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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
58/2010/QH12
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Hanoi,
November 15, 2010
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LAW
ON PUBLIC EMPLOYEES
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10:
The National Assembly promulgates the Law on Public Employees.
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law
provides for public employees: rights and obligations of public employees;
and
recruitment, employment and management of public employees in public
non-business units.
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Public
employees are Vietnamese citizens recruited according to working positions,
working in public non-business units under working contracts and salaried from
salary funds of public non-business units in accordance with law.
Article 3. Interpretation of terms
In this Law.
the terms below are construed as follows:
1. Managerial
public employee means a person appointed to hold a managerial post for a
specified period, responsible for administering and organizing the performance
of one or more than one work in a public non-business unit but not regarded as
a civil servant, and receiving a managerial-post allowance.
2. Professional
ethics means standard perceptions and behaviors suitable to the specifics
of each Held of professional activity, which are prescribed by competent
agencies or organizations.
3. Code of
conduct means standard conducts of public employees while performing their
tasks and in social relations, which are promulgated by competent state
agencies and suitable to the specifics of work in each field of activity and
made public for public supervision of their compliance.
4. Recruit
means to select persons with qualities, qualifications and capabilities to
work as public employee in public non-business units.
5. Working
contra a means a written agreement between a public employee or a person
recruited to work as public employee and the head of a public non-business unit
on the working position, salary, benefits, working conditions and rights and
obligations of each party.
Article 4. Professional activities of public
employees
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Article 5. Principles in professional activities of public
employees
1. Observance
of law and accountability before law in the course of carrying out professional
activities.
2. Devoted
serving of the people.
3. Compliance
with professional processes and regulations, professional ethics and code of
conduct.
4. Submission
to inspection, examination and supervision by competent agencies and
organizations and by the people.
Article 6. Principles of management of public employees
1. Assurance
of the leadership by the Communist Party of Vietnam and the uniform management
by the State.
2. Assurance
of the right to lake the initiative and enhancement of the responsibility of
heads of public non-business units.
3.
Recruitment, employment, management and evaluation of public employees arc
based on criteria of professional titles, working positions and working
contracts.
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Article 7. Working positions
1. Working
position is a work or task associated with a corresponding professional title
or managerial post, serving as a basis for determining the number and structure
of public employees to be recruited, employed and managed in a public
non-business unit.
2. The
Government shall stipulate principles and methods of determining working
positions and the competence, order and procedures for deciding on the number
of working positions in a public non-business unit.
Article 8. Professional titles
1.
Professional title is the name expressing professional qualification and
capability of public employees in each professional field.
2. The
Ministry of Home Affairs shall assume the prime responsibility for. and coordinate
with concerned ministries and ministerial-level agencies in. stipulating a
system of lists, criteria and codes of professional titles.
Article 9. Public non-business units and organizational
structures to manage their activities
1. Public
non-business unit is an organization established under law by a competent state
agency, a political organization or a socio-political organization, having the
legal person status and providing public services and serving state management
work.
2. Public
non-business units include:
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b/ Public
non-business units not yet assigned with absolute autonomy in task performance,
finance, apparatus organization and personnel (below referred to as
non-autonomous public non-business units).
3. The
Government shall detail criteria for classification of public non-business
units mentioned in Clause 2 of this Article in each non-business area based on
their ability to be autonomous in task performance, finance, apparatus
organization, personnel and scope of operation.
4. Depending
on specific conditions and management requirements on each type of public
non-business units in each sector, the Government shall stipulate the
establishment, structure, functions, tasks and powers of management councils in
public non-business units and relationships between management councils and
heads of public non-business units.
Article 10. Policies on the building and development of
public non-business units and the contingent of public employees
1. The State
shall concentrate on building a system of public non-business units to provide
public services for which the State must take main responsibility in order to
serve the people in health, education, science and other fields in which the
non-public sector is unable to provide these services; and shall assure
provision of basic health and education services in mountainous, border,
island, remote, deep-lying and ethnic minority areas and areas with extremely
difficult socioeconomic conditions.
2. The
Government shall coordinate with competent agencies in directing the planning,
organization and re-arrangement of the system of public non-business units in
the direction of determining domains of restricted development and domains of
prioritized development of these units, ensuring economical, effective and
intensive utilization of human resources in order to improve the quality of
non-business activities. No public non-business units shall be established to
perform only commercial, for- profit services.
3. The
operation mechanism of public non-business units shall be further renovated
towards autonomy, self-responsibility and independent cost-accounting; and the
state management functions of ministries and ministerial- level agencies shall
be separated from the function of administering public non-business units.
4. The State
shall adopt policies to build and develop a contingent of public employees with
professional ethics, qualifications and capabilities to meet the increasing
requirements of the provision of public services; and shall discover, attract,
train, use in important positions and appropriately treat talented people in
order to raise the quality of public services.
Chapter II
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Section 1 RIGHTS OF PUBLIC EMPLOYEES
Article 11. Rights of public employees in professional
activities
1. To he
protected by law when performing professional activities.
2. To be
trained and retrained in order to raise their political, specialized and
professional qualifications.
3. To be
provided with working equipment and working conditions.
4. To be
provided with information about their assigned work or tasks.
5. To decide
on professional matters related to their assigned work or tasks.
6. To decline
to perform work or tasks that is/are contrary to law.
7. Other
rights related to professional activities as provided by law.
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1. To be paid
with salaries matching working positions, professional titles, managerial posts
and results of work or task performance; to enjoy allowances and preferential
policies when working in mountainous, border, island, deep-lying, remote and
ethnic minority areas and areas with extremely difficult socio-economic
conditions or in hazardous and dangerous sectors or occupations or special
non-business fields.
2. To enjoy
overtime and night work pays, working trip allowances and other benefits
according to law and regulations of public non-business units.
3. To enjoy
monetary rewards and be considered for salary raise under law and regulations
of public non-business units.
Article 13. Rights of public employees to rest
1. To take
annual leaves, holidays and leaves for personal reasons under the labor law.
Public employees who do not use any or all of prescribed annual leave days due
to work requirements are entitled to a sum of money for those days on which
they work.
2. Public
employees working in mountainous, border, island, deep-lying and remote areas
and in other special cases may take leave days of 2 years at a time if they so
wish. If wishing to take leave days of 3 years at a time, they shall obtain
consent of the heads of their public non-business units.
3. For
special non-business fields, public employees may take paid leaves as provided
by law.
4. To lake
unpaid leaves for plausible reasons and after obtaining consent of the heads of
their public non-business units.
Article 14. Rights of public employees to do business and
work outside prescribed hours
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2. To sign
with agencies, organizations and units other than their employing public
non-business units piecework contracts which are not banned by law, provided
that they accomplish their assigned tasks and obtain consent of the heads of
their public non-business units.
3. To
contribute capital to but be disallowed to participate in managing and
administering limited liability companies, joint-stock companies, partnerships,
cooperatives, and private hospitals, schools or scientific research institutions,
unless otherwise provided for by law.
Article 15. Other rights of public employees
Public
employees are entitled to commendation, reward and respect; to participate in
economic and social activities: to enjoy incentive housing policies and to be
provided with conditions for studying and carrying out professional activities
at home and abroad under law. If getting injured or dying while performing
assigned work or tasks, they shall be considered for enjoying policies
applicable to war invalids or being recognized as fallen heroes under law.
Section 2: OBLIGATIONS OF PUBLIC EMPLOYEES
Article 16. General obligations of public employees
1. To observe
the line and policies of the Communist Patty of Vietnam and the laws of the
Stale
2. To adopt
health lifestyles, to be honest, industrious, thrifty, incorruptible, upright,
public-spirited and selfless.
3. To have a
sense of organizational discipline and responsibility in professional
activities.; to strictly comply with working regulations and rules of public
non-business units.
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5. To
self-improve and self-train in professional ethics and code of conduct of
public employees.
Article 17. Obligations of public employees in professional
activities
1. To perform
assigned work and tasks to meet time and quality requirements.
2. To
properly collaborate with colleagues in performing their work or tasks.
3. To abide
by work assignments of competent persons.
4. To
constantly leant to improve their professional qualifications and skills.
5. When
serving the people, to observe the following regulations:
a/ To be
polite and respectful toward the people;
b/ To have a sense
of cooperation and adopt modest manners;
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d/ To observe
rules on professional ethics.
6. To carry
out professional activities.
7. Other
obligations as provided by law.
Article 18. Obligations of managerial public employees
Managerial
public employees shall perform the obligations specified in Articles 16 and 17
of this Law and the following obligations:
1. To direct
and organize the performance of tasks of their units according to assigned
responsibilities and competence;
2. To
exercise democracy and preserve unity and professional ethics in units they are
assigned to manage;
3. To take
responsibility or joint responsibility for professional activities carried out
by public employees under their management;
4. To build
and develop human resources; to manage and effectively use physical facilities
and financing sources in units they are assigned to manage;
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Article 19. Prohibitions on public employees
1. Shirking
responsibility or refusing to discharge assigned work or tasks; sowing
factionalism and disunity: quitting jobs arbitrarily: going on strike.
2. Illegally
using assets of agencies, organizations, units and the people in contravention
of law.
3.
Discriminating in any form against nationality, gender, social strata, beliefs
and religions.
4. Taking
advantage of professional activities to conduct propaganda against the line and
policies of the Party and the laws of the State or to the detriment of the fine
traditions and customs and cultural and spiritual life of the people and
society.
5. Hurting
the honor, dignity and prestige of others when carrying out professional
activities.
6. Other
prohibitions as provided by the Law Against Corruption, the Law on Thrift
Practice and Wastefulness Combat and other relevant laws.
Chapter III
RECRUITMENT AND EMPLOYMENT
OF PUBLIC EMPLOYEES
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Article 20. Recruitment bases
Recruitment
of public employees must be based on work demand, working positions, criteria
of professional titles and salary funds of public non-business units.
Article 21. Recruitment principles
1. Ensuring
publicity, transparency, equality, objectivity and legality.
2. Ensuring
competitiveness.
3. Selecting
right persons who meet requirements of working positions.
4. Enhancing the
responsibility of heads of public non-business units.
5. Giving
priority to talented people, people with meritorious services to the revolution
and ethnic minority people.
Article 22. Recruitment registration conditions
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a/ Bearing
Vietnamese citizenship and residing in Vietnam:
b/ Reaching
full 18 years of age. For a number of areas of cultural activity, arts.
physical training and spoils, the age eligible for recruitment may be lower as
provided by law with written consent of at-law representatives:
c/ Filing an
application for recruitment:
d/ Having a
clear personal background;
e/ Possessing
diplomas, training certificates or practice certificates or aptitude and skills
relevant to the working position for which he/she applies:
f/ Being
physically fit for work or tasks;
g/ Meeting
other conditions required by the working position for which he/she applies and
determined by the public non-business unit, which must not be contrary to law.
2. The
following persons may not register for public employee recruitment:
a/ Having
lost civil act capacity or having such capacity restricted;
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Article 23. Recruitment methods
Recruitment
of public employees shall be conducted through examination or selection.
Article 24. Organization of recruitment
1. For
autonomous public non-business units, their heads may recruit public employees
and take responsibility for their decisions.
For
non-autonomous public non-business units, their managing agencies shall recruit
public employees or authorize heads of such units to recruit public employees.
2. Based on
recruitment results, heads of public non-business units shall sign working
contracts with recruited public employees.
3. The
Government shall detail contents of recruitment of public employees provided in
this Law.
Section 2 WORKING CONTRACTS
Article 25. Types of working contracts
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2. Working
contract with an indefinite term is a contract w hereby the two parties do not
determine the term or time of expiration of the contract. Working contract with
an indefinite term applies to public employees who have completed working
contracts with a definite term and to cadres and civil servants convened into
public employees under Points d and e. Clause 1. Article 58 of this Law.
Article 26. Contents and forms of working contracts
1. A working contract
has the following principal contents:
a/ Names and
addresses of the public non-business unit and its head;
b/ Full name,
address and date of birth of the recruited person, and full name, address and
date of birth of the at-law representative of the recruited person, in case the
recruited person is under 18 years old:
c/ Work or
tasks, working position and workplace;
d/ Rights and
obligations of the parties;
e/ Type of
the working contract, its term and conditions for its termination:
f/ Salary,
bonus and other entitlements (if any);
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h/ Probation
regime (if any);
i/ Working
conditions and matters related to labor protection:
j/ Social
insurance and health insurance:
k/ Effect of
the working contract:
1/ Other
commitments associated with the nature and characteristics of the sector or
field and special conditions of the public non-business unit, which must not be
contrary to this Law and other relevant law s.
2. A working
contract shall be signed in writing between the head of a public non-business
unit and the recruited public employee and made in 3 copies, one of which shall
be handed to the public employee.
3. For
professional titles required by law to be appointed by the superiors of public
non-business units, the signing of working contracts must be consented to by
such superiors.
Article 27. Probation regime
1. A
recruited public employee must undergo the probation regime, except those who
have at least full 12 months of performing professional work relevant to the working
positions for which they are recruited.
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3. The
Government shall detail the probation regime.
Article 28. Change of contents, renewal, suspension and
termination of working contracts
1. In the
course of performing a working contract, if either party requests to change the
contents of the contract, it shall inform the other party at least 3 working
days in advance. When so agreed, the panics shall modify and/ or supplement the
relevant contents of the working contract. While conducting negotiations, the
parties shall still comply with the signed working contract. If negotiations
fail, the parties shall continue performing the signed working party or agree
to terminate it.
2. For a
working contract with a definite term, 60 days before its expiration, the head
of the public non-business unit shall base himself/herself on the demand of
his/her unit and his/her evaluation of the performance of the public employee
concerned, to decide to renew or terminate the working contract with the public
employee.
3. The
suspension or termination of a working contract complies with the labor law.
4. When a
public employee moves to work for another agency, organization or unit, his/
her working contract will terminate and he/ she wilt have regimes and policies
settled under law;
5. When a
public employee is appointed by a competent authority to hold a post in the
public non-business units in which, as provided for by law. he/she will work as
a civil servant, or receives a retirement decision, his/her working contract
will automatically terminate.
Article 29. Unilateral termination of working contracts
1. Public
non-business units may unilaterally terminate working contracts with public
employees in the following cases:
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b/ Public
employees who are sacked under Point d. Clause 1. Article 52 or Clause 1,
Article 57 of this Law;
c/ Public
employees working under working contracts with an indefinite term who fall sick
and have received medical treatment for 12 consecutive months; public employees
working under working contracts with a definite term who fall sick and have
received medical treatment for 6 consecutive months but still cannot
rehabilitate their working capacity. When their health recovers, these public
employees may be considered for renewing their working contracts;
d/ Due to
natural disasters, fires or other force majeure events as stipulated by
the Government, public non-business units cannot but narrow their scope of
activity, which makes redundant working positions held by public employees;
e/ Public
non-business units terminate operations under decisions of competent agencies.
2. When
unilaterally terminating a working contract, except the case specified at Point
b. Clause 1 of this Article, the head of the public non-business unit shall
notify such to the public employee concerned at least 45 days in advance, for working
contracts with an indefinite term, or at least 30 days in advance, for working
contracts with a definite term. For a public employee recruited by the managing
agency of a public non-business unit, the unilateral termination of his/her
working contract shall be decided by the head of the public non-business unit
after obtaining written consent of the managing agency.
3. The head
of a public non-business unit may not unilaterally terminate the working
contract with public employees in the following cases;
a/ Public
employees who fall sick or have accidents or are receiving medical treatment
for occupational diseases under decisions of medical treatment establishments,
except the case specified at Point c. Clause 1 of this Article;
b/ Public
employees who are on annual leave, leave for personal reasons and other reasons
permitted by heads of public non-business units;
c/ Female
public employees who are pregnant, on maternity leave or nursing under
36-months babies, except when their public non-business units terminate
operation.
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5. Public
employees working under working contracts with a definite term may unilaterally
terminate their contracts in the following cases:
a/ They arc
employed in working positions or workplaces or provided with working conditions
not as agreed in their working contracts:
b/ They are
paid with salaries lower than the level or later than the time agreed in their
working contracts;
c/ They are
maltreated or forced to work;
d/ They or
their families meet so great difficulties that they cannot continue performing
their contracts;
e/ Female
public employees get pregnant and have to lake leave as prescribed by a medical
treatment establishment;
f/ They fall
sick or have accidents and have received medical treatment for 3 or more
consecutive months but cannot rehabilitate their working capacity.
6. Public
employees shall notify in writing their unilateral termination of their working
contracts to the heads of their public non-business units at least 3 days in
advance for the cases specified at Points a. b. c, e and f, Clause 5 of this
Article; or at least 30 days in advance for the cases specified at Point d.
Clause 5 of this Article.
Article 30. Settlement of disputes over working contracts
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Section 3: APPOINTMENT. CHANGE OF PROFESSIONAL TITLES. CHANGE
OF WORKING POSITIONS OF PUBLIC EMPLOYEES
Article 31. Appointment and change of professional titles
1.
Appointment of public employees to hold professional titles must adhere to the
following principles:
a/
Professional title matches working position:
b/ The public
employee satisfies all criteria of the professional title which he/she is
appointed to hold.
2. Change of
professional tiles of public employees shall be effected through examination or
selection on the principles of equality, publicity, transparency, objectivity
and legality.
3. Public
employees may register for examination or selection to change their
professional titles if their public non-business units so need and they meet
all conditions and criteria as provided by law.
4. The
Government shall specify the process and procedures for examination or
selection and appointment of public employees to hold professional titles; and
assign and delegate the examination, selection or appointment of public employees
to professional titles.
Ministries
and ministerial-level agencies assigned to perform the state management of
fields of operation of public employees shall assume the prime responsibility
for, and coordinate with the Ministry of Home Affairs in, specifying criteria
of professional titles and conditions for examination or selection to change
professional titles of public employees.
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1. When their
public non-business units need, public employees may change to new working
positions if they meet all professional criteria of such working positions.
2. The
selection of public employees for vacant working positions shall be performed
by heads of public non-business units or agencies competent to manage public
non-business units on the principles of equality, publicity, transparency,
objectivity and legality.
3. When a
public employee changes to a new working position, his/her working contract
shall be modified and/or supplemented or his/her professional title changed under
Clause 1, Article 28. and Article 31 of this Law.
Section 4 TRAINING AND RETRAINING
Article 33. Regime of training and retraining of public
employees
1. Training
and retraining shall be provided for public employees before appointment to
managerial posts or change of professional titles or in order to supplement and
update knowledge and skills necessary for professional activities.
2. The
contents, program, forms and durations of training and retraining public
employees must be based on criteria of managerial posts, professional titles
and requirements of supplementing and updating knowledge and skills necessary
for professional activities.
3. Forms of
training and retraining:
a/ Training
and retraining based on criteria of managerial posts:
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c/ Retraining
to supplement and update knowledge and skills necessary for professional
activities.
4. Ministries
and ministerial-level agencies assigned to perform the stale management of
fields of operation of public employees shall detail the contents, program,
forms and durations of training and retraining for public employees working in
sectors and fields under their respective management.
Article 34. Responsibilities for training and retraining
public employees
1 Public
non-business units shall make and implement public employee training and
retraining plans.
2. Public
non-business units shall create conditions for public employees to attend
training and retraining.
3. Public
employee training and retraining funds shall be assured by public employees,
financial sources of public non-business units and other sources.
Article 35. Responsibilities and benefits of public employees
in training and retraining
1. Public
employees attending training and retraining shall strictly observe training and
retraining regulations and submit to the management of training and retraining
institutions.
2. Public
employees attending training and retraining are entitled to salaries and
allowances in accordance with law and regulations of public non-business units;
the training and retraining durations may be included in the continuous working
period considered for salary raise.
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Section 5: SECONDMENT APPOINTMENT AND RELIEF OF DUTY
Article 36. Secondment of public employees
1. Secondment
of public employee is the transfer of a public employee of a public
non-business unit to work at another agency, organization or unit according to
task requirements for a specified period. Heads of public non-business units or
competent agencies managing public non-business units shall decide on the
secondment of public employees.
2. The period
of secondment is 3 years at most, except for a number of sectors and fields as
stipulated by the Government.
3. Secondees
shall comply with work assignment and management by agencies, organizations or
units they are seconded to.
4. During the
period of secondment, seconding public non-business units shall assure salaries
and other benefits for secondees.
5. Secondees
working in mountainous, border, island, deep-lying, remote, ethnic minority
areas or areas with extremely difficult socio-economic conditions are entitled
to support policies as stipulated by the Government.
6. At the end
of the period of secondment, secondees may return to their former units. Heads
of seconding public non-business units shall receive them back and arrange jobs
suitable to their qualifications and skills.
7. Secondment
is not applicable to female public employees who are pregnant or nursing under
36-months-old babies.
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1.
Appointment of managerial public employees must be based on needs of public
non-business units, criteria and conditions of managerial posts and ensure the
competence, order and procedures prescribed for appointment.
2. Based on
specific conditions of public non-business units, appointed public employees
may hold managerial posts for 5 years at most. While holding managerial posts,
public employees are entitled to managerial-post allowance, and may participate
in professional activities according to their appointed professional lilies.
3. At the end
of the period of holding managerial posts, public employees may be considered
for reappointment. In case public employees are not reappointed, authorities
with appointing competence shall arrange them in working positions according to
their work demand and suitable to their professional qualifications and skills.
4. Public
employees who are transferred to other working positions or appointed to new
managerial posts will automatically stop holding the current managerial posts,
except for cases of holding both concurrently.
5. Heads of
public non-business units shall decide or propose competent authorities to
decide according to management decentralization to appoint public employees to
managerial posts.
6. The
Government shall detail this Article.
Article 38. Resignation from managerial posts or relief of
duty for public employees
1. Managerial
public employees may ask for permission to resign from their managerial posts
or be relieved of duty in the following cases:
a/ Being
physically unfit;
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c/ Due to
task requirements'.
d/ For other
reasons.
2. Pending
approval of heads of their public non-business units or competent authorities,
managerial public employees who ask for permission for resignation shall
continue discharging their tasks and powers.
3. Heads of
public non-business units or competent authorities shall arrange public
employees who have been permitted for resignation or relief of duty in working
positions according to their work demand and suitable to their professional
qualifications and skills.
4. The
competence, order and procedures for considering and deciding on resignation or
relief of duty of managerial public employees comply with the provisions of
law.
Section 6: EVALUATION OF PUBLIC EMPLOYEES
Article 39. Purpose of public employee evaluation
Public
employee evaluation aims to provide a basis for further arranging, employing,
appointing, relieving of duty, training, retraining, commending, rewarding,
disciplining and implementing regimes and policies towards public employees.
Article 40. Public employee evaluation bases
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1.
Commitments in signed working contracts;
2.
Regulations on professional ethics and code of conduct of public employees.
Article 41. Contents of public employee evaluation
1. Public
employees shall be evaluated based on the following:
a/ Performance
of work or tasks under signed working contracts;
b/ Observance
of rules on professional ethics:
c/ Sense of
responsibility, attitude in serving the people and sense of collaboration with
colleagues, and observance of the code of conduct of public employees:
d/
Performance of other obligations of public employees.
2. In
addition to the contents provided in Clause I of this Article, managerial
public employees shall be evaluated based on:
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b/ Results of
operation of units they are assigned to lead and manage.
3. Public
employees shall be evaluated annually; upon the end of the probation period;
before renewal of working contracts, change of working positions, consideration
for commendation, disciplining, appointment, reappointment, planning, training
and retraining.
Article 42. Evaluation-based categorization of public
employees
Annually,
based on evaluation contents, public employees shall be put into the following
categories:
1. Excellent
accomplishment of tasks;
2. Good
accomplishment of tasks:
3.
Accomplishment of tasks:
4.
Non-accomplishment of tasks.
Article 43. Public employee evaluation responsibility
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2. Depending
on specific conditions, heads of public non-business unit may personally
evaluate public employees under their management or assign or delegate such
evaluation. Persons assigned to evaluate public employees shall take
responsibility for evaluation results before heads of public non-business
units.
3. Persons
with appointing competence shall evaluate managerial public employees in public
non-business units.
4. The
Government shall detail the order and procedure for evaluating public employees
under this Article.
Article 44. Notification of results of evaluation and
categorization of public employees
1. Contents
of evaluation of public employees shall be notified to public employees
concerned.
2. Results of
categorization of public employees shall be made public in public non-business
units.
3. If
disagreeing with evaluation and categorization results, public employees may
lodge complaints with competent authorities.
Section 7: JOB DISCONTINUATION AND RETIREMENT REGIMES
Article 45. Job discontinuation regime I. When terminating
working contracts, public employees are entitled to job discontinuation
allowance, job loss allowance or social insurance benefits under the labor law
and social insurance law. except the cases specified in Clause 2 of this
Article.
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a/ Being
sacked:
b/
Unilaterally terminating working contracts in violation of Clauses 4. 5 and 6,
Article 29 of this Law;
c/
Terminating working contracts under Clause 5, Article 28 of this Law.
Article 46. Retirement regime
1. Public
employees are entitled to the retirement regime under the labor law and social
insurance law.
2. Six months
before the date a public employee is due to retire, his/her managing agency,
organization or unit shall notify in writing the public employee of the time of
his/her retirement: three months before a public employee is due to retire,
his/her managing agency, organization or unit shall issue a decision on his/her
retirement.
3. Public
non-business units may sign piecework contracts with retired persons if they
need and such person aspire: when performing such contracts, in addition to
contractual remuneration, such persons are entitled to a number of regimes and
policies on management mechanism and assurance of conditions for professional
activities as stipulated by the Government.
Chapter IV
MANAGEMENT OF PUBLIC
EMPLOYEES
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1. The
Government shall perform the uniform management of public employees.
2. The
Ministry of Home Affairs shall take responsibility before the Government for
performing the state management of public employees, and have the following
duties and powers:
a/
Elaborating and promulgating according to its competence or submitting to
competent agencies for promulgation legal documents on public employees:
b/ Assuming
the prime responsibility for, and coordinating with ministries and
ministerial-level agencies in. elaborating plannings and plans on the building
and development of the contingent of public employees and submitting them to
competent authorities for decisions:
c/ Assuming
the prime responsibility for, and coordinating with ministries and
ministerial-level agencies in, promulgating a system of lists, criteria and
codes of professional titles:
d/ Managing
statistical work on public employees: guiding the elaboration and management of
public employee files; developing and operating the national database on public
employees;
e/ Inspecting
and examining the stale management of public employees
f/ Annually
reporting to the Government on the contingent of public employees.
3. Ministries
and ministerial-level agencies shall, within the scope of their respective
tasks and powers, perform the state management of public employees.
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Article 48. Management of public employees
1. Contents
of management of public employees include:
a/
Determining working positions;
b/ Recruiting
public employees;
c/ Signing
working contracts;
d/ Appointing
to and changing professional titles;
e/ Changing
working positions, seconding, terminating working contracts, settling job
discontinuation;
f/ Appointing
and relieving of duty managerial public employees: arranging and employing
public employees based on work demand:
g/
Evaluating, commending and disciplining public employees;
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i/ Compiling
and managerial public employee files, implementing the regime of reporting on
management of public employees within the scope of management.
2. Autonomous
public non-business units shall perform the contents of management specified in
Clause 1 of this Article. Heads of public non-business units shall report to
their superiors on the management and employment of public employees in their
units.
For
non-autonomous public non-business units, agencies competent to manage such
units shall manage their public employees or delegate the contents of
management specified in Clause 1 of this Article to such public non-business
units.
3. The
Government shall detail this Article.
Article 49. Complaints and settlement of complaints about
decisions related to public employee management
Complaints
and settlement of complaints lodged by public employees about decisions of
heads of public non-business units or competent authorities involved in public
employee management comply with the provisions of law.
Article 50. Examination and inspection
1. Agencies
competent to manage public non-business units shall inspect and examine the
recruitment, employment and management of public employees in public
non-business unit assigned to them for management.
2. The
Ministry of Home Affairs shall inspect the recruitment, employment and
management of public employees in accordance with this Law and other relevant
laws.
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Chapter V
COMMENDATION, AND
HANDLING OF VIOLATIONS
Article 51. Commendation
1. Public
employees who record merits. make achievements and contributions in work and
professional activities shall be commended and honored under the law on
emulation and commendation.
2. Public
employees who are commended for special merits or achievements shall be
considered for ahead-of-schedule or special salary raise according lo the
Government's regulations.
Article 52. Forms of disciplining public employees
1. Public
employees who violate law in the course of performing work or tasks shall,
depending on the nature and seriousness of violations, face any of the
following disciplinary forms:
a/ Reprimand;
b/ Caution:
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d/ Sack.
2. Public
employees who are disciplined in any of the forms specified in Clause 1 of this
Article may be also restricted from carrying out professional activities under
relevant provisions of law.
3. Demotion
applies only to managerial public employees.
4.
Disciplining decisions shall be filed in public employee files.
5. The
Government shall stipulate the application of disciplinary forms, and the
order, procedures and competence to discipline public employees.
Article 53. Statute of limitations and lime limits for
disciplining
1. Statute of
limitations for disciplining is a time limit prescribed by this Law at the end
of which a public employee who has committed a violation will not be
disciplined.
The statute
of limitations for disciplining is 24 months, counting from the date of
committing a violation.
2. The time
limit for disciplining a public employee is a period from the time of detecting
a public employee's violation to the time of issuance of a disciplining
decision by competent authorities.
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3. For a
public employee against whom a criminal case was instituted or who was
prosecuted or decided to be brought to trial according to criminal procedures
but then his/ her investigation or criminal case is terminated under a
decision, if his/her act of violation shows signs of breach of discipline,
he/she shall be considered for being disciplined; within 3 working days after
the date the investigation or case termination decision is issued, the decision
issuer shall send the decision and related documents to the unit managing such
public employee for considering disciplining him/her.
Article 54. Work suspension
1. While
considering disciplining a public employee, if seeing that his/her continued
work may cause difficulties to the consideration and disciplining, the head of
the public non-business unit may issue a decision to suspend his/her work. The time
limit for work suspension is 15 days and may be extended in necessary cases but
must not exceed 30 days. Past the period of work suspension, if the public
employee is not disciplined, he/she shall be arranged back to his/her old
working position.
2. In the
period of work suspension, public employees are still entitled to salaries
under the Government's regulations.
Article 55. Compensation and refunding responsibilities
1. Public
employees who cause loss of or damage to equipment or otherwise cause damage to
assets of their public non-business units shall pay compensations for such
damage.
2. Public
employees who, while performing assigned work or tasks, arc at fault in causing
damage to other persons for which their public non-business units have to pay
compensations, are obliged to refund such compensations lo their public
non-business units.
The
Government shall detail the determination of amounts to be refunded by public
employees.
Article 56. Other provisions concerning disciplined public
employees
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2. Public
employees who are disciplined in the form of from reprimand to demotion are not
entitled to personnel planning, training, retraining and appointment for 12
months from the effective date of their disciplining decisions.
3. Public
employees who are being examined for disciplining, investigated, prosecuted or
tried may not be appointed, seconded, trained or retrained, retire or
discontinue their work.
4. Managerial
public employees who have been demoted on the ground of acts of corruption or a
court sentence for acts of corruption may not be appointed to managerial posts.
5. For public
employees who arc banned or restricted from carrying out professional
activities for a specified period under decisions of competent agencies but are
not sacked, their public non-business units shall place them in other working
positions not related to banned or restricted professional activities.
6. Public
employees who arc disciplined, suspended from work or are obliged to pay
compensations or refunds under decisions of their public non-business units may
lodge complaints, denunciations or request settlement thereof according to law-
established order if they see that such decisions are unsatisfactory.
Article 57. Provisions on public employees examined for penal
liability
1. Public
employees who arc sentenced to imprisonment by courts and do not have such
sentences suspended or arc convicted by the court for acts of corruption shall
be sacked from the date the court judgments or rulings take legal effect.
2. Managerial
public employees who are declared guilty by courts will automatically cease to
hold their managerial posts from the dale the court judgments or rulings take
legal effect.
Chapter VI
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Article 58. Conversion between public employees and cadres
and civil servants
1. Conversion
between public employees and cadres and civil servants shall be effected as
follows:
a/
Recruitment of public employees to work as civil servants must comply with the
law on cadres and civil servants. A public employee who has worked at a public
non-business unit for full 5 years or longer may be considered for conversion
into a civil servant without having to sit any examination:
b/ For a
public employee who is admitted and appointed to a working position for which
he/she is regarded under law as a civil servant, his/her admission and
appointment is concurrently the recruitment decision;
c/ A public
employee who is appointed to hold a post in the leading and managerial
apparatus of a public non-business unit for which he/she is regarded under law
as a civil servant shall be appointed to a civil servant rank corresponding to
his/her working position and enjoy a salary he/she is receiving under the salary
regime of the public non-business unit while still retaining his/her appointed
professional title, and may carry out professional activities under this Law
and other relevant laws.
d/ Cadres and
civil servants may be converted into public employees at public non-business
units when meeting the conditions specified in this Law;
e/ Civil
servants in the leading and managerial apparatus of a public non-business unit
who are not re-appointed at the end of the period of appointment but still work
in much public non-business units, may change to work as public employees in
working: positions relevant to their professional qualifications and skills;
f/ The
process of contribution and working period of public employees before changing
to work as cadres or civil servants and vice versa, shall be taken into account
when implementing the contents related to training, retraining, commendation
and other benefits.
2. The
Government shall detail this Article.
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1. Public
employees who were recruited before July 1. 2003, have the rights and
obligations and shall be managed like public employees working under working
contracts with an indefinite term provided in this Law. Public non-business
units shall complete procedures to ensure the interests, benefits and policies
on job stabilization, salary regime and other interests which they are
enjoying.
2. Public
employees who are recruited from July 1, 2003, to the effective date of this Law,
continue to perform working contracts already signed with their public
non-business units, and have the rights and obligations and shall be managed
under this Law.
3. The
Government shall detail this Article.
Article 60. Application of the Law on Public Employees to
other entities
The
Government shall stipulate the application of the Law on Public Employees to
those working in public non-business units belonging to
socio-politico-professional organizations, social organizations,
socio-professional organizations, public non-business units and one-member
limited liability companies owned by the State.
Article 61. Effect
This Law
takes effect on January 1. 2012.
Article 62. Implementation detailing and guidance
The
Government shall detail and guide articles and clauses of this Law as assigned:
and guide other necessary provisions of this Law to meet state management
requirements.
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CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong