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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
29/2012/ND-CP
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Hanoi,
April 12, 2012
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DECREE
ON RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF PUBLIC
EMPLOYEES
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 15,
2010 Law on Public Employees;
At the proposal of the Minister
of Home Affairs;
The Government promulgated this
Decree on recruitment, employment and management of public employees,
Chapter I
GENERAL PROVISIONS
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This Decree provides the recruitment,
arrangement, assignment, change and professional title rank promotion;
training, retraining; secondment, appointment, relief from duty; evaluation;
resignation, retirement and competence for management of public employees in
public non-business units.
Article 2.
Interpretation of terms
In this Decree, the terms below are
construed as follows:
1. Probation regime means
regulations relevant to the process for a newly recruited public employee to get
acquainted with the working environment and learn to perform jobs of his/her
working position associated with the professional title to which he/she will be
appointed as stated in his/her working contract.
2. Change of professional title
means the appointment of a public employee to another professional title to
better suit the professional requirements of his/her current working position.
3. Professional title rank means
the level showing professional qualifications and capability of a public
employee in each sector or field.
4. Professional title rank
promotion means the appointment of a public employee to a higher professional
title rank in the same sector or field.
Article 3.
Classification of public employees
1. By working position, public
employees are classified as follows:
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b/ Non-managerial public employees,
including persons performing only professional jobs according to their professional
titles in public non-business units.
2. By professional title, public
employees in each professional field are classified into the following ranks in
descending order:
a/ Public employees holding
professional titles of rank I;
b/ Public employees holding
professional titles of rank II;
c/ Public employees holding
professional titles of rank III;
d/ Public employees holding
professional titles of rank IV.
Chapter II
RECRUITMENT OF PUBLIC
EMPLOYEES
Section 1:
RECRUITMENT CONDITIONS AND COMPETENCE
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1. A person wishing to register for
recruitment must possess all qualities, professional qualifications and
capabilities as required by working positions and professional titles and have
all the conditions for recruitment registration specified in Article 22 of the
Law on Public Employees.
2. Public non-business units may
add other conditions as required by working positions specified at Point g,
Clause 1, Article 22 of the Law on Public Employees, provided these conditions
are not contrary to law and are approved by competent agencies managing these
units before application.
Article 5.
Competence to recruit public employees
1. Heads of autonomous public
non-business units defined at Point a, Clause 2, Article 9 of the Law on Public
Employees shall organize the recruitment of public employees and may decide to
recruit public employees through examination or selection.
2. For non-autonomous public
non-business units defined at Point b, Clause 2, Article 9 of the Law on Public
Employees, agencies or units competent to appoint or relieve from office heads
of these units shall organize the recruitment or decentralize public
non-business units under their management to organize the recruitment of public
employees; and may decide to recruit public employees through examination or
selection or authorize other persons to do so.
3. Heads of non-business units of
governmental agencies shall organize the recruitment of public employees or
decentralize other units to do so; and may decide to recruit public employees
through examination or selection.
4. Annually, public non-business
units shall work out their public employee recruitment plans, then submit them
to competent authorities for approval or decide on them according to their
competence before organizing the implementation.
5. The Ministry of Home Affairs
shall promulgate rules and regulations on examination or selection for public
employee recruitment.
Article 6.
Public employee recruitment councils
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a/ The council chairman who is the
head or a deputy head of the public non-business unit;
b/ The council vice chairman who is
the person in charge of organization and personnel work of the public
non-business unit;
c/ The council secretary who is a
public employee acting as an organization and personnel assistant of the public
non-business unit;
d/ Other members who have
professional qualifications relevant to vacant positions.
2. For a public non-business units
not yet assigned to recruit public employees, a public employee recruitment
council shall be set up with 5 or 7 members, including:
a/ The council chairman who is
decided by the head of the agency competent to recruit public employees;
b/ The council vice chairman who is
the head or a deputy head of the public non-business unit;
c/ The council secretary who is the
representative of the organization and personnel section of the agency
competent to recruit public employees;
d/ Other members who have
professional qualifications relevant to vacant positions.
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a/ To set up assisting divisions,
including: examination question division, examination invigilation division,
examination paper heading division, examination paper marking division,
examination paper review division, and inspection and testing division;
b/ To collect and use recruitment
fees in accordance with law;
c/ To organize the examination and
marking of examination papers or to hold tests;
d/ To settle complaints and
denunciations arising in the course of examination or selection for public
employee recruitment in accordance with law.
Section 2:
EXAMINATION FOR PUBLIC EMPLOYEE RECRUITMENT
Article 7.
Contents and form of examination
1. Candidates shall take exams on
general knowledge and professional knowledge and skills. Office computer skill
and foreign language tests for public employee candidates shall be held
according to professional title criteria and requirements of working positions.
2. General knowledge exam: Written
exam on the law on public employees; the Party's undertakings, line and
policies and the State's laws and basic knowledge about the sector or field in
which recruited public employees will work.
3. Professional knowledge and skill
exam consists of written or multiple-choice exam and practical skill test.
Heads of agencies competent to recruit public employees may decide on the
form and contents of examination to meet requirements of working positions.
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4. Foreign language test: Test in
one of the five foreign languages of English, Russian, French, German and
Chinese or another foreign language according to professional title criteria to
meet requirements of working positions.
In case working positions require
the use of ethnic minority languages, candidates shall take an ethnic minority
language test instead of foreign language test. Heads of agencies competent to
recruit public employees may decide on the form and contents of ethnic minority
language test.
5. Computer skill test: Test of
practical computer skills on computers or multiple-choice test according to
professional title criteria to meet requirements of working positions.
6. Based on their practical
capability and conditions, agencies, organizations or units competent to
recruit public employees shall decide to give written or on-computer exams and
tests.
Article 8.
Conditions for exemption from some test subjects
A registered candidate may be
exempt from taking a foreign language or computer skill test in the following
cases:
1. He/she may be exempt from taking
a foreign language test in case the professional knowledge and skill exam is
not on foreign language if meeting any of the following conditions:
a/ Possessing a university or
postgraduate degree in foreign languages;
b/ Possessing a university or
postgraduate degree of a foreign university or a Vietnam-based institution
providing training in foreign languages.
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Article 9.
Marking method
1. Exam papers and tests shall be
marked on a 100-point scale.
2. Points of exam papers and tests
shall be calculated as follows:
a/ For general knowledge exam:
Coefficient 1;
b/ For professional knowledge and
skill exam: Coefficient 1 for written or multiple-choice exam, and coefficient
2 for practical skill test.
3. Examination results are total
points of the general knowledge exam and professional knowledge and skill exam.
For candidates taking foreign language or ethnic minority language and office
computer skill tests, results of these tests are regarded as conditional points
which are not counted into total examination points, unless professional
knowledge and skill exams are on foreign language and computer skills.
Article 10.
Identification of persons who pass examinations for public employee recruitment
1. To be regarded as passing an
examination for public employee recruitment, a candidate must have taken all
exams and tests specified in Article 9 of this Decree, getting 50 points or
more for each exam or test, and be recruited on the following principle:
Persons with higher examinations points will be recruited till the last of the
number of persons to be recruited for each working position.
2. In case there are two or more
persons having equal examination results for the last working position, the
person with the highest total points of professional knowledge and skill exams
will be recruited. If total points of professional knowledge and skill exams
and test of these persons are the same, the head of the agency competent to
recruit public employees shall decide to recruit one of them according to the
following order of priority:
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b/ War invalid;
c/ Person entitled to preferential
policies like war invalids;
d/ Fallen hero's child;
e/ War invalid's child;
f/ Child of a person entitled to
preferential policies like war invalids;
g/ Ethnic minority person;
h/ Former youth volunteer;
i/ Voluntary youth intellectual
team member who has participated in the development of rural and mountainous
areas for full 24 months or more and fulfilled his/her tasks.
j/ Person who has fulfilled the
military service;
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3. In case the order of priority
specified in Clause 2 of this Article does not help identify the last person to
be recruited, the head of the agency competent to recruit public employees
shall directly interview persons having equal examination results and decide on
the person to be recruited.
4. Results of an examination are
not reserved for subsequent examinations.
Section 3:
SELECTION FOR PUBLIC EMPLOYEE RECRUITMENT
Article 11.
Contents of selection for public employee recruitment
Consideration of study results,
including study marks and graduation marks of candidates.
Examinations and tests in the form
of interviews or testing of professional knowledge and practical skills of
candidates.
Article 12.
Marking method
1. Study marks are the average of
results of study subjects in the whole study course of a candidate at the level
and with professional qualifications required by the working position and
converted on a 100-point scale with coefficient 1.
2. Graduation marks are the average
of results of graduation examination subjects or graduation dissertation
defense marks of a candidate and converted on a 100-point scale with
coefficient 1.
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4. Interview or practical skill
marks shall be given on a 100-point scale with coefficient 2.
5. Results of selection are the
total of study marks, graduation marks and interview marks calculated under
Clauses 1, 2 and 4 of this Article.
For candidates who have been
trained in the study credit system, their selection results are total marks
calculated under Clauses 3 and 4 of this Article.
Article 13.
Identification of persons who are recruited through public employee selection
1. To be recruited through public
employee recruitment selection, a candidate must fully satisfy the following
conditions:
a/ Getting study, graduation and
interview or practical skill marks of 50 points or higher each;
b/ Having better recruitment
selection results till the last of the number of public employees to be
recruited for each working position.
2. In case there are two or more
persons having equal recruitment selection results for the last vacant working
position, the person with higher interview or practical skill marks will be
recruited. If these persons' interview or practical skill marks are equal, the
head of the agency competent to recruit public employees shall decide to
recruit one of them according to the order of priority specified in Clause 2,
Article 10 of this Decree.
3. In case the order of priority
mentioned in Clause 2 of this Article does not help identify the last person to
be recruited, the head of the agency competent to recruit public employees
shall decide on such person.
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Article 14.
Exceptional selection for recruitment
1. Based on the conditions for
recruitment registration specified in Article 4 of this Decree and requirements
of public non-business units, heads of agencies competent to recruit public
employees shall consider and decide on exceptional recruitment selection not
according to the order and procedures for public employee recruitment specified
in Articles 15, 16 and 17, Section 4 of this Chapter for the following
candidates:
a/ Persons with at least 3 years'
working experience in the sector or field with recruitmen needs and immediately
meeting requirements of vacant working positions;
b/ Persons possessing a university
degree with distinction or a master or doctoral degree in a training discipline
relevant to vacant working positions, unless vacant working positions and
professional titles of to be-recruited public employees require masters or
doctors;
c/ Talented persons or persons with
special gifts for working positions in the sectors of culture, arts, physical
training and sports and traditional trades or occupations.
2. The Ministry of Home Affairs
shall guide the process and procedures for exceptional selection for
recruitment specified in this Article.
Section 4:
PUBLIC EMPLOYEE RECRUITMENT PROCESS AND PROCEDURES
Article 15.
Notification of recruitment and receipt of recruitment registration dossiers
1. An agency or unit competent to
recruit public employees shall publicly notify in the mass media, on its
website (if any) and at its office criteria, conditions and number of public
employees it needs to recruit, time limit and place for receipt of dossiers of
registration for recruitment.
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3. At least 10 working days before
the date of examination or selection for recruitment, an agency or unit
competent to recruit public employees shall draw up a list of eligible
candidates for public notification at its office and on its website (if any).
Article 16.
Organization of public employee recruitment
1. Based on the provisions of
Articles 5 and 6 of this Decree, the head of an agency competent to recruit
public employees shall decide to set up a recruitment council to organize the
examination or selection for recruitment.
2. The public employee recruitment
council shall set up and specifically assign its assisting divisions to perform
the tasks specified in Clause 3, Article 6 of this Decree.
3. Within 20 working days after the
completion of the examination or selection for recruitment, the public employee
recruitment council shall organize the marking of examination papers or
summarization of selection results and report it to the head of the agency
competent to recruit public employees.
Article 17.
Notification of recruitment results
1. Within 10 working days after
receiving a report on results of examination or selection for recruitment of a
recruitment council, the head of an agency or unit competent to recruit public
employees shall publicly notify such results at his/her agency's office and on
his/her agency's website (if any).
2. Within 10 working days after
examination results are publicly notified, a candidate may file a written
request for review of these results. The head of the agency or unit competent
to recruit public employees shall assign the recruitment council to organize
the re-marking of examination papers within 10 working days after the
expiration of the time limit for receipt of a request for review specified in
this Clause.
3. After conducting the activities
specified in Clauses 1 and 2 of this Article, the head of the agency or unit
competent to recruit public employees shall approve recruitment results and
send written recruitment notices to successful candidates at their registered
addresses, clearly stating the time and place for them to come to sign working
contracts.
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Article 18.
Contents relevant to working contracts
Recruitment of public employees of
public non-business units shall be conducted under the regime of working
contracts, including working contracts with a definite term and working
contracts with an indefinite term as specified in Article 25 of the Law on
Public Employees. A probation period must be stated in working contracts with a
definite term.
The Ministry of Home Affairs shall
set the form of working contract.
Article 19.
Signing of working contracts and taking of working positions
1. Within 20 working days after
recruitment results are publicly notified, persons who are recruited as public
employees shall come to sign working contracts with the public non-business
unit according to notices mentioned in Clause 3, Article 17 of this Decree.
2. Within 20 working days after
signing a working contract, a recruited person shall come to take up his/her
working position, unless the working contract indicates another time limit. In
case a recruited person cannot come to take up his/her working position for a
plausible reason, he/she shall send an application for prolongation of this
time limit before it expires to the agency or unit competent to recruit public
employees.
3. In case a recruited person does
not come to sign a working contract within the time limit specified in Clause 1
of this Article or comes to take his/her working position after the time limit
specified in Clause 2 of this Article, the head of the agency competent to
recruit public employees may cancel his/her recruitment result or terminate the
signed working contract.
Section 6:
PROBATION
Article 20.
Probation regime
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2. Ministries managing professional
titles of specialized public employees shall coordinate with the Ministry of
Home Affairs in prescribing probation periods according to professional titles
of each sector or field in accordance with law.
3. Maternity leaves under the
social insurance regime, sickness leaves of 3 days or more and periods of being
held in custody, temporary detention or being suspended from work in accordance
with law must not be counted into the probation period.
4. Probation requirements:
a/ Firmly grasping the provisions
of the Law on Public Employees on the rights and obligations of public
employees, prohibitions against public employees; organizational structures,
functions, tasks and powers of agencies, institutions or units where
probationers work, internal rules and working regulations of agencies,
institutions or units and duties and tasks of the working positions for which
probationers are recruited;
b/ Improving professional knowledge
and capabilities and practicing operational skills to meet requirements of the
working positions for which probationers are recruited;
c/ Learning to settle affairs and
perform jobs of the working positions for which probationers are recruited.
Article 21.
Probation instruction
1. Public non-business units shall
instruct probationers to firmly grasp and learn to perform jobs according to
the probation requirements specified in Clause 4, Article 20 of this Decree.
2. Within 7 working days after a
public employee on probation comes to take his/her working position, the head
of a non-business unit shall assign a public employee who holds an equal or a
higher professional title, is professionally capable and experienced and has
skills to instruct the probationer. An instructor may not be assigned to instruct
two or more probationers at a time.
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1. During the probation period, a
probationer may enjoy 85% of the salary level for the professional title
corresponding to the working position to which he/she is recruited. For a
probationer possessing a master or doctoral degree in a discipline meeting
requirements of the working position to which he/she is recruited, he/she may
enjoy 85% of the second salary level for such working position if possessing a
master degree or 85% of the third salary level of such working position if
possessing a doctoral degree. He/she is also entitled to allowances provided by
law.
2. A probationer may enjoy 100% of
the salary level and allowances of the professional title corresponding to the
working position to which he/she is recruited in the following cases:
a/ He/she works in a mountainous,
border, island, deep-lying, remote or ethnic minority area or an area with
exceptionally difficult socio-economic conditions;
b/ He/she works in a hazardous or
dangerous sector or occupation;
c/ He/she has fulfilled the
military service, the termed service in the people's public security forces,
once served as a military officer, career soldier, cipher officer, youth
volunteer, voluntary young intellectual team member having joined in the
development of rural or mountainous areas for full 24 months or more and
accomplished his/her tasks.
3. The probation period is not
counted into the period for salary raise.
4. In the probation instruction
period, a probation instructor is entitled to a responsibility allowance equal
to 0.3 of the current minimum salary level.
5. Probation instructors and
probationers may also enjoy other bonus and welfare benefits (if any) as provided
by the State and regulations of public non-business units.
Article 23.
Order and procedures for appointment of public employees to professional titles
at the end of the probation period
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2. Probation instructors shall make
written remarks on probation results of probationers, then send them to heads
of public non-business units.
3. Heads of public non-business
units shall assess the qualities, ethics and performance results of
probationers. If probationers satisfy the probation requirements after the
probation period, these heads shall issue decisions or request in writing
authorities competent to manage public employees to issue decisions to appoint
these probationers to professional titles. If probationers fail to satisfy the
requirements after the probation period, these heads shall implement Clause 1,
Article 24 of this Decree.
Article 24.
Termination of working contracts with probationers
1. Probationers shall have their
working contracts terminated when failing to satisfy the requirements after the
probation period or being disciplined in the form of caution or a severer
penalty.
2. Public employee-employing units
shall request heads of public non-business units to terminate working contracts
with probationers specified in Clause 1 of this Article.
3. Probationers whose working
contracts are terminated after having worked for 6 months or more may be
provided by employing public non-business units one month's salary together
with allowances they currently enjoy and fares for traveling back to their
places of residence.
Chapter III
EMPLOYMENT OF PUBLIC
EMPLOYEES
Section 1:
ASSIGNMENT OF TASKS, SECONDMENT APPOINTMENT AND RELIEF FROM DUTY OF PUBLIC
EMPLOYEES
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1. Heads of public non-business
units or heads of units employing public employees shall assign tasks to and
supervise the task performance by public employees, and ensure necessary
conditions for them to perform their tasks, and implement regimes and policies
toward public employees.
2. Tasks assigned to public
employees must suit their professional titles or appointed managerial posts and
the requirements of their working positions.
Article 26.
Secondment of public employees
1. Secondment of public employees
is implemented in the following cases:
a/ To perform unexpected or urgent
tasks;
b/ To perform work which must be
completed within a certain period of time;
2. The secondment period must not
exceed 3 years. For a number of special sectors or fields requiring a longer
secondment period, the secondment period complies with specialized laws.
3. Public non-business agencies or
units that second public employees shall continue managing and supervising
these public employees during their secondment period.
4. Agencies and units receiving
secondees shall assign and arrange tasks to these secondees and evaluate and
examine their task performance.
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Article 27.
Appointment of managerial public employees
1. Appointment of managerial public
employees must be based on the needs of public non-business units and the
following criteria and conditions:
a/ Satisfying the criteria of the
managerial post prescribed by a competent agency or unit;
b/ Having complete personal records
which have been clearly verified by a competent agency or unit; having a property
declaration according to regulations;
c/ Being within the age group
eligible for appointment;
d/ Being physically fit to
accomplish assigned tasks and responsibilities;
e/ Not falling into cases banned by
law from holding the post.
2. The appointment period is 5
years, unless otherwise provided by a specialized law or decided by a competent
agency. At the end of the appointment period, competent agencies or units shall
decide whether or not to re-appoint managerial public employees.
3. The interests of public
employees appointed to managerial posts comply with the provisions of Clauses
2, 3 and 4, Article 37 and Clause 3, Article 38 of the Law on Public Employees.
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1. Heads of autonomous public
non-business units may appoint public employees to managerial posts, settle the
discontinuation of holding of managerial posts or relieve from duty managerial
public employees according to decentralization.
2. For non-autonomous public
non-business units, agencies competent to appoint and relieve from duty heads
of these units shall decide on or decentralize the appointment of public
employees to managerial posts, settlement of discontinuation of holding of
managerial posts or relief from duty of public employees.
Section 2:
CHANGE OF PROFESSIONAL TITLES
Article 29.
Change of professional titles of public employees
1. Change of professional titles of
public employees is effected as follows:
a/ Change from a professional title
to another of the same rank must be effected through professional title change
consideration;
b/ Promotion from a lower rank to
an immediately higher rank in the same sector or field must be effected through
professional title rank promotion examination or consideration.
2. Ministries managing professional
titles of specialized public employees shall assume the prime responsibility
for, and coordinate with the Ministry of Home Affairs in, prescribing specific
criteria, conditions, contents and forms of professional title rank promotion
examination or consideration for public employees.
Article 30.
Assignment and decentralization of organization of professional title rank
promotion examination or consideration
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a/ Ministries managing professional
titles of specialized public employee shall organize examination or
consideration according to approved plan;
b/ The Ministry of Home Affairs
shall approve plans on organization of professional title rank promotion
examination or consideration; appraise and decide on the list of public employees
eligible for such examination or consideration; issue a decision to set up a
council; and decide to recognize results and appoint professional titles of
rank I.
2. Examination or consideration for
promotion of public employees' professional titles from rank III to rank II is
effected as follows:
a/ Ministries, ministerial-level
agencies, government-attached agencies or provincial-level People's Committees
shall assume the prime responsibility for, and coordinate with the Ministry of
Home Affairs in, organizing professional title rank promotion examination or
consideration under law and the guidance of the ministry managing professional
titles of specialized public employees;
b/ The Ministry of Home Affairs
shall approve plans on organization of professional title rank promotion
examination or consideration, and appraise and decide on the list of public
employees eligible for such examination or consideration and appraise promotion
results;
3. Examination or consideration for
promotion of public employee professional titles from rank IV to rank III shall
be organized by ministries, ministerial-level agencies, government-attached
agencies or provincial- level People's Committees or decentralized to agencies
or units under law and the guidance of the ministry managing professional
titles of specialized public employees.
4. Competent Party agencies shall
prescribe the assignment and decentralization of the organization of
examination or consideration for promotion of professional title ranks for
public employees in non-public units of political organizations and
socio-political organizations under law.
Article 31.
Process and procedures for organizing public employee professional title rank
promotion examination or consideration
1. Annually, agencies assigned or
decentralized to organize public employee
professional title rank promotion examination or consideration specified in
Clauses 1 and 2, Article 30 of this Decree shall draw up examination or
consideration plans and send them to the Ministry of Home Affairs for
agreement.
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3. Assigned or decentralized
agencies, organizations or units specified in Clauses 2 and 3, Article 30 of
this Decree shall set up councils for public employee professional title rank
promotion examination or consideration.
4. Tasks and powers of a council
for public employee professional title rank promotion examination or consideration:
a/ To notify the plan, rules, form,
content, time and place of examination or consideration;
b/ To notify the conditions and
criteria for examination or consideration;
c/ To set up assisting divisions including
the exam question division, the invigilation division, the examination paper
heading division, the examination paper marking division and the review
division;
d/ To collect examination or
consideration fees and use them according to regulations;
e/ To mark examination papers or
organize consideration and review according to rules;
f/ To summarize and report to the
head of the agency or unit assigned or decentralized to organize professional
title rank promotion examination or consideration for result recognition;
g/ To settle complaints and
denunciations arising in the course of examination or consideration under law.
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Section 3: TRAINING
AND RETRAINING
Article 32.
Objectives and principles of training and retraining public employees
1. Objectives of training and
retraining
a/ To update knowledge and retrain
and improve skills and methods of performing assigned tasks;
b/ To train to contribute to
building a contingent of public employees with professional ethics, adequate
professional qualifications and capabilities to ensure quality of their
professional activities.
2. Principles of training and
retraining:
a/ Training and retraining must be
based on working positions, criteria of professional titles and human resource
development requirements of public non-business units;
b/ The autonomy of public
non-business units in training and retraining activities must be assured;
c/ Public employees are encouraged
to learn and study for higher professional qualifications to meet task
requirements;
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Article 33.
Regime of training and retraining
1. The regime of training and
retraining of public employees complies with Clauses 1, 2 and 3, Article 33 of
the Law on Public Employees.
2. Ministries managing professional
titles of specialized public employees shall compile retraining programs and
materials based on professional title criteria and promulgate them after
obtaining appraisal opinions of the Ministry of Home Affairs.
3. Ministries managing professional
titles of specialized public employees shall promulgate, and guide the
implementation of, annual compulsory retraining programs on specialized
professional knowledge and skills.
4. Training and retraining
certificates:
a/ Retraining certificates based on
professional title criteria constitute a condition and criterion for
appointment to or change of public employee professional titles;
b/ Ministries managing professional
titles of specialized public employees shall provide the management and grant
of certificates of retraining programs based on criteria of specialized
professional titles;
c/ Attendance in and completion of
annual compulsory retraining programs on specialized professional knowledge and
skills constitute a basis for evaluating the task perfonnance of public
employees.
Article 34.
Interests and responsibilities of public employees sent to training and
retraining
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2. The responsibilities of public
employees sent to training or retraining comply with Clauses 1 and 3, Article
35 of the Law on Public Employees.
Article 35.
Training and retraining funds
Public employee training and
retraining funds shall be paid from financial sources of public non-business
units or financial aid of domestic and foreign organizations and individuals
under law.
Article 36.
Training and compensation for training expenses
1. Public employees may be sent to
training in the following cases:
a/ Their public non-business unit
is reorganized or rearranged;
b/ To meet the human resource
building, planning and development requirements of their agency, organization
or unit.
2. Conditions for a public employee
to be sent to training:
a/ The training major is relevant
to his/her working position and professional title;
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3. A public employee sent to
training under a cooperation program with a foreign country which is concluded
or acceded to on behalf of the State of the Socialist Republic of Vietnam
shall, in addition to satisfying the conditions specified in Clauses 1 and 2 of
this Article, comply with the provisions of the Law on Conclusion, Accession to
and Implementation of Treaties and meet other requirements of the cooperation
program.
4. A public employee sent to
domestic or overseas training shall compensate for training expenses in the
following cases:
a/ During the training period,
he/she drops out without permission or unilaterally terminates his/her working
contract;
b/ He/she has completed the
training course but is not granted a graduation diploma or training certificate
by the training institution;
c/ He/she has completed the
training course and obtained a graduation certificate at intermediate or higher
level but has not worked for a committed period stated at Point b, Clause 2 of
this Article.
5. The Ministry of Home Affairs
shall guide in detail the calculation of compensated expenses and the process
and procedures for compensating for training expenses mentioned in this
Article.
Section 4:
EVALUATION OF PUBLIC EMPLOYEES
Article 37.
Order and procedures for annual evaluation of public employees
1. For managerial public employees:
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b/ The collective in which he/she
works shall hold a meeting to contribute opinions. Contributed opinions shall
be recorded in a minutes to be adopted at the meeting;
c/ The person with competence to
evaluate public employees shall make evaluation and decision on the category of
the public employee and, after referring to the minutes of contributed opinions
of the collective in which the managerial public employee works, notify such
decision to the managerial public employee.
2. For public employees not holding
managerial posts:
a/ A public employee shall
self-evaluate his/ her work performance based on his/her assigned tasks;
b/ The collective in which he/she
works shall hold a meeting to contribute opinions. Contributed opinions shall
be recorded in a minutes to be adopted at the meeting;
c/ The person with appointing
competence shall comment on the self-evaluation of the public employee, evaluate
his/her strengths and weaknesses in his/her work and decide on his/ her
category.
3. Notification of evaluation and
categorization results of public employees complies with Article 44 of the Law
on Public Employees.
4. Cases of evaluation of public
employees are specified in Clause 3, Article 41 of the Law on Public Employees.
Evaluation of public employees prior to appointment, reappointment, planning,
training, retraining or completion of the secondment period shall be conducted
by heads of public non-business units according to the order and procedures of
appointment, re-appointment, planning, training, retraining or secondment work.
5. Ministries managing professional
titles of specialized public employees shall assume the prime responsibility
for, and coordinate with the Ministry of Home Affairs in, issuing a regulation
on evaluation and providing detailed guidance on the procedures and content of
evaluation of specialized public employees.
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Article 38.
Settlement of job discontinuation
1. A public employee may be allowed
for job discontinuation in the following cases:
a/ He/she makes a voluntary written
request for job discontinuation which is approved in writing by a competent
agency or unit;
b/ He/she unilaterally terminates
his/her working contract under Clause 4 or 5, Article 29 of the Law on Public
Employees;
c/ His/her public non-business unit
unilaterally terminates the working contract signed with him/her in a case
specified at Point c, d or e, Clause 1, Article 29 of the Law on Public
Employees.
2. A public employee is not allowed
for job discontinuation in any of the following cases:
a/ He/she is being examined for
disciplining or penal liability;
b/ He/she has not worked for the
full period he/she committed to the public non-business unit when being sent to
training or selected for recruitment;
c/ He/she has not yet fulfilled
money and property responsibilities toward the public nonbusiness unit;
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3. Procedures for settlement of job
discontinuation
a/ A public employee who aspires to
discontinue his/her jobs shall file a written request with the head of his/her
public nonbusiness unit;
b/ Within 20 working days after
receiving a written request, if allowing the public employee to discontinue
his/her jobs, the head of the public non-business unit shall issue a decision
to terminate his/her working contract; if disagreeing, the head of the public
non-business unit shall issue a written reply clearly stating the reason under
Clause 2 of this Article to the public employee concerned;
c/ In case a public non-business
unit unilaterally terminates the working contract with its public employee under
Point c, Clause 1 of this Article, it shall concurrently settle the job
discontinuation regime for the public employee under this Decree.
Article 39.
Job discontinuation allowance
1. Job discontinuation allowance
applicable to working periods of public employees from December 31, 2008, back
shall be calculated as follows:
a/ For every working year, a public
employee is entitled to a half of his/her current salary, including the salary
level based on professional title, leadership allowance, extra-seniority
allowance, professional seniority allowance and salary reservation difference
coefficient (if any);
b/ The minimum level of this
allowance is equal to the monthly salary currently paid to the public employee;
c/ For public employees recruited
before July 1, 2003, the working period used for calculating job
discontinuation allowance is the total working time (accumulated) from the time
the public employee receives his/her recruitment decision through December 31,
2008;
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2. Job discontinuation allowances
for working periods of public employees from January 1,2009, to the present
time comply with the law on unemployment allowance.
Funds for payment of job
discontinuation allowances come from financial sources of public non-business
units.
When discontinuing his/her jobs, a
public employee is entitled to job discontinuation allowance under Clause 1 or
2 of this Article and has his/she period of paying social insurance premiums
certified under law.
Article 40.
Retirement procedures
1. The time of retirement is the
first day of the month following the month when the public employee reaches the
prescribed retirement age.
2. The time of retirement can be
delayed in any of the following cases:
a/ Not more than one month in any of
the following cases: The time of retirement coincides with the traditional new
year holidays; the public employee's spouse, parent (of his/ her own or of his
wife or her husband) or child dies or is declared to be missing by a court; he/
she and his/her family suffer damage caused by natural disaster, enemy sabotage
or fire;
b/ Not more than 3 months in case
the public employee suffers a serious disease or has an accident certified by a
hospital;
c/ Not more than 6 months in case
the public employee is receiving medical treatment for a disease on the
Ministry of Health-issued list of diseases requiring a long treatment period,
which is certified by a hospital.
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4. The head of the agency or unit
managing the public employee shall decide on the delay of the time of his/her
retirement specified in Clause 2 of this Article.
5. In case a public employee does
not aspire to delay his/her time of retirement under Clause 2 of this Article,
the head of the agency or unit managing the public employee shall allow him/
her to retire under this Article.
6. Six months before the time of
retirement specified in Clause 1, 2, 3 or 4 of this Article, the head of the
agency or unit managing the public employee shall notify in writing the time of
retirement to the public employee concerned and prepare a replacement person.
7. Provisions relating to
retirement decision:
a/ Three months before the time of
retirement specified in Clause 1, 2, 3 or 4 of this Article, the head of the
agency or unit managing the public employee shall issue a retirement decision;
b/ On the basis of the retirement
decision stated at Point a of this Clause, the agency or unit managing the
public employee shall coordinate with the social insurance organization in
carrying out procedures according to regulations for the public employee to
enjoy social insurance benefits when he/she retires;
c/. Inspecting and examining the
implementation of the law on public employees.
d/. Settling complaints and
denunciations related to public employees.
Article 41. Policies and
managing mechanism for retired public employees entering into seasonal
employment contracts with public service providers.
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2. Public service providers are
responsible for satisfying working conditions for professional operations
specified in seasonal employment contracts, including rights of public
employees in occupational activities specified in Clauses 1, 3, 4, 5, 6 and 7
Article 11 of Law on Public Employees.
3. Policies and working period of
retired public employees shall be specified in the seasonal contracts signed
with public service employees.
SECTION 6. CONVERSION AND
TRANSITION FOR PUBLIC EMPLOYEES
Article 42. Conversion between
public employees and officials
1. Public employees who have worked
at public service employees for at least 60 months (internship excluded) are
qualified, experienced and satisfactory to requirements of working positions
shall be employed as soon as employers wish to employ without any entrance
examinations.
2. Public employees upon employed
and assigned to positions deemed as officials by the law in agencies and
organizations of the Communist Party, the Government, socio-economic
organizations shall follow procedures in order to be converted to officials
without taking examinations according to regulations and law on officials;
decisions on assignment shall be decisions on employment.
3. A public employee assigned to
hold managerial positions of public service providers which is prescribed as
officials by regulations and law shall fulfill quotas of the assigned positions
upon assignment; retain assigned title, benefit from salaries and other policies
similar to a public employee in a public service provider.
4. Officials mobilized to work as
public employees in public service providers if they satisfy standards and
requirements according to regulations and law on public employees.
Article 43. Transition
for public employees
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a) With respect to public employees
employed before July 1, 2003, heads of public service providers are responsible
for following procedures for signing permanent employment contracts with public
employees specified in Clause 2 Articles 25, 26, 28, 29 and 30 of Law on public
employees and Clause 2 Article 18 of this Decree, guarantee benefits and
policies on employment stability, salaries and other benefits currently applied
to public employees;
b) With respect to public employees
employed from July 1, 2003 to January 1, 2012, based on working period and
employment contracts signed with public service providers, heads of public
service providers shall sign fixed-term or permanent employment contracts with
public employees according to Law on public employees;
c) With respect to public employees
employed after January 1, 2012, heads of public service providers shall sign
employment contracts as specified in Law on public employees.
2. Ministry of Home Affairs shall
guide, examine and expedite implementation of public employee transition
specified in Article 59 of Law on public employees and Clause 1 of this
Article.
Chapter 4.
PUBLIC EMPLOYEE MANAGEMENT
Article 44.
Contents of public employee management
1. Develop public employee schemes
and planning.
2. Regulate standards and titles of
public employees; determine positions and tasks based on respective titles and
salaries.
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4. Change working titles.
5. Implement education and training
policies for public employees.
6. Implement salary policies and
other benefits for public employees.
7. Implement public employee
commendation and discipline.
8. Handle dismissal and retirement
of public employees.
9. Follow policies on reporting,
inventory and managing public employee dossiers.
10. Inspect and examine
implementation of regulations and law on public employees.
11. Handle complaints and
accusations against public employees.
Article 45.
Tasks and powers of the Ministry of Home Affairs
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1. To formulate, amend and
supplement the law on public employees for submission by the Government to the
National Assembly and National Assembly Standing Committee.
2. To elaborate and submit to the
Government and Prime Minister for stipulation strategies, master plans, plans
and programs on development of the contingent of public employees; to assign
and decentralize the management of public employees; to identify working
positions and structures of public employees according to professional titles;
to formulate strategies and plans on training and retraining of public
employees; salary regimes, policies to talented public employees; and
regulations on appointment, re-appointment, secondment, resignation, relief
from duty, commendation, disciplining, termination of working contracts, job
discontinuation and retirement of public employees.
3. To assign codes to professional
titles of public employees; appraise the elaboration and examine the
implementation of criteria of public employees' professional titles; to issue
regulations on organization of examination and selection for public employee
recruitment; to coordinate with ministries managing professional titles of
specialized public employees in issuing regulations on professional title rank
promotion examination and consideration for public employees; to appraise
framework programs on retraining based on public employees' professional
titles; to provide the implementation or application of civil servant titles to
public employees working in administrative, general, office administration,
planning and finance sections of public nonbusiness units.
4. To assume the prime responsibility
for, and coordinate with ministries managing professional titles of specialized
public employees in, providing the compilation and management of records,
identification numbers, cards and card wearing of public employees.
5. To assume the prime
responsibility for, and coordinate with ministries, ministerial-level agencies,
government-attached agencies and provincial-level People's Committees in,
making statistics on the quantity and quality of public employees.
6. To coordinate with ministries
managing professional titles of specialized public employees in organizing
examination or consideration and recognizing examination results or
consideration for promotion of public employee professional titles from rank II
to rank I; to supervise and examine the examination or consideration for
promotion of public employee professional titles; to appoint public employees
to professional titles of rank I.
7. To guide and organize the
implementation of the regime of reporting on management of public employees.
8. To inspect, examine and
supervise the implementation of the law on public employees.
Article 46.
Tasks and powers of ministries, ministerial-level agencies, government-attached
agencies and organizations established by the Government or the Prime Minister
other than public non-business units
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2. To manage working positions as
assigned or decentralized and as prescribed by law.
3. To assume the prime
responsibility for, and coordinate with the Ministry of Home Affairs and
ministries managing professional titles of specialized public employees in,
organizing examination or consideration for promotion of professional titles
from rank III to rank II.
4. To assume the prime
responsibility for or authorize the organization of examination or
consideration for promotion of professional titles from rank IV to rank III for
public employees under their management.
5. To make statistics and report on
statistics on public employees according to regulations.
6. To settle complaints and
denunciations as decentralized and as prescribed by law.
7. Ministries and ministerial-level
agencies shall guide, inspect, examine and supervise the implementation of the
law on public employees under their management.
8. Government-attached agencies and
organizations established by the Government or the Prime Minister other than
public non business units shall examine the implementation of the law on
public employees under their management.
Article 47.
Tasks and powers of ministries managing professional titles of specialized
public employees
Ministries managing professional
titles of specialized public employees have, in addition to the tasks and
powers specified in Clauses 1, 2,3,5,6,7 and 8, Article 46 of this Decree, the
following tasks and powers:
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2. To assume the prime
responsibility for, and coordinate with the Ministry of Home Affairs and
related agencies in, formulating regimes and policies for public employees working
in special sectors or fields, and submit them to the Government or the Prime
Minister.
3. To assume the prime
responsibility for, and coordinate with related agencies in, elaborating and
promulgating criteria of professional titles of public employees in the sectors
or fields under their management after obtaining appraisal opinions of the
Ministry of Home Affairs.
4. To assume the prime
responsibility for, and coordinate with the Ministry of Home Affairs in,
organizing examination or consideration for promotion of public employees'
professional titles from rank III to rank II.
5. Ministries managing professional
titles of specialized public employees include:
a/ The Ministry of Home Affairs
managing professional titles of public employees in the archival sector;
b/ The Ministry of Justice managing
professional titles of public employees in the justice sector;
c/ The Ministry of Agriculture and
Rural Development managing professional titles of public employees in the
agriculture, forestry, irrigation and fisheries sectors;
d/ The Ministry of Construction
managing professional titles of public employees in the construction appraisal
and architecture sectors;
e/ The Ministry of Science and
Technology managing professional titles of public employees in the science and
technology sector;
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g/ The Ministry of Education and
Training managing professional titles of public employees in the education and
training sector;
h/ The Ministry of Health managing
professional titles of public employees in the medicine and pharmacy sector;
i/The Ministry of Labor, War Invalids
and Social Affairs managing professional titles of public employees in the
vocational training, labor and social affairs sector;
j/ The Ministry of Culture, Sports
and Tourism managing professional titles of public employees in the culture,
arts, physical training, sports and tourism sector;
k/ The Ministry of Information and
Communications managing professional titles of public employees in the
information and communications sector.
Article 48.
Tasks and powers of provincial-level People's Committees
1. To perform the state management
of the recruitment and employment of public employees under their management as
assigned and decentralized; to raise salary levels regularly and ahead of
schedule and extra-seniority allowances for public employees; to appoint, relieve
from duty and arrange salaries for public employees of professional levels from
rank II and below.
2. To decentralize the recruitment,
employment, training and retraining of public employees in public non-business
units under their management.
3. To manage working positions and
numbers of public employees as decentralized and as prescribed by law.
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5. To commend and discipline public
employees according to their competence or propose competent authorities to
commend and discipline them according to regulations.
6. To make statistics and report on
statistics on public employees according to regulations.
7. To inspect, examine and
supervise the implementation of the law on public employees under their
management.
8. To settle complaints and
denunciations as decentralized and as prescribed by law.
Article 49.
Tasks and powers of public nonbusiness units
1. For non-autonomous public
non-business units
a/ To implement the State's regimes
and policies toward public employees as decentralized;
b/ To recruit, sign and terminate
working contracts with and second public employees as decentralized;
c/ To arrange and assign tasks to
public employees and examine their task performance, appoint, re-appoint,
relieve from duty, evaluate, train and retrain public employees as
decentralized;
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e/ To compile and archive personal
records of public employees under their management according to regulations;
f/ To settle the job
discontinuation and retirement of public employees as decentralized;
g/ To sign piecework contracts with
retired public employees;
h/ To make statistics on and report
to superior agencies and organizations on quantity and quality of public employees
under their management according to regulations;
i/ To settle complaints and
denunciations in accordance with law.
2. For autonomous public
non-business units, in addition to the tasks and powers defined in Clause 1 of
this Article, they are also assigned with the following tasks and powers:
a/ To organize professional title
rank promotion examination or consideration as decentralized or authorized;
b/ To decide to send public
employees to attend workshops and conferences and study and learn experiences
overseas as decentralized.
Chapter V
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Article 50.
Application of the Decree to other employees
The management of employees of
non-business units of socio-professional organizations, social organizations, socio-professional
organizations, non-business units of public non-business units, non-business
units of state-owned single-member limited liability companies can apply the
provisions of this Decree.
Article 51.
Effect
1. This Decree takes effect on June
1, 2012.
2. To annul the Government's Decree
No.116/2003/ND-CP of October 10, 2003, on recruitment, employment and
management of cadres and civil servants in state-owned nonbusiness units, and
Decree No. 121/2006/ND-CP of October 23, 2006, amending and supplementing a
number of articles of Decree No. 116/2003/ND-CP.
This Decree replaces the following
provisions:
a/ Provisions on job
discontinuation and compensation for training expenses applicable to public
employees in the Government's Decree No. 54/2005/ND-CP of April 19, 2005, on
the regime of job discontinuation and the regime of compensation for training
expenses applicable to cadres and civil servants;
b/ Provisions on retirement
procedures applicable to public employees in the Government's Decree No. 143/2007/ND-CP
of September 10, 2007, stipulating retirement procedures for cadres and civil
servants eligible for retirement.
Article 52.
Implementation responsibility
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung