Ordinance No. 01/1998/PL-UBTVQH10 on Cadres and Civil Servants

ORDINANCE

Civil Servants

 ______

In order to build a cadre of civil servants with good moral character, qualifications, capabilities, and dedication to serving the people, and loyalty to the Socialist Republic of Vietnam;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolution of the 10th National Assembly, second session on the legislative program for 1998;

This Ordinance stipulates on civil servants,

PART I
GENERAL PROVISIONS

Article 1

Civil servants as defined in this Ordinance are Vietnamese citizens within the state payroll and receiving salaries from the state budget, including:

1. Those elected to hold positions for a term in state agencies, political organizations, and political-social organizations;

2. Those recruited, appointed, or assigned to regularly work in political organizations and political-social organizations;

3. Those recruited, appointed, or assigned to regularly perform a public service, classified according to their level of education, specialty, and ranked into administrative or public service grades in state agencies; each grade reflects the function and level of expertise, with its own standard title;

4. Judges of People's Courts, Prosecutors of People's Procuratorates;

5. Those recruited, appointed, or assigned to regularly work in units under the People's Army that are not officers, professional soldiers, or defense workers; working in units under the People's Public Security that are not officers or professional non-commissioned officers.

Article 2

Civil servants are public servants of the people, subject to people's supervision, must continuously cultivate moral character, study to improve their qualifications and capabilities to fulfill their assigned tasks and duties effectively.

Article 3

In addition to complying with the provisions of this Ordinance, civil servants must also abide by the relevant provisions of the Anti-Corruption Ordinance, the Thrift and Anti-Waste Ordinance, and other legal documents.

Article 4

Cadre and civil servant work is under the unified leadership of the Communist Party of Vietnam, ensuring the principle of collective democracy combined with the responsibility of the heads of agencies, organizations, and units.

Article 5

1. The Standing Committee of the National Assembly, political organizations, and political-social organizations shall specify the application of this Ordinance to those elected individuals who do not fall under Point 1 of Article 1 of this Ordinance.

2. The Government shall specify the application of this Ordinance to village, town, and township cadres; officers, professional soldiers, and defense workers in units under the People's Army; professional non-commissioned officers in units under the People's Public Security; members of the Board of Directors, General Directors, Deputy General Directors, Directors, Deputy Directors, Chief Accountants, and other management personnel in state-owned enterprises.

PART II
DUTIES AND RIGHTS OF CIVIL SERVANTS

Article 6

Civil servants have the following duties:

1. Loyalty to the Socialist Republic of Vietnam; protecting national safety, honor, and interests;

2. Strictly adhering to the policies and guidelines of the Party and the laws and policies of the State; performing assigned tasks and duties in accordance with the law;

3. Devotion to serving the people, respecting the people;

4. Maintaining close ties with the people, participating in community life in their place of residence, listening to opinions, and being subject to people's supervision;

5. Living a healthy lifestyle, being honest, thrifty, incorruptible, and impartial; not being bureaucratic, arrogant, autocratic, or corrupt;

6. Having a sense of organizational discipline and responsibility in work; strictly implementing internal regulations of the agency or organization; safeguarding public property and state secrets as prescribed by law;

7. Continuously studying to improve their qualifications; being proactive, creative, and cooperative in work to complete assigned tasks and duties effectively;

8. Adhering to job assignments and reassignments made by authorized agencies or organizations.

, Clause 1, Clause 2 Article 7a of this Regulation.

Civil servants are responsible under the law for the performance of their assigned tasks and duties; leaders among civil servants must also be accountable for the performance of tasks and duties by subordinates under the law.

Article 8

Civil servants must comply with superior decisions; if they believe a decision is contrary to the law, they must immediately report it to the decision-maker; if they still have to comply with the decision, they must report it to the immediate superior of the decision-maker and will not be held responsible for the consequences of implementing the decision.

Article 9

Civil servants have the following rights:

1. Annual leave as provided for in Articles 74, 75, Clause 2 and Clause 3 of Article 76, and Article 77 of the Labor Code; holidays as provided for in Article 73 of the Labor Code; and personal leave as provided for in Article 78 of the Labor Code;

2. In cases of legitimate reasons for unpaid leave after obtaining the consent of the head of the agency or organization employing the civil servant;

3. Receiving social insurance benefits, sick leave, occupational injury, occupational disease, maternity, retirement, and death benefits as provided for in Articles 107, 142, 143, 144, 145, and 146 of the Labor Code;

4. Receiving retirement and resignation benefits as provided for in Section 5 of Chapter IV of this Ordinance;

5. Female civil servants also enjoy the rights provided for in Clause 2 of Article 109, Articles 111, 113, 114, 115, 116, and 117 of the Labor Code;

6. Enjoying other rights as prescribed by law.

Article 10

Civil servants receive commensurate salaries for their assigned tasks and duties, housing policies, and other policies, and are guaranteed working conditions.

Civil servants working in highland, remote, border, island areas, or in hazardous and dangerous industries receive allowances and preferential policies as prescribed by the Government.

Article 11

Civil servants have the right to participate in political and social activities as prescribed by law; they are provided opportunities to improve their qualifications, conduct scientific research, and artistic creation; they are entitled to rewards for outstanding performance in their assigned tasks and duties.

Article 12

Civil servants have the right to lodge complaints, file charges, or initiate lawsuits against actions of agencies, organizations, or individuals that they believe are illegal, to competent authorities as prescribed by law.

Article 13

Officials and civil servants when performing their duties are protected by law and the people.

Article 14

Officials and civil servants who sacrifice while performing their duties may be recognized as martyrs according to the provisions of the law.

Officials and civil servants who are injured while performing their duties shall be considered for the application of policies and benefits similar to those for war invalids.

CHAPTER III
MATTERS THAT OFFICIALS AND CIVIL SERVANTS ARE NOT PERMITTED TO DO

Article 15

Officials and civil servants are not allowed to shirk work, evade responsibility, or refuse to perform their duties; they are not permitted to form cliques, disrupt unity, foster parochialism, or leave their posts without authorization.

Article 16

Officials and civil servants are not allowed to abuse power, act arrogantly, harass, create difficulties, or cause inconvenience to agencies, organizations, or individuals while handling matters.

Article 17

Officials and civil servants are not allowed to establish, participate in establishing, or manage private enterprises, limited liability companies, joint-stock companies, cooperatives, private hospitals, private schools, and private research organizations.

Officials and civil servants are not allowed to provide consultancy services to businesses, trading organizations, service providers, and other domestic and foreign organizations and individuals regarding matters related to state secrets, job-related secrets, tasks within their jurisdiction, or other matters where such consultancy could harm national interests.

The Government shall specify in detail the regulations on consultancy services provided by officials and civil servants.

Article 18

Officials and civil servants working in fields related to state secrets must not work for domestic or foreign organizations or joint ventures with foreign entities within the scope of activities related to their previous positions for at least five years from the date of retirement or resignation.

The Government shall specify in detail the list of fields, jobs, periods during which officials and civil servants are prohibited from working, and preferential policies for those subject to this regulation.

Article 19

The head and deputy heads of agencies, and their spouses, parents, children, may not invest capital in businesses operating within the scope of industries directly managed by them.

Article 20

The head and deputy heads of agencies and organizations may not appoint their spouses, parents, children, brothers, sisters, or half-siblings to leadership positions in human resources, accounting-finance departments; serve as cashiers, warehouse managers in agencies and organizations, or engage in purchasing materials, goods, transactions, and contract signing for these agencies and organizations.

PART IV
ELECTIONS AND RECRUITMENT OF OFFICIALS AND CIVIL SERVANTS

PART 1

ELECTIONS

Article 21

The election of National Assembly deputies, People's Council representatives, and other positions within the state administrative system shall be carried out in accordance with the Constitution, the Law on Election of National Assembly Deputies, the Law on Election of People's Council Representatives, the Law on Organization of the National Assembly, the Law on Organization of the Government, the Law on Organization of People's Councils and People's Committees, and other relevant laws.

The election of positions within political organizations and political-social organizations shall be conducted according to the charters of these organizations.

Article 22

Those appointed through elections as stipulated in Point 1 of Article 1 of this Ordinance, upon leaving their positions, shall be assigned work based on their capabilities, specialties, and professional expertise, and shall be guaranteed the benefits and policies applicable to officials and civil servants.

PART 2

RECRUITMENT

Article 23

When recruiting officials and civil servants as stipulated in Points 2, 3, and 5 of Article 1 of this Ordinance, the recruiting agency or organization must base the recruitment on the job requirements, position needs, and authorized staffing quotas. The recruited individual must meet the moral standards and professional criteria and pass the examination as prescribed by law.

The recruited individual must undergo a probationary period. At the end of the probationary period, the head of the agency, organization, or unit employing the official or civil servant will assess the individual's moral character and performance results; if satisfactory, the head will propose that the competent authority managing officials and civil servants make a formal appointment decision.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The selection and appointment of People's Court judges and Procurators of the People's Procuracy shall be carried out in accordance with the Law on Organization of the People's Courts, the Ordinance on Judges and Associate Judges of the People's Courts, the Law on Organization of the People's Procuracies, and the Ordinance on Procurators of the People's Procuracies.

PART 3

TRAINING AND STAFF DEVELOPMENT

Article 25

Agencies and organizations with authority over officials and civil servants have the responsibility to develop plans and organize training and enhancement programs to create a talent pool and improve the qualifications and capabilities of officials and civil servants.

Article 26

Training and enhancement programs for officials and civil servants must be based on plans, standards for each position, and professional standards for each rank.

Article 27

The budget for training and enhancing officials and civil servants shall be funded by the state budget. The training and enhancement systems shall be regulated by competent authorities.

PART 4

TRANSFER AND DETACHMENT

Article 28

Agencies and organizations with authority over officials and civil servants have the right to transfer officials and civil servants to work at central or local agencies and organizations as required by duty and public service.

Article 29

Agencies and organizations with authority over officials and civil servants have the right to second officials and civil servants to work temporarily at another agency or organization as required by duty and public service.

Officials and civil servants on secondment shall be subject to work assignments from the agency or organization to which they are seconded. The agency or organization seconding the official or civil servant shall be responsible for paying their salary and ensuring other benefits.

PART 5

RETIREMENT AND RESIGNATION

Article 30.

Officials and civil servants who meet the age and social insurance contribution requirements set forth in Article 145 of the Labor Code shall enjoy retirement benefits and other benefits as specified in Article 146 of the Labor Code.

Article 31

1. In cases where the nature of work in certain industries and positions requires it, the working period of officials and civil servants who have met the conditions for retirement benefits may be extended. The extension period shall not exceed five years; in special cases, this period may be further extended.

2. The competent authority shall specify the detailed list of industries, occupations, and job positions where the working time of officials and civil servants may be extended.

3. The extension of working time for officials and civil servants must comply with the following principles:

a) The entity using the officials and civil servants has a genuine need;

b) The officials and civil servants voluntarily agree and have sufficient health to continue working.

Article 32

1. Officials and civil servants specified in Points 2, 3, 4, and 5 of Article 1 of this Ordinance shall be entitled to terminate their employment and receive severance benefits under the following circumstances:

a) Due to organizational restructuring and reduction in establishment quota pursuant to the decision of the competent authority;

b) They express a desire to terminate their employment and such request is approved by the competent authority.

The Government shall stipulate the severance benefits and policies for the cases provided for in this clause.

2. Officials and civil servants who leave their posts without authorization shall be subject to disciplinary action, shall not be entitled to severance benefits or other rights, and must compensate for training costs as prescribed by law.

3. During the period when they are being considered for disciplinary action or are under criminal investigation, officials and civil servants shall not be allowed to terminate their employment before a decision on the matter is made.

CHAPTER V
MANAGEMENT OF OFFICIALS AND CIVIL SERVANTS

Article 33

Management of civil servants includes:

1. Enactment of legal documents, charters, and regulations concerning officials and civil servants;

2. Developing plans and programs for building a cadre of civil servants;

3. Specifying job titles and standards for civil servants;

4. Decision on staffing of officials and civil servants;

5. Implementing management, utilization, and hierarchical management of civil servants;

6. Issuance of examination rules and promotion examinations;

7. Training, developing, and evaluating civil servants;

8. Directing and implementing salary systems and incentive, commendation, and disciplinary policies for civil servants;

9. Implements statistics on civil servants;

10. Inspection and supervision of the implementation of regulations concerning officials and civil servants;

11. Guidance and organization of resolution of complaints and accusations against officials and civil servants.

Article 34

1. Management of officials and civil servants shall be carried out in accordance with the分级制度规定。

2. The management of officials elected to office shall be carried out in accordance with the provisions of the Law on the Organization of the National Assembly, the Law on the Organization of the Government, the Law on the Organization of People's Councils and People's Committees, and the charter of political organizations and socio-political organizations.

3. The management of Judges and Prosecutors shall be carried out in accordance with the provisions of the Law on the Organization of the People's Courts, the Ordinance on Judges and Associate Judges of the People's Courts, the Law on the Organization of the People's Procuratorates, and the Ordinance on Prosecutors of the People's Procuratorates.

4. The Supreme People's Court and the Supreme People's Procuracy shall manage officials and civil servants within their jurisdiction.

Article 35

1. The Standing Committee of the National Assembly decides the staffing of officials and civil servants under the Supreme People's Court and the Supreme People's Procuracy; the number of Judges in the courts.

2. The staffing of civil servants in the Office of the National Assembly shall be decided by the Standing Committee of the National Assembly.

3. The staffing of civil servants in the Office of the President shall be decided by the President.

4. The staffing of officials working in political organizations and socio-political organizations shall be decided by the competent authority.

Article 36

1. The Government decides the staffing and manages officials and civil servants working in administrative and public service agencies.

2. The agency entrusted with organizational and personnel work by the Government assists the Government in managing officials and civil servants as provided for in Clause 1 of this Article.

3. Ministries, ministerial-level agencies, agencies under the Government, and People's Councils of provinces and centrally-administered cities implement the management of officials and civil servants according to the分级任务的原因是单个翻译请求过长，可能导致处理超时或不准确。我将分段进行专业、准确的法律文本翻译，确保每个部分都符合官方法律文件的标准。以下是第一部分的翻译结果：

Chapter VI
REWARD AND VIOLATION HANDLING

Article 37

1. Officials and civil servants who achieve outstanding results in performing their duties and public services shall be considered for rewards in the following forms:

a) Certificate of Merit;

b) Medal of Merit;

c) State Honorary Titles;

d) Medal;

đ) Order;

2. The rewarding of officials and civil servants shall be carried out in accordance with the provisions of the law.

Article 38

Officials and civil servants specified in Points 2, 3, 4, and 5 of Article 1 of this Ordinance who achieve remarkable results in performing their duties and public services shall be considered for promotion to a higher rank or grade ahead of schedule in accordance with the Government's regulations.

Article 39

1. Officials and civil servants specified in Points 2, 3, 4, and 5 of Article 1 of this Ordinance who violate the provisions of the law, but not to the extent that they should be criminally prosecuted, shall be subject to disciplinary measures depending on the nature and severity of the violation, including one of the following forms:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Downgrading;

d) Dismissal from office;

e) Compulsory termination of employment.

Disciplinary actions shall be within the jurisdiction of the agencies or organizations managing officials and civil servants.

2. The removal or disciplinary action against officials specified in Point 1 of Article 1 of this Ordinance shall be implemented in accordance with the provisions of the law and the charter of political organizations and socio-political organizations.

3. Officials and civil servants who violate the law and exhibit signs of criminal offenses shall be criminally prosecuted in accordance with the provisions of the law.

4. Officials and civil servants who cause loss or damage to State property through loss, damage to equipment, or other acts shall be required to compensate according to the provisions of the law.

5. Officials and civil servants who commit violations of the law while performing their duties and public services causing harm to others shall be required to reimburse the agency or organization for the amount of compensation paid to the person harmed in accordance with the provisions of the law.

Article 40

Disciplinary actions against officials and civil servants must be reviewed and proposed by the Disciplinary Council of the agency or organization employing such officials and civil servants to the competent authority for decision.

The composition and operational rules of the Disciplinary Council shall be stipulated by the Government and political organizations, socio-political organizations.

Article 41

During the period when they are under review for disciplinary action, officials and civil servants may be temporarily suspended from work by the competent authority if it is deemed that continuing their work could hinder the investigation or lead to further violations. The suspension period shall not exceed fifteen days, and in special cases, it may be extended but not more than three months; upon completion of the suspension period, if no further action is taken, the officials and civil servants may resume their work. During the suspension period, officials and civil servants shall receive their salary as prescribed by the Government.

Officials and civil servants without fault shall be reassigned to their original positions after the temporary suspension; in cases where officials and civil servants are disciplined with reprimand, warning, reduction in pay grade, or demotion, they may be reassigned to their original position or transferred to another position based on the nature and severity of the violation. Officials and civil servants disciplined with dismissal shall be assigned to other work.

Article 42 |||

Officials and civil servants specified in Points 2, 3, 4, and 5 of Article 1 of this Ordinance have the right to appeal the disciplinary decision against them to the competent authority in accordance with the provisions of the law.

Officials and civil servants specified in Points 2, 3, and 5 of Article 1 of this Ordinance who are dismissed from positions at or below the level of Department Director shall have the right to initiate administrative litigation before the Court in accordance with the provisions of the law.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

Officials and civil servants specified in Points 2, 3, 4, and 5 of Article 1 of this Ordinance, when disciplined with a reprimand, warning, or dismissal, shall have their time for salary grade promotion extended by one year; in cases where they are disciplined with any form from reprimand to dismissal, they shall not be appointed to higher positions for at least one year from the date of the disciplinary decision.

In cases where officials and civil servants are disciplined for acts of corruption, the disciplinary measures shall be implemented in accordance with the Anti-Corruption Ordinance and other relevant laws, regulations of political organizations, and political-social organizations.

Article 44 |||

Officials and civil servants who commit crimes and are sentenced to imprisonment by the Court without probation shall be automatically dismissed from their positions as of the date the judgment or decision becomes legally effective.

Article 45 |||

Officials and civil servants who are subject to disciplinary action or criminal prosecution and are subsequently concluded by competent authorities to be innocent or wrongfully accused shall have their reputation restored, rights reinstated, and damages compensated according to the provisions of the law.

Article 46 |||

Decisions on rewards and punishments shall be recorded in the files of officials and civil servants.

Chapter VII
IMPLEMENTING PROVISIONS

Article 47 |||

This Ordinance shall take effect from May 1, 1998.

Previous regulations contrary to this Ordinance are abolished.

Article 48

1. The Government shall provide detailed regulations and guidance on the implementation of this Ordinance.

2. Based on this Ordinance, political organizations and political-social organizations shall specify the implementation details for civil servants under their management authority./.