Chương 1 Nghị định 54/2005/NĐ-CP: Những quy định chung

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of governing

Decree stipulates regime of the employment termination, the compensation for training costs for officials and public employees in the state agencies (hereinafter referred to as agencies), administrative units of the state (hereinafter referred to as units).

Article 2. Subjects of governing

Subjects of governing in this Decree include:

1. Those who are prescribed at points b, c, đ, e and h (hereinafter collectively referred to as public employees) and those who are specified in point d (hereinafter referred to as civil servants) of clause 1 Article 1 of the Ordinance amending and supplementing a number of Articles of the Ordinance on officials and public employees dated April 29, 2003;

2. Those that are prescribed at clause 1 of Article 2 of this Decree are seconded to work in the economic organizations, social organizations, social - professional organizations.

Article 3. Principles for implementing regime of severance, compensation for training costs

When agencies and units implement the regime of severance, compensation for training costs for public servants, public employees, they must ensure the following principles:

1. Settling aspirations of employment termination of public servants and public employees as prescribed by law and using effectively cost of annual routine activities of agencies and units that are approved by the competent agency or from administrative revenues as prescribed by law;

2. Public servants, public employees who are sent (in the country and foreign countries) for training by the agencies and units that during the time of study or as returning to the agencies, units, such persons arbitrarily quit their jobs or unilaterally terminate the contracts must pay compensation for training costs;

3. Agencies, units must establish Council of considering compensation for training costs; Council of considering compensation for training costs based on seniority, dedication of public servants, public employees to determine compensation level for a part or all of the training costs calculated according to the provisions in point b, clause 2 of Article 13 of this Decree;

4. Public servants, public employees who are solved severance regime or must pay compensation for training costs may complain to the competent agencies or units under the provisions of law on complaints and denunciations or request the Court to resolve in accordance with law regulations;

When agencies and units receive complaints of public servants, public employees, it shall be responsible for replying concerned persons according to the decentralization of management and in accordance with the law regulations on complaints and denunciations;

5. Agencies, units who are competent to manage public servants and public employees shall keep records of public servants, public employees who terminated employment, those who must pay the compensation for training costs;

Agencies, units and individuals who are competent to manage records of civil servants and public employees must take responsibility as prescribed by law when make records of public servants, public employees who terminated employment, those who must pay the compensation for training costs be loosen, damaged or falsified.

Article 4. Public servants, public employees who are terminated employment due to reorganization arrangement, reduction of staffs

Public servants, public employees who are terminated employment due to reorganization arrangement, reduction of staffs according to the decisions of the competent agencies, units who are not subject to the regime of severance under the provisions of this Decree.