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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 115/2003/ND-CP
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Hanoi, October 10, 2003
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DECREE
ON THE REGIME OF RESERVE PUBLIC
EMPLOYEES
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees
and the April 29, 2003 Ordinance amending and supplementing a number of
articles of the Ordinance on Officials and Public Employees;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Subject and scope of regulation
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Article
2.- Reserve public employees
Reserve public
employees are Vietnamese citizens who are on the payroll, enjoy salaries from
the State budget and are recruited for addition to the contingent of officials
and public employees prescribed at Points b and c, Clause 1, Article 1 of the
April 29, 2003 Ordinance amending and supplementing a number of articles of the
Ordinance on Officials and Public Employees. Reserve public employees are
assigned to work for certain periods in the following agencies and
organizations:
1. The National
Assembly's Office;
2. The State
President's Office;
3. The People's Courts
of various levels;
4. The People's Procuracies
of various levels;
5. The ministries,
ministerial-level agencies, agencies attached to the Government;
6. The People's
Councils and People's Committees of provinces and centrally-run cities; the
People's Committees of urban districts, rural districts, provincial capitals
and cities;
7. Assisting
apparatuses of political organizations or socio-political organizations;
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Article
3.- Interpretation of terms
In this Decree, the
following terms shall be construed as follows:
1. "Recruitment
of reserve public employees" means the recruitment of persons to work
under the reserve public employee regime through recruitment examination or
consideration.
2. "Agencies
employing reserve public employees" mean agencies and organizations
competent to administratively and professionally manage the reserve public
employees;
3. "Agencies
competent to manage public employees" mean agencies empowered to recruit
and manage public employees, including reserve public employees.
Chapter
II
RECRUITMENT
AND EMPLOYMENT OF RESERVE PUBLIC EMPLOYEES
Article
4.- Recruitment of reserve public employees
1. The recruitment of
reserve public employees must be carried out through examinations.
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Article
5.- Criteria and conditions for
participation in recruitment
Registrants for
recruitment of reserve public employees must satisfy the professional criteria of
the recruitment ranks they register for, and the following conditions:
1. Being Vietnamese
citizens with permanent addresses in Vietnam;
2. Possessing good
ethical qualities;
3. Being aged between
full 18 years and 40 years;
4. Having written
applications for recruitment participation, clear backgrounds; having adequate
diplomas and certificates as prescribed for the recruitment ranks they register
for;
5. Being physically
fit for the performance of tasks;
6. Not being in the
period of penal liability examination, serving imprisonment sentence,
non-custodial reform, probation or subject to measures of commune-, ward- or
township-based education or being sent to medical establishments or
reformatories.
Based on the nature
and characteristics of their professional operations, the recruiting agencies
may add some conditions on recruitment participants.
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Priorities in the
examinations for recruitment of reserve public employees shall be given to the
following cases:
1. Armed Forces
Heroes, Labor Heroes or war invalids shall have their total exam results added
with 30 points;
2. Children of
martyrs, war invalids or diseased soldiers, and holders of doctorares in
training majors suitable to recruitment demands shall have their total exam
results added with 20 points;
3. Those who hold
master's degrees in training majors suitable to recruitment demands; graduates
with good or excellent marks of various professional training grades suitable
to recruitment demands; those who have fulfilled their military service
obligations; youth volunteers and members of young intellectuals' groups
voluntarily working in rural and mountainous areas for two years or more and
having fulfilled their tasks, shall have their total exam results added with 10
points.
Article
7.- Priorities in consideration for
recruitment of reserve public employees
Those who pledge to
work voluntarily for five years or more in highland, deep-lying, remote, border
or island areas shall be considered for recruitment in the following priority
order:
1. Ethnic minority
people and people residing in places where they volunteer to work;
2. Armed Forces
Heroes, Labor Heroes;
3. War invalids;
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5. Children of war
invalids or diseased soldiers;
6. Those who hold
doctorates in training majors suitable to recruitment demands;
7. Those who hold
master's degrees in training majors suitable to recruitment demands; graduates
with good or excellent marks of various professional training grades suitable
to recruitment demands; those who have fulfilled their military service
obligations; youth volunteers and members of young intellectuals' groups
voluntarily working in rural and mountainous areas for two years or more and having
fulfilled their tasks.
Article
8.- Plans on recruitment of reserve public
employees
1. When drawing up
plans on public employees' payrolls, the State agencies competent to manage
public employees shall have to work out plans on reserve public employees'
payroll on the basis of the working demands and positions and the structure of
public employees' ranks.
2. On the basis of
reserve public employee's payroll quotas assigned annually, the State agencies
competent to manage public employees shall elaborate plans on recruitment and
employment of reserve public employees, covering: the number and ranks of
public employees to be recruited according to agencies or units, the
recruitment forms, criteria and conditions, the time for organizing the
recruitment, and the estimated number of reserve public employees to be
arranged in agencies or units.
3. The recruitment of
reserve public employees may be organized for each public employee's rank.
Article
9.- Notices on recruitment of reserve
public employees
1. Sixty days before
organizing the examination for recruitment of reserve public employees, the
agencies competent to manage public employees shall have to publicly announce
on the mass media necessary information on the recruitment conditions, criteria
and numbers of people to be recruited, recruitment time, contents and forms,
requirements on recruitment participants' dossiers and contact addresses.
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Article
10.- Preliminary selection
1. The preliminary
selection of reserve public employees shall be carried out by the Preliminary
Selection Councils of agencies, or organizations assigned by the agencies competent
to manage public employees quotas on recruitment of reserve public employees.
2. The Preliminary
Selection Councils shall be set up under decisions of the agency heads, each
with 03 or 05 members including:
a/ The Council
chairman being the head or deputy-head of the agency;
b/ The Council members
being representatives of the leaderships of specialized sections of the agency;
c/ The Council
member-cum-secretary being the official in charge of the recruitment work of
the agency.
3. The Preliminary Selection
Councils shall have the following tasks:
a/ To receive dossiers
on recruitment participation;
b/ To consider and
select participants who meet all criteria and conditions for recruitment;
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d/ To submit lists and
dossiers of recruitment participants to the Councils for recruitment of reserve
public employees as prescribed.
Article
11.- Councils for recruitment of reserve
public employees
1. The recruitment of
reserve public employees shall be carried out by the Councils for recruitment
of reserve public employees. The Recruitment Councils shall be set up under
decisions of the heads of agencies competent to manage public employees.
2. A Recruitment
Council shall have 05 or 07 members, including:
a/ The Council
chairman being head or deputy head of the agency competent to manage public
employees;
b/ The Council vice
chairman being the person in charge of organization and personnel work of the
agency competent to manage public employees;
c/ The Council members
being representatives of leadership of specialized bodies of the agency competent
to manage public employees;
d/ The Council
member-cum-secretary being the official in charge of recruitment work of the
agency.
3. A Recruitment
Council shall be assisted by and Examination Superintendence Board and
Examination Paper-Marking Board.
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The Recruitment
Councils shall work on the principle of collectivity, vote by majority, and
have the following tasks and powers:
1. To announce plans
on organization of the recruitment; rules and regulations; criteria and
conditions for recruitment participation; examination subjects, forms, time and
venues;
2. To organize the
compilation of exam questions; to set up Examination Superintendence Boards and
Examination Paper-Marking Boards;
3. To receive and
consider dossiers of recruitment participation sent from the Preliminary
Selection Councils; to announce the list of those meeting all conditions and
criteria for recruitment participation.
4. To organize the
recruitment examinations or consideration in strict accordance with
regulations; to report the recruitment results to competent agencies for the
latter to consider and issue decisions recognizing such results; and to
announce the recruitment results;
5. To settle
complaints and denunciations of recruitment participants.
Article
13.- Marking methods and passing the
recruitment examinations
1. Each examination
subject shall be marked on a 100-point scale.
2. Those who pass the
recruitment examinations are those who take up all examination subjects and
score at least 50 points for each and are in between the person who get the
highest number of aggregate points and the person who is at the end of the
recruitment quota.
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4. In cases where
there are many examinees scoring the same aggregate point for the last of the
recruitment quota, the Recruitment Councils shall decide to organize other
examinations in order to select the person scoring the highest number of points.
Article
14.- Passing the recruitment through
consideration
Persons who pass the
recruitment consideration are those who meet all criteria and conditions, and
are considered and unanimously proposed by the Recruitment Councils to the
agencies competent to manage public employees to issue decisions on recruitment
of reserve public employees according to the provisions in Article 5 and Article
7 of this Decree.
Article
15.- Time limits for issuance of
recruitment decisions and job acceptance
1. Within 30 days
after announcing the recruitment results, the agencies competent to manage
public employees shall issue decisions to recruit those who pass the
recruitment examinations to work as reserve public employees.
2. Within 30 days as
from the date of issuing the recruitment decisions, the recruits must go to the
agencies to take up their jobs, if the recruitment decisions do not provide for
other time limits.
3. In cases where for
plausible reasons, the recruits cannot accept their jobs on time, they must
file written applications for extension of the time limit for job acceptance
and must get the consent of the agencies issuing the recruitment decisions. The
extension duration must not exceed 30 days.
4. Past the
above-stated time limit, if the recruits fail to go to the agencies for job
acceptance, the agencies competent to manage public employees shall issue
decisions annulling decisions on recruitment of reserve public employees.
Article
16.- Reserve public employee
regime-applying period
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Article
17.- Supervising reserve public employees
Agencies employing
reserve public employees shall have the responsibility:
1. To guide reserve
public employees to perform the tasks prescribed for their ranks according to
probationary regime;
2. To appoint an
experienced public employee of the same or higher rank to supervise the reserve
public employee. Each time, one public employee shall supervise only one
reserve public employee.
Article
18.- Regimes and policies toward reserve
public employees and their supervisors
1. Reserve public
employees shall enjoy 85% of the starting salary grade of the ranks to which
they are recruited; reserve public employees having master's degrees suitable
to recruitment demands shall enjoy 85% of the grade-two salary of the ranks to
which they are recruited; reserve public employees having doctorates suitable
to recruitment demands shall enjoy 85% of the grade-three salary of the ranks
to which they are recruited.
2. The following
reserve public employees shall enjoy 100% of salary and allowances (if any) of
the ranks to which they are recruited as well as prescribed policies:
a/ Those who work in
highland, deep-lying, remote, border or island areas;
b/ Those who do
hazardous and/or dangerous occupations or jobs;
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3. Reserve public
employees shall enjoy 100% of the currently paid salary of the ranks to which
they are recruited and be considered for seniority-based salary rise when they
have worked for a period equal to the probationary period prescribed for the
ranks to which they are recruited.
4. Public employees
who are assigned by their agencies to supervise reserve public employees shall
enjoy responsibility allowances equal to 30% of the minimum wage level during
the time they supervise the reserve public employees.
Article
19.- Evaluation and appointment of reserve
public employees to public employee's ranks
1. After full 24
months' undergoing the reserve public employee regime, the reserve public
employees shall have to make and send reports on the results of their task
performance to the heads of agencies employing them.
2. Public employees
assigned by their agencies to supervise reserve public employees shall make and
send written comments and evaluation of these reserve public employees to the
heads of agencies employing the reserve public employees.
3. The heads of the
agencies employing reserve public employees shall give remarks on, and
evaluate, task performance by reserve public employees and send reports thereon
to the agencies competent to manage the public employees for the latter to
consider and decide whether to appoint such reserve public employees to public
employee's ranks.
4. For reserve public
employees who are not appointed to public employee's ranks, the agencies
issuing recruitment decisions shall annul such decisions, and such persons
shall be paid one month's salary for each working year and allowances (if any)
and the travel fare to their permanent residence places.
Chapter
III
OBLIGATIONS
AND INTERESTS OF, AND THINGS THAT MUST NOT BE DONE BY, RESERVE PUBLIC EMPLOYEES
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Reserve public employees
shall have to perform obligations like officials and public employees as
prescribed in Articles 6, 7 and 8 of the Ordinance on Officials and Public
Employees.
Article
21.- Interests
Reserve public
employees shall enjoy the following interests:
1. To enjoy interests
like officials and employees as prescribed in Clauses 1, 2, 3, 5 and 6 of
Article 9, and Articles 10, 11, 12, 13 and 14 of the Ordinance on Officials and
Public Employees;
2. To enjoy regimes of
social insurance, illness, labor accident, occupational disease, maternity and
death allowances as prescribed in Articles 107, 142, 143 and 144 of the Labor
Code. In cases where reserve public employees suffer from labor accidents, they
shall be entitled to enjoy policies prescribed in Clause 2, Article 146 of the
Labor Code;
3. To enjoy salaries
and allowance regimes (if any) like public employees during the apprenticeship
period. Besides, the reserve public employees shall be also entitled to enjoy
other interests like officials and public employees in their working places.
Article
22.- Things must not be done by the
reserve public employees
Reserve public
employees shall have to abide by the regulations on things that must not be
done by public employees in Articles 15, 16, 17 and 18 of the Ordinance on
Officials and Public Employees.
Chapter
IV
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Article
23.- Tasks and powers of the Ministry of
Home Affairs
The Ministry of Home
Affairs shall be the Government's agency performing the State management over
the reserve public employees and have the following tasks and powers:
1. To submit to the
Government for approval plans on building the contingent of reserve public
employees belonging to the State administrative management sector;
2. To submit to the
Government for promulgation the salary and other preferential treatment regime
for public employees;
3. To decide on the
assignment of reserve public employee payroll quotas to the ministries,
ministerial-level agencies, agencies attached to the Government and provincial-level
People's Committees under the Prime Minister's authorization;
4. To promulgate the
Regulation on recruitment of reserve public employees;
5. To provide for the
compilation of reserve public employee' dossiers, registered numbers and cards
as well as card-wearing regime;
6. To examine and
inspect the implementation of the State regulations on reserve public employees;
7. To direct the
settlement of complaints and denunciations related to reserve public employees
according to law provisions on complaints and denunciations;
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Article
24.- Tasks and powers of the ministries,
ministerial-level agencies, agencies attached to the Government and
provincial/municipal People's Committees
1. To allocate payroll
quotas for recruitment and arrangement of reserve public employees;
2. To organize the
recruitment of reserve public employees as prescribed;
3. To issue decisions
on the recruitment of those who pass the recruitment examinations to work as
reserve public employees; to assign and arrange reserve public employees to
work in grassroots agencies and units; to extend the time limit for job
acceptance by reserve public employees; to issue decisions annulling decisions
on recruitment of reserve public employees who fail to fulfill their tasks; to
decide on the appointment of reserve public employees to public employee's
ranks;
4. To allocate funding
to agencies and units employing reserve public employees for payment of wages,
social insurance premiums and health insurance premiums as well as
implementation of policies toward reserve public employees;
5. To quantitatively
and qualitatively manage reserve public employees and implement regimes and
policies for them;
6. To organize the
examination and inspection of the observance of the State regulations on
reserve public employees under their management;
7. To settle complaints
and denunciations related to reserve public employees according to law
provisions on complaints and denunciations;
8. To formulate plans
on fostering State administrative management knowledge for reserve public
employees.
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Agencies employing
reserve public employees shall have to following tasks and powers:
1. To organize the
arrangement and assignment of tasks to reserve public employees, assign persons
to supervise reserve public employees and implement the provisions in this
Decree toward reserve public employees;
2. To arrange time for
reserve public employees to fulfill the fostering program on State
administrative management as prescribed;
3. To implement regimes
and policies, pay salaries and social insurance premiums and health insurance
premiums for reserve public employees;
4. To give remarks and
evaluation on reserve public employees;
5. To commend and
discipline reserve public employees according to their competence or propose
competent authorities to commend or discipline them;
6. To compile and
manage files of reserve public employees.
Chapter
V
COMMENDATION,
REWARDS AND DISCIPLINES
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Reserve public
employees who record achievements in performing their tasks shall be considered
for commendation and/or rewards according to Article 37 of the Ordinance on
Officials and Public Employees.
Article
27.- Discipline
1. Reserve public
employees who commit law violations which are not serious enough for
examination of penal liability, shall be subject to one of the following
disciplinary forms:
a/ Reprimand;
b/ Caution;
c/ Dismissal.
2. The disciplining of
reserve public employees in the form of reprimand or caution shall be decided
by the heads of agencies employing reserve public employees. The disciplining
of reserve public employees in form of dismissal shall be decided by the heads
of agencies competent to manage the public employees.
3. Reserve public
employees who commit law violations which shows signs of criminal offenses
shall be examined for penal liability according to law provisions. Reserve
public employees who are sentenced to imprisonment shall be dismissed from
their jobs as from the date the court's judgments or decisions take legal
effect.
4. Reserve public
employees who cause loss or damage to facilities and equipment or commit other
acts of damaging the State's properties shall have to pay compensation therefor
according to law provisions.
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Article
28.- Disciplinary Councils
1. The disciplining of
reserve public employees shall be considered and proposed by the Disciplinary
Councils of the agencies employing the reserve public employees to competent
agencies prescribed in Clause 2, Article 27 of this Decree for decision.
2. The Council for
disciplining of reserve public employees shall be set up by the heads of
agencies employing the reserve public employees, comprising:
a/ The head or
deputy-head of the agency employing the reserve public employees as its
chairman;
b/ The person in
charge of organization and personnel work of the agency employing the reserve
public employees and representative of the trade union or representative of public
employees of the agency employing the reserve public employees (if the trade
union has not yet been set up in the agency) as its members.
Article
29.- Consideration of disciplines and
settlement of complaints about disciplines
The consideration of disciplines
and the settlement of complaints about the disciplining of reserve public
employees shall comply with Articles 41, 42, 44 and 45 of the Ordinance on
Officials and Public Employees.
Chapter
VI
IMPLEMENTATION
PROVISIONS
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This Decree takes
effect 15 days after its publication in the Official Gazette.
Article
31.- Implementation-guiding responsibility
1. The Minister of
Home Affairs shall have to guide the implementation of this Decree.
2. Competent agencies
of political organizations shall base themselves on the provisions of this
Decree to guide the application of the reserve public employee regime to
agencies of political organizations or socio-political organizations.
Article
32.- Implementation responsibility
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the provincial/municipal People's
Committees shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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