Chương IV Luật Viên chức 2010: Quản lý viên chức

Chapter IV

MANAGEMENT OF PUBLIC EMPLOYEES

Article 47. State management of public employees

1. The Government shall perform the uniform management of public employees.

2. The Ministry of Home Affairs shall take responsibility before the Government for performing the state management of public employees, and have the following duties and powers:

a/ Elaborating and promulgating according to its competence or submitting to competent agencies for promulgation legal documents on public employees:

b/ Assuming the prime responsibility for, and coordinating with ministries and ministerial-level agencies in. elaborating plannings and plans on the building and development of the contingent of public employees and submitting them to competent authorities for decisions:

c/ Assuming the prime responsibility for, and coordinating with ministries and ministerial-level agencies in, promulgating a system of lists, criteria and codes of professional titles:

d/ Managing statistical work on public employees: guiding the elaboration and management of public employee files; developing and operating the national database on public employees;

e/ Inspecting and examining the stale management of public employees

f/ Annually reporting to the Government on the contingent of public employees.

3. Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, perform the state management of public employees.

4. Provincial-level People's Committees shall, within the scope of their tasks and powers, perform the state management of public employees.

Article 48. Management of public employees

1. Contents of management of public employees include:

a/ Determining working positions;

b/ Recruiting public employees;

c/ Signing working contracts;

d/ Appointing to and changing professional titles;

e/ Changing working positions, seconding, terminating working contracts, settling job discontinuation;

f/ Appointing and relieving of duty managerial public employees: arranging and employing public employees based on work demand:

g/ Evaluating, commending and disciplining public employees;

h/ Implementing the salary regime, entitlements and training and retraining regime for public employees

i/ Compiling and managerial public employee files, implementing the regime of reporting on management of public employees within the scope of management.

2. Autonomous public non-business units shall perform the contents of management specified in Clause 1 of this Article. Heads of public non-business units shall report to their superiors on the management and employment of public employees in their units.

For non-autonomous public non-business units, agencies competent to manage such units shall manage their public employees or delegate the contents of management specified in Clause 1 of this Article to such public non-business units.

3. The Government shall detail this Article.

Article 49. Complaints and settlement of complaints about decisions related to public employee management

Complaints and settlement of complaints lodged by public employees about decisions of heads of public non-business units or competent authorities involved in public employee management comply with the provisions of law.

Article 50. Examination and inspection

1. Agencies competent to manage public non-business units shall inspect and examine the recruitment, employment and management of public employees in public non-business unit assigned to them for management.

2. The Ministry of Home Affairs shall inspect the recruitment, employment and management of public employees in accordance with this Law and other relevant laws.

3. Ministries and ministerial-level agencies shall inspect professional activities performed by public employees in sectors and fields under their respective management.