Chương 3 Nghị định 117/2003/NĐ-CP: Sử dụng công chức

Chapter III

EMPLOYMENT OF PUBLIC EMPLOYEES

Section 1. ARRANGEMENT, ASSIGNMENT OF JOBS, RANK SHIFT, RANK PROMOTION

Article 21.- Arrangement, assignment of jobs

1. The heads of the public employee-employing agencies shall have to arrange, assign jobs to public employees, ensure the necessary conditions for them to perform their tasks, and implement the regimes and policies for them.

2. The arrangement, assignment of jobs to public employees must ensure the compatibility of the assigned tasks with the appointed public employee's ranks; public employees in a certain rank must be arranged jobs suitable to such rank.

3. Public employees shall be responsible before law for the performance of their tasks and official duties; public employees holding leading posts must be also responsible for the performance of tasks and official duties by their subordinates according to law provisions.

Article 22.- Rank shift

1. Public employees who are assigned new tasks which are not suitable to their current ranks shall have to shift to other ranks suitable to their newly assigned positions and professional tasks.

2. Public employees subject to rank shift must satisfy the professional criteria of the ranks they shift to and fit in with the public employee's rank structures of their agencies.

3. The public employee-employing agencies, when shifting public employees to other ranks, must set up an Examination Council to test the professional qualifications and capabilities of such public employees. If the public employees satisfy all the professional criteria of new ranks, the public employee-employing agencies shall issue appointment decisions according to their competence or propose the agencies competent to manage public employees to appoint.

4. An Examination Council consists of 5 or 7 members, including:

a/ The Council chairman, who is the head or deputy head of the agency;

b/ The Council vice-chairman, who is the head of the organization and personnel section of the agency;

c/ Council members, who are leaders of the professional sections, a number of professionally capable public employees of the same or higher rank (the council chairman shall assign one of these members as secretary).

5. The Examination Councils have the following tasks:

a/ To examine diplomas and training certificates as required for the new ranks, the former agency's written evaluation of the previous working process;

b/ To interview the public employees subject to rank shift on political, social and professional issues;

c/ To test the public employees subject to rank shift on the skill of drafting managerial documents as required by the new rank's tasks;

d/ The Councils meet to evaluate the results; if seeing that the public employees are qualified, to propose the agency competent to manage public employees to appoint them to new ranks.

6. Rank shift must not be combined with rank promotion or salary rise.

Article 23.- Rank promotion, salary rise

1. Public employees who meet all criteria and conditions and have their working positions suitable to the ranks while there still exist higher ranks in the same professional branch may be promoted to the higher ranks. The rank promotion for public employees must be effected through rank promotion examinations as prescribed. Public employees who record outstanding achievements in performing their tasks and official duties shall be considered for rank promotion.

2. Public employees who meet all criteria, have passed the required period of time while there exist higher salary grades in their rank shall be considered for salary rise. Public employees who record outstanding achievements in performing their tasks and official duties shall be considered for salary rise ahead of time according to the Government's regulations.

3. In the course of performing their tasks and official duties, if the public employees achieve high working efficiency and show development prospects, the ministers, the heads of the ministerial-level agencies or Government-attached agencies or the presidents of the provincial/municipal People's Committees shall issue decisions to promote them to higher ranks or raise their salaries ahead of time according to their respective decentralized responsibility.

The Minister of Home Affairs shall provide guidance on the rank promotion and salary rise ahead of time as prescribed in this Article.

Article 24.- Nomination of public employees to sit rank promotion examinations

1. The consideration and nomination of public employees to sit rank promotion examinations shall be considered by the Preliminary Selection Councils of their agencies on the basis of the demands of the public employee's ranks, the working positions, ethical quality, professional qualifications, development prospects as well as the task performance results of the public employees. The composition of a Preliminary Selection Council shall be similar to that of the Examination Council set up in case of rank shift as prescribed in Clause 4, Article 22 of this Decree.

2. Public employees sitting rank promotion examinations must satisfy the professional criteria of the ranks for which they are examined, possess all diplomas and training certificates as required, have the minimum salary co-efficient as prescribed for the ranks for which they are examined, and meet other necessary conditions as prescribed, and at the same time be nominated by the agencies competent to manage public employees to sit the examinations.

Article 25.- Organization of rank promotion examinations

Annually, the agencies competent to manage public employees shall base themselves on the public employee's rank structure to work out rank promotion plans and rank promotion examination criteria and send them to the Ministry of Home Affairs for agreement thereon.

Article 26.- Rank Promotion Examination Councils

1. When organizing rank promotion examinations, the agencies competent to do so must set up the Rank Promotion Examination Councils, each consisting of 5 or 7 members, including:

a/ The Council chairman, who is the head or deputy head of the agency competent to organize the rank promotion examination;

b/ The Council vice-chairman, who is in charge of managing officials and public employees of the agency assigned to organize the rank promotion examination;

c/ Council members, who are representatives of the leaderships of the specialized units of the agency assigned to organize the rank promotion examination;

d/ A Council member-cum-secretary, who is in charge of the recruitment and rank promotion of the agency assigned to organize the rank promotion examination.

2. The Rank Promotion Council shall be assisted by an Examination Superintendence Board and an Examination Paper-Marking Board.

Article 27.- Tasks and powers of Rank Promotion Examination Councils

The Rank Promotion Examination Councils shall work on the principles of collectivism and vote by majority, having the following tasks and powers:

1. To publicly announce the rank promotion examination plan; examination regulations and rules; criteria and conditions for sitting the examination; examinee's dossiers; examination subjects, form, time and venues;

2. To organize the compilation of exam questions; to set up the Examination Superintendence Boards and the Examination Paper-Marking Boards;

3. To receive and consider dossiers of application for sitting the examinations; to announce the list of persons who satisfy the conditions and criteria for sitting the examinations;

4. To direct and organize the examinations strictly according to regulations; to report on the examination results to the competent bodies for consideration and decision on recognition thereof;

5. To settle complaints and denunciations of examinees.

Article 28.- Method of marking and determination of successful examinees

1. Each examination subject shall be marked on a 100-point scale.

2. To pass the examinations, examinees must take up all examination subjects and get at least 55 points for each.

Article 29.- Rank certification and appointment to public employee's ranks

1. On the basis of the examination results, within 30 days after the examination results are available, the agencies competent to manage public employee's ranks shall grant the rank certificates to the public employees who have passed the examinations.

2. On the basis of the rank certificates, the agencies competent to manage public employees shall issue rank promotion decisions and grade the public employees' salaries according to the ranks for which they have been examined according to regulations.

Section 2. TRAINING AND FOSTERING

Article 30.- Training and fostering of public employees

1. The agencies competent to manage public employees shall have to formulate training plannings and plans and organize the training and fostering in order to create sources of public employees and raise their qualifications and capabilities.

2. The public employee-employing agencies shall have to create conditions for public employees to have training and fostering in order to raise their qualifications according to the criteria of professional titles of the public employee's ranks and according to the training and fostering plans.

Section 3. TRANSFER, APPOINTMENT TO LEADING POSTS, RESIGNATION, RELIEF FROM DUTY, ROTATION, SECONDING

Article 31.- Transfer

1. The transfer of public employees must be based on the work demands of the agencies as well as the qualifications and capabilities of public employees.

2. When transferring public employees to working positions involving different professional operations, the agencies employing and managing them must propose competent authorities to decide to shift the public employees to the corresponding ranks as appropriate.

3. If any officials or employees falling into the subjects specified at Points a, d, e and g, Clause 1, Article 1 of the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees are transferred by competent agencies to work at State agencies, political organizations, socio-political organizations or armed forces, their appointment to public employee's ranks must be based on the working positions and professional criteria of such ranks. The order and procedures of rank appointment shall be the same as those applicable to rank shift prescribed in Article 22 of this Decree.

Article 32.- Appointment to leading posts

1. The appointment of public employees to leading posts shall be based on the requirements and tasks of the agencies, criteria and conditions of the leading positions, and according to the competence, order and procedures prescribed for the appointment of leading officials or public employees.

2. Public employees shall be appointed to leading posts for a definite term, at the end of the post-holding term, they must be considered for re-appointment or non-re-appointment.

3. If public employees are arranged to other jobs or appointed to new posts, they shall be automatically cease to hold their incumbent posts.

Article 33.- Relief from leading posts

Public employees holding leading posts shall be considered by competent authorities for relief from duty and arrangement to other jobs before their appointment terms expire in the following cases:

1. Due to work demands;

2. Due to their poor health;

3. Due to failure to fulfill their tasks;

4. Due to violations of disciplines, which are not serious enough to be disciplined in the form of demotion.

Article 34.- Resignation

1. If public employees holding leading posts wish to resign, they must give in their resignations to the heads of their employing agencies. The heads of their employing agencies shall report on their resignations to the agencies competent to manage public employees for consideration and decision.

2. Within one month after receiving the resignations, the agencies competent to manage public employees must consider and make decisions thereon or report such to competent authorities for decision.

3. Pending the acceptance of their resignations, the public employees holding leading posts must still discharge their assigned tasks and powers.

4. After public employees resign and cease to hold leading posts, they shall be arranged to other jobs.

Article 35.- Rotation

1. The rotation of public employees shall be applied in the following cases:

a/ Reinforcing or supplementing the contingent of officials and public employees quantitatively and qualitatively for State agencies, political organizations, socio-political organizations or non-business units in order to ensure the fulfillment of their assigned tasks;

b/ Rotating officials and public employees between the local and central levels and among different agencies, branches or domains according to plannings.

2. When officials or public employees holding leading or managerial posts and falling into the subjects specified at Points a, d, e and g, Clause 1, Article 1 of the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees are rotated under decisions of competent bodies to hold leading posts in State agencies, political organizations, socio-political organizations or armed forces, their appointment to public employee's ranks must be based on the working positions and professional criteria of such ranks. The order and procedures of rank appointment shall be the same as those applicable to rank shift prescribed in Article 22 of this Decree.

3. Public employees who are rotated to work in highland, deep-lying, remote, border or island areas shall enjoy, in addition to preferential policies, a number of other incentive policies according to the State's general regulations.

Article 36.- Seconding

1. Basing themselves on the requirements of tasks and official duties, the agencies competent to manage public employees may second public employees to work for a definite term in other agencies, organizations or units. The seconding period shall not exceed three years at a time.

2. The seconding of public employees shall be effected in the following cases:

a/ Due to the emergence of unexpected or urgent tasks while the transfer of public employees cannot be effected.

b/ Due to the fact that some work needs to be settled only in a certain period of time.

3. The seconded public employees shall place themselves under the work assignment of the agencies, organizations or units where they are seconded to. The seconding agencies shall have to pay salaries to and ensure other interests for the seconded public employees.

4. The public employees seconded to highland, deep-lying, remote, border or island areas shall enjoy the preferential policies according to the State's general regulations.

Section 4. EVALUATION OF PUBLIC EMPLOYEES

Article 37.- Purposes

Evaluation of public employees aims to accurately assess their capabilities, qualifications, working results and moral qualities, serving as a basis for arranging, employing, promoting, training, fostering, and implementing policies towards, public employees

Article 38.- Grounds for and order of evaluation of public employees

1. When evaluating public employees, their agencies must base themselves on the public employees' assigned tasks, task performance results and ethical qualities.

2. The evaluation of public employees shall be organized at the end of each year in the following order: public employees self-remark on their work; collectives where they work give comments and write on grading papers; after consulting the comments and grading of the collectives, the heads of the agencies evaluate and decide on the grading of public employees; evaluation opinions are notified to each public employee.

3. Public employees have the right to present and reserve their self-remarks but must abide by the conclusion opinions of competent bodies.

4. The evaluation of seconded public employees shall be made by the agencies employing such public employees. Written evaluations of the seconded public employees shall be forwarded to the seconding agencies for filing into the public employees' files.

5. Public employees' evaluation documents shall be preserved in their files.

Article 39.- Evaluation of leading public employees

The evaluation of public employees holding leading posts shall be made according to the management decentralization. Apart from the grounds stated in Article 38 of this Decree, the evaluation of leading public employees must be also based on the operation results of the agencies or units and the responsibilities of the leading public employees.

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