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THE GOVERNMENT
——-
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
————
No: 117/2003/ND-CP Hanoi, October 10, 2003

DECREE

ON THE RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF OFFICIALS AND PUBLIC EMPLOYEES IN STATE AGENCIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees and the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees;

At the proposal of the Minister of Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree prescribes the recruitment, employment and management of officials and public employees in the State agencies, armed forces, political organizations or socio-political organizations (hereinafter referred collectively to as public employees).

Article 2.- Subjects of regulation

Public employees referred to in this Decree are Vietnamese citizens who are on the payroll and enjoy salaries from the State budget as prescribed at Points b, c and f, Clause 1, Article 1 of the Ordinance on Officials and Public Employees, work in the following State agencies, armed forces, political organizations or socio-political organizations:

1. The National Assembly’s Office;

2. The State President’s Office;

3. The State administrative agencies at the central, provincial and district levels;

4. The People’s Courts and the People’s Procuracies at all levels;

5. The foreign-based diplomatic representation missions of the Socialist Republic of Vietnam;

6. Units of the People’s Army and the People’s Police;

7. The assisting apparatuses of political organizations or socio-political organizations at the central, provincial and district levels.

Article 3.- Interpretation of terms

In this Decree, the following words and phrases are construed as follows:

1. “Public employee’s rank” means the public employee’s title classified by branch, expressing his/her professional level;

2. “Grade” is the term indicating the value scale in each public employee’s rank; corresponding to a grade is a salary co-efficient;

3. “Rank promotion” means raising from a rank to a higher one in the same professional branch;

4. “Rank shift” is the shift from one rank to another of the same professional level (equivalent rank);

5. “Recruitment” means recruiting of persons to work on the payroll of a State agency through recruitment examination or recruitment consideration;

6. “Rank appointment” means decision to appoint a qualified person to a certain public employee’s rank.

7. “Public employee-employing agency” means an agency or organization competent to administratively and professionally manage public employees;

8. “Agency competent to manage public employees” means an agency vested with the competence to manage specialized public employees’ ranks;

9. “Agency competent to manage public employees’ ranks” means an agency vested with the competence to manage specialized public employees’ ranks;

10. “Probation” means the case where a recruit practices to work with the responsibilities and tasks of the rank which he/she will be appointed to;

Article 4.- Classification of public employees

Public employees referred to in this Decree are classified as follows:

1. Classification by training level:

a/ Class-A public employees are those who are appointed to the ranks that require university or post-graduate education degrees;

b/ Class-B public employees are those who are appointed to the ranks that require vocational education degrees;

c/ Class-C public employees are those who are appointed to the ranks that require below-vocational education degrees.

2. Classification by public employee’s rank:

a/ Public employees of senior-specialist, equivalent or higher rank;

b/ Public employees of principal- specialist or equivalent rank;

c/ Public employees of specialist or equivalent rank;

d/ Public employees of junior-staff member or equivalent rank;

e/ Public employees of personnel or equivalent rank.

3. Classification by working position:

a/ Leading or commanding public employees;

b/ Professional public employees.

The decentralization of the management of public employees must be based on the classification of public employees as defined in this Article.

Chapter II

RECRUITMENT OF PUBLIC EMPLOYEES

Article 5.- Conditions for registration for participation in recruitment of public employees

1. Registrants for recruitment of public employees must satisfy the following conditions:

a/ Being Vietnamese citizens, having permanent residence addresses in Vietnam;

b/ Being aged between full 18 years and 40 years. If the recruitment participants are army officers, professional army men or servants in the non-business units or State enterprises, their age may be higher but not exceed 45 years;

c/ Having recruitment applications; clear personal records; diplomas and/or training certificates as required by the recruitment ranks they apply for;

d/ Being physically fit to perform tasks and public duties;

e/ Not being in the period of penal liability examination, serving imprisonment sentences, non-custody reform or probation penalties; being subject to the measure of commune/ward/township-based education or consignment to medical treatment establishments or reformatories.

2. The persons recruited as public employees as prescribed at Point b and Point c, Clause 1, Article 1 of the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees must undergo the reserve public employee regime.

3 .Apart from the provisions in Article 1 of this Article, on the basis of the nature and professional characteristics of the recruitment ranks, the agencies competent to recruit may set more conditions for recruitment participants.

Article 6.- Recruitment of public employees

1. The recruitment of public employees must be conducted through recruitment examinations.

2. Persons who have worked for five or more years in highland, deep-lying, remote border or island areas either voluntarily or in order to meet the requirement of building the contingent of officials and public employees in ethnic minority areas may be recruited through recruitment consideration.

Article 7.- Priorities in recruitment examinations

The following cases shall be prioritized in the recruitment examinations:

1. Armed Forces Heroes, Labor Heroes and war invalids shall have 30 points added to their aggregate examination results;

2. Children of war martyrs, children of war invalids, children of diseased soldiers and holders of doctorates in the training majors suitable to the recruitment demands shall have 20 points added to their aggregate examination results;

3. Holders of master’s degrees in the training majors suitable to the recruitment demands; good or excellent graduates of professional training levels suitable to the recruitment demands; persons who have accomplished their military service obligations, voluntary youth members, young intellectuals who have voluntarily worked in rural or mountainous areas for two or more years and accomplished their tasks shall have 10 points added to their aggregate examination results.

Article 8.- Priorities in recruitment consideration

Persons who voluntarily pledge to work for five or more years in highland, deep-lying, remote, mountainous, border or island areas shall be considered for recruitment in the following priority order:

1. Ethnic minority people, people who reside in the places where they voluntarily come to work;

2. Armed Forces Heroes, Labor Heroes;

3. War invalids;

4. Children of war martyrs;

5. Children of war invalids or diseased solders;

6. Holders of doctorates in the training majors suitable to the recruitment demands;

7. Holders of master’s degrees in the training majors suitable to the recruitment demands; good or excellent graduates of professional training levels suitable to the recruitment demands; persons who have accomplished their military service obligations, voluntary youth members, young intellectuals who have worked voluntarily in rural or mountainous areas for two or more years and accomplished their tasks.

Article 9.- Recruitment grounds

The recruitment of public employees must be based on the work demands, working positions and the assigned payroll quotas.

Article 10.- Recruitment notices

At least 30 days before the date of organizing recruitments, the agencies competent to manage public employees must publicly announce the recruitment criteria, conditions and number of persons to be recruited on the mass media for people to know and register for recruitment.

Article 11.- Recruitment Councils

1. The recruitment of public employees shall be conducted by the Recruitment Examination Councils in case of recruitment examination, or by the Recruitment Consideration Councils in case of recruitment consideration (hereinafter referred collectively to as Recruitment Councils). Where the number of recruitment registrants is much higher than the to be-recruited number, the Recruitment Councils may organize preliminary selections.

2. The Recruitment Councils shall be set up by decisions of the heads of the agencies competent to manage public employees and consist of 5 or 7 members each.

3. A Recruitment Council consists of:

a/ The Council chairman, who is the head or deputy head of the agency competent to manage public employees;

b/ The Council vice-chairman, who is the head of the organization and personnel section of the agency competent to manage public employees;

c/ Council members, who are representatives of the leaderships of the specialized agencies, organizations and/or units of the agency competent to manage public employees;

d/ A Council member-cum-secretary, who is a public employee in charge of the recruitment work.

4. The Recruitment Council shall be assisted by an Examination Superintendence Board and an Examination Paper-Marking Board.

Article 12.- Tasks and powers of Recruitment Councils

The Recruitment Councils shall work on the principles of collectivism and vote by majority, having the following tasks and powers:

1. To publicly announce the recruitment plan; recruitment regulations and rules; qualifications and conditions for recruitment participation; examination subjects, form, time and venues;

2. To organize the compilation of exam questions; to set up the Examination Superintendence Board and the Examination Paper-Marking Board;

3. To receive and consider dossiers of participation in recruitment; to organize preliminary selections (if any); to announce the list of persons who satisfy the conditions and qualifications for participation in recruitment;

4. To organize the recruitment examination or recruitment consideration strictly according to regulations; to report on the recruitment results to the competent bodies for consideration and issuance of decisions to recognize such results; to publicly announce the recruitment results;

5. To settle complaints and denunciations of recruitment participants.

Article 13.- Method of marking in recruitment examinations

1. Each examination subject shall be marked on a 100-point scale.

2. To pass recruitment examinations, examinees must sit all examinations and get at least 50 points for each and be in between the person with the highest aggregate of points and the last person of the to be-recruited quota.

3. The persons enjoying recruitment priorities prescribed in Article 7 of this Decree shall have priority points added to the aggregates of their examination points; if an examinee falls into many priority subjects, he/she shall only have the highest number of priority points added.

4. Where many persons get the same aggregate points for the last quota to be recruited, the Recruitment Examination Council shall decide to organize another examination to recruit the person with the highest mark.

Article 14.- Principles for determination of successful candidates in recruitment considerations

The successful candidates in a recruitment consideration are those who meet the criteria and conditions for participation in recruitment, are considered and unanimously agreed by the Recruitment Consideration Councils on the basis of the provisions in Articles 5 and 8 of this Decree to propose the competent bodies to issue decisions to recruit them.

Article 15.- Time limits for issuance of recruitment and acceptance decisions

1. Within 30 days after the date of announcement of the recruitment results, the agencies competent to manage public employees shall issue recruitment decisions.

2. Within 30 days after the date of issuance of the recruitment decisions, the recruits must come to the agencies to take on their jobs, except where the recruitment decisions set a different time limit.

3. Where the recruits cannot take on their jobs within the time limit for plausible reasons, they must make written requests for extension of such time limit, which must be approved by the public employee-employing agencies. The extended duration shall not exceed 30 days.

4. Where the persons having the recruitment decisions come to take on their jobs late without plausible reasons, the agencies competent to manage public employees shall issue decisions canceling the recruitment decisions.

Article 16.- Probation

1. The persons who are recruited to work as public employees under the provisions of this Decree must undergo the probationary regime.

2. The probationary duration for different public employee’s ranks is prescribed as follows:

a/ Twelve months for the specialist or equivalent rank;

b/ Six months for the junior staff-member or equivalent rank;

c/ Three months for the personnel or equivalent rank.

3. The probationary duration required for reserve public employees shall be counted into the period of undergoing the reserve public employee regime.

4. Those who are working at State enterprises or who are prescribed at Points a, d, e, g and h, Clause 1, Article 1 of the Ordinance on Officials and Public Employees, when they are transferred or recruited to work at the State agencies prescribed in Article 2 of this Decree, shall implement the probationary regime under the guidance of the Ministry of Home Affairs.

Article 17.- Probation supervision

The public employee-employing agencies shall have the responsibility:

1. To guide the probationers to firmly grasp the functions, tasks, internal regulations and rules of the agencies, the relationships among the sections of the agencies and with the concerned agencies, and to practice the responsibilities and tasks of the ranks which they will be appointed to;

2. To appoint a public employee of the same or higher rank, who is professionally capable and experienced to supervise the probationers. Each public employee shall only supervise one probationers at a time.

Article 18.- Regimes and policies towards probationers and their supervisors

The probationers and their supervisors shall enjoy the following regimes and policies:

1. During the apprenticeship duration, the probationers shall enjoy 85% of the starting salary of grade 1 of the recruitment rank; where the probationers hold a master’s degree suitable to the recruitment demand, they shall enjoy 85% of the salary of grade 2 of the recruitment rank; where the probationers hold a doctorate suitable to the recruitment demand, they shall enjoy 85% of the salary of grade 3 of the recruitment rank.

2. In the probationary duration, the following persons shall enjoy 100% of the salary and allowance (if any) of the recruitment rank:

a/ Recruits to work in highland, deep-lying, remote, border or island areas;

b/ Recruits to do hazardous or dangerous occupations or jobs;

c/ Recruits who have accomplished their military service obligations, are youth volunteer members, young intellectuals who have worked voluntarily in rural or mountainous areas for two or more years and fulfilled their tasks.

3. Public employees who are assigned by their agencies to supervise apprentices shall enjoy a responsibility allowance of 30% of the minimum salary during the time they supervise the apprentices.

4. The probationary duration shall not be counted into the time for salary rise according to seniority.

Article 19.- Appointment to public employee’s ranks

1. The appointment to public employee’s ranks shall be effected under decisions issued by the competent bodies on the following principles:

a/ A person shall be appointed to the public employee’s rank corresponding to the job he/she is expected to do;

b/ The appointees must satisfy all the criteria required by the rank.

2. Rank appointment for probationers:

a/ At the end of the probationary duration, the probationers shall have to make reports on their probation results; the probation supervisors shall have to give written remarks, evaluating the probation results and send them to the public employee-employing agencies;

b/ The heads of the public employee-employing agencies shall evaluate the moral qualities and working results of the probationers; then propose the agencies competent to manage public employees to issue decisions to appoint those probationers who satisfy the requirements of the ranks which they have practiced to such public employees’ ranks.

Article 20.- Cancellation of recruitment decisions

1. Recruitment decisions shall be canceled in the following cases:

a/ The apprentices fail to accomplish their tasks;

b/ The apprentices are disciplined in the form of caution or more severe penalties.

2. The heads of the public employee-employing agencies shall propose the agencies competent to manage public employees to issue written decisions canceling the recruitment decisions in the cases prescribed in Clause 1 of this Article.

3. The apprentices whose recruitment decisions are canceled shall be provided by the public employee-employing agencies one month’s salary and allowance (if any) they are enjoying and a travel fare back to their residence places.

Chapter III

EMPLOYMENT OF PUBLIC EMPLOYEES

Section 1. ARRANGEMENT, ASSIGNMENT OF JOBS, RANK SHIFT, RANK PROMOTION

Article 21.- Arrangement, assignment of jobs

1. The heads of the public employee-employing agencies shall have to arrange, assign jobs to public employees, ensure the necessary conditions for them to perform their tasks, and implement the regimes and policies for them.

2. The arrangement, assignment of jobs to public employees must ensure the compatibility of the assigned tasks with the appointed public employee’s ranks; public employees in a certain rank must be arranged jobs suitable to such rank.

3. Public employees shall be responsible before law for the performance of their tasks and official duties; public employees holding leading posts must be also responsible for the performance of tasks and official duties by their subordinates according to law provisions.

Article 22.- Rank shift

1. Public employees who are assigned new tasks which are not suitable to their current ranks shall have to shift to other ranks suitable to their newly assigned positions and professional tasks.

2. Public employees subject to rank shift must satisfy the professional criteria of the ranks they shift to and fit in with the public employee’s rank structures of their agencies.

3. The public employee-employing agencies, when shifting public employees to other ranks, must set up an Examination Council to test the professional qualifications and capabilities of such public employees. If the public employees satisfy all the professional criteria of new ranks, the public employee-employing agencies shall issue appointment decisions according to their competence or propose the agencies competent to manage public employees to appoint.

4. An Examination Council consists of 5 or 7 members, including:

a/ The Council chairman, who is the head or deputy head of the agency;

b/ The Council vice-chairman, who is the head of the organization and personnel section of the agency;

c/ Council members, who are leaders of the professional sections, a number of professionally capable public employees of the same or higher rank (the council chairman shall assign one of these members as secretary).

5. The Examination Councils have the following tasks:

a/ To examine diplomas and training certificates as required for the new ranks, the former agency’s written evaluation of the previous working process;

b/ To interview the public employees subject to rank shift on political, social and professional issues;

c/ To test the public employees subject to rank shift on the skill of drafting managerial documents as required by the new rank’s tasks;

d/ The Councils meet to evaluate the results; if seeing that the public employees are qualified, to propose the agency competent to manage public employees to appoint them to new ranks.

6. Rank shift must not be combined with rank promotion or salary rise.

Article 23.- Rank promotion, salary rise

1. Public employees who meet all criteria and conditions and have their working positions suitable to the ranks while there still exist higher ranks in the same professional branch may be promoted to the higher ranks. The rank promotion for public employees must be effected through rank promotion examinations as prescribed. Public employees who record outstanding achievements in performing their tasks and official duties shall be considered for rank promotion.

2. Public employees who meet all criteria, have passed the required period of time while there exist higher salary grades in their rank shall be considered for salary rise. Public employees who record outstanding achievements in performing their tasks and official duties shall be considered for salary rise ahead of time according to the Government’s regulations.

3. In the course of performing their tasks and official duties, if the public employees achieve high working efficiency and show development prospects, the ministers, the heads of the ministerial-level agencies or Government-attached agencies or the presidents of the provincial/municipal People’s Committees shall issue decisions to promote them to higher ranks or raise their salaries ahead of time according to their respective decentralized responsibility.

The Minister of Home Affairs shall provide guidance on the rank promotion and salary rise ahead of time as prescribed in this Article.

Article 24.- Nomination of public employees to sit rank promotion examinations

1. The consideration and nomination of public employees to sit rank promotion examinations shall be considered by the Preliminary Selection Councils of their agencies on the basis of the demands of the public employee’s ranks, the working positions, ethical quality, professional qualifications, development prospects as well as the task performance results of the public employees. The composition of a Preliminary Selection Council shall be similar to that of the Examination Council set up in case of rank shift as prescribed in Clause 4, Article 22 of this Decree.

2. Public employees sitting rank promotion examinations must satisfy the professional criteria of the ranks for which they are examined, possess all diplomas and training certificates as required, have the minimum salary co-efficient as prescribed for the ranks for which they are examined, and meet other necessary conditions as prescribed, and at the same time be nominated by the agencies competent to manage public employees to sit the examinations.

Article 25.- Organization of rank promotion examinations

Annually, the agencies competent to manage public employees shall base themselves on the public employee’s rank structure to work out rank promotion plans and rank promotion examination criteria and send them to the Ministry of Home Affairs for agreement thereon.

Article 26.- Rank Promotion Examination Councils

1. When organizing rank promotion examinations, the agencies competent to do so must set up the Rank Promotion Examination Councils, each consisting of 5 or 7 members, including:

a/ The Council chairman, who is the head or deputy head of the agency competent to organize the rank promotion examination;

b/ The Council vice-chairman, who is in charge of managing officials and public employees of the agency assigned to organize the rank promotion examination;

c/ Council members, who are representatives of the leaderships of the specialized units of the agency assigned to organize the rank promotion examination;

d/ A Council member-cum-secretary, who is in charge of the recruitment and rank promotion of the agency assigned to organize the rank promotion examination.

2. The Rank Promotion Council shall be assisted by an Examination Superintendence Board and an Examination Paper-Marking Board.

Article 27.- Tasks and powers of Rank Promotion Examination Councils

The Rank Promotion Examination Councils shall work on the principles of collectivism and vote by majority, having the following tasks and powers:

1. To publicly announce the rank promotion examination plan; examination regulations and rules; criteria and conditions for sitting the examination; examinee’s dossiers; examination subjects, form, time and venues;

2. To organize the compilation of exam questions; to set up the Examination Superintendence Boards and the Examination Paper-Marking Boards;

3. To receive and consider dossiers of application for sitting the examinations; to announce the list of persons who satisfy the conditions and criteria for sitting the examinations;

4. To direct and organize the examinations strictly according to regulations; to report on the examination results to the competent bodies for consideration and decision on recognition thereof;

5. To settle complaints and denunciations of examinees.

Article 28.- Method of marking and determination of successful examinees

1. Each examination subject shall be marked on a 100-point scale.

2. To pass the examinations, examinees must take up all examination subjects and get at least 55 points for each.

Article 29.- Rank certification and appointment to public employee’s ranks

1. On the basis of the examination results, within 30 days after the examination results are available, the agencies competent to manage public employee’s ranks shall grant the rank certificates to the public employees who have passed the examinations.

2. On the basis of the rank certificates, the agencies competent to manage public employees shall issue rank promotion decisions and grade the public employees’ salaries according to the ranks for which they have been examined according to regulations.

Section 2. TRAINING AND FOSTERING

Article 30.- Training and fostering of public employees

1. The agencies competent to manage public employees shall have to formulate training plannings and plans and organize the training and fostering in order to create sources of public employees and raise their qualifications and capabilities.

2. The public employee-employing agencies shall have to create conditions for public employees to have training and fostering in order to raise their qualifications according to the criteria of professional titles of the public employee’s ranks and according to the training and fostering plans.

Section 3. TRANSFER, APPOINTMENT TO LEADING POSTS, RESIGNATION, RELIEF FROM DUTY, ROTATION, SECONDING

Article 31.- Transfer

1. The transfer of public employees must be based on the work demands of the agencies as well as the qualifications and capabilities of public employees.

2. When transferring public employees to working positions involving different professional operations, the agencies employing and managing them must propose competent authorities to decide to shift the public employees to the corresponding ranks as appropriate.

3. If any officials or employees falling into the subjects specified at Points a, d, e and g, Clause 1, Article 1 of the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees are transferred by competent agencies to work at State agencies, political organizations, socio-political organizations or armed forces, their appointment to public employee’s ranks must be based on the working positions and professional criteria of such ranks. The order and procedures of rank appointment shall be the same as those applicable to rank shift prescribed in Article 22 of this Decree.

Article 32.- Appointment to leading posts

1. The appointment of public employees to leading posts shall be based on the requirements and tasks of the agencies, criteria and conditions of the leading positions, and according to the competence, order and procedures prescribed for the appointment of leading officials or public employees.

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