Chương 4: Pháp lệnh Cán bộ, công chức năm 1998 Bầu cử, tuyển dụng, sử dụng cán bộ, công chức

Chapter IV

ELECTION, RECRUITMENT AND USE OF PUBLIC EMPLOYEES

SECTION 1. ELECTION

Article 21.- The election of deputies to the National Assembly, deputies to the People's Councils and other posts in the system of State agencies shall be conducted in accordance with the Constitution, the Law on Election of National Assembly Deputies, the Law on Election of Deputies of the People's Councils, the Law on Organization of the National Assembly, the Law on Organization of the Government, the Law on Organization of the People's Councils and the People's Committees and other legal documents.

The election of people to the posts in political organizations and socio-political organizations shall comply with the statutes of such organizations.

Article 22.- When the elected people defined in Point 1, Article 1 of this Ordinance discontinue their posts, they shall be given a job suited to their capabilities, strengths and specialized professions and assured to enjoy policies and regimes towards public employees.

SECTION 2. RECRUITMENT

Article 23.- When recruiting public employees as stipulated in Points 2, 3 and 5, Article 5 of this Ordinance, the recruiting agencies or organizations shall base themselves on their working requirements, working positions of the titles of public employees in their respective agencies or organizations and their assigned payroll quotas. To be recruited, people must be possessed of good moral qualities, meet the professional criteria and pass recruitment examinations as prescribed by law.

The recruits must be subject to the probation regime. Upon the expiry of the probation duration, the heads of the agencies, organizations or units that employ public employees shall assess their moral qualities and working results; and propose, if they satisfy the requirements, the agencies or organizations competent to manage public employees to make decisions to officially appoint them to the appropriate job grades.

Article 24.- The selection and appointment of judges of the people's courts and prosecutors of the people's procuracy shall comply with the Law on Organization of the People's Court, the Ordinance on Judges and Jurors of the People's Court, the Law on Organization of the People's Procuracy and the Ordinance on Prosecutors of the People's Procuracy.

SECTION 3. TRAINING AND FOSTERING

Article 25.- Agencies or organizations competent to manage public employees shall have to elaborate the general planning and plans for and organize the training and fostering of public employees in order to create sources thereof and raise their qualifications and capabilities.

Article 26.- The training and fostering of public employees shall be based on the general planning, plans and criteria for each post and professional criteria for each job grade.

Article 27.- The training and fostering of public employees is funded by the State budget. The training and fostering regime shall be prescribed by the competent agencies or organizations

SECTION 4. JOB TRANSFER, SECONDING

Article 28.- Agencies or organizations competent to manage public employees shall be entitled to transfer public employees to work at central or local agencies or organizations according to the requirements of the task or public duty.

Article 29.- Agencies or organizations competent to manage public employees shall be entitled to second public employees for a special duty within a given time limit at another agency or organization according to the requirement of the task or public duty.

The seconded public employees shall obey the job assignment by the agency or organization where they are sent to. The agency or organization that seconds their public employees for a special duty shall have to pay wages and ensure other interests for the seconded public employees.

SECTION 5. RETIREMENT AND JOB DISCONTINUATION

Article 30.- Public employees who fully meet the conditions regarding age and period of social insurance contribution as prescribed in Article 145 of the Labor Code shall be entitled to the retirement and other regimes as prescribed in Article 146 of the Labor Code.

Article 31.-

1. In cases where some branches, occupations or working posts require, the working period of public employees who are eligible for the retirement regime may be prolonged. The prolonged time shall not exceed five years; in special cases this time limit may be longer.

2. Competent agencies or organizations shall make a detailed list of branches, occupations and working posts where the working period of public employees can be prolonged.

3. The prolongation of the working period of public employees must ensure the following principles:

a/ The employing agency or organization actually needs to employ the public employees;

b/ The public employees have sufficient health conditions and voluntarily continue to work.

Article 32.-

1. Public employees specified in Points 2, 3, 4 and 5, Article 1 of this Ordinance may discontinue their job and shall be entitled to the job discontinuation regime in the following cases:

a/ Due to the organizational restructuring or payroll reduction by decision of a competent agency or organization;

b/ Wishing to discontinue their job and it is so approved by a competent agency or organization.

The Government shall stipulate the job discontinuation regime and policies for the cases under this Clause.

2. Public employees who quit their job without permission shall be disciplined, not be entitled to the job discontinuation regime and other benefits and have to refund the training costs in accordance with the provisions of law.

3. During the time a public employee is considered for discipline or examined for penal liability, he/she shall not be allowed to discontinue his/her job before a handling decision is issued.