Joint Circular No. 02/2014/TTLT-BNV-UBDT provides detailed regulations and guidance on the implementation of policies for ethnic minority officials, civil servants, and public officials as stipulated in Article 11 of Government Decree No. 05/2011/NĐ-CP dated January 14, 2011, concerning ethnic affairs.

JOINT CIRCULAR

Detailed regulations and guidance on the implementation of policies for ethnic minority cadres, civil servants, and public officials as stipulated in Article 11 of Decree No. 05/2011/NĐ-CP dated January 14, 2011 of the Government on ethnic affairs;

Decree No. 05/2011/NĐ-CP dated January 14, 2011 of the Government on ethnic affairs;

Decree No. Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, employment, 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. Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants;

Decree No. Pursuant to Decree No. 161/2018/ND-CP dated November 29, 2018 of the Government amending and supplementing certain provisions on recruitment of public officials and civil servants, promotion of civil servant ranks, upgrading of civil servant positions, and implementation of employment contracts for certain types of work in administrative agencies and public institutions; Pursuant to Decision No. 17/2017/QD-TTg dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on cadre titles, quantity, and some systems and policies for cadres and civil servants at commune, ward, town levels and non-professional staff at commune level; Decree No. 112/2011/NĐ-CP December 5, 2011 Government Decree on commune, ward, town public officials;

Decree No. 58/2014/NĐ-CP dated June 16, 2014, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Decree No. 84/2012/NĐ-CP dated October 12, 2012 of the Government on the functions, tasks, authorities, and organizational structure of the Committee for Ethnic Minorities Affairs;

The Minister of Home Affairs and the Chairman of the Committee for Ethnic Minorities Affairs issue this Circular to provide detailed regulations and guidance on the implementation of policies for ethnic minority cadres, civil servants, and public officials as stipulated in Article 11 of Decree No. 05/2011/NĐ-CP dated January 14, 2011 of the Government on ethnic affairs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular (hereinafter referred to as the Circular) provides detailed regulations and guidance on some policies regarding the recruitment, employment, and management of ethnic minority cadres, civil servants, and public officials working in agencies of the Communist Party of Vietnam, State, political-social organizations at central level; at provincial and centrally-administered city level; at district, town, township, and centrally-administered city level; at commune, ward, and town level (hereinafter collectively referred to as agencies, organizations, units).

Article 2. Applicability

This Circular applies to cadres, civil servants, and public officials (including commune-level civil servants) who are ethnic minorities.

Article 3. Principles of Implementation

1. Ensuring the unified leadership of Party committees and governments at all levels over the recruitment, employment, and management of ethnic minority cadres, civil servants, and public officials according to the management hierarchy and procedures.

2. Ensuring democracy, transparency, fairness, and compliance with the specified target groups.

3. Policies for ethnic minority cadres, civil servants, and public officials must contribute to enhancing the quantity and quality of the cadre, civil servant, and public official workforce; meeting the requirements for economic and social development in ethnic minority and mountainous regions.

4. In cases where agencies, organizations, and units have fully utilized their staffing quotas, the competent authority managing civil servants and public officials at the ministry, sector, and local levels must base their recruitment and appointment of ethnic minority cadres, civil servants, and public officials to replace those who have left their positions, retired, or transferred jobs on specific needs and conditions, ensuring a reasonable ratio as prescribed in Articles 4 and 5 of this Circular.

Chapter II

SPECIFIC PROVISIONS

Article 4. Ratio of ethnic minority cadres, civil servants, and public officials in agencies, organizations, and units

1. Provincial People's Committees and centrally-administered city People's Committees shall base their recruitment, planning, training, upgrading, appointment, and utilization of ethnic minority cadres, civil servants, and public officials working in agencies, organizations, and units on the direction of economic and social development; job position structure and staffing quota; specific conditions and requirements of the locality to ensure a reasonable ratio corresponding to the proportion of ethnic minorities in the locality.

In ethnic minority areas, there must be ethnic minority cadres, civil servants, and public officials in leadership and management positions.

2. Agencies, organizations, and units at the central level shall base their recruitment, planning, training, upgrading, appointment, and utilization of ethnic minority cadres, civil servants, and public officials on their functions, tasks, organizational structure; job position structure and staffing quota to ensure a reasonable ratio.

Article 5. Proportion of ethnic minority officials, civil servants, and public employees of the National Ethnic Committee

1. The National Ethnic Committee must have a minimum proportion of 40% ethnic minority officials, civil servants, and public employees out of the total number of positions.

2. For Departments and units under the National Ethnic Committee, when planning and appointing to leadership and management positions, there must be at least one position of head or deputy head held by an ethnic minority person.

Article 6. Recruitment of ethnic minority civil servants and public employees

1. Each year, the People's Committees of provinces and centrally governed cities shall base their recruitment plans on economic and social development orientations and local needs, determining a reasonable proportion of positions for recruiting ethnic minority people into civil servant and public employee roles from the total number of positions allocated by competent authorities. Recruitment standards, conditions, procedures, and processes shall be carried out in accordance with current laws.

2. Ethnic minority individuals who are selected to study at universities, colleges, vocational colleges, intermediate vocational schools, and intermediate specialized schools will be recruited directly into civil servant and public employee roles without examination upon graduation, in accordance with the provisions of Government Decree No. 134/2006/NĐ-CP dated November 14, 2006, concerning the selection system for admission to higher education institutions within the national education system.

Each year, the People's Committees of provinces and centrally governed cities shall base their recruitment plans on the number of ethnic minority students studying under the selection system who will graduate, to determine the number of reserve positions for recruitment and placement into civil servant and public employee roles to ensure a reasonable proportion.

Article 7. Planning and appointment of ethnic minority officials, civil servants, and public employees

1. The planning and appointment of ethnic minority officials, civil servants, and public employees shall be implemented in accordance with the regulations of the Party and current laws.

2. Priority shall be given to planning and appointing female, young, and rarely represented ethnic minority officials, civil servants, and public employees to agencies, organizations, and units at all levels within the political system.

Article 8. Standards for appointing ethnic minority civil servants and public employees to leadership and management positions

1. The standards for appointing ethnic minority civil servants and public employees to leadership and management positions at all levels shall be implemented in accordance with the regulations of the Party and current laws.

2. In cases where ethnic minority officials, civil servants, and public employees working at the district level or below have been approved by competent authorities to be planned for leadership or management positions or equivalent positions, if they still lack certain qualifications but are otherwise qualified for the job, they may still be considered for appointment to meet the requirements of the position, but within half the term of appointment, the competent authority managing them must arrange for training and capacity building to complete the required qualifications.

Article 9. Training and capacity building for ethnic minority officials, civil servants, and public employees

Agencies, organizations, and units with management responsibilities for officials, civil servants, and public employees shall prioritize providing training and capacity building in ethnic affairs knowledge, ethnic languages, political theory, state administration, information technology, and administrative management skills for ethnic minority officials, civil servants, and public employees.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Responsibility for Implementation

1. Ministry of Home Affairs

a) To take the lead and coordinate with the National Ethnic Committee and relevant ministries and agencies to inspect the implementation of this Circular;

b) To take the lead and coordinate with the National Ethnic Committee to organize the evaluation and assessment of the implementation results of policies stipulated in this Circular to report to the Prime Minister.

2. The National Ethnic Committee

a) To coordinate with the Ministry of Home Affairs to organize inspections of the implementation of this Circular;

b) To take the lead and coordinate with relevant agencies to develop programs for capacity building in ethnic affairs knowledge and ethnic languages for ethnic minority officials, civil servants, and public employees.

3. Ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and centrally governed cities

a) Within the scope of their assigned functions, tasks, and powers, they are responsible for implementing the provisions of this Circular;

b) Each year, they shall organize evaluations and reports on the implementation results of policies for ethnic minority officials, civil servants, and public employees to the Ministry of Home Affairs for consolidation and reporting to the Prime Minister as prescribed.

Article 11. Effective Date

1. This Circular takes effect from November 1, 2014.

2. When the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the new legal normative documents.

3. During the implementation process, if difficulties or obstacles arise, relevant agencies, organizations, and individuals are advised to reflect these issues to the Ministry of Home Affairs and the National Ethnic Committee for consideration and resolution within their jurisdiction./.