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

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:

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:

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.