Chương I Luật Viên chức 2010: Những quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for public employees: rights and obligations of public employees;

and recruitment, employment and management of public employees in public non-business units.

Article 2. Public employees

Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

Article 3. Interpretation of terms

In this Law. the terms below are construed as follows:

1. Managerial public employee means a person appointed to hold a managerial post for a specified period, responsible for administering and organizing the performance of one or more than one work in a public non-business unit but not regarded as a civil servant, and receiving a managerial-post allowance.

2. Professional ethics means standard perceptions and behaviors suitable to the specifics of each Held of professional activity, which are prescribed by competent agencies or organizations.

3. Code of conduct means standard conducts of public employees while performing their tasks and in social relations, which are promulgated by competent state agencies and suitable to the specifics of work in each field of activity and made public for public supervision of their compliance.

4. Recruit means to select persons with qualities, qualifications and capabilities to work as public employee in public non-business units.

5. Working contract means a written agreement between a public employee or a person recruited to work as public employee and the head of a public non-business unit on the working position, salary, benefits, working conditions and rights and obligations of each party.

Article 4. Professional activities of public employees

Professional activities of public employees are the performance of work or tasks requiring professional qualifications, capability and skills in a public non-business unit under the provisions of this Law and other relevant laws.

Article 5. Principles in professional activities of public employees

1. Observance of law and accountability before law in the course of carrying out professional activities.

2. Devoted serving of the people.

3. Compliance with professional processes and regulations, professional ethics and code of conduct.

4. Submission to inspection, examination and supervision by competent agencies and organizations and by the people.

Article 6. Principles of management of public employees

1. Assurance of the leadership by the Communist Party of Vietnam and the uniform management by the State.

2. Assurance of the right to lake the initiative and enhancement of the responsibility of heads of public non-business units.

3. Recruitment, employment, management and evaluation of public employees arc based on criteria of professional titles, working positions and working contracts.

4. Implementation of gender equality and preferential treatment policies of the State toward public employees who are talented people, ethnic minority people, people with meritorious services to the revolution and who work in mountainous, border, island, remote, deep-lying and ethnic minority areas and areas with extremely difficult socio­economic conditions, and other preferential treatment policies of the State toward public employees.

Article 7. Working positions

1. Working position is a work or task associated with a corresponding professional title or managerial post, serving as a basis for determining the number and structure of public employees to be recruited, employed and managed in a public non-business unit.

2. The Government shall stipulate principles and methods of determining working positions and the competence, order and procedures for deciding on the number of working positions in a public non-business unit.

Article 8. Professional titles

1. Professional title is the name expressing professional qualification and capability of public employees in each professional field.

2. The Ministry of Home Affairs shall assume the prime responsibility for. and coordinate with concerned ministries and ministerial-level agencies in. stipulating a system of lists, criteria and codes of professional titles.

Article 9. Public non-business units and organizational structures to manage their activities

1. Public non-business unit is an organization established under law by a competent state agency, a political organization or a socio-political organization, having the legal person status and providing public services and serving state management work.

2. Public non-business units include:

a/ Public non-business units assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as autonomous public non-business units);

b/ Public non-business units not yet assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as non-autonomous public non-business units).

3. The Government shall detail criteria for classification of public non-business units mentioned in Clause 2 of this Article in each non-business area based on their ability to be autonomous in task performance, finance, apparatus organization, personnel and scope of operation.

4. Depending on specific conditions and management requirements on each type of public non-business units in each sector, the Government shall stipulate the establishment, structure, functions, tasks and powers of management councils in public non-business units and relationships between management councils and heads of public non-business units.

Article 10. Policies on the building and development of public non-business units and the contingent of public employees

1. The State shall concentrate on building a system of public non-business units to provide public services for which the State must take main responsibility in order to serve the people in health, education, science and other fields in which the non-public sector is unable to provide these services; and shall assure provision of basic health and education services in mountainous, border, island, remote, deep-lying and ethnic minority areas and areas with extremely difficult socio­economic conditions.

2. The Government shall coordinate with competent agencies in directing the planning, organization and re-arrangement of the system of public non-business units in the direction of determining domains of restricted development and domains of prioritized development of these units, ensuring economical, effective and intensive utilization of human resources in order to improve the quality of non-business activities. No public non-business units shall be established to perform only commercial, for- profit services.

3. The operation mechanism of public non-business units shall be further renovated towards autonomy, self-responsibility and independent cost-accounting; and the state management functions of ministries and ministerial- level agencies shall be separated from the function of administering public non-business units.

4. The State shall adopt policies to build and develop a contingent of public employees with professional ethics, qualifications and capabilities to meet the increasing requirements of the provision of public services; and shall discover, attract, train, use in important positions and appropriately treat talented people in order to raise the quality of public services.