Chương VI Luật cán bộ, công chức 2008: Quản lý cán bộ, công chức

Chapter VI

MANAGEMENT OF CADRES AND CIVIL SERVANTS

Article 65. Management of cadres and civil servants

1. Management of cadres and civil servants covers:

a/ Promulgating, and organizing the implementation of. legal documents on cadres and civil servants;

b/ Elaborating plannings and plans on cadres and civil servants:

c/ Prescribing tittles and structure of cadres;

d/ Prescribing ranks, titles and codes of civil servants; descriptions, working positions and structure of civil servants for determining payrolls;

e/ Other affairs related to the management of cadres and civil servants under this Law.

2. Competent agencies of the Communist Party of Vietnam, the Standing Committee of the National Assembly and the Government shall specify the contents of management of cadres and civil servants prescribed in this Article.

Article 66. Competence to decide on payrolls of cadres and civil servants

1. The competence to decide on cadre payrolls complies with laws and regulations of competent agencies of the Communist Party of Vietnam.

2. The Standing Committee of the National Assembly shall decide on civil servant payrolls of the Office of the National Assembly, the State Audit, the Supreme People’s Court and the Supreme People’s Procuracy.

3. The President shall decide on the civil servant payroll of the Office of the President.

4. The Government shall decide on civil servant payrolls of ministries, ministerial-level agencies, government-attached agencies, provincial-level agencies, and public non-business units of the State.

5. On the basis of decisions on payroll quotas assigned by the Government, provincial-level People’s Councils shall decide on civil servant payrolls of agencies of People’s Councils and People’s Committees, and public non-business units of People’s Committees at all levels.

6. Competent agencies of the Communist Party of Vietnam shall decide on civil servant payrolls of agencies and public non-business units of the Party and socio-political organizations.

Article 67. Management of cadres and civil servants

1. The management of cadres and civil servants complies with this Law, other relevant laws, the Statutes of the Communist Party of Vietnam and socio-political organizations, and documents of competent agencies and organizations.

2. The Government performs the unified management of civil servants.

The Ministry of Home Affairs shall take responsibility to the Government for performing the state management of civil servants.

Ministries, ministerial-level agencies and provincial-level People’s Committees shall, within the scope of their tasks and powers, perform the state management of civil servants according to the Government’s assignment and decentralization.

District-level People’s Committees shall, within the scope of their tasks and powers, perform the state management of civil servants according to provincial-level People’s Committees’ assignment and decentralization.

3. Competent agencies of the Communist Party of Vietnam and socio-political organizations shall, within the scope of their tasks and powers, perform the state management of civil servants according to competent authorities decentralization and the Government’s regulations.

Article 68. Cadre and civil servant management reporting regime

1. Annually the Government shall report to the National Assembly on cadre and civil servant management.

2. The preparation of the Government’s reports on cadre and civil servant management is prescribed below:

a/ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall report on the management of cadres and civil servants under their respective management;

b/ The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, the Office of the National Assembly and the Office of the President shall report on the management of cadres and civil servants under their respective management;

c/ Competent agencies of the Communist Party of Vietnam and socio-political organizations shall report on the management of cadres and civil servants under their respective management.

Reports mentioned at Points a, b and c of this Clause shall be sent to the Government before September 30 every year for sum-up and preparation of reports to the National Assembly.

3. The preparation of reports on the management of cadres in agencies of the Communist Party of Vietnam and socio-political organizations complies with laws and regulations of competent agencies.

4. Reports on cadre and civil servant management have the contents as prescribed in Article 65 of this Law.

Article 69. Management of cadre and civil servant records

1. Competent agencies, organizations and units shall manage records of cadres and civil servants under their management. Cadre and civil servant records must fully contain prescribed documents to accurately reflect the working process of cadres and civil servants.

2. Competent agencies of the Communist Party of Vietnam shall guide the compilation and management of records of cadres and civil servants under their respective management.

3. The Ministry of Home Affairs shall guide the compilation and management of cadre and civil servant records, except for the case mentioned in Clause 2 of this Article.