Chương IV Luật cán bộ, công chức 2008: Công chức ở trung ương, cấp tỉnh, cấp huyện

Chapter IV

CIVIL SERVANTS AT CENTRAL, PROVINCIAL AND DISTRICT LEVELS

Section 1. CIVIL SERVANTS AND CLASSIFICATION OF CIVIL SERVANTS

Article 32. Civil servants

1. Civil servants defined in Clause 2, Article 4 of this Law include:

a/ Civil servants working in agencies of the Communist Party of Vietnam, socio-political organizations;

b/ Civil servants working in state agencies;

c/ Civil servants in the leading and managerial apparatuses of non-business units;

d/ Civil servants working in agencies and units of the People’s Army who are other than officers, professional military personnel and defense workers; civil servants working in agencies and units of the People’s Police who are other than officers and professional non-commissioned officers.

2. The Government shall specify this Article.

Article 33. Obligations and rights of civil servants

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

2. To perform tasks and exercise powers in accordance with the Constitution and laws.

3. To take responsibility to competent agencies and organizations for the performance of tasks and exercise of powers as assigned.

Article 34. Categorization of civil servants

1. Based on their appointed ranks, civil servants are classified into:

a/ Class A including those appointed to the senior-specialist or equivalent rank;

b/ Class B including those appointed to the principal-specialist or equivalent rank;

c/ Class C including those appointed to the Specialist or equivalent rank;

d/ Class D including those appointed to the technician or equivalent rank or employee rank.

2. Based on working positions, civil servants are classified into:

a/ Civil servants holding leading or managerial posts;

b/ Civil servants not holding leading or managerial posts.

Section 2. RECRUITMENT OF CIVIL SERVANTS

Article 35. Bases for recruitment of civil servants

The recruitment of civil servants must be based on task requirements, working positions and payroll quotas.

Article 36. Conditions for registration for civil servant recruitment

1. A person who meets all the following conditions, regardless of nationality, gender, social status, belief and religion, may register for civil servant recruitment:

a/ Bearing the sole nationality of Vietnamese;

b/ Reaching full 18 years of age;

c/ Filing an application for recruitment; having a clear personal record;

d/ Possessing relevant diplomas and/or certificates;

e/ Possessing political qualities and good ethics:

f/ Being physically fit for the job;

g/ Meeting other conditions required by the working position for which he/she applies.

2. The following persons may not register for civil servant recruitment:

a/ Not residing in Vietnam;

b/ Having lost civil act capacity or having such capacity restricted;

c/ Being examined for penal liability; currently serving a criminal sentence or court ruling or having completely served such a sentence or ruling but such criminal record has not yet been remitted, or serving the administrative measure of confinement to a medical treatment establishment or a reformatory.

Article 37. Methods of civil servant recruitment

1. Civil servants shall be recruited through examinations, except for cases specified in Clause 2 of this Article. The form and contents of examination to recruit civil servants must be suitable to each sector and occupation, ensuring that persons with appropriate qualities, qualifications and capabilities are selected.

2. Persons who meet all conditions specified in Clause 1, Article 36 of this Law and commit to voluntarily work for at least 5 years in mountainous, border, island, remote, deep-lying or ethnic minority or special socio-economic difficulty-hit areas may be recruited through selection.

3. The Government shall specify the recruitment of civil servants through examination or selection.

Article 38. Principles for civil servant recruitment

1. Ensuring publicity, transparency, objectivity and legality.

2. Ensuring competitiveness.

3. Selecting proper persons who meet task and working position requirements.

4. Prioritizing recruitment of talented persons, persons with meritorious services to the country and ethnic minority persons.

Article 39. Agencies recruiting civil servants

1. The Supreme People’s Court, the Supreme People’s Procuracy and the State Audit may recruit, and decentralize the recruitment of, civil servants in agencies, organizations and units under their respective management.

2. The Office of the National Assembly and the Office of the President may recruit civil servants in agencies and units under their respective management.

3. Ministries, ministerial-level agencies and government-attached agencies may recruit, and decentralize the recruitment of. civil servants in agencies, organizations and units under their respective management.

4. Provincial-level People’s Committees may recruit, and decentralize the recruitment of, civil servants in agencies, organizations and units under their respective management.

5. Agencies of the Communist Party of Vietnam and socio-political organizations may recruit, and decentralize the recruitment of, civil servants in agencies, organizations and units under their respective management.

Article 40. Probation for civil servants

Persons recruited to work as civil servants are subject to the probation regime under the Government’s regulations.

Article 41. Recruitment and appointment of judges and procurators

The recruitment and appointment of judges of People’s Courts and procurators of People’s Procuracies comply with the law on organization of People’s Courts and the law on organization of People’s Procuracies.

Section 3. PROVISIONS ON RANKS OF CIVIL SERVANTS

Article 42. Civil servant ranks and rank appointment

1. Civil servant ranks include:

a/ Senior specialist and equivalent;

b/ Principal specialist and equivalent;

c/ Specialist and equivalent;

d/ Technician and equivalent;

e/ Employee.

2. Rank appointment must ensure the following conditions:

a/ Appointed persons meet all professional criteria of the rank;

b/ Rank appointment is decided by competent persons and ensure the civil servant structure of the agency, organization or unit.

3. Rank appointment shall be made in the following cases:

a/ The recruited person has completed the probation regime;

b/ The civil servant has passed a rank promotion examination;

c/ The civil servant is shifted to an equivalent rank.

Article 43. Shift of civil servant ranks

1. Rank shift means the appointment of a civil servant holding a rank in a profession to a rank of the same specialized or professional level of another profession.

2. To be shifted to another rank, a civil servant must possess all specialized or professional qualifications as required by the rank he/she is shifted to and relevant to the assigned tasks and powers.

3. A civil servant who is assigned tasks irrelevant to the specialized or professional qualifications of the rank he/she is holding shall be shifted to a suitable rank.

4. No rank promotion and salary raise are allowed upon rank shift.

Article 44. Civil servant rank promotion

1. Rank promotion must be based on working positions, suitable to the civil servant structure of the agency, organization or unit concerned, and made through examination.

2. Civil servants who meet all criteria and conditions for assuming working positions of a higher rank may register for rank promotion examination.

3. Rank promotion examinations shall be organized on the principles of competitiveness, publicity, transparency, objectivity and legality.

Article 45. Criteria and conditions for registration for rank promotion examinations

1. When agencies, organizations and units need to employ civil servants in working positions of ranks for which examinations are organized, their civil servants may register for sitting such examinations.

2. Civil servants registering for rank promotion examinations must possess political qualities, ethnics and specialized or professional qualifications and capabilities meeting the requirements of ranks for which examinations are organized.

Article 46. Organization of rank promotion examinations

1. The contents and forms of civil servant rank promotion examinations must suit the specialized or professional levels of the ranks for which examinations are organized, ensuring the selection of civil servants with specialized or professional capabilities and qualifications relevant to the criteria for ranks for which examinations are organized and meeting task requirements.

2. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with concerned agencies and organizations in, organizing civil servant rank promotion examinations.

3. The Government shall issue specific regulations on civil servant rank promotion examinations.

Section 4. TRAINING AND RETRAINING OF CIVIL SERVANTS

Article 47. Civil servant training and retraining regime

1. The contents, program, forms and durations of civil servant training and retraining must be based on criteria for leading and managerial titles and posts, criteria for civil servant ranks and suitable to task requirements.

2. Civil servant training and retraining include:

a/ Retraining based on civil servant rank criteria;

b/ Training and retraining according to leading and managerial titles.

3. The contents, programs and durations of civil servant training and retraining shall be stipulated by the Government.

Article 48. Responsibilities of agencies, organizations and units for civil servant training and retraining

1 Agencies, organizations and units managing civil servants shall formulate and publicize training and retraining plannings and plans to create sources and raise specialized or professional capabilities and qualifications for civil servants.

2. Agencies, organizations and units employing civil servants shall create conditions for civil servants to attend training and retraining to raise their specialized or professional capabilities and qualifications.

3. Civil servant training and retraining funds are covered by the state budget and other sources in accordance with law.

Article 49. Responsibilities and benefits of civil servants in training and retraining

1. Civil servants attending training and retraining shall strictly observe training and retraining regulations and submit to the management of training and retraining institutions.

2. Civil servants attending training and retraining are entitled to full salaries and allowances, with the training and retraining durations included in the continuous seniority period and considered for salary raise in accordance with law.

3. Civil servants with excellent performance in training or retraining courses are entitled to praise and reward.

4. Trained or retrained civil servants who give up or discontinue their jobs without permission shall refund training and retraining expenses in accordance with law.

Section 5. TRANSFER, APPOINTMENT, ROTATION, SECONDMENT, RESIGNATION AND RELIEF OF DUTY OF CIVIL SERVANTS

Article 50. Transfer of civil servants

1. Transfer of civil servants must be based on task requirements and political qualities, ethics, and specialized or professional capabilities and qualifications of civil servants.

2. Transferred civil servants must meet specialized or professional requirements of new working positions.

Article 51. Appointment of civil servants to leading or managerial posts

1. The appointment of civil servants to leading or managerial posts must be based on:

a/ Needs and tasks of agencies, organizations or units:

b/ Criteria and conditions for leading or managerial posts.

The competence, order and procedures for appointing civil servants to leading or managerial posts comply with laws and regulations of competent agencies.

2. The term of appointment of civil servants to leading or managerial posts is 5 years; at the end of the term, competent agencies, organizations or units shall consider whether or not to appoint them.

3. Civil servants who are transferred to other agencies, organizations or units or appointed to a new leading or managerial post will automatically stop holding the current leading or managerial one, except for cases of holding both concurrently.

Article 52. Rotation of civil servants

1. Based on task requirements and civil servant employment plannings and plans, leading or managerial civil servants may be rotated within the system of agencies of the Communist Parly of Vietnam, the State and socio-political organizations.

2. The Government shall issue specific-regulations on rotation of civil servants.

Article 53. Secondment of civil servants

1. Agencies, organizations or units managing civil servants may second civil servants to work in other agencies, organizations or units to meet task requirements.

2. The period of secondment is 3 years at most, except for a number of sectors and domains as stipulated by the Government.

3. Seconded civil servants shall obey work assignment by agencies, organizations or units they are seconded to.

4. Civil servants seconded to work in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with especially difficult socio-economic conditions are entitled to incentive policies as prescribed by law.

5. Agencies, organizations or units managing seconded civil servants shall arrange appropriate jobs for these civil servants at the end of the secondment period.

6. Secondment is not applicable to female civil servants who are pregnant or rearing under 36-month babies.

Article 54. Resignation or relief of duty for civil servants

1. Leading or managerial civil servants may resign or be relieved of duty in the following cases:

a/ Being physically unfit;

b/ Having insufficient capability and prestige;

c/ Due to task requirements;

d/ Other reasons.

2. Leading or managerial civil servants who resign or are relieved of duty may be arranged jobs suitable to their trained specialized or professional qualifications, or retire or discontinue their jobs.

3. Leading or managerial civil servants who seek for permission to resign or be relieved of duty shall, pending the approval of competent authorities, continue performing their tasks and exercising their powers.

4. The competence, order and procedures for considering and deciding on resignation or relief of duty of leading or managerial civil servants comply with laws and regulations of competent agencies.

Section 6. EVALUATION OF CIVIL SERVANTS

Article 55. Purpose of civil servant evaluation

Civil servant evaluation aims to clearly determine the political qualities, ethics, specialized and professional capabilities and qualifications, and results of performance of assigned tasks. Evaluation results serve as a basis for arranging, employing, appointing, training, retraining, rewarding, disciplining and implementing policies towards civil servants.

Article 56. Contents of civil servant evaluation

1. Civil servants 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 style and manners;

c/ Specialized or professional capabilities and qualifications;

d/ Task performance progress and results;

e/ Sense of responsibility and collaboration in work;

f/ Attitude in serving the people.

2. In addition to the contents provided in Clause 1 of this Article, leading and managerial civil servants shall be evaluated based on:

a/ Results of operation of agencies, organizations or units they are assigned to lead and manage:

b/ Leading and managerial capabilities;

c/ Capability of mobilizing and uniting civil servants.

3. Civil servants are evaluated annually, before appointment, planning, transfer, training and retraining and at the end of the period of rotation or secondment.

4. The Government shall stipulate the order and procedures for civil servant evaluation.

Article 57. Civil servant evaluation responsibility

1. Heads of agencies, organizations or units employing civil servants shall evaluate civil servants under their management.

2. Heads of agencies, organizations and units shall be evaluated by heads of immediately superior agencies or organizations.

Article 58. Evaluation-based categorization of civil servants

1. On the basis of evaluation results, civil servants 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 evaluation of civil servants shall be filed in civil servant records and notified to evaluated civil servants.

3. Civil servants who accomplish their tasks for 2 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.

Civil servants who fail to accomplish their tasks for 2 consecutive years will be disallowed to continue their work by competent agencies, organizations or units.

Section 7. JOB DISCONTINUATION AND RETIREMENT OF CIVIL SERVANTS

Article 59. Job discontinuation of civil servants

1. Civil servants are entitled to the job discontinuation regime if falling into one of the following cases:

a/ Due to reorganization;

b/ They make a petition for job discontinuation, which is approved by competent authorities;

c/ As prescribed in Clause 3, Article 58 of this Law.

2. A civil servant who wishes to discontinue his/her job shall send a petition to a competent agency, organization or unit for consideration and decision. Within 30 days after receiving such petition, the competent agency, organization or unit shall issue a written reply: if disagreeing with the petition, it shall clearly state the reason; a civil servant who quits his/her job without the consent of the competent agency, organization or unit is not entitled to the job discontinuation regime and shall refund training and retraining expenses in accordance with law.

3. Job discontinuation is not allowed for civil servants who are being examined for disciplining or penal liability.

4. Job discontinuation is not allowed for female civil servants who arc pregnant or nursing under-36-month babies, except those so wishing.

Article 60. Retirement of civil servants

1. Civil servants may retire under the Labor Code.

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