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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
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;
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Article
2. Public employees
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
contract 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.
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Professional
activities of public employees are the performance of work or tasks requiring
professional qualifications, capability and skills in a public non-business
unit under the provisions of this Law and other relevant laws.
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.
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4.
Implementation of gender equality and preferential treatment policies of the
State toward public employees who are talented people, ethnic minority people,
people with meritorious services to the revolution and who work in mountainous,
border, island, remote, deep-lying and ethnic minority areas and areas with
extremely difficult socioeconomic conditions, and other preferential treatment
policies of the State toward public employees.
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.
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a/ Public non-business
units assigned with absolute autonomy in task performance, finance, apparatus
organization and personnel (below referred to as autonomous public non-business
units);
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.
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RIGHTS AND OBLIGATIONS
OF PUBLIC EMPLOYEES
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.
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Article
12. Rights of public employees to salaries and salary-related regimes
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.
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1. To carry out
professional activities after working hours stated in working contracts, unless
otherwise provided for by law.
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.
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4. To protect
state secrets; to preserve and protect public assets, and effectively and
thriftily use assigned assets.
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;
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c/ To refrain
from being imperious and authoritarian and harassing the people;
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;
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5. To organize
the implementation of measures to prevent and combat corruption and practice
thrift and combat wastefulness in units they arc assigned to manage.
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
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Section
1 RECRUITMENT
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.
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1 A person who
meets all the following conditions, regardless of nationality, gender, social status,
belief and religion, may register for public employee recruitment:
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:
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b/ Being examined
for penal liability; currently serving a criminal sentence or ruling of the
court or serving the administrative measure of confinement to a medical
treatment establishment, an educational institution or a reformatory.
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
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1. Working
contract with a definite term is a contract whereby the two parties determine
the term or lime of expiration of the contract to be between full 12 months and
36 months. Working contract with a definite term applies to recruited public
employees, except the cases specified at Points d and e. Clause 1. Article 58
of this Law.
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:
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g/ Working lime
and rest time:
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 laws.
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
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2. The probation
period may last from 3 months to 12 months and must be stated in the working
contract.
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
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a/ Public
employees who have been evaluated as not accomplishing tasks for two
consecutive years;
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;
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4. Public
employees working under working contracts with an indefinite term may
unilaterally terminate their contracts provided that they shall notify such in writing
to the heads of their public non-business units at least 45 days in advance;
for public employees who fall sick or have accidents and have received medical
treatment for 6 consecutive months, such notice must be given at least 3 days
in advance.
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.
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Disputes related
to the signing, performance or termination of working contracts shall be
settled under the labor law.
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.
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Article
32. Change of working positions
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:
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b/ Retraining
based on criteria of professional titles;
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.
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3. If. after
training, public employees, who are sent by public non-business units to attend
such training, unilaterally terminate their working contracts or arbitrarily
give up their work, they shall compensate training and retraining expenses
according to the Government's regulations.
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.
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Article
37. Appointment of managerial public employees
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:
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b/ Having
insufficient capability and prestige:
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.
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Public employee
evaluation shall be conducted on the following bases:
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.
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a/ Capabilities
of leadership, management, administration and organization of task performance:
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.
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1. Heads of
public non-business units shall evaluate public employees under their
management.
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
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1. 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.
2. Public
employees are not entitled to job discontinuation allowance if falling into any
of the following cases
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.
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MANAGEMENT OF PUBLIC
EMPLOYEES
Article
47. State management of public employees
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
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3. Ministries
and ministerial-level agencies shall, within the scope of their respective
tasks and powers, perform the state management of public employees.
4.
Provincial-level People's Committees shall, within the scope of their tasks and
powers, perform the state management of public employees.
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;
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g/ Evaluating,
commending and disciplining public employees;
h/ Implementing
the salary regime, entitlements and training and retraining regime for public
employees
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
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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.
3. Ministries
and ministerial-level agencies shall inspect professional activities performed
by public employees in sectors and fields under their respective management.
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:
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b/ Caution:
c/ Demotion;
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.
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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.
The time limit
for disciplining is 2 months. For a case involving complicated circumstances
which take a longer time for inspection and examination to verify, this time
limit, may be prolonged but must not exceed 4 months.
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.
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Article
56. Other provisions concerning disciplined public employees
1. For public
employees who arc reprimanded or cautioned, their salary raise period will be
prolonged for 3 months or 6 months, respectively: if being demoted, their
salary raise period will be prolonged for 12 months while their public
non-business units shall change them to other working positions as appropriate.
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.
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Chapter VI
IMPLEMENTATION
PROVISIONS
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;
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2. The
Government shall detail this Article.
Article
59. Transitional provisions
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.
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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.
This Law was
passed on November 15. 2010, by the XIIth National Assembly of (he
Socialist Republic of Vietnam at its 8th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong