Chương III Luật cán bộ, công chức 2008: Cán bộ ở trung ương, cấp tỉnh, cấp huyện

Chapter III

CADRES AT CENTRAL, PROVINCIAL AND DISTRICT LEVELS

Article 21. Cadres

1. Cadres defined in Clause 1, Article 4 of this Law include those working in agencies of the Communist Party of Vietnam, the State and socio-political organizations at the central, provincial and district levels

2. Competent agencies of the Communist Party of Vietnam shall base themselves mi tin statutes of the Party and socio-political organizations and this Law lo specify posts and titles for cadres working in agencies of the Communist Party of Vietnam and socio-political organizations.

The posts and titles of cadres working in state agencies shall be determined under the Law on Organization of the National Assembly, the Law on Organization of the Government, the Law on Organization of People’s Courts, the Law on Organization of People’s Procuracies, the Law on Organization of People’s Councils and People’s Committees, the Law on State Audit and other relevant laws.

Article 22. Obligations and rights of cadres

1. To perform the obligations and exercise powers defined in Chapter II and other relevant provisions of this Law.

2. To perform the obligations and exercise powers in accordance with the Constitution, laws and statutes of organizations of which they are members.

3. To take responsibility to the Party, State and people as well as competent agencies for the performance of obligations and exercise of powers as assigned.

Article 23. Election, appointment of posts and titles of cadres in agencies of the Communist Party of Vietnam and socio-political organizations

The election and appointment of posts and title of cadres in agencies of the Communist Party of Vietnam and socio-political organizations comply with relevant statutes and laws.

Article 24. Election, approval and appointment of posts and titles of cadres in state agencies

The election, approval and appointment of posts and tiles of cadres working according to term of office in state agencies from the central to district level comply with the Constitution, the Law on Organization of the National Assembly, the Law on Organization of the Government, the Law on Organization of People’s Councils and People’s Committees, the Law on Organization of People’s Courts, the Law on Organization of People’s Procuracies, the Law on Election of National Assembly Deputies and the Law on Election of People’s Council Deputies.

Article 25. Training and retraining of cadres

1. The training and retraining of cadres must be based on cadre criteria, posts and titles, task requirements and conform to the personnel planning.

2. The cadre training and retraining regime shall be prescribed by competent agencies of the Communist Party of Vietnam, the Standing Committee of the National Assembly and the Government.

Article 26. Transfer and rotation of cadres

1. Based on task requirements and personnel planning, cadres may be transferred and rotated within the system of agencies of the Communist Party of Vietnam, the State and socio-political organizations.

2. The transfer and rotation of cadres comply with laws and regulations of competent agencies.

Article 27. Purposes of cadre evaluation

Evaluation of cadres aims to clearly determine their political qualities, ethics, specialized and professional qualifications and capabilities and performance of assigned tasks. Evaluation results serve as a basis for arranging, employing, training, retraining, rewarding, disciplining and implementing policies towards cadres.

Article 28. Contents of cadre evaluation

1. Cadres are evaluated based on the following:

a/ Observance of the line and policies of the Party and laws of the State;

b/ Political qualities, ethics, lifestyle and working manners and style;

c/ Capabilities of leading, administering and organizing task performance;

d/ Sense of responsibility in work;

e/ Results of performance of assigned tasks.

2. Cadres shall be evaluated annually, before election, approval, appointment, planning, transfer, training and retraining and at the end of terms of office and rotation periods.

The competence, order and procedures for cadre evaluation comply with laws and regulations of competent agencies.

Article 29. Evaluation-based categorization of cadres

1. On the basis of evaluation results, cadres are put into the following categories:

a/ Excellent accomplishment of tasks:

b/ Good accomplishment of tasks;

c/ Accomplishment of tasks with limited capability;

d/ Non-accomplishment of tasks.

2. Results of categorization of evaluated cadres shall be filed in cadre records and notified to evaluated cadres.

3. Cadres who accomplish their tasks for two consecutives years with limited capability or who accomplish their tasks with limited capability in a year and fail to accomplish their tasks in the subsequent year may be assigned to other jobs by competent agencies.

Cadres who fail to accomplish their tasks for 2 consecutive years may be relieved of duty or discontinued from their jobs by competent agencies or organizations.

Article 30. Request for job discontinuation, resignation, relief of duty

1. A cadre may request permission to discontinue job or resign or relieve of duty in the following cases:

a/ Being physically unfit;

b/ Possessing insufficient capability and prestige;

c/ Due to task requirements;

d/ Other reasons.

2. The competence and order for permitting, and procedures for obtaining permission for. job discontinuation, resignation and relief of duty comply with laws and regulations of competent agencies.

Article 31. Retirement of cadres

1. Cadre may retire under the Labor Code.

2. Six months before the date a cadre is due to retire, his/her managing agency, organization or unit shall notify in writing the cadre of the exact time of retirement; three months before a cadre is due to retire, his/her managing agency, organization or unit shall issue a decision on his/ her retirement.

3. In special cases, cadres holding the post of minister, an equivalent or higher post may have his/her working time extended under regulations of competent agencies.