Chương 1 Nghị định 117/2003/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree prescribes the recruitment, employment and management of officials and public employees in the State agencies, armed forces, political organizations or socio-political organizations (hereinafter referred collectively to as public employees).

Article 2.- Subjects of regulation

Public employees referred to in this Decree are Vietnamese citizens who are on the payroll and enjoy salaries from the State budget as prescribed at Points b, c and f, Clause 1, Article 1 of the Ordinance on Officials and Public Employees, work in the following State agencies, armed forces, political organizations or socio-political organizations:

1. The National Assembly's Office;

2. The State President's Office;

3. The State administrative agencies at the central, provincial and district levels;

4. The People's Courts and the People's Procuracies at all levels;

5. The foreign-based diplomatic representation missions of the Socialist Republic of Vietnam;

6. Units of the People's Army and the People's Police;

7. The assisting apparatuses of political organizations or socio-political organizations at the central, provincial and district levels.

Article 3.- Interpretation of terms

In this Decree, the following words and phrases are construed as follows:

1. "Public employee's rank" means the public employee's title classified by branch, expressing his/her professional level;

2. "Grade" is the term indicating the value scale in each public employee's rank; corresponding to a grade is a salary co-efficient;

3. "Rank promotion" means raising from a rank to a higher one in the same professional branch;

4. "Rank shift" is the shift from one rank to another of the same professional level (equivalent rank);

5. "Recruitment" means recruiting of persons to work on the payroll of a State agency through recruitment examination or recruitment consideration;

6. "Rank appointment" means decision to appoint a qualified person to a certain public employee's rank.

7. "Public employee-employing agency" means an agency or organization competent to administratively and professionally manage public employees;

8. "Agency competent to manage public employees" means an agency vested with the competence to manage specialized public employees' ranks;

9. "Agency competent to manage public employees' ranks" means an agency vested with the competence to manage specialized public employees' ranks;

10. "Probation" means the case where a recruit practices to work with the responsibilities and tasks of the rank which he/she will be appointed to;

Article 4.- Classification of public employees

Public employees referred to in this Decree are classified as follows:

1. Classification by training level:

a/ Class-A public employees are those who are appointed to the ranks that require university or post-graduate education degrees;

b/ Class-B public employees are those who are appointed to the ranks that require vocational education degrees;

c/ Class-C public employees are those who are appointed to the ranks that require below-vocational education degrees.

2. Classification by public employee's rank:

a/ Public employees of senior-specialist, equivalent or higher rank;

b/ Public employees of principal- specialist or equivalent rank;

c/ Public employees of specialist or equivalent rank;

d/ Public employees of junior-staff member or equivalent rank;

e/ Public employees of personnel or equivalent rank.

3. Classification by working position:

a/ Leading or commanding public employees;

b/ Professional public employees.

The decentralization of the management of public employees must be based on the classification of public employees as defined in this Article.