential neighborhood is appointed but not later than 06 months from the appointment of that provisional head of hamlet or residential neighborhood. 

According to the Circular, the tenure of deputy head of hamlet or residential neighborhood shall be conformable with the tenure of head of that hamlet or residential neighborhood.

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