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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
06/2010/ND-CP
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Hanoi,
January 25, 2010
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DECREE
DEFINING
CIVIL SERVANTS
THE GOVERNMENT
Pursuant to the December 25, 2001
Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Cadres and Civil Servants;
At the proposal of the Minister of Home Affairs,
DECREES:
Article 1. Scope of
regulation and subjects of application
This Decree defines civil servants
mentioned in Clause 2, Article 4, and Clause 1, Article 32, of the Law on
Cadres and Civil Servants.
Article 2. Grounds for
defining civil servants
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Article 3. Civil servants
in agencies of the Communist Party of Vietnam
1. At the central level:
a/ Holders of posts and titles
of deputy, assistant and secretary of heads, and persons working in the
offices, agencies and departments, and standing agencies in Ho Chi Minh City
and Da Nang city, of the Office of the Party Central Committee, Central Party
Committee's Inspection Commission and other Commissions at the central level;
b/ Holders of posts and titles
of head and deputy head, and persons working in the offices, inspection
commissions and other commissions of sectoral party committees, and the Party
Committee for Civil Affairs in Foreign Countries under the Party Central
Committee;
c/ Persons working in the
assisting apparatuses of agencies and organizations established under decisions
of the Political Bureau or Party Secretariat, and agencies established under
decisions of the Party Central Committee.
2. At the level of provinces and
centrally run cities (below collectively referred to as provincial
level):
a/ Holders of posts and titles
of head and deputy head, and persons working in the offices, inspection
commissions and other commissions of provincial-level party committees;
b/ Holders of posts and titles
of head and deputy head, and persons working in the offices, inspection
commissions and other commissions of sectoral party committees under
provincial-level party committees;
c/ Persons working on a
full-time basis in the offices, organization, propaganda and inspection
commissions of grassroots party committees which are vested superior powers,
under provincial-level party committees.
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Holders of posts and titles of
head and deputy head, and persons working in the offices, inspection
commissions and other commissions of district-level party committees.
Article 4. Civil servants
in the State President Office, the National Assembly Office and the State Audit
of Vietnam
Vice Chairman of the State
President Office, Vice Chairman of the National Assembly Office, Deputy General
Auditor of the State; holders of head and deputy posts and persons working in
organizations other than public non-business units.
Article 5. Civil servants
in ministries, ministerial-level agencies and other organizations established
by the Government or the Prime Minister
1. Deputy Ministers and holders
of equivalent posts and titles; holders of head and deputy posts and persons
working in the offices, departments, inspectorates and organizations other than
public non-business units under ministries and ministerial-level agencies.
2. General Directors of General
Departments or Directorates and holders of equivalent posts, Deputy General
Directors of General Departments or Directorates and holders of equivalent
posts, holders of head and deputy posts of and persons working in the offices,
departments and inspectorates under General Departments or Directorates and
equivalent.
3. General Directors, Deputy
General Directors of Departments, Authorities or Agencies, holders of head and
deputy posts, and persons working in the offices, divisions, inspectorates and
sub-departments under Departments, Authorities or Agencies.
4. Heads and deputy heads of and
persons working in organizations established by the Government or the Prime
Minister other than public non-business units.
Article 6. Civil servants
in provincial- and district-level administrative agencies
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a/ Office Chiefs and Deputy
Chiefs, holders of head and deputy posts, and persons working within the
organizational structure of the Offices of National Assembly deputy
delegations. People's Councils and People's Committees;
b/ Heads and deputy heads of
specialized agencies under People's Committees; holders of head and deputy
posts of and persons working in organizations other than public non-business
units within the organizational structure of specialized agencies of People's
Committees;
c/ Chairmen and Vice Chairmen
of, holders of head and deputy posts and persons working in organizations other
than public non-business units under, Management Boards of industrial parks,
export-processing zones and economic zones under People's Committees.
2. At the district level:
a/ Chiefs and Deputy Chiefs of
and persons working in the Offices of People's Councils and People's
Committees;
b/ Chairpersons and Vice
Chairpersons of district-level People's Committees, Chiefs and Deputy Chiefs of
and persons working in the Offices of district-level People's Committees of
localities which pilot non-organization of People's Councils;
c/ Holders of head and deputy
posts and persons working in specialized agencies under People's Committees.
Article 7. Civil servants
in the people's court system
1. Vice Presidents of the
Supreme People's Court; Presidents and Vice Presidents of courts and
specialized tribunals; Judges of the Supreme People's Court; court secretaries;
persons working in the offices, departments, divisions and courts and
specialized tribunals under the Supreme People's Court;
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3. Presidents and Vice
Presidents of district-level People's Courts; Judges of district-level People's
Courts; court secretaries; persons working in district-level People's Courts.
Article 8. Civil servants
in the People's Procuracy system
1. Vice Chairmen of the Supreme
People's Procuracy; prosecutors, investigators; persons working in the offices,
departments, agencies, divisions and professional institutes of the Supreme
People's Procuracy;
2. Chairmen and Vice Chairmen of
provincial-level People's Procuracies; prosecutors, investigators; persons
working in the offices and divisions of provincial-level People's Procuracies;
3. Chairmen and Vice Chairmen of
district-level People's Procuracies; prosecutors, investigators and persons
working in district-level People's Procuracies.
Article 9. Civil servants
in agencies of sociopolitical organizations
1. At the central level:
a/ Office chiefs and deputy
chiefs. Department Directors and Deputy Directors and persons working in the
offices and departments of the central Vietnam Fatherland Front, Vietnam
General Confederation of Labor, Vietnam Farmers Association, Ho Chi Minh
Communist Youth Union; Vietnam Women's Union and War Veterans Association
(below referred to as sociopolitical organizations);
b/ Persons working in the
assisting apparatuses of committees under socio-political organizations.
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Office Chiefs and Deputy Chiefs,
Department Directors and Deputy Directors and persons working in the offices
and departments within the organizational structure of socio-political
organizations and equivalent organizations.
3. At the district level:
Persons working in the agencies
of sociopolitical organizations and equivalent organizations.
4. Civil servants defined in
Clauses 1, 2 and 3 of this Article do not include persons currently receiving
monthly pensions and social insurance allowances under the Social Insurance
Law.
Article 10. Civil
servants in agencies and units of the People's Army and the People's Police
Persons working in agencies and
units under the People's Army other than officers, career soldiers and defense
workers; and in agencies and units under the People's Police other than
officers and career non-commissioned officers.
Article 11. Civil
servants in the leading and managerial apparatuses of public non-business units
1. Public non-business units
referred to in this Decree are organizations which are lawfully established and
managed by competent agencies of the Party, state agencies and socio-political
organizations, have the legal entity status, seals and accounts, and operate in
the domains of education, training, health, scientific research, culture,
physical training and sports, tourism, labor, war invalids and social affairs,
and information and communication, and other non-business domains prescribed
by law.
2. Heads and deputy heads;
holders of head and deputy posts of organizations of public non-business units
under the Political Bureau, the Party Secretariat, the National Assembly
Standing Committee and the Government.
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4. Heads of state budget-funded
public non-business units under general departments or directorates,
departments, authorities or agencies and equivalent under ministries and
ministerial-level agencies; provincial-level party committees; provincial-level
People's Committees; provincial-level socio-political organizations;
district-level party committees; specialized agencies under provincial- and
district-level People's Committees.
5. Holders of posts associated
with state management tasks in public non-business units assigned to perform
state management tasks.
Article 12. Rotated civil
servants
Civil servants rotated by
competent authorities of the Party and State to hold key posts in
socio-political-professional organizations, social organizations and
socio-professional organizations and salaried by these organizations.
Article 13.
Responsibilities of the Ministry of Home Affairs
1. To monitor, guide, urge,
examine and inspect ministries, ministerial-level agencies, government-attached
agencies, provincial-level People's Committees and concerned agencies and
organizations in reviewing, identifying and listing civil servants under this
Decree.
2. To coordinate with the Party
Central Committee's Organization Commission, the State President Office, the
National Assembly Office, the Supreme People's Court, the Supreme People's
Procuracy and the State Audit of Vietnam in reviewing, identifying and listing
civil servants under this Decree.
3. To total the numbers of civil
servants under the management of the agencies and organizations specified in
Clauses 1 and 2 of this Article and submit them to the Government for
consideration and reporting to the National Assembly under the Law on Cadres
and Civil Servants.
Article 14.
Responsibilities of agencies and organizations
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Article 15. Effect
This Decree takes effect on
March 15, 2010.
Article 16.
Responsibilities of implementation
1. The agencies and
organizations specified in Article 14 of this Decree shall send lists and
report on the numbers of civil servants under their management on June 30 every
year at the latest to the Ministry of Home Affairs for monitoring and summarization.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People's Committees and concerned agencies and
organizations shall implement this Decree-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung