Chương 4 Nghị định 29/2012/nđ-cp tuyển dụng, sử dụng và quản lý viên chức: Quản lý viên chức

Chapter 4.

PUBLIC EMPLOYEE MANAGEMENT

Article 44. Contents of public employee management

1. Develop public employee schemes and planning.

2. Regulate standards and titles of public employees; determine positions and tasks based on respective titles and salaries.

3. Organize employment and entering into employment contracts, allocate, assign tasks, transfer, examine and assess public employees.

4. Change working titles.

5. Implement education and training policies for public employees.

6. Implement salary policies and other benefits for public employees.

7. Implement public employee commendation and discipline.

8. Handle dismissal and retirement of public employees.

9. Follow policies on reporting, inventory and managing public employee dossiers.

10. Inspect and examine implementation of regulations and law on public employees.

11. Handle complaints and accusations against public employees.

Article 45. Tasks and powers of the Ministry of Home Affairs

The Ministry of Home Affairs shall take responsibility before law for performing the state management of public employees, and have the following tasks and powers:

1. To formulate, amend and supplement the law on public employees for submission by the Government to the National Assembly and National Assembly Standing Committee.

2. To elaborate and submit to the Government and Prime Minister for stipulation strategies, master plans, plans and programs on development of the contingent of public employees; to assign and decentralize the management of public employees; to identify working positions and structures of public employees according to professional titles; to formulate strategies and plans on training and retraining of public employees; salary regimes, policies to talented public employees; and regulations on appointment, re-appointment, secondment, resignation, relief from duty, commendation, disciplining, termination of working contracts, job discontinuation and retirement of public employees.

3. To assign codes to professional titles of public employees; appraise the elaboration and examine the implementation of criteria of public employees' professional titles; to issue regulations on organization of examination and selection for public employee recruitment; to coordinate with ministries managing professional titles of specialized public employees in issuing regulations on professional title rank promotion examination and consideration for public employees; to appraise framework programs on retraining based on public employees' professional titles; to provide the implementation or application of civil servant titles to public employees working in administrative, general, office administration, planning and finance sections of public non­business units.

4. To assume the prime responsibility for, and coordinate with ministries managing professional titles of specialized public employees in, providing the compilation and management of records, identification numbers, cards and card wearing of public employees.

5. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees in, making statistics on the quantity and quality of public employees.

6. To coordinate with ministries managing professional titles of specialized public employees in organizing examination or consideration and recognizing examination results or consideration for promotion of public employee professional titles from rank II to rank I; to supervise and examine the examination or consideration for promotion of public employee professional titles; to appoint public employees to professional titles of rank I.

7. To guide and organize the implementation of the regime of reporting on management of public employees.

8. To inspect, examine and supervise the implementation of the law on public employees.

Article 46. Tasks and powers of ministries, ministerial-level agencies, government-attached agencies and organizations established by the Government or the Prime Minister other than public non-business units

1. To manage numbers, criteria, recruitment and employment of public employees within their management as assigned or decentralized; to decide on or decentralize the competence to decide on salary raises on a regular basis and ahead of schedule and extra-seniority allowances for public employees; to appoint, relieve from duty and arrange salary levels for public employees holding professional titles of rank II or lower.

2. To manage working positions as assigned or decentralized and as prescribed by law.

3. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and ministries managing professional titles of specialized public employees in, organizing examination or consideration for promotion of professional titles from rank III to rank II.

4. To assume the prime responsibility for or authorize the organization of examination or consideration for promotion of professional titles from rank IV to rank III for public employees under their management.

5. To make statistics and report on statistics on public employees according to regulations.

6. To settle complaints and denunciations as decentralized and as prescribed by law.

7. Ministries and ministerial-level agencies shall guide, inspect, examine and supervise the implementation of the law on public employees under their management.

8. Government-attached agencies and organizations established by the Government or the Prime Minister other than public non­ business units shall examine the implementation of the law on public employees under their management.

Article 47. Tasks and powers of ministries managing professional titles of specialized public employees

Ministries managing professional titles of specialized public employees have, in addition to the tasks and powers specified in Clauses 1, 2,3,5,6,7 and 8, Article 46 of this Decree, the following tasks and powers:

1. To specify contents, programs, forms and duration of retraining based on criteria of professional titles of specialized public employees.

2. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and related agencies in, formulating regimes and policies for public employees working in special sectors or fields, and submit them to the Government or the Prime Minister.

3. To assume the prime responsibility for, and coordinate with related agencies in, elaborating and promulgating criteria of professional titles of public employees in the sectors or fields under their management after obtaining appraisal opinions of the Ministry of Home Affairs.

4. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, organizing examination or consideration for promotion of public employees' professional titles from rank III to rank II.

5. Ministries managing professional titles of specialized public employees include:

a/ The Ministry of Home Affairs managing professional titles of public employees in the archival sector;

b/ The Ministry of Justice managing professional titles of public employees in the justice sector;

c/ The Ministry of Agriculture and Rural Development managing professional titles of public employees in the agriculture, forestry, irrigation and fisheries sectors;

d/ The Ministry of Construction managing professional titles of public employees in the construction appraisal and architecture sectors;

e/ The Ministry of Science and Technology managing professional titles of public employees in the science and technology sector;

f/ The Ministry of Natural Resources and Environment managing professional titles of public employees in the natural resources, environment, meteorology, hydrology, metrology, mapping, sea and island sectors;

g/ The Ministry of Education and Training managing professional titles of public employees in the education and training sector;

h/ The Ministry of Health managing professional titles of public employees in the medicine and pharmacy sector;

i/The Ministry of Labor, War Invalids and Social Affairs managing professional titles of public employees in the vocational training, labor and social affairs sector;

j/ The Ministry of Culture, Sports and Tourism managing professional titles of public employees in the culture, arts, physical training, sports and tourism sector;

k/ The Ministry of Information and Communications managing professional titles of public employees in the information and communications sector.

Article 48. Tasks and powers of provincial-level People's Committees

1. To perform the state management of the recruitment and employment of public employees under their management as assigned and decentralized; to raise salary levels regularly and ahead of schedule and extra-seniority allowances for public employees; to appoint, relieve from duty and arrange salaries for public employees of professional levels from rank II and below.

2. To decentralize the recruitment, employment, training and retraining of public employees in public non-business units under their management.

3. To manage working positions and numbers of public employees as decentralized and as prescribed by law.

4. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, organizing examination or consideration for promotion of professional titles from rank III to rank II. To assume the prime responsibility for organizing or decentralizing the organization of examination or consideration for promotion of professional titles from rank IV to rank III.

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

6. To make statistics and report on statistics on public employees according to regulations.

7. To inspect, examine and supervise the implementation of the law on public employees under their management.

8. To settle complaints and denunciations as decentralized and as prescribed by law.

Article 49. Tasks and powers of public non­business units

1. For non-autonomous public non-business units

a/ To implement the State's regimes and policies toward public employees as decentralized;

b/ To recruit, sign and terminate working contracts with and second public employees as decentralized;

c/ To arrange and assign tasks to public employees and examine their task performance, appoint, re-appoint, relieve from duty, evaluate, train and retrain public employees as decentralized;

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

e/ To compile and archive personal records of public employees under their management according to regulations;

f/ To settle the job discontinuation and retirement of public employees as decentralized;

g/ To sign piecework contracts with retired public employees;

h/ To make statistics on and report to superior agencies and organizations on quantity and quality of public employees under their management according to regulations;

i/ To settle complaints and denunciations in accordance with law.

2. For autonomous public non-business units, in addition to the tasks and powers defined in Clause 1 of this Article, they are also assigned with the following tasks and powers:

a/ To organize professional title rank promotion examination or consideration as decentralized or authorized;

b/ To decide to send public employees to attend workshops and conferences and study and learn experiences overseas as decentralized.