Nghị định 101/2017/NĐ-CP về đào tạo, bồi dưỡng cán bộ, công chức, viên chức

THE GOVERNMENT ------------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------------
No. 101/2017/ND-CP	Hanoi, September 01, 2017

DECREE

TRAINING AND REFRESHER TRAINING OF CADRES, PUBLIC OFFICIALS AND PUBLIC EMPLOYEES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Officials dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law on Education dated June 14, 2006 and Law on Amendments to the Law on Education dated November 25, 2009;

Pursuant to the Law on National Defense and Security Education dated June 19, 2013;

At the request of the Minister of Home Affairs;

The Government hereby promulgates a Decree on training and refresher training of cadres, public officials and public employees.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides for contents, programs, forms and management of training and refresher training of cadres, public officials and public employees.

2. This Decrees applies to:

a) Officials of regulatory bodies;

b) Public officials of the Communist Party authorities, regulatory bodies and socio-political organizations in central echelon; in provinces and central-affiliated cities (hereinafter referred to as “provincial level”); in suburban districts, urban districts, district-level towns, provincial-affiliated cities and cities affiliated to central-affiliated cities (hereinafter referred to as “district level”); public officials in communes, wards and district-level towns (hereinafter referred to as “communal level”); managerial public officials of public service providers;

c) Public employees of public service providers.

Article 2. Objectives

Equip knowledge, skills and methods for carrying out tasks during official duty activities of cadres and public officials and professional activities of public employees, making a contribution to building a contingent professional cadres, public officials and public employees who demonstrate ethical credentials, strong political spirit and ability with a view to meeting the requirements for serving the people and the national development.

Article 3. Rules

1. Provide training and refresher training based on public official pay grade standards, public employees’ professional title standards; leadership and managerial position standards; working positions; in association with the employment and management of cadres, public officials and public employees, and in conformity with the training and refresher training plans and demands for developing human resources of authorities and units.

2. Carry out assignment and delegation in provision of refresher training based on the public official pay grade standards, public employees’ professional title standards, leadership and managerial position standards; associate assignment and competitiveness in provision of refresher training depending on working positions.

3. Promote self-study and selection of refresher training programs depending on working positions of cadres, public officials and public employees.

4. Ensure publicity, transparency and effectiveness.

Chapter II

TRAINING OF CADRES, PUBLIC OFFICIALS AND PUBLIC EMPLOYEES

Article 4. Requirements

The training of cadres, public officials and public employees shall comply with in accordance with regulations of law on education and training, and conform to training and refresher training plans and human resource planning of authorities and units.

Article 5. Persons eligible and conditions for receiving intermediate-, college- and university- level training

1. Communal-level public officials and employees must be ethnics or work in mountainous communes, border communes, islands, remote and isolated areas, ethnic minorities areas and extremely disadvantaged areas, and make a commitment to perform tasks or official duties at their authorities and units after completing the training program for a period of time which is 02 times longer than the training period.

2. Any person in Clause 1 of this Article sent to study under a cooperation program with a foreign country which is concluded or acceded to on behalf of the State of the Socialist Republic of Vietnam shall, in addition to satisfying the conditions specified in Clause 1 of this Article, satisfy other requirements of the cooperation program.

Article 6. Conditions for receiving postgraduate training

1. A cadre or public official must satisfy the following conditions:

a) He/She has worked for full 03 years or more (exclusive of the probation period) and for 02 consecutive years of successfully completing his/her tasks before the time he/she is sent to undergo training;

b) He/She must not be older than 40 years from the time he/she is sent to undergo postgraduate training for the first time;

c) He/She must make a commitment to perform tasks or official duties at his/her authority or unit after completing the training program for a period of time which is 02 times longer than the training period;

d) His/Her major must be suitable for his/her working position.

2. A public employee must satisfy the following conditions:

a) His/Her probation period (if any) is over;

b) He/She must make a commitment to perform tasks or work at his/her authority or unit after completing the training program for a period of time which is 02 times longer than the training period;

c) His/Her major must be suitable for his/her working position.

3. Any cadre, public employee or public official sent to study under a program on cooperation with a foreign country which is concluded or acceded to on behalf of the State or Government of the Socialist Republic of Vietnam shall, in addition to satisfying the conditions specified in Clauses 1 and 2 of this Article, satisfy other requirements of the cooperation program.

Article 7. Compensation for training costs

Any cadre, public employee or public official sent to undergo training at intermediate level covered by the state budget or funding of the authority managing or employing him/her must compensate for the training costs in either of the following cases:

1. He/She drops out or quits his/her job without permission or unilaterally terminates the employment contract during the training period.

2. He/She is not granted a graduation diploma by the training institution.

3. He/She has completed the training course and obtained a graduation diploma but has quitted his/her job or unilaterally terminated the employment contract prior to fully serving for the committed period prescribed in Article 5 or 6 hereof.

Article 8. Compensation and calculation of compensation

1. Compensation includes tuition fees and other expenditures serving the training course, excluding salary and other allowances (if any).

2. Calculation of compensation:

a) Regarding the cases prescribed in Clauses 1 and 2 Article 7 of this Decree, the cadre, public official or public employee must pay 100% of compensation;

b) Regarding the cases prescribed in Clause 3 Article 7 of this Decree, the compensation shall be calculated using the following formula:

S =	F	x (T1 - T2)
	T1

Where:

- S is the compensation;

- F is the total training costs actually paid by the authority or unit sending the cadre, public official or public employee to study to 01 person joining a training course;

- T1 is the required length of service after completion of a course (or courses), which is the rounded number of months;

- T2 is the length of service after the training, which is the rounded number of months.

For example: Mr. A is sent to undergo postgraduate training for 02 years (= 24 months). The training cost is VND 30 million. As committed, Mr. A is required to serve for at least 48 months after completing the training. After graduation, Mr. A has served in his authority for 24 months. Then, Mr. A quits his job without permission. The training cost to be compensated by Mr. A is:

S =	VND 30 million	x (48 months - 24 months) = VND 15 million
	48 months

Article 9. Conditions for reducing compensation

A cadre, public official or public employee is eligible for a 1% reduction in the compensation for each working year (exclusive of the probation period and working period after the training). In case of a female person or ethnic, each working year is eligible for a 1.5% reduction in the compensation.

Article 10. Compensation council

1. The compensation council shall advise every authority managing cadres, public officials and public employees or authority or unit delegated to manage cadres, public officials and public employees about considering cases in which costs must be compensated and propose compensation for training costs.

2. The council shall operate on a principle of publicity and democracy, and voting under the majority rule.

3. The council shall shut down and dissolve itself after completing its tasks.

Article 11. Establishment of compensation council

1. Every authority managing cadres, public officials and public employees or authority or unit delegated to manage cadres, public officials and public employees shall establish a compensation council.

2. A compensation council shall be composed of:

a) 01 senior representative of the Department (Division) of Personnel and Organization, Department of Home Affairs or authority or unit delegated to manage cadres, public officials and public employees, who is the Chairperson of the Council;

b) 01 public official or public employee in charge of training and refresher training  of the Department (Division) of Personnel and Organization, Department of Home Affairs or authority or unit delegated to manage cadres, public officials and public employees, who is the Secretary of the Council;

c) 01 representative of the trade union of the unit employing cadres, public officials and public employees;

d) 01 representative of the finance – accounting department of the authority paying for courses;

dd) 01 senior representative of the unit employing cadres, public officials and public employees.

Article 12. Meeting of the Compensation Council

1. Chairperson of the Council shall hold compensation meetings. A meeting is only held if all members of the Council attend.

2. Procedures:

a) The Secretary shall announce the decision on establishment of the Council;

b) The Chairperson shall state the tasks and working process of the Council;

c) The Secretary shall read regulations on compensation for training costs;

d) The senior representative of the unit employing cadres, public officials and public employees shall report the last performance of the cadre, public official or public employee;

dd) The representative of the finance – accounting department of the paying authority shall report costs of the course and determine cases in which the training cost must be compensated as prescribed in Article 7 of this Decree;

e) The Council shall discuss the cases and compensation.

3. The Council’s proposal for compensation shall be made in writing and sent to the head of the authority managing such cadre, public official or public employee or authority or unit delegated to manage such cadre, public official or public employee within 3 working days from the end of the meeting.

4. The funding for organizing the meeting shall be covered by training and refresher training funding of the authority managing the cadre, public official or public employee.

Article 13. Compensation decision

According to the Compensation Council's proposal, the head of authority managing the cadre, public official or public employee or authority or unit delegated to manage the cadre, public official or public employee shall issue a decision on compensation for training costs.

Article 14. Payment and recovery of compensation

1. Within 120 days from the date of receiving the decision on compensation for training costs issued by the competent authority, the person required to compensate for the training costs shall full pay the compensation.

2. The compensation shall be paid to the authority or unit that paid for the course.

3. In case of failure to reach an agreement on compensation for training costs, the parties concerned are entitled to file a complaint or lawsuit as prescribed by law.

Chapter III

REFRESHER TRAINING OF CADRES, PUBLIC OFFICIALS AND PUBLIC EMPLOYEES

Section 1. FORMS, CONTENTS, PROGRAMS AND CERTIFICATES OF REFRESHER TRAINING

Article 15. Forms of refresher training

1. Probation.

2. Public official pay grade standard- and public employees’ professional title standard-based refresher training.

3. Refresher training prior to appointment of a leadership or managerial position.

4. Refresher training depending on requirements of a working position; annual compulsory refresher training in professional knowledge and skills (the training duration is at least 01 week/01 year; 01 week is equivalent to 05 days of training and 01 day of training has 8 periods).

Article 16. Contents of refresher training

1. Political theories.

2. National defense and security knowledge.

3. State management knowledge and skills.

4. Specialized and professional knowledge; official duty ethics, professional ethics; international integration knowledge.

5. Ethnic minority language, computer skills and foreign language.

Article 17. Refresher training programs and documents

1. Political theory refresher training programs and documents for cadres, public officials and public employees, including:

a) Political theory refresher training programs and documents based on leadership and managerial positions;

b) Political theory refresher training programs and documents based on standards of pay grades and titles of cadres, public officials and public employees.

2. National defense and security knowledge refresher training programs and documents include:

a) National defense and security knowledge refresher training programs and documents based on leadership and managerial positions;

b) National defense and security knowledge refresher training programs and documents based on standards of pay grades and titles of cadres, public officials and public employees.

3. State management knowledge refresher training programs and documents based on public official pay grade standards with a training duration of 06 to 08 weeks, including:

a) Refresher training programs and documents for technician pay grade and equivalent;

b) Refresher training programs and documents for official pay grade and equivalent;

c) Refresher training programs and documents for principal official pay grade and equivalent;

d) Refresher training programs and documents for senior official pay grade and equivalent.

4. Public employees’ professional title standard-based refresher training programs and documents with a training duration of 06 to 08 weeks, including:

a) Refresher training programs and documents for rank IV professional titles;

b) Refresher training programs and documents for rank III professional titles;

c) Refresher training programs and documents for rank II professional titles;

d) Refresher training programs and documents for rank I professional titles.

5. Programs and documents on state management knowledge refresher training prior to appointment of leadership and managerial positions with a training duration of 02 to 04 weeks, including:

a) Refresher training programs and documents for divisional-level leaders and managers and equivalent;

b) Refresher training programs and documents for district-level leaders and managers and equivalent;

c) Refresher training programs and documents for provincial-level leaders and managers and equivalent;

d) Refresher training programs and documents for central-level leaders and managers and equivalent;

dd) Refresher training programs and documents for Deputy Ministries and equivalent.

6. Knowledge and skill refresher training programs and documents for communal-level leaders and managers with a training duration of 02 to 04 weeks.

7. Programs and documents on refresher training depending on the requirements of working positions, in specialized knowledge and skills with a training duration of 01 week.

Article 18. Application of refresher training programs

1. State management knowledge refresher training programs based on public official pay grade standards shall be applied to public officials holding equivalent professional titles and working at administrative, general, office management, planning and finance departments of public service providers.

2. Programs on refresher training in state management knowledge prior to appointment of leadership and managerial positions.

a) Refresher training programs for divisional-level leaders and managers and equivalent shall be applied to public officials who are leaders and managers of divisions and departments or equivalent units of public service providers; heads and deputy heads of public service providers affiliated to specialized agencies of provincial People’s Committees; heads and deputy heads of public service providers of district-level People's Committees;

b) Refresher training programs for provincial-level leaders and managers and equivalent shall be applied to heads and deputy heads of public service providers affiliated to provincial People’s Committees;

c) Refresher training programs for central-level leaders and managers and equivalent shall be applied to heads and deputy heads of public service providers affiliated to Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon; holders of titles and positions at enterprises that are wholly state-owned single-member limited liability companies.

Article 19. Management of refresher training programs

1. Competent authorities of the Communist Party of Vietnam shall manage and provide specific guidelines for political theory refresher training programs.

2. The Ministry of National Defense shall preside over and cooperate with the Ministry of Public Security in managing and providing specific guidelines for national defense and security knowledge refresher training programs.

3. The Ministry of Home Affairs shall manage state management knowledge refresher training programs based on public official pay grade standards; programs on refresher training in state management knowledge prior to appointment of leadership and managerial positions.

4. Ministries managing professional titles of specialized public employees shall manage public employees’ professional title standard-based refresher training programs.

5. Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and provincial People's Committees shall manage refresher training programs depending on the requirements of working positions, in specialized knowledge and skills for officials, public officials and public employees under their management.

6. The refresher training programs specified in Clauses 1, 2 and 4 of this Article shall be promulgated with the agreement of the Ministry of Home Affairs.

Article 20. Drafting of refresher training programs and documents

1. The programs and documents to be drafted shall conform to officials' standards, public official pay grade standards, public employees’ professional title standards, and leadership and managerial position standards, and vary according to actual requirements in each period.

2. Contents of every program and document shall ensure a combination of theory and practice; knowledge, experience and practical skills; and no overlapping. Programs and documents must be regularly supplemented, updated and enhanced to suit realities.

3. Program managing authorities shall organize the drafting of programs under their management.

4. Ho Chi Minh National Academy of Politics, National Academy of Public Administration, schools of politics of provinces and central-affiliated cities, official and public official training and refresher training institutions of Ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon (hereinafter referred to as “training and refresher training institutions”), academies, research institutes, universities, junior colleges, post-secondary schools (hereinafter referred to as “training and research institutions”); agencies and units shall draft documents for refresher training programs as assigned by competent authorities.

Article 21. Appraisal and approval of refresher training programs and documents

1. Public official pay grade standard-, public employees’ professional title standard- and leadership and managerial position standard-based refresher training programs and documents must be appraised prior to their promulgation.

2. Programs and documents on refresher training depending on the requirements of working position, and in specialized knowledge and skills must be approved prior to being put into use.

3. Program managing authorities managing shall organize appraisal or approval of refresher training programs.

4. Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and refresher training institutions; training and research institutions; agencies and units shall organize appraisal or approval of refresher training documents which they are assigned to draft.

Article 22. Refresher training program and document appraisal council

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of competent authorities of the Communist Party of Vietnam, heads of socio-political organizations in central echelon and Chairpersons of provincial People’s Committees shall establish a council to appraise the programs under their management.

2. The Director of Ho Chi Minh National Academy of Politics, Director of National Academy of Public Administration, heads of training and refresher training institutions, heads of training and research institutions and heads of authorities and units shall establish or request a competent authority to establish a council to appraise refresher training documents which they are assigned to draft.

3. An appraisal council shall be composed of 05 or 07 members, including a Chairperson, a Secretary, 02 members cum reviewers and other members.

4. Members of the council shall be experienced and reputable managers and scientists that have suitable expertise and not be those who directly draft the appraised programs and documents.

Article 23. Tasks of members of an Appraisal Council

1. The Chairperson shall:

a) Take responsibility for operation of the Council;

b) Organize appraisal of programs and documents as requested and on schedule;

c) Assign tasks to members of the Council;

d) Convene and chair meetings of the Council.

2. The Secretary shall:

a) Assist the Chairperson in preparing contents and programs and holding meetings of the Council;

b) Take minutes of meetings of the Council;

c) Perform other tasks assigned by the Chairperson.

3. Other members shall:

a) Study programs and documents and prepare evaluation forms;

b) Attend all appraisal meetings. In case of failure to attend, their written evaluation must be sent to the Secretary before the date on which an appraisal meeting is held.

Article 24. Work regime and meetings of the Appraisal Council

1. The council shall operate on a principle of collective discussion, secret ballot and decision making under majority rule.

2. The result of appraisal of a program or document is:

a) satisfactory and a competent authority is requested to promulgate the program or document;

b) satisfactory but the program or document must be revised and completed before being submitted to a competent authority for promulgation;

c) unsatisfactory and the program or document must be re-edited and re-appraised.

3. A Council’s meeting is only held if 2/3 of the Council’s members are present, including the Chairperson and Secretary who must not be absent. Working process of the Council is as follows:

a) The Secretary of the Council shall announce the decision on establishment of the Council;

b) The Council shall pass the working process;

c) Representative of the authority or unit presiding over the drafting shall present the drafting process and basic contents of  the program or document;

d) Members of the Council shall comment on, evaluate and discuss the program or document;

dd) Representative of the authority or unit presiding over the drafting shall provide explanation for the issues concerning the programs and documents at the request of the Council’s members.

e) The Council shall elect a Vote Counting Board and cast votes as prescribed in Clause 2 of this Article;

g) The Vote Counting Board shall perform its tasks; the head of the Vote Counting Board shall announce the results; if 02 or 03 results are equal, the Council's Chairperson shall have the deciding vote;

h) The Council’s Chairperson shall conclude the meeting;

i) The Council shall pass the minutes of meeting.

4. The minutes of meeting shall:

a) Include all comments made at the meeting and bear signatures of the Council’s Chairperson and Secretary;

b) State the conclusion given by the Council's Chairperson on the results of program and document appraisal as prescribed in Clause 2 of this Article.

5. Within 12 days from the end of the appraisal meeting, an application for program/document appraisal shall be submitted to a competent authority. The application shall consist of:

a) Evaluation forms and appraisal forms of the Council’s members;

b) A minutes of the Council’s appraisal meeting, which clearly specifies the conclusion of the Council's Chairperson; vote counting record;

c) The program or document appraised by the Council.

6. According to the Council’s conclusion, the competent authority shall consider and decide to promulgate the program or document.

7. Funding for appraisal shall be covered by the training funding included in the funding for program and document drafting.

Article 25. Promulgation of programs and documents

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of competent authorities of the Communist Party of Vietnam, heads of socio-political organizations in central echelon and Chairpersons of provincial People’s Committees shall decide to promulgate and provide guidelines for execution of the programs under their management.

2. The Director of Ho Chi Minh National Academy of Politics; Director of National Academy of Public Administration; heads of training and refresher training institutions; heads of training and research institutions and heads of authorities and units shall decide to promulgate or request a competent authority to promulgate refresher training documents which they are assigned to draft.

Article 26. Certificates of refresher training

1. Certificates of refresher training for cadres, public officials and public employees include:

a) Certificates of public official pay grade standard- and public employees’ professional title standard-based refresher training programs;

b) Certificates of leadership and managerial position-based refresher training programs;

c) Certificates of programs on refresher training depending on the requirements of working position, and in specialized knowledge and skills.

2. Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and refresher training institutions; training and research institutions shall issue certificates of refresher training programs which they are assigned to execute.

3. Use of certificates of refresher training

a) The certificate of a public official pay grade standard- or public employees’ professional title standard-based refresher training program is one of the conditions under which a cadre, public official or public employee is entitled to register for an pay grade advancement exam or rank promotion exam; one of the conditions for being considered to appointed to a pay grade or rank and to undergo a refresher training program based on the standards of a pay grade or professional title at an immediate superior level;

b) The certificate of a program on refresher training based on public employees’ professional title standards may replace the certificate of a program on refresher training based on the corresponding public official pay grade standards; the certificate of a program on refresher training based on public official pay grade standards may replace the certificate of a program on refresher training based on the corresponding professional title standards. The certificates of refresher training based on public employees’ professional titles of the same rank in different majors are interchangeable;

c) The certificate of a program on refresher training depending on the requirements of working position or in specialized knowledge or skills is one of the grounds for evaluating task performance by cadres, public officials and public employees in a year;

d) The certificates of refresher training for cadres, public officials and public employees shall be used nationwide. The Ministry of Home Affairs shall provide specific guidelines for templates for certificates of refresher training for cadres, public officials and public employees.

Section 2. ORGANIZATION OF REFRESHER TRAINING

Article 27. Responsibility for organizing refresher training

1. Ho Chi Minh National Academy of Politics shall organize execution of the following refresher training programs:

a) Political theory refresher training programs based on standards of leadership and managerial positions at district level and equivalent; at provincial level and equivalent; at central level and equivalent; at deputy-ministerial level and equivalent;

b) Programs on improvement in professional expertise and pedagogical methodology for political theory lecturers of training and refresher training institutions and training and research institutions;

c) Political theory refresher training programs based on standards of pay grades and titles of cadres, public officials and public employee;

d) Other refresher training programs assigned by competent authorities.

2. National Academy of Public Administration shall organize execution of the following programs:

a) Programs on refresher training in state management knowledge prior to appointment of leadership and managerial positions at district level and equivalent, at provincial level and equivalent, at central level and equivalent, at deputy-ministerial level and equivalent;

b) State management knowledge refresher training programs based on standards of pay grades of senior officials and equivalent;

c) Programs on improvement in professional expertise and professional expertise, pedagogical skills and pedagogical methodology for state management lecturers of training and refresher training institutions and training and research institutions;

d) Other refresher training programs assigned by competent authorities.

3. Schools of politics of provinces and central-affiliated cities shall organize execution of the following programs:

a) Political theory refresher training programs based on standards of leadership and managerial positions at divisional level and equivalent;

b) Programs on refresher training in state management knowledge prior to appointment of leadership and managerial positions at divisional level and equivalent;

c) State management knowledge refresher training programs based on standards of pay grades of technicians and equivalent; pay grades of officials and equivalent; pay grades of principal officials and equivalent;

d) Knowledge and skill refresher training programs for communal-level leaders and managers;

dd) Other refresher training programs assigned by competent authorities.

4. Official and public official training and refresher training institutions of Ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon shall organize execution of the following programs:

a) Programs on refresher training in state management knowledge prior to appointment of leadership and managerial positions at divisional level and equivalent;

b) State management knowledge refresher training programs based on standards of pay grades of technicians and equivalent; pay grades of officials and equivalent; pay grades of principal officials and equivalent;

c) Other refresher training programs assigned by competent authorities.

5. Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and provincial People's Committees shall decide to assign licensed training and refresher training institutions and training and research institutions under their management to organize execution of professional title-based refresher training programs; programs on refresher training depending on the requirements of working positions, and in specialized knowledge and skills for public employees and send a list to the Ministry of Home Affairs for consolidation, monitoring and management.

Article 28. Refresher training methods

Refresher training shall be provided adopting an active method promoting the self-discipline, active participation and creativity of learners, and the sharing of information, knowledge and experience between lecturers and learners and among learners.

Article 29. Forms of refresher training

1. Full time.

2. Part time.

3. Distance.

Article 30. Evaluation of refresher training quality

1. Quality of refresher training shall be evaluated to provide information about the level of improvement in cadres, public officials and public employees’ capacity for performing tasks and official duties after undergoing refresher training.

2. Evaluation of refresher training quality shall ensure publicity, transparency, objectivity and truthfulness.

3. Contents of evaluation of refresher training quality:

a) Evaluation of quality of refresher training programs;

b) Evaluation of quality of learners taking refresher training courses;

c) Evaluation of quality of lecturers teaching refresher training courses;

d) Evaluation of quality of facilities serving refresher training courses;

dd) Evaluation of cadre, public official and public employee refresher training courses;

e) Evaluation of efficiency after refresher training of cadres, public officials and public employees.

4. Authorities managing and units employing cadres, public officials and public employees; training and refresher training institutions; training and research institutes shall organize the evaluation of refresher training quality or hire independent evaluating authorities to do so.

5. The Ministry of Home Affairs shall provide specific guidelines for evaluation of cadre, public official and public employee refresher training quality.

Section 3. OVERSEAS REFRESHER TRAINING FUNDED BY STATE BUDGET

Article 31. Requirements

1. The country selected as  the one to which cadres, public officials and public employees are sent to must satisfy the following requirements:

a) It has a modern administration system, has managerial experience in area of study or research in which they are enrolled and which can be applied in Vietnam;

b) Training and refresher training institutions provide conditions of learning and research, and teaching methodologies that are relevant to the purposes, contents and programs of refresher training courses.

2. The organization of overseas refresher training shall ensure publicity, transparency, quality and efficiency.

3. Sending cadres, public officials and public employees to undergo overseas refresher training must suit the needs of authorities and units.

Article 32. Conditions for receiving overseas refresher training

1. For refresher training courses with a duration of less than 01 month, cadres, public officials and public employees must be old enough to work for at least 18 months from the beginning of the refresher training course.

2. For refresher training courses with a duration of at least 01 month, cadres, public officials and public employees must be old enough to work for at least 02 years from the beginning of the refresher training course.

3. Cadres, public officials and public employees are not being considered to face a disciplinary penalty, are not facing a disciplinary penalty or facing a disciplinary penalty that is a reprimand or heavier; are not those who have yet to be permitted for entry or exit as prescribed by law.

4. Cadres, public officials and public employees sent to undergo refresher training must successfully complete their assigned tasks in the previous preceding year.

5. Professional expertise of cadres, public officials and public employees sent to undergo refresher training must be suitable for contents of refresher training courses.

6. Cadres, public officials and public employees must be physically fit to satisfy requirements of refresher training courses.

Chapter IV

LECTURERS

Article 33. Lecturers providing training and refresher training to cadres, public officials and public employees

1. Lecturers of Ho Chi Minh National Academy of Politics, National Academy of Public Administration, training and refresher training institutions and training and research institutions; part-time lecturers.

2. Visiting lecturers.

Article 34. Standards, tasks and benefits for lecturers providing training and refresher training to cadres, public officials and public employees

1. Standards

a) Be loyalty to the Fatherland;

b) Have strong political credentials and healthy lifestyle;

c) Satisfy the standard of a training qualification as prescribed;

d) Achieve levels of political theories, state management, computer skills, foreign language and pedagogical skills that satisfy requirements of the assigned tasks;

dd) Be physically fit as required by the profession;

e) Have clear personal history satisfying the political requirements.

2. Tasks

a) Draft programs and documents and deliver lectures as prescribed;

b) Conduct science and technology researches;

c) Study and undergo refresher training to develop their expertise.

3. Benefits

a) Benefits for lecturers of Ho Chi Minh National Academy of Politics and National Academy of Public Administration shall be decided by competent authorities as prescribed;

b) Lecturers of training and refresher training institutions shall enjoy the benefits which are the same as those for lectures of higher education institutions.

4. The Ministry of Home Affairs shall provide specific guidelines for standards, tasks and benefits for lecturers of training and refresher training institutions.

Article 35. Standards, tasks and benefits for visiting lecturers

1. For Vietnamese citizens

a) Satisfy the standards specified in Clause 1 Article 34 of this Decree;

b) Perform the teaching tasks under the signed contracts;

c) Enjoy the benefits under the signed contracts and regulations of law.

2. For foreign nationals:

a) Adopt a political attitude which is suitable for the political system of the Socialist Republic of Vietnam and comply with the Vietnam’s laws;

b) Satisfy the requirements concerning knowledge and teaching capacity;

c) Enjoy the benefits under the signed contracts and regulations of law.

Chapter V

FUNDING FOR TRAINING AND REFRESHER TRAINING, RIGHTS AND RESPONSIBILITIES OF CADRES, PUBLIC OFFICIALS AND PUBLIC EMPLOYEES SENT TO UNDERGO TRAINING AND REFRESHER TRAINING

Article 36. Funding for training and refresher training

1. The funding for training and refresher training of cadres and public officials shall be covered by the state budget, funding of authorities managing and employing cadres and public officials and of cadres and public officials, and sponsorship of domestic and foreign organizations and individuals as prescribed by law.

2. The funding for training and refresher training of public employees shall be covered by the public employees, sources of finance of public service providers and other sources.

3. The State shall introduce a policy to provide financial assistance in training and refresher training of female cadres, public officials and public employees and cadres, public officials and public employees who are ethnics.

The Ministry of Finance shall provide specific guidelines for this Article.

Article 37. Rights of cadres, public officials and public employees sent to undergo training and refresher training

1. For cadres, public officials and public employees sent to undergo domestic training and refresher training:

a) Undergo training and refresher training at the convenient time arranged by the authority managing and employing them and be provided with funding by such authority as prescribed;

b) Be entitled to include the training and refresher training time in consecutive working time;

c) Be entitled to benefits and allowances under regulations of law;

d) Be praised and commended for excellent training or refresher training results..

2. Cadres, public officials and public employees sent to undergo overseas training and refresher training enjoy the rights in accordance with regulations of law and of authorities and units.

3. Female cadres, public officials and public employees and cadres, public officials and public employees who are ethnics shall, in addition to the rights specified in Clauses 1 and 2 of this Article, enjoy the rights as prescribed by regulations of law on gender equality and ethnic minority affairs.

Article 38. Responsibilities of cadres, public officials and public employees

1. Comply with regulations on training and refresher training of cadres, public officials and public employees.

2. Comply with training regulations and be under the management of training and refresher training institutions during the training period.

3. Comply with regulations on compensation for training costs.

Chapter VI

MANAGEMENT OF TRAINING AND REFRESHER TRAINING

Article 39. Tasks and entitlements of the Ministry of Home Affairs

1. Formulate, request competent authorities to promulgate or promulgate within its power legislative documents on training and refresher training of cadres, public officials and public employees.

2. Formulate, request competent authorities to promulgate or promulgate within its power strategies, projects and plans for training and refresher training of cadres, public officials and public employees; provide guidelines for implementation of training and refresher training strategies, projects and plans after the approval and promulgation thereof; monitor and consolidate results of training and refresher training of cadres, public officials and public employees of Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and provincial People’s Committees.

3. Formulate plans, manage and provide guidelines for overseas refresher training for cadres, public officials and public employees funded by state budget. Organize overseas refresher training courses for cadres, public officials and public employees within its power.

4.  Make a list of persons who wish to undergo training and refresher training and a proposal for funding for training and refresher training and send it to the Ministry of Finance for balancing purpose; instruct Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and provincial People’s Committees to provide funding after obtaining approval from a competent authority.

5. Manage and draft refresher training programs and documents for cadres, public officials and public employees within its power.

6. Set internal standards for training and refresher training of cadres, public officials and public employees.

7. Inspect the training and refresher training of cadres, public officials and public employees.

8. Organize emulation and commendation activities in training and refresher training of cadres, public officials and public employees.

Article 40. Tasks and entitlements of Ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon

1. Formulate, promulgate and organize the implementation of projects and plans for training and refresher training of cadres, public officials and public employees under their management.

2. Organize the provision of training and refresher training-related benefits as prescribed.

3. Send cadres, public officials and public employees to undergo training and refresher training within their power.

4. Organize overseas refresher training courses for cadres, public officials and public employees within their power.

5. Manage and draft refresher training programs and documents for cadres, public officials and public employees within their power.

6. Manage training and refresher training institutions and lecturers within their power.

7. Inspect the provision of training and refresher training-related benefits within their power.

8. Ministries managing specialized public employees shall establish conditions to be satisfied by training and research institutions to organize the execution of programs on refresher training of specialized public employees.

Article 41. Tasks and entitlements of the Ministry of Finance

1. Balance and provide funding for domestic and overseas training and refresher training and request a competent authority to grant approval.

2. Provide guidelines for and inspect the management and use of funding for training and refresher training.

Article 42. Tasks and entitlements of People’s Committees of provinces and central-affiliated cities

1. Formulate and promulgate regulations on encouraging cadres, public officials and public employees to constantly study and develop their expertise and capacity; provide funding to efficiently implement regulations on training and refresher training as prescribed.

2. Formulate, promulgate and organize the implementation of projects and plans for training and refresher training of cadres, public officials and public employees under their management.

3. Organize the provision of training and refresher training-related benefits as prescribed.

4. Send cadres, public officials and public employees to undergo training and refresher training within their power.

5. Manage and draft refresher training programs and documents for cadres, public officials and public employees within their power.

6. Manage training and refresher training institutions and lecturers within their power.

7. Inspect the provision of training and refresher training-related benefits within their power.

Article 43. Responsibilities of units employing cadres, public officials and public employees

1. Implement regulations on training and refresher training of cadres, public officials and public employees.

2. Make proposals for drafting and selection of training and refresher training programs which are relevant to working positions of cadres, public officials and public employees.

3. Enable cadres, public officials and public employees to implement regulations on training and refresher training as prescribed.

Article 44. Regulations on reporting of training and refresher training of cadres, public officials and public employees

1. Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and provincial People's Committees shall submit annual reports on results of training and refresher training of cadres, public officials and public employees to the Ministry of Home Affairs before January 31 of the following year or at the request of a competent authority..

2. Departments of Personnel and Organization of Ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon; Departments of Home Affairs of provinces and central-affiliated cities which act as agencies in charge of assisting Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of socio-political organizations in central echelon and Chairpersons of provincial People's Committees in performing state management of training and refresher training of cadres, public officials and public employees and consolidate shall consolidate results of training and refresher training of cadres, public officials and public employees and send them to competent authorities.

Chapter VII

IMPLEMENTATION CLAUSE

Article 45. Effect

1. This Decree comes into force from October 21, 2017.

2. This Decree supersedes the Government's Decree No. 18/2010/ND-CP dated March 05, 2010.

3. Articles 32 through 36 of the Government’s Decree No. 29/2012/ND-CP dated April 12, 2012 are annulled.

Article 46. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of socio-political organizations in central echelon, Chairpersons of People’s Committees of provinces and central-affiliated cities, heads of authorities managing and units employing cadres, public officials and public employees are responsible for the implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc