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

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.