Chapter II
PROVISIONS ON THE RIGHT TO AUTONOMY, SELF-RESPONSIBILITY FOR TASK PERFORMANCE, ORGANIZATIONAL APPARATUS AND PAYROLL
Section 1. RIGHT TO AUTONOMY AND SELF-RESPONSIBILITY FOR TASK PERFORMANCE
Article 5.- The right to autonomy and self-responsibility for task performance
Non-business units shall exercise the right to autonomy and self-responsibility in defining tasks, elaborating plans and organizing operations, including:
1. With regard to tasks assigned or ordered by the State, the units may take initiative in deciding on performance measures to ensure the quality and schedule.
2. With regard to other activities, the units shall have the right to autonomy and be responsible for the following tasks:
a/ Organizing service activities in accordance with their professional domains and capabilities as well as the provisions of law;
b/ Entering joint-ventures or cooperation with organizations and/or individuals to provide services, thus meeting social demands in accordance with the provisions of law.
3. Non-business units which self-finance all or part of their operations (as defined in Article 9 of this Decree) shall, depending on the domains they are operating in and their capabilities, be entitled to:
a/ Decide on property procurement, investment in construction of material foundations with non-business operation development funds and mobilized capital according to the plans approved by competent authorities;
b/ Participate in bidding for service activities in accordance with their professional domains;
c/ Use property for joint venture, cooperation or contribute capital to joint-ventures with domestic and foreign organizations and/or individuals for construction investment, procurement of machinery and equipment for service activities in line with their functions and tasks under the State's current regulations.
4. Branch- and domain-managing ministries shall assume the prime responsibility for, and coordinate with the Home Affairs Ministry and the Finance Ministry in, guiding the exercise of the right to autonomy and self-responsibility for task performance in nonbusiness domains under their respective state management.
Section 2. RIGHT TO AUTONOMY, SELF-RESPONSIBILITY FOR ORGANIZATIONAL APPARATUS, PAYROLL AND PERSONNEL
Article 6.- On organizational apparatus
1. On founding: Non-business units may found their attached non-business organizations for service activities in accordance with their assigned functions and tasks; with the plan on autonomy and self-responsibility for task performance, organizational apparatus and payroll, which shall self-finance their operations (except non-business units where, as provided for by law, this power is vested to the Government, the Prime Minister, branch-managing ministers or presidents of provincial-level People's Committees).
2. On merger and dissolution: Non-business units may merge or dissolve their attached organizations (except non-business units where, as provided for by law, this power is vested to the Government, the Prime Minister, branch-managing ministers or presidents of provincial-level People's Committees).
3. The specific functions and tasks as well as operation regulations of the said attached organization shall be provided by the heads of non-business units (except non-business units where, as provided for by law, this power is vested to the Government, the Prime Minister, branch-managing ministers or presidents of provincial-level People's Committees).
Article 7.- On payroll
1. Non-business units which self-finance ail their operations shall be entitled to decide on their payroll. For non-business units which self-finance part of their operations and those wholly funded by the state budget, on the basis of their assigned functions and tasks and actual work requirements, payroll quotas and financial capacities, their heads shall elaborate annual payroll plans to be sent to immediate managing agencies for sum-up and handling according to their competence.
2. Heads of the units may decide to sign labor-hiring or package contracts for the performance of jobs which need no regular staffs on the payroll; sign contracts or other forms of cooperation with domestic and foreign experts as well as scientists so as to meet the units' professional requirements.
Article 8.- On management and use of cadres and civil servants
1. To decide on recruitment of cadres and civil servants through examination or consideration.
2. To decide on appointment of civil servants (for titles equivalent to senior experts or lower titles), sign working contracts with recruits who satisfy all criteria of the concerned ranks and are compatible with the structure of professional titles under the provisions of law.
3. To arrange and use cadres and civil servants on the basis of ensuring the compatibility of the assigned tasks with their respective ranks and the state regulations on responsibilities to perform their tasks and public duties.
4. To decide on mobilization, detachment, retirement, job severance, termination of working contracts, commendation or discipline of cadres and civil servants under their management in accordance with the provisions of law.
5. To decide on the raising of salary grades on time or ahead of time for cadres and civil servants in the same rank and receive, transfer holders of titles equivalent to senior experts or lower titles according to conditions and criteria prescribed by law.
6. Non-business units attached to ministries, ministerial-level agencies, Government-attached agencies or People's Committees of provinces or centrally-run cities may decide to invite foreign specialists for professional jobs, send their cadres to work or study abroad in order to raise their professional qualifications, and have competent agencies to carry out entry and exit procedures for them in accordance with the provisions of law.
7. Branch- and domain-managing ministries shall assume the prime responsibility for, and coordinate with the Home Affairs Ministry and the Finance Ministry in guiding the exercise of the right to autonomy and self-responsibility for organizational apparatus, payroll and personnel in the non-business domains under their respective state management.
Tìm kiếm
Nghị định 43/2006/NĐ-CP (Bản Word)