Joint Circular No. 02/2011/TTLT-BNV-BTP guides the transfer and classification of ranks and salary grades for civil servants holding enforcement officer positions in civil execution, effective from June 1, 2011. This Circular stipulates the conditions and methods for transferring and classifying ranks for various levels of enforcement officers.
Scope of application
Civil servants directly engaged in civil execution work in provincial and district-level civil execution agencies.
Key points
- Current civil servants holding the rank of Provincial or District Enforcement Officer may be transferred to higher ranks such as Senior, Intermediate, and Junior Enforcement Officers based on specific criteria and standards.
- The transfer to new ranks from current Enforcement Officer ranks shall not be combined with salary grade increases.
- A civil servant may be transferred to the rank of Senior Enforcement Officer if they meet the conditions and standards set out for the Senior Enforcement Officer rank and the provisions of Clause 5, Article 52 of Decree No. 74/2009/NĐ-CP.
- A civil servant may be transferred to the rank of Intermediate Enforcement Officer if they meet the conditions and standards set out for the Intermediate Enforcement Officer rank and the provisions of Clause 4, Article 52 of Decree No. 74/2009/NĐ-CP.
- Civil servants who do not meet the conditions for transferring to higher ranks as specified in Clause 2 of this Article shall be transferred to the rank of Junior Enforcement Officer.
🌐 Social impact of this document
- Positive impact: Establishes a legal basis for effectively managing and utilizing civil servants in civil execution agencies.
- Negative impact: May cause difficulties for some civil servants who do not meet the conditions for transferring to higher ranks, leading to mental and financial burdens.
❓ Frequently asked questions
Which civil servants can be transferred to different ranks?
Current civil servants holding the rank of Provincial or District Enforcement Officer may be transferred to higher ranks such as Senior, Intermediate, and Junior Enforcement Officers based on specific criteria and standards.
Is the transfer to different ranks combined with salary grade increases?
No, the transfer to new ranks from current Enforcement Officer ranks shall not be combined with salary grade increases.
Which civil servants can be transferred to the rank of Senior Enforcement Officer?
Current civil servants holding the rank of Provincial Enforcement Officer (rank code 03.017) and meeting the conditions and standards set out for the Senior Enforcement Officer rank in Circular No. 10/2010/TT-BNV.
Which civil servants can be transferred to the rank of Intermediate Enforcement Officer?
Current civil servants holding the rank of Provincial Enforcement Officer (rank code 03.017) or those who have held the Provincial Enforcement Officer rank but were reassigned or appointed to the District Enforcement Officer rank due to job requirements and meet the conditions and standards set out for the Intermediate Enforcement Officer rank in Circular No. 10/2010/TT-BNV.
What rank will civil servants who do not meet the conditions for transferring to higher ranks be transferred to?
Civil servants who do not meet the conditions for transferring to higher ranks as specified in Clause 2 of this Article shall be transferred to the rank of Junior Enforcement Officer (rank code 03.301).
Full text
JOINT CIRCULAR
Guidelines on transferring and grading for enforcement officers in civil execution
civil servants holding the enforcement officer grade
__________________
Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government stipulating recruitment, utilization, and management of civil servants, and Decree No. 93/2010/NĐ-CP dated August 31, 2010 of the Government amending certain articles of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government stipulating recruitment, utilization, and management of civil servants;
Pursuant to Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Execution Law regarding civil execution management agencies, civil execution agencies, and civil servants engaged in civil execution work (hereinafter referred to as Decree No. 74/2009/NĐ-CP);
Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Circular No. 10/2010/TT-BNV dated October 28, 2010 of the Minister of Home Affairs stipulating job codes and qualification standards for enforcement officer grades and civil execution secretary grades (hereinafter referred to as Circular No. 10/2010/TT-BNV);
The Ministry of Home Affairs and the Ministry of Justice provide guidelines on transferring and grading for civil servants entering the Enforcement Officer Junior, Enforcement Officer Intermediate, and Enforcement Officer Senior grades in civil execution agencies as follows:
Article 1. Scope of Regulation
These joint circulars guide the transfer and grading for civil servants currently holding the Provincial Enforcement Officer grade and County Enforcement Officer grade to enter the Enforcement Officer Junior, Enforcement Officer Intermediate, and Enforcement Officer Senior grades as specified in Circular No. 10/2010/TT-BNV.
Article 2. Applicability
These joint circulars apply to civil servants directly engaged in civil execution work in provincial and county civil execution agencies.
Article 3. Principles for transferring and grading
1. Transferring and grading must be based on the duties, positions, and professional qualifications assigned to civil servants.
2. Civil servants eligible for transfer and grading must meet the professional qualification standards of the enforcement officer grades specified in Circular No. 10/2010/TT-BNV.
3. When transferring from the current enforcement officer grade to new enforcement officer grades, there shall be no concurrent promotion in salary grade.
Article 4. Methods for transferring and grading from current enforcement officer grades to new enforcement officer grades
1. Transfer and grade into the Enforcement Officer Senior grade (job code 03.299) in the following cases:
Civil servants currently holding the Provincial Enforcement Officer grade (job code 03.017) who meet the conditions and qualifications of the Enforcement Officer Senior grade specified in Circular No. 10/2010/TT-BNV and satisfy the conditions stipulated in Clause 5, Article 52 of Decree No. 74/2009/NĐ-CP.
2. Transfer and grade into the Enforcement Officer Intermediate grade (job code 03.300) in the following cases:
a) Civil servants currently holding the Provincial Enforcement Officer grade (job code 03.017) who meet the conditions and qualifications of the Enforcement Officer Intermediate grade specified in Circular No. 10/2010/TT-BNV;
b) Civil servants who have held the Provincial Enforcement Officer grade (job code 03.017) but due to mission requirements were reassigned and appointed to the County Enforcement Officer grade (job code 03.018) and meet the conditions and qualifications of the Enforcement Officer Intermediate grade specified in Circular No. 10/2010/TT-BNV;
c) Civil servants currently holding the County Enforcement Officer grade (job code 03.018) who meet the conditions and qualifications of the Enforcement Officer Intermediate grade specified in Circular No. 10/2010/TT-BNV and satisfy the conditions stipulated in Clause 4, Article 52 of Decree No. 74/2009/NĐ-CP.
3. Transfer and grade into the Enforcement Officer Junior grade (job code 03.301) for civil servants currently holding the County Enforcement Officer grade (job code 03.018) who do not meet the conditions and qualifications to be transferred to a grade as prescribed in Clause 2 of this Article.
Article 5. Salary Classification
The grading of salaries for civil servants entering the enforcement officer grades in civil execution according to Article 4 of these joint circulars shall be implemented in accordance with Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs guiding the grading of salaries when upgrading, transferring, and changing types of civil servants and public officials.
Article 6. Implementation Organization
1. The head of the civil execution agency at the provincial level shall implement the consolidation, inspection, and review of the positions of enforcement officers under their management authority and develop a plan for transferring and grading into the enforcement officer grades in civil execution to submit to the competent authority for examination and decision.
2. The Ministry of Justice shall approve the plan for transferring and grading into the enforcement officer grades for the cases specified in Point a, Point b Clause 2 and Clause 3 of Article 4 of these joint circulars. For the cases specified in Clause 1 and Point c Clause 2 of Article 4 of these joint circulars, the Ministry of Justice shall approve the plan for transferring and grading into the enforcement officer grades after coordinating with the Ministry of Home Affairs.
3. After implementing the transfer and grading of civil servants into the enforcement officer grades in civil execution, the Ministry of Justice shall report the summary to the Ministry of Home Affairs for monitoring. Specifically, for cases proposing transfer and grading into the Enforcement Officer Senior grade, the Ministry of Justice shall issue a document requesting the Ministry of Home Affairs to appoint the grade and grade the salary. The appointment of the Enforcement Officer Senior position shall be carried out by the Minister of Justice in accordance with the law.
Article 7. Effective Date
1. These joint circulars shall take effect from June 1, 2011.
2. During the implementation process, if there are difficulties, units shall reflect them to the Ministry of Home Affairs for coordination with the Ministry of Justice to examine and resolve.
DEPUTY MINISTER
DEPUTY MINISTER
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