Chapter IV
MANAGEMENT OF CIVIL SERVANTS
Article 47. Contents of civil servant management
1. Promulgating legal documents on civil servants.
2. Working out plans and plannings on civil servants.
3. Prescribing civil servant ranks, titles and codes; describing and providing for civil servant working positions and structures.
4. Determining civil servant payrolls and the management thereof.
5. Conducting civil servant recruitment and employment.
6. Implementing training and retraining regimes for civil servants.
7. Implementing wage and preferential regimes and policies towards civil servants.
8. Carrying out the commendation and disciplining of civil servants.
9. Implementing job discontinuation and retirement regimes towards civil servants.
10. Implementing the regimes of reporting, making statistics on. and management of files, on civil servants.
11. Inspecting and examining the enforcement of the law on civil servants.
12. Directing and organizing the settlement of complaints and denunciations related to civil servants.
Article 48. Tasks and powers of the Ministry of Home Affairs
The Ministry of Home Affairs is answerable to the Government for the performance of the state management of civil servants, having the following tasks and powers:
1. To draft laws and ordinances on civil servants for submission by the Government to the National Assembly and National Assembly Standing Committee.
2. To formulate and submit to the Government or the Prime Minister for approval strategies, plans, planning and programs on the development of the civil servant contingent; to assign or decentralize the management of civil servants and civil servant payrolls; to work out strategies and plans on the training and fostering of civil servant contingent, wage and other incentive policies and regimes for civil servants, policies towards talented civil servants, title criteria and recruitment of civil servants to leading or managerial posts in state administrative agencies; the appointment, reappointment, transfer, rotation, secondment, resignation, relief of duty, commendation, disciplining, job discontinuation and retirement of civil servants.
3. To prescribe civil servant ranks and rank codes; to promulgate and guide, inspect the implementation of civil servant titles, rank criteria, rank structure, recruitment examination regulations, civil servant rank promotion examination regulations, internal rules on recruitment examinations and rank promotion examinations, civil servant evaluation regulations: programs on retraining based on civil servant rank standards, programs on training and retraining based on standards of leading and managerial posts.
4. To provide for the compilation and management of civil servant files; civil servant numbers; codes of state administrative agencies; civil servant's cards and card wearing; and civil servant uniforms.
5. To manage the quantity, quality and structures of civil servant ranks and quantity of working positions.
6. To assume the prime responsibility for organizing examinations for the promotion of civil servants from the official or equivalent rank to the principal official or equivalent rank and from the principal official or rank to the senior official or equivalent rank in state agencies and state-owned non-business units; to assume the prime responsibility for, and coordinate with line ministries or ministerial-level agencies in, forming a bank of civil servant rank promotion examination questions; to supervise and inspect the organization of the promotion of civil servants from the employee rank to the technician or equivalent rank and from the employee, technician and equivalent ranks to the official or equivalent rank by civil servant-managing bodies; to appoint, arrange salaries and raise salaries ahead of time for senior officials and civil servants of equivalent ranks.
7. To guide and organize the making of statistics on the civil servant contingent nationwide; to establish and manage the national data on the civil servant contingent.
8. To guide and organize the implementation of the regime of reporting on civil servant management.
9. To inspect and check the enforcement of the law on civil servants.
10. To settle complaints and denunciations related to civil servants according to decentralization and the law on complaints and denunciations.
Article 49. Tasks and powers of ministries, ministerial-level agencies and government-attached agencies
1. To manage the quantity, criteria, recruitment and employment of civil servants under their management as assigned or decentralized; to regularly raise wages and extra-seniority allowances for civil servants of senior official and equivalent ranks; to conduct rank appointment, arrange salaries, raise salaries and extra-seniority allowances for civil servants of principal official and equivalent or lower ranks.
2. To organize recruitment and to assign, decentralize the recruitment, employment, training and retraining of civil servants under their management.
3. To manage civil servant working positions and payrolls according to assignment or decentralization and under law.
4. To decide on recruitment examination and test contents after they are appraised by the Ministry of Home Affairs; to manage the programs on refresher training in professional knowledge and skills of the sectors or domains under their management.
5. To assume the prime responsibility for. and coordinate with the Ministry of Home Affairs and concerned agencies in, formulating regimes and policies towards civil servants of their particular sectors or domains for submission to the Government and the Prime Minister.
6. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, in setting professional standards of civil servant ranks in their sectors or domains for the Ministry's agreement on the promulgation thereof, to coordinate with the Ministry in organizing examinations for the promotion of civil servant ranks in their sectors or domains.
7. To assume the prime responsibility for. and coordinate with the Ministry of Home Affairs in. organizing examinations for the promotion from the employee rank to the technician or equivalent rank; from the employee, technician and equivalent ranks to the official and equivalent rank for civil servants under their management.
8. To organize the application of wage regimes and other incentive regimes and policies towards civil servants under their management.
9. To commend and discipline civil servants or propose competent authorities to commend or discipline them according to regulations.
10. To make statistics and statistical reports on civil servants according to regulations.
11. To guide, inspect and examine the enforcement of laws towards civil servants under their management.
12. To settle complaints and denunciations according to decentralization and the law on complaints and denunciations.
Article 50. Tasks and powers of provincial-level People's Committees
1. To manage the quantity, criteria.
recruitment and employment of civil servants under their management as assigned1 or decentralized; to regularly raise wage grades and extra-seniority allowances for civil servants of senior official or equivalent rank; to effect rank appointment, wage arrangement, wage and extra-seniority allowance raising for civil servants of principal official and equivalent or lower ranks.
2. To organize the recruitment and assign or decentralize the recruitment, employment, training and retraining of civil servant under their management.
3. To manage civil servant working positions and payrolls according to decentralization and law.
4. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in. organizing examinations for the promotion of civil servants from the employee rank to the technician or equivalent rank and from the employee, technician or equivalent rank to the official or equivalent rank for civil servants under their management.
To apply the wage regime and other incentive regimes and policies towards civil servants under their management.
6. To commend and discipline civil servants according to their competence or propose competent authorities to commend or discipline them according to regulations.
7. To make statistics and statistical reports on civil servants according to regulations.
8. To inspect and examine the enforcement of laws towards civil servants under their management.
9. To settle complaints and denunciations according to decentralization and the law on complaints and denunciations.
Article 51. Tasks and powers of civil servant-employing agencies
1. To apply state regimes and policies to civil servants.
2. To arrange and assign tasks to civil servants and inspect their task performance.
3. To recruit civil servants as assigned or decentralized; to propose civil servant-managing agencies to conduct evaluation, appointment, reappointment, resignation, relief of duty, rank promotion, transfer, rotation, secondment, training and retraining of civil servants according to regulations.
4. To evaluate civil servants according to regulations.
5. To commend and discipline civil servants according to their competence or propose competent authorities to commend or discipline them according to regulations.
6. To compile and archive personal files of civil servants under their management according to regulations.
7. To send statistical reports to superior civil servant- managing agencies on the contingent of civil servants under their management according to regulations.
8. To settle complaints and denunciations according to regulations.
Article 52. The regime of reporting on civil servant management
1. Agencies managing civil servants shall report on the civil servant management under Article 68 of the Law on Cadres and Civil Servants.
2. The Ministry of Home Affairs shall detail and organize the implementation of the regime of reporting on civil servant management.
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Nghị định 24/2010/NĐ-CP (Bản Word)
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