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THE STANDING COMMITTEE OF NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
11/2003/PL-UBTVQH11
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Hanoi, April 29, 2003
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ORDINANCE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES
OF THE ORDINANCE ON OFFICIALS AND PUBLIC
EMPLOYEES
(No. 11/2003/PL-UBTVQH11)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly
at its 10th session;
Pursuant to Resolution No. 12/2002/QH11 of December 16, 2002 of the XIth
National Assembly, at its second session, on the Law- and Ordinance-Making
Programs of the XIth National Assembly for its whole tenure (2002-2007) and for
2003;
This Ordinance amends and supplements a number of articles of the Ordinance
on Officials and Public Employees enacted on February 26, 1998 by the National
Assembly Standing Committee.
Article 1.- To amend and supplement a number of articles of
the Ordinance on Officials and Public Employees
1. Article 1 is amended and supplemented as
follows:
"Article 1.- Officials and public
employees defined in this Ordinance are Vietnamese citizens who are on the
payroll, including:
a/ People who are elected to hold posts for
given terms in State agencies, political organizations or socio-political
organizations at the central level, in the provinces or centrally-run cities
(hereinafter collectively referred to as the provincial level), and in rural or
urban districts, provincial capitals or cities (hereinafter collectively
referred to as the district level);
b/ People who are recruited, appointed or
assigned regular tasks in political organizations or socio-political
organizations at the central, provincial or district level;
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d/ People who are recruited or appointed into
public servant’s ranks or assigned regular tasks in non-business units of the
State, political organizations or socio-political organizations;
e/ Judges of the People’s Courts and procurators
of the People’s Procuracies;
f/ People who are recruited, appointed or
assigned regular tasks in agencies or units of the People’s Army but are
neither officers, career military personnel nor defense workers; in agencies
and units of the People’s Police but are neither officers nor career
non-commissioned officers.
g/ People who are elected to hold posts for given
terms in the Standing Boards of the People’s Councils or the People’s
Committees; Party Committee Secretaries and Deputy Secretaries, and the heads
of socio-political organizations in communes, wards or district capitals
(hereinafter referred collectively to as the commune level).
h/ People who are recruited and assigned
professional titles in the commune-level People’s Committees.
2. Officials and public employees specified at
Points a, b, c, e, f, g and h, Clause 1 of this Article shall receive salaries
from the State budget; officials and public employees defined at Point d,
Clause 1 of this Article shall receive salaries from the State budget and
non-business revenues as prescribed by law."
2. Article 5 is amended and supplemented as
follows:
"Article 5.-
1. The National Assembly Standing Committee,
political organizations and socio-political organizations shall detail the
application of this Ordinance to elected people who do not fall into the
subjects specified at Points a and g, Clause 1, Article 1 of this Ordinance.
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3. The following Article 5a is supplemented
after Article 5:
"Article 5a.-
The Government shall stipulate the titles,
criteria, obligations, benefits, prohibited jobs as well as other regimes and
policies for commune-level officials and public employees specified at Points g
and h, Clause 1, Article 1 of this Ordinance."
4. To supplement the following Article 5b after
Article 5a:
"Article 5b.-
1. The regime of reserve public employees shall
apply to agencies and organizations which employ officials and public employees
specified at Points b and c, Clause 1, Article 1 of this Ordinance.
People who are recruited to be reserve public
employees must meet all the law-prescribed criteria and conditions.
2. Basing themselves on the provisions of this
Ordinance, the Government shall prescribe the regime of recruitment and
employment of reserve public employees as well as obligations, benefits,
prohibited jobs and other regimes and policies for them."
5. Article 22 is amended and supplemented as
follows:
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People who are elected as specified at Point a,
Clause 1, Article 1 of this Ordinance shall, when resigning from their posts,
be assigned jobs suitable to their capabilities, strengths and professional
qualifications and enjoy various regimes and policies applicable to officials
and public employees."
6. Article 23 is amended and supplemented as
follows:
"Article 23.-
1. When recruiting officials or public employees
specified at Points b, c, e, f and h, Clause 1, Article 1 of this Ordinance,
agencies and organizations must base themselves on the job demands and working
positions of the officials’ or public employees’ titles as well as on their
assigned payroll quotas.
2. When recruiting officials or public employees
specified at Point d, Clause 1, Article 1 of this Ordinance, non-business units
must base themselves on their job demands, payroll plans and financial sources.
The recruitment shall be effected in the contractual form.
3. People who are recruited to be officials or
public employees specified at Points b and c, Clause 1, Article 1 of this Ordinance
must undergo the regime of reserve public employees.
4. To be recruited people must possess moral
qualities, full meet the required criteria and pass recruitment examinations;
particularly, the recruitment into non-business units, in highland, remote,
deep-lying, border areas or islands or in order to meet the requirement of
building a contingent of officials and public employees in ethnic minority
areas, can be effected through selection.
The Government shall detail the recruitment,
examination and selection regimes."
7. Clause 1 of Article 32 is amended and
supplemented as follows:
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a/ Due to reorganization and payroll reduction
under decisions of competent agencies, organizations or units;
b/ They wish to give up their jobs and it is
approved by competent agencies, organizations or units;
The Government shall prescribe the severance
regime and policies applicable to the cases specified in this Clause."
8. Article 33 is amended and supplemented as
follows:
"Article 33.-
The contents of management of officials and
public employees include:
1. Promulgating, and organizing the
implementation of, legal documents, rules and regulations on officials and
public employees;
2. Elaborating plannings and plans on building
up a contingent of officials and public employees;
3. Prescribing the titles and criteria of
officials and public employees;
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5. Organizing the management, employment and
decentralization of management of officials and public employees;
6. Promulgating the regulations on recruitment,
rank promotion as well as the job probation and apprenticeship regimes;
7. Training, fostering and evaluating officials
and public employees;
8. Directing and organizing the implementation
of the salary regime as well as the entitlement, commendation and disciplining
regimes and policies for officials and public employees;
9. Gathering statistics on officials and public
employees;
10. Inspecting and examining the implementation
of the law provisions on officials and public employees;
11. Directing and organizing the settlement of
complaints and denunciations related to officials and public employees."
9. Article 36 is amended and supplemented as
follows:
"Article
36.-
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2. The Ministry of the Interior shall assist the
Government in managing officials and public employees specified in Clause 1 of
this Article.
3. The ministries, the ministerial-level
agencies, the agencies attached to the Government and the People’s Committees
of the provinces or centrally-run cities shall manage officials and public
employees according to the Government’s decentralization and the provisions of
law."
10. Article 38 is amended and supplemented as
follows:
"If officials or public employees specified
at Points b, c, d, e, f and h, Clause 1, Article 1 of this Ordinance record
outstanding achievements in the performance of their tasks or public duties,
they shall be considered for salary rank and grade promotion ahead of time
according to the Government’s regulations."
11. Clauses 1 and 2 of Article 39 are amended
and supplemented as follows:
"1. If officials or public employees
specified at Points b, c, d, e, f and h, Clause 1, Article 1 of this Ordinance
violate law provisions but not so seriously to be examined for penal liability,
they shall, depending on the nature and seriousness of their violations, be
subject to one of the following disciplinary forms:
a/ Reprimand;
b/ Caution;
c/ Salary reduction;
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e/ Demotion;
f/ Forcible job severance.
The disciplining shall fall under the competence
of the agencies, organizations or units that manage such officials and public
employees.
2. The removal from office or disciplining of
officials specified at Points a and g, Clause 1, Article 1 of this Ordinance
shall comply with the law provisions and the charters of political or
socio-political organizations."
12. Article 42 is amended and supplemented as
follows:
"When officials or public employees
specified at Points b, c, d, e, f and h, Clause 1, Article 1 of this Ordinance
are disciplined, they may lodge complaints about the disciplining decisions
against them with competent agencies, organizations or units according to the
provisions of law.
When officials or public employees specified at
Points b, c, d, e, f and h, Clause 1, Article 1 of this Ordinance, who hold the
posts of departmental director, equivalent or lower posts, are forced to
resign, they may initiate administrative lawsuits at courts according to the
provisions of law."
13. Paragraph 1 of Article 43 is amended and
supplemented as follows:
" When officials or public employees
specified at Points b, c, d, e, f and h, Clause 1, Article 1 of this Ordinance
are disciplined in the form of reprimand, caution or demotion, they shall have
their salary-raising duration prolonged for one year; when they are disciplined
in the form of from reprimand to demotion, they shall not be appointed to
higher posts within at least one year after the issuance of the disciplining
decisions."
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Article 3.-
1. The Government shall detail and guide the
implementation of this Ordinance.
2. On the basis of this Ordinance, political
organizations and socio-political organizations shall detail the implementation
thereof towards officials and public employees under their management.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An