Chương 4 Nghị định 117/2003/NĐ-CP: Quản lý công chức

Chapter IV

MANAGEMENT OF PUBLIC EMPLOYEES

Article 40.- Contents of management of public employees

1. Promulgating, and organizing the implementation of, legal documents, charters and regulations on decentralization of the management of public employees.

2. Formulating plannings and plans on the building, training and fostering of the contingent of public employees.

3. Prescribing the titles and criteria of public employees.

4. Prescribing the payrolls of public employees in State administrative agencies at the central level; prescribing the administrative payroll limits for the People's Committees.

5. Organizing the management, employment, training and fostering of public employees.

6. Promulgating regulations on recruitment, rank promotion; the probationary regime.

7. Evaluating public employees.

8. Directing, organizing the implementation of the salary regime and entitlement, commendation and disciplining regimes and policies for public employees.

9. Implementing the regime of reporting and statistics on public employees.

10. Inspecting and examining the implementation of law provisions on public employees.

11. Directing, organizing the settlement of complaints and denunciations related to public employees.

Article 41.- Tasks and powers of the Ministry of Home Affairs

The Ministry of Home Affairs is a governmental agency performing the function of State management over public employees and having the following tasks and powers:

1. To draft bills and ordinances on public employees for the Government to submit them to the National Assembly or the National Assembly Standing Committee;

2. To formulate and submit to the Government for approval: plannings and plans on the building of the contingent of public employees; schemes on assignment and decentralization of the management of public employees and total State administrative payrolls; plans on training and fostering of the contingent of public employees; the regime of salaries and other entitlement policies and regimes for public employees; the reserve public employee regime; the probationary regime, and regulatory documents on the management of public employees;

3. To formulate and submit to the Government the schemes on the employment, evaluation, transfer, appointment, re-appointment, rotation, commendation and disciplining of public employees and the public employee's rank structures in State administrative agencies;

4. To formulate and submit to the Government for prescription the administrative payroll quotas of the provincial/municipal People's Committees;

5. To decide on the allocation of administrative payroll limits to the ministries, ministerial-level agencies and Government-attached agencies according to the authorization of the Prime Minister;

6. To promulgate regulations on the titles and professional criteria for public employee's ranks; promulgating a regulation on recruitment and a regulation on rank promotion for public employees;

7. To quantitatively and qualitatively manage, to effect rank appointment, salary grading and raising for, the public employees of high ranks; organize examinations for promotion to the senior-specialist and principal specialist ranks for public employees; examine and supervise recruitment and rank promotion examinations organized by the ministries, ministerial-level agencies, Government-attached agencies or provincial/municipal People's Committees; grant certificates of the senior-specialist ranks and specialized public employee's rank equivalent to the senior-specialist rank;

8. To provide for the compilation and management of public employees' files; numerical signs of public employees; public employee's papers; public employee's cards and regulations on the wearing thereof;

9. To organize the collection of statistics on the contingent of public employees nationwide;

10. To inspect, examine the implementation of the State's regulations on public employees in the State administrative agencies at the central and local levels;

11. To settle complaints and denunciations related to public employees according to its decentralized responsibility and law provisions on complaints and denunciations.

Article 42.- Tasks and powers of the ministries, ministerial-level agencies and Government-attached agencies

The ministries, ministerial-level agencies and Government-attached agencies (hereinafter referred to as ministries for short) have the following tasks and powers:

1. To quantitatively and qualitatively manage, recruit, employ, appoint, transfer, rotate, evaluate, evaluate, grade salaries and raise salaries for, public employees of the principal-specialist, equivalent and lower ranks;

2. To organize the recruitment, training and fostering of public employees under their direct management;

3. To organize the recruitment, management and employment of reserve public employees according to law provisions;

4. To assign the payroll quotas to State administrative agencies under their direct management;

5. To discharge the tasks and powers of ministries managing specialized public employee's ranks under the provisions in Article 44 of this Decree regarding the specialized public employee's ranks under their management;

6. To organize rank promotion examinations for public employee' ranks equivalent to or lower than the specialist rank according to regulations;

7. To organize the implementation of the salary regime and other entitlement regimes and policies for their public employees;

8. To commend and discipline public employees or propose competent authorities to commend and/or discipline them according to regulations;

9. To organize the statistical collection and reports on public employees according to regulations;

10. To guide, inspect and examine the enforcement of the State's regulations on public employees under the management of the ministries or branches;

11. To settle complaints and denunciations related to public employees according to their decentralized responsibilities and law provisions on complaints and denunciations.

Article 43.- Assignment of agencies to manage specialized public employee's ranks

The following ministries and ministerial-level agencies are assigned to manage specialized public employee's ranks:

1. The Ministry of Home Affairs shall manage the specialized public employee's ranks in the administrative and cipher branches;

2. The Ministry of Finance shall manage the specialized public employee's ranks in the accounting, tax, audit, customs and reserve branches;

3. The State Bank of Vietnam shall manage the specialized public employee's ranks in the in the banking branch;

4. The State Inspectorate shall manage the specialized public employee's ranks in the inspection branch;

5. The Ministry of Justice shall manage the specialized public employee's ranks in the justice branch;

6. The Ministry of Agriculture and Rural Development shall manage the public employee's ranks in the agriculture, forestry and irrigation branches;

7. The Ministry of Post and Telematics shall manage the specialized public employee's ranks in the post and telematics branch.

Article 44.- Tasks and powers of the ministries managing specialized public employee's ranks

The ministries and ministerial-level agencies managing specialized public employee's ranks have the following tasks and powers:

1. To formulate the professional criteria for specialized public employee's ranks for the Ministry of Home Affairs to promulgate them uniformly;

2. To prescribe the contents of recruitment and rank promotion examinations for specialized public employee's ranks;

3. To work out regimes and policies for specialized public employees for the Ministry of Home Affairs to submit them to the Government;

4. To prescribe the contents, programs and modes of, and organize, the training and fostering of public employees of specialized public employee's ranks;

5. To organize rank promotion examinations and grant rank certificates for the specialized public employee's rans equivalent to the principal-specialist rank assigned to them for management;

6. To coordinate with the Ministry of Home Affairs in organizing rank promotion examinations for the specialized public employee's rank equivalent to the senior-specialist rank assigned to them for management.

Article 45.- Tasks and powers of the People's Committees of the provinces and centrally run cities:

The People's Committees of the provinces and centrally-run cities (hereinafter referred to as the provincial-level People's Committees for short) have the following tasks and powers:

1. To quantitatively and qualitatively manage, recruit, employ, appoint, transfer, rotate, evaluate, evaluate, grade salaries and raise salaries for, public employees of the principal-specialist, equivalent and lower ranks;

2. To prescribe the payroll quotas for the administrative agencies of the provincial-level People's Committees

3. To organize the recruitment, training and fostering of public employees according to regulations;

4. To organize the recruitment, employment and management of reserve public employees according to regulations;

5. To organize rank promotion examinations for the junior-staff member, specialist and other equivalent ranks according to regulations;

6. To organize the implementation of the salary regime and other entitlement regimes and policies for their public employees;

7. To commend and discipline public employees according to their competence or propose competent authorities to commend and/or discipline them according to regulations;

8. To organize the statistical collection and reports on public employees according to regulations;

9. To inspect and examine the enforcement of the State's regulations on public employees at the administrative agencies under the provincial-level People's Committees;

10. To settle complaints and denunciations related to public employees according to law provisions on complaints and denunciations.

Article 46.- Tasks and powers of public employee-employing agencies

The public employee-employing agencies have the following tasks and powers:

1. To organize the implementation of the State's regimes and policies for public employees;

2. To arrange, assign tasks to public employees and examine their task performance;

3. To propose to the agencies competent to manage public employees the requirements regarding the recruitment, appointment, rank promotion, rank shift, transfer, seconding, training and fostering of public employees;

4. To evaluate public employees they employ according to regulations;

5. To arrange, assign tasks to, guide, comment and evaluate, reserve public employees;

6. To commend, reward, discipline public employees according to their respective competence or propose competent authorities to commend, reward or discipline them according to regulations;

7. To guide statistics and report on the situation of public employees under their respective management to the superior agencies managing public employees according to regulations;

8. To settle complaints and denunciations related to public employees in their agencies.

Article 47.- Management of public employee's files

The public employee-employing agencies shall have to compile and keep personal files of public employees. All developments in the working process of public employees from the time they are recruited, appointed to the time they give up their jobs must all be recorded in their files.

The compilation, management and preservation of public employee's files shall be effected according to the decentralized management.