Chương 3 Nghị định 24/2010/NĐ-CP: Sử dụng công chức

Chapter III

EMPLOYMENT OF CIVIL SERVANTS

Section I. WORK ARRANGEMENT AND ASSIGNMENT AND CIVIL SERVANT RANK SHIFT

Article 27. Work arrangement and assignment

1. Heads of civil servant-employing agencies shall arrange and assign work, examine the work performance by civil servants, provide necessary conditions for civil servants to perform their tasks and apply regimes and policies to civil servants.

2. Work arrangement or assignment to civil servants must ensure conformity between their assigned powers and tasks and their appointed titles, positions and ranks.

3. Civil servants assigned to work in positions subject to periodical shift shall comply with law.

Article 28. Civil servant rank shift

1. Civil servant rank shift shall be effected when civil servants change their working positions or have to change their working positions as required when their current civil servant ranks fail to meet the requirements of the civil servant ranks of their new working positions.

2. Civil servants in rank shift must satisfy the professional standards of their new ranks.

3. Heads of civil servant-employing agencies shall base on the provisions of Article 43 of the Law on Cadres and Civil Servants to propose civil servant-managing bodies to decide on rank shift.

4. Rank shift must not be carried out in combination with rank promotion or salary raise.

Section 2. CIVIL SERVANT RANK PROMOTION

Article 29. Grounds, principles, standards and conditions for civil servant rank promotion

1 Civil servant rank promotion must be based on working positions, conform to the civil servant structures of civil servant-employing agencies and be conducted via rank promotion examinations according to regulations.

2. The principle of competition in rank promotion examinations will apply to civil servants in the same civil servant- managing agency.

3. Civil servants may register for rank promotion examinations when they fully meet the following criteria and conditions:

a/ Having well fulfilled their tasks within three latest consecutive years: possessing good political and ethical quality; not being serving a discipline or being informed of disciplining consideration by a competent body;

b/ Having professional qualifications and capabilities to undertake the working positions corresponding to the civil servant rank higher than their current rank in the same professional sector;

c/ Meeting diploma, certificate and other requirements on professional standards of the civil servant rank they have registered for examinations.

4. The agency managing civil servants shall make a list of civil servants fully meeting the criteria and conditions for rank promotion examination registration, send a report to the rank promotion examination-organizing agency defined in Article 30 of this Decree and take responsibility for the criteria and conditions of civil servants participating in rank promotion examinations.

For examinations for the promotion to the senior official or equivalent rank, the agency managing civil servants shall send a examination registration file of each civil servant to the rank promotion examination-organizing agency for appraisal and management.

Article 30. Division of tasks of organizing civil servant rank promotion examinations

1. The Ministry of Home Affairs shall assume the prime responsibility for organizing examinations for the promotion of the official or equivalent rank to the principal official or equivalent rank and of the principal official or equivalent rank to the senior official or equivalent rank in state agencies and state non-business units.

2. The Organization Commission of the Party

Central Committee shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, organizing examinations for the promotion of the official or equivalent rank to the principal official or equivalent rank and of the principal official or equivalent rank to the senior official or equivalent rank in agencies and non-business units of the Communist Party of Vietnam and in socio­political organizations.

3. The civil servant-managing bodies defined in Clause 2, Article 1 of this Decree shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, organizing examinations for the promotion of the employee rank to the technician or equivalent rank; and of the employee, technician or equivalent rank to the official or equivalent ranks for civil servants under their respective management.

4. In March every year, based on the provisions of Article 29 of this Decree, state agencies shall draw up rank promotion plans for every civil servant rank and send them to the Ministry of Home Affairs; competent bodies of the Communist Party of Vietnam, while socio- political organizations shall draw up rank promotion plans for every civil servant rank and send them to the Organization Commission of the Party Central Committee and concurrently to the Ministry of Home Affairs for unified implementation.

5. The Ministry of Home Affairs shall guide in detail forms of rank promotion examinations, contents of exam subjects, exam questions, mark scales and regulations on the organization of rank promotion examinations.

Article 31. Tasks and powers of civil servant rank promotion examination- organizing agencies

Heads of civil servant rank promotion examination-organizing agencies defined in Article 30 of this Decree have the following tasks and powers:

1. To work out plans for organization of civil servant rank promotion examinations;

2. To decide on civil servant rank promotion examination quotas suitable to the number of working positions and the structure of civil servants;

3. To decide on a list of civil servants fully meeting the criteria and conditions for participation in rank promotion examinations;

4. To set up a Civil Servant Rank Promotion Examination Council;

5. To recognize results of civil servant rank promotion examinations and notify them to agencies managing civil servants;

6. To inspect and supervise the examination organization by the Civil Servant Rank Promotion Examination Council.

Article 32. Civil Servant Rank Promotion Examination Councils

1. A Civil Servant Rank Promotion Examination Council shall be set up by the head of the agency organizing civil servant rank promotion examinations. It is composed of 5 or 7 members, including its chairman and secretary as well as other members.

2. The Civil Servant Rank Promotion Examination Council shall work on the principle of collectivism and decision by vote of majority, and has the following tasks and powers:

a/ To announce the plan, time, regulations, forms, contents, time and places for examinations;

b/ To form assisting sections, including an examination question board, an examination invigilation board, an exam papers' detachable head board, an exam paper- marking board and an examination appeal board;

c/ To organize the collection and use of examination fees according to regulations;

d/ To organize the exam paper marking and examination appeal handling according to regulations;

e/To summarize and report to the head of the rank promotion examination- organizing agency on results of rank promotion examinations;

f/ To settle complaints and denunciations in the process of examination organization.

Article 33. Identification of persons who pass civil servant rank promotion examinations

1. To pass rank promotion examinations civil
servants must satisfy the following conditions:

a/ Sitting examinations of all prescribed exam subjects;

b/ Getting a mark of 50 or higher for each exam paper, which is marked on a 100-mark scale;

c/ When meeting the conditions prescribed at Points a and b, Clause 1 of this Article, the person passing rank promotion examinations is the one who get a higher mark in a descending order within the rank promotion quota associated with the working position in the agency managing civil servants;

d/ If many persons get equal total marks for the last rank promotion quota of the civil servant-managing agency, the head of the rank promotion examination- organizing agency shall exchange opinions in writing with the civil servant-managing agency in order to decide on the last winner in the rank promotion quota.

2.In case the number of examination passers defined in Clause 1 of this Article is lower than the rank promotion quota of the civil servant-managing agency, the civil servant rank promotion examination-organizing agency may not further organize rank promotion examinations for this quota.

3. Civil servants who fail rank promotion examinations under Clause 1 of this Article are not entitled to reserve their rank promotion examination results for subsequent rank promotion examinations.

Article 34. Notification of exam results and appointment to civil servant ranks

1. The Civil Servant Rank Promotion Examination Council shall notify the civil servant-managing agency of examination marks of civil servants sitting the rank promotion examinations.

2. Within 15 days after the notification of examination marks, civil servants may file their written requests for re-examination of their examination results with the Civil Servant Rank Promotion Examination Council. The Civil Servant Rank Promotion Examination Council shall organize the re-marking of appealed examination papers and announce the results within 15 days from the date of expiry of the time limit for receipt of re-examination requests specified in this Clause.

3. Within 15 days after the provisions of Clauses 1 and 2 of this Article are completely implemented, the Civil Servant Rank Promotion Examination Council shall report examination results and the list of civil servants passing the examinations to the head of the agency assigned to organize civil servant rank promotion examinations for approval.

If many persons get equal total marks for the last rank promotion quota of the civil servant-managing agency, the Civil Servant Rank

Promotion Examination Council shall make a separate list of these persons for determining winners under Point d. Clause 1. Article 33 of this Decree.

4. Within 15 days after the provisions of Clause 3 of this Article are completely implemented, the head of the rank promotion examination-organizing agency shall decide on the rank promotion examination results and the list of examination passers, notifying them to the agency managing the civil servants who sit the examinations.

5. Within 15 days after receiving the list of persons who pass the rank promotion examinations, the head of the civil servant-managing agency shall issue decisions to appoint them to civil servant ranks and arrange their wages according to regulations.

With regard to the promotion to the senior official or equivalent rank, based on the rank promotion examination results, the Ministry of Home Affairs shall issue decisions to appoint them to set ranks and arrange their wages according to regulations.

Section 3. TRANSFER, ROTATION AND SECONDMENT OF CIVIL SERVANTS

Article 35. Transfer of civil servants

The transfer of civil servants shall be carried out in the following cases:

1. As required by specific tasks;

2. Shift of working positions according to law;

3. According to the planning and plans on the employment of civil servants within an agency, organization or units and among agencies, organizations and units under decisions of competent agencies.

Article 36. Rotation of civil servants

1. The rotation of civil servants shall be effected only for civil servants holding leading or managerial positions and planned for higher leading or managerial positions.

2. Cases of rotation:

a/ According to task requirements and civil servant employment planning and plans of agencies, organizations or units;

b/ Rotation between the central and local administrations, between sectors or domains according to planning, aiming to further train and retrain leading and managerial civil sen-ants.

Article 37. Secondment of civil servants

1. The secondment of civil servants shall be
effected in the following cases:

a/ As required by unexpected, urgent tasks:

b/ For performing work only within a given period of time.

2. The civil servant secondment time limit must not exceed 3 years. For a number of peculiar sectors or domains, the secondment time limit complies with the provisions of specialized law.

3. Seconded civil servants are subject to task assignment, job arrangement, performance assessment and inspection by agencies, organizations or units to which they are seconded and still remain in the payrolls of the seconding agencies, organizations or units. Civil servant-seconding agencies, organizations and units shall arrange appropriate jobs for these civil servants after the secondment period, pay salaries to them and ensure their other interests.

Article 38. Competence, order and procedures for transfer, rotation and secondment of civil servants

1. Heads of agencies, organizations or units assigned or decentralized to manage civil servants may decide on the transfer, rotation and secondment of civil servants.

2. The order and procedures for transferring, rotating and seconding civil servants comply with laws as well as regulations of competent civil servant-managing bodies.

Article 39. Regimes and policies applicable to transferred, rotated or seconded civil servants

1. In case civil servants are transferred or rotated to other working positions unsuitable to their current ranks, they shall be shifted to new ranks as provided in Article 29 of this Decree and resign from their current leading or managerial positions on the date the transfer or rotation decisions are issued.

2. In case leading or managerial civil servants are transferred to other working positions and enjoy a position-based allowance lower than their current position-based allowance, they are entitled to the current position allowance for 6 months.

3. In case civil servants are rotated to other working positions and enjoy a position-base allowance lower than their current position-based allowance, they are entitled to the current position allowances during the rotation period.

4. Civil servants seconded to work in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with particularly difficult socio-economic conditions are entitled to incentive regimes and policies provided for by law.

Section 4. APPOINTMENT, RE­APPOINTMENT, RESIGNATION, RELIEF OF DUTY OF CIVIL SERVANTS

Article 40. Appointment of civil servants to leadership or managerial posts

1. Criteria and conditions for appointment of leading or managerial civil servants:

a/ Satisfying the criteria and conditions of the posts or titles of appointment according to regulations of competent agencies;

b/ Having adequate personal records already verified by competent agencies, having a written declaration of assets according to regulations;

c/ Being in the prescribed group of age eligible for appointment;

d/ Being physically fit for fulfilling assigned tasks and responsibilities;

e/ Not being banned from holding certain posts as provided for by law.

2. The term of each appointment is 5 years,
except cases of appointment prescribed by
specialized laws or competent agencies.

Article 41. Re-appointment of leading or managerial civil servants

1. Civil servant-managing bodies may re­appoint or not re-appoint leading or managerial civil servants at the end of the appointment term defined in Clause 2. Article 40 of this Decree.

2. The criteria and conditions for re­appointment of a leading or managerial civil servant:

a/ Having fulfilled the tasks in the period of holding the leading or managerial post;

b/ Meeting the standards of the leading or managerial post he/she is holding at the time of consideration for re-appointment;

c/ Being physically fit for fulfilling assigned tasks and responsibilities;

d/ Not being banned from holding certain posts as provided for by law.

3. Re-appointment consideration time:

a/ At least 90 days before the expiry of the appointment duration, the civil servant-managing agency shall conduct the re­appointment process for decision or report to a competent agency for consideration and decision on re-appointment or non-reappointment of a leading or managerial civil servant;

b/ A decision on the re-appointment of a leading or managerial civil servant must be issued at least one working day before the expiry date of the appointment duration.

4. For a leading or managerial civil servant who is re-appointed upon the expiry of his/her appointment duration but still has less than 5 working years before reaching the retirement age. the appointment duration will be counted to the time they reach the prescribed retirement age. If he/she still has less than 2 working years before reaching the retirement age, his/her managing agency may consider and decide to extend his/ her duration of holding the leading or managerial post till he/she reaches the retirement age, if he/ she fully meets the prescribed criteria and conditions. A decision on the extension of the leading or managerial post-holding duration must be issued at least one working day before the expiry of the appointment duration.

5. For a leading or managerial civil servant who, upon the expiry of his/her appointment duration, fails to meet the re-appointment criteria and conditions, the competent agency shall arrange or assign another job to him/her.

Article 42. Resignation and relief of duty of civil servants

1. The resignation of a civil servant shall be effected in the following cases:

a/ The civil servant volunteers and takes the initiative in applying for resignation in order to pass his/her their leading or managerial post to another;

b/ The civil servant realizes that he/she is not fully qualified in physical strength, capability and prestige for the fulfillment of his/her assigned responsibilities;

c/ The civil servant realizes that the errors or shortcomings of his/her agency, organization or unit or his/her subordinates are related to his/her responsibilities;

d/The civil servant aspires to resign for other personal reasons.

2. The relief of duty of a civil servant shall be effected in the following cases:

a/. Being transferred or rotated to. arranged or assigned with, another job but not concurrently holding the former post;

b/ Being physically unfit for continued leadership or management work:

c/ Failing to fulfill his/her tasks or breaching the Party's disciplines or the State's law but not to the extent of being disciplined by dismissal;

d/ Lacking capability and prestige for work;

e/ Breaching a competent body's regulations on the internal political protection.

3. A civil servant who seeks permission to resign or relieve of his/her duty shall, pending a decision of competent authorities, continue performing his/her assigned tasks and responsibilities. After refraining from holding a leadership or managerial post due to resignation or relief of duty, he/she will be placed by the head of his/her employing agency into jobs suitable to the task requirements of his/her agency, organization or unit and his/her qualifications and capabilities.

Article 43. Competence, order and procedures for appointment, re-appointment, resignation and relief of duty of civil servants

1. Heads of agencies, organizations or units assigned or decentralized to manage civil servants shall decide on the appointment, re­appointment, resignation or relief of duty of civil servants.

2. The order and procedures for the appointment, re-appointment, resignation or relief of duty of civil servants comply with law and regulations of competent civil servant-managing bodies.

Article 44. Regimes and policies applicable to resigning or relieved-of duty civil servants

1. Leading or managerial civil servants who apply for permission to resign under Points a and b Clause 1. Article 42 of this Decree, are entitled to reserve their current position allowance for 6 months after the resignation decision is issued.

2. Leading or managerial civil servants who apply for permission to resign under Points c and d, Clause 1. Article 42 of this Decree, are entitled to reserve their current position allowance for 6 months after the resignation decision is issued.

3. Leading or managerial civil servants who are relieved of duty due to their poor health as provided for at Point b. Clause 2, Article 42 of this Decree, are entitled to reserve their current position allowance for 6 months after the decision on his/her relief of duty is issued.

4. Leading or managerial civil servants, who are relieved of duty under provisions of Points c, d and e. Clause 2, Article 42 of this Decree, shall refrain from enjoy their position-based allowances after the decisions on relief of duty are issued.

Section 5. CIVIL SERVANT EVALUATION ORDER AND PROCEDURES

Article 45. Annual civil servant evaluation order and procedures

1. For heads of agencies, organizations or units:

a/ Civil servants shall themselves evaluate their work performance against their assigned tasks and comment on their strengths and weaknesses in work;

b/ The collective of civil servants of civil servant-managing agencies shall meet to contribute their comments. Such comments shall be recorded in a minutes to be adopted at the meeting.

c/ Heads of the immediate superior managing agencies shall evaluate and categorize civil servants, then notify civil servants after consulting the minutes on comments of the collectives of the places where the leading or managerial civil servants work.

2. For deputy-heads and civil servants who do not hold leading or managerial positions (below referred collectively to as civil servants):

a/ The civil servants shall themselves evaluate their work performance against their assigned tasks;

b/ Heads of the employing agencies shall give comments on the civil servants' self-evaluation results and evaluate their strengths and weaknesses in work;

c/ The collective of civil servants of the employing agencies shall meet to give their comments, which shall be recorded in minutes to be adopted at the meetings;

d/ Heads of the employing agencies shall make conclusions and decide on the categorization of their civil servants at annual civil servant evaluation meetings.

Article 46. Order and procedures for the evaluation of civil servants prior to appointment, re-appointment, planning, transfer, training, retraining and at the end of the rotation or secondment period

The evaluation of civil servants prior to appointment, re-appointment, planning, transfer, training, retraining and at the end of the rotation or secondment period shall be made by the heads of the agencies, organizations or units employing those civil servants according to the order of and procedures for the appointment, re-appointment, planning, transfer, rotation or secondment of civil servants.