Circular No. 03/2011/TT-BNV guides the implementation of certain provisions of Government Decree No. 18/2010/NĐ-CP on training and upgrading civil servants. It stipulates the minimum mandatory annual upgrading regime, program and material review, organization of training and upgrading, and management of certificates and compensation for training costs.
Đối tượng áp dụng
Civil servants in state agencies, political-social organizations, and enterprises with civil servants.
Các điểm cốt lõi
- Civil servants must participate in one week of upgrading annually, including courses such as upgrading according to professional standards, updating job positions, training sessions, seminars, and overseas study.
- The theoretical political education system varies according to rank and leadership position.
- The Ministry of Home Affairs and training institutions compile programs and materials for upgrading according to civil servant ranks, leadership positions, and specialties.
- The Program and Material Review Board consists of 7-9 members, including the Chairman, Secretary, and two members兼任反批评委员。
- Certificates are issued upon completion of the course and are valid nationwide. Civil servants must compensate for training costs if they voluntarily leave their jobs or fail to complete the course.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhance the capabilities and knowledge of civil servants, improve the effectiveness of state administration.
- Negative impact: Compensation costs may impose a burden on individual civil servants.
❓ Câu hỏi thường gặp
How must civil servants participate in mandatory minimum upgrading?
Civil servants must participate in one week of upgrading annually, including courses such as upgrading according to professional standards, updating job positions, training sessions, seminars, and overseas study.
What does the theoretical political education system stipulate?
In addition to implementing the training and upgrading systems prescribed in Article 4 of Government Decree No. 18/2010/NĐ-CP, civil servants must also fulfill the theoretical political education system according to the regulations of the competent authority of the Communist Party of Vietnam, depending on their rank and leadership position held.
Who are the members of the Program and Material Review Board?
The Program and Material Review Board consists of 7-9 members, including the Chairman of the Board, the Secretary of the Board, and two members兼任反批评委员。
How are certificates issued?
Training and upgrading institutions issue certificates upon completion of the course. Civil servants must compensate for training costs if they voluntarily leave their jobs or fail to complete the course.
When can civil servants be sent for postgraduate studies?
Civil servants may be sent for postgraduate studies after three years of service, meeting recruitment requirements and achieving awards from Model Worker at the grassroots level upwards.
Toàn văn
CIRCULAR
Guidelines for Implementing Certain Provisions of Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government on Training and Capacity Building for Civil Servants
of the Government on Training and Capacity Building for Civil Servants
__________________________
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government on Training and Capacity Building for Civil Servants;
The Ministry of Home Affairs hereby issues guidelines for implementing certain provisions of Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government on Training and Capacity Building for Civil Servants as follows:
PART I
ON THE IMPLEMENTATION OF TRAINING AND CAPACITY BUILDING REGIME AND THE COMPOSITION, REVIEW OF TRAINING PROGRAMS AND MATERIALS
CHAPTER ON TRAINING PROGRAMS AND MATERIALS
Article 1. Implementation of the Minimum Annual Mandatory Capacity Building Regime
Clause 1. The following programs and courses shall be counted towards the implementation of the minimum mandatory annual capacity building regime of 1 (one) week per year:
Point a. Programs for capacity building according to professional standards:
Point b. Programs for capacity building to update knowledge according to job positions;
Point c. Courses and seminars for updating knowledge and skills;
Point d. Programs for capacity building abroad.
Clause 2. The time spent participating in the capacity building courses specified in Clause 1 of this Article shall be accumulated to calculate the time for implementing the minimum mandatory annual capacity building regime of 1 (one) week per year.
Example: In 2010, civil servant A participated in 1 (one) course for updating knowledge and skills according to job positions for 3 (three) days; attended 1 (one) professional training course for 1 (one) day, and attended 1 (one) seminar for 1 (one) day. In total, civil servant A participated in 3 (three) capacity building courses, training sessions, and seminars for 5 (five) days. Thus, civil servant A has completed the minimum mandatory annual capacity building regime in 2010.
Clause 3. During the year, civil servants who participate in capacity building courses according to rank standards and obtain certificates shall be confirmed as having fulfilled the minimum mandatory annual capacity building regime.
In cases where capacity building courses extend into the next year, they shall be counted towards the fulfillment of the minimum mandatory annual capacity building regime of the year in which the course began.
Example: Civil servant B participated in a capacity building course for the rank of specialist and equivalent from December 2, 2010 to March 2, 2011; civil servant B was confirmed as having fulfilled the minimum mandatory annual capacity building regime in 2010.
Article 2. Training and Capacity Building Regime for Political Theory
In addition to implementing the training and capacity building regime prescribed in Article 4 of Decree No. 18/2010/NĐ-CP, civil servants, depending on their current rank and leadership position, have the responsibility to implement the political theory training and capacity building regime as prescribed by the competent authority of the Communist Party of Vietnam.
Article 3. Composition of Training Programs and Materials According to Rank Standards for Civil Servants; Leadership Position Standards and Professional Knowledge and Skills
Clause 1. The Ministry of Home Affairs shall organize the composition of programs; the National Academy of Politics and Public Administration, academies, schools, centers for training and capacity building for cadres and civil servants under ministries, agencies at the level of ministries, government agencies, provincial political schools (hereinafter referred to collectively as training and capacity building institutions) shall organize the composition of training and capacity building materials according to their respective levels of authority.
In cases where training and capacity building institutions do not meet the conditions to compose the assigned materials, they shall use model materials issued by the Ministry of Home Affairs.
Clause 2. Ministries, agencies at the level of ministries, government agencies, People's Committees of provinces and centrally governed cities shall organize the composition of programs and materials for professional knowledge and skill capacity building according to their respective levels of authority.
Article 4. Examination of Programs and Materials
1. The Minister of Home Affairs, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government (hereinafter referred to collectively as the competent authority) shall establish an examination board for training and development programs and materials within their jurisdiction.
2. The examination board consists of 7 (seven) or 9 (nine) members, including the Chairman of the Board, the Secretary of the Board, and 2 (two) members兼任反批评委员。
3. Members of the Board must be experienced managers and scientists with expertise and reputation commensurate with the content of the materials and programs to be examined.
Article 5. Duties of Examination Board Members
1. Chairman of the Council:
a) Be responsible before the Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and Chairperson of a provincial People's Committee under the central government regarding the activities of the Board;
b) Organize the examination of programs and materials in accordance with the prescribed requirements and timeframes;
c) Assign tasks to other members of the Board;
d) Convene and chair meetings of the Board.
2. The Secretary of the Board:
a) Assist the Chairman of the Board in preparing the agenda, program, and organizing meetings of the Board;
b) Record minutes of the Board's meetings;
c) Perform other tasks assigned by the Chairman of the Board.
3. Member of the Council:
a) Study and prepare comments and evaluations on the programs and materials;
b) In case they cannot attend the examination meeting, they must submit their comments and evaluations to the Secretary of the Board before the meeting is held.
Article 6. Working System of the Examination Board
1. The Board operates based on the principle of collective discussion, secret ballot, and majority decision.
2. Levels of examination results for programs and materials:
a) Meet the requirements and recommend issuance by the competent authority;
b) Meet the requirements but need revision and completion before submission to the competent authority for issuance;
c) Fail to meet the requirements, recommend re-editing and re-examination.
Article 7. Meetings of the Examination Board
1. A meeting of the Board shall be convened when at least 2/3 (two-thirds) of the total number of Board members are present.
2. Agenda of the Board:
a) The Secretary of the Board reads the Decision establishing the Board;
b) The Board approves the work agenda;
c) Representatives from the main organizing units present the process of compilation and key contents of the programs and materials;
d) Board members present critical opinions, comments, and discussions on the programs and materials:
đ) Representatives from the main organizing units explain issues related to the programs and materials as requested by Board members;
e) The Board elects a counting committee and votes on the examination results according to the levels specified in Clause 2 of Article 6 of this Circular;
g) The counting committee works; the head of the committee announces the voting results;
h) The Chairman of the Board concludes the content of the examination meeting;
i) The Board approves the minutes of the examination meeting.
3. In cases where the voting results show equal scores for two (two) or three (three) examination levels, the voting result will be based on the conclusion of the Chairman of the Board.
4. Meeting Minutes:
a) Record all statements made during the meeting and must be signed by the Chairman and Secretary of the Board;
b) Reflect the Chairman's conclusion on the examination level of the programs and materials as stipulated in Clause 2 of Article 6 of this Circular.
5. Within ten working days from the end of the examination meeting, the examination dossier of the programs and materials must be submitted to the competent authority.
6. The dossier includes:
a) Comments, evaluations, and examination forms of the Board members;
b) Minutes of the examination meeting of the Board, clearly recording the Chairman's conclusions; minutes of the examination voting results;
c) Programs and materials that have been examined by the Board.
7. Based on the Board's conclusions, the Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and Chairperson of a provincial People's Committee under the central government shall consider and decide on the approval and issuance of the programs and materials.
8. The examination organization costs are taken from the training and development budget for cadres and civil servants included in the budget for compiling programs and materials.
Article 8. The agency assisting in the organization of the review
1. The agency assisting in the review of training programs and cadre development according to rank standards and leadership positions within the authority of the Ministry of Home Affairs is the Department of Cadre Training and Civil Servant Development.
2. The agency assisting in the review of training materials according to rank standards, leadership position standards, and specialized knowledge and skill enhancement programs within the authority of Ministries, ministerial-level agencies, and government agencies is the Department (Board) of Cadre and Civil Servant Management; for provincial People's Committees, it is the Department of Home Affairs.
3. Training institutions under Ministries, sectors, and localities have the responsibility to submit compiled materials to the assisting agencies and closely cooperate with these agencies during the organization of the material review process.
Article 9. Responsibilities of the agency assisting in the organization of the review
1. The agency assisting in the organization of the review has the responsibility to arrange necessary conditions and means for the activities of the Council.
2. Propose to the competent authority to decide on establishing the Council.
3. Appoint civil servants as Secretaries of the Council.
4. Receive materials serving the meeting of the Review Council and send them to each member of the Council at least 10 (ten) working days before the meeting date.
5. Prepare and submit the review file of the program and materials to the competent authority.
6. Send training programs and materials according to rank standards, and training and development programs according to leadership position standards that have been issued to the Ministry of Home Affairs for management and monitoring.
7. Preserve and store materials related to the review activity.
Article 10. On the review and evaluation of training programs and materials according to professional standards; updating training programs and materials based on job positions
1. For training programs and materials according to industry standards: Ministries, ministerial-level agencies, and government agencies organize reviews based on applying the provisions stipulated in Articles 4, 5, 6, 7, 8, and 9 of this Circular.
2. For training programs and materials for updating based on job positions:
a) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees, based on applying the provisions stipulated in Articles 4, 5, 6, 7, 8, and 9 of this Circular, organize reviews of programs and materials with training periods exceeding 3 (three) days.
b) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees consider and approve the issuance of programs and materials with training periods up to 3 (three) days upon the proposal of the Department of Cadre and Civil Servant Management, the Department of Home Affairs, and the training institution.
Chapter II
TRAINING AND DEVELOPMENT ORGANIZATION AND MANAGEMENT OF TRAINING AND DEVELOPMENT CERTIFICATES
Article 11. Building a training and development plan
The Department (Board) of Cadre and Civil Servant Management, the Department of Home Affairs takes the lead, coordinating with training institutions and relevant agencies to build a training and development plan for the cadre under their jurisdiction; submit to the competent authority for approval.
Article 12. Organization of training and development
1. Training institutions coordinate with the Department of Cadre and Civil Servant Management, the Department of Home Affairs, and relevant agencies to organize training and development according to the approved plan by the competent authority.
2. In cases where the training institution does not have the conditions to effectively implement assigned training and development courses, they may enter into contracts with the National Academy of Political Studies and Public Administration (Public Administration Academy), regional academies, other training institutions, consulting and training companies with capability and reputation to organize implementation.
Article 13. Printing, Issuing and Managing Certificates
1. Training and development institutions have the right to print and issue certificates for training and development programs assigned by competent authorities to implement.
2. Training and development certificates shall be issued once after the completion of the course.
3. In case a certificate is lost or damaged, upon request from the certificate holder, the training and development institution shall issue a Certificate of Completion.
4. Training and development institutions shall maintain a record of certificate issuance in accordance with current regulations.
Article 14. Conditions for Issuing Certificates
Training and development certificates shall be issued to trainees who meet the following conditions:
1. Participate fully in all prescribed contents of the training and development program;
2. Complete all required examinations, assignments, and projects as stipulated; each examination, assignment, and project must score at least 5 (five) points out of ten;
3. Adhere strictly to the study regulations.
Article 15. Validity of Certificates
1. Certificates for training and development programs based on civil service rank standards; certificates for leadership and management training and development programs based on position standards; and certificates for specialized training and development programs based on professional standards are valid nationwide.
2. A Bachelor's degree in Public Administration, a Master's degree in Public Management, and a Doctorate in Public Management can replace the certificate for specialized training and development programs based on the clerk rank standard; a Master's degree in Public Management and a Doctorate in Public Management can replace the certificate for specialized training and development programs based on the senior clerk rank standard.
3. Civil servant training and development certificates issued domestically; overseas training and development certificates issued by foreign institutions are among the criteria for evaluating the performance of civil servants during the year.
4. Certificates for training and development programs based on civil service rank standards are among the conditions for civil servants to be nominated for promotion exams and appointment to ranks they have studied, and to enroll in higher rank training programs.
5. Certificates for training and development programs based on higher rank standards can replace certificates for lower rank training and development programs.
6. Certificates for training and development programs based on leadership and management position standards are among the conditions for civil servants to be appointed to leadership and management positions.
Article 16. Handling Violations
Article 16. Revocation of Certificates
a) If there is fraud in issuing certificates;
b) Issuing certificates in violation of the provisions of this Circular.
Civil servants who violate regulations on printing, issuing, managing, and using training and development certificates shall be subject to disciplinary measures as provided for in the Law on Cadres and Civil Servants. Violations involving criminal offenses shall be prosecuted according to the law.
Article 17. Certificate Format (see Appendix)
Chapter III
TRAINING CIVIL SERVANTS ABROAD USING STATE BUDGET FUNDS
Article 18. Conditions for Civil Servants to be Sent for Training Abroad
1. For training courses lasting less than 2 (two) months, civil servants must have enough working age to work for at least 1 (one) year starting from the beginning of the training course.
2. For training courses lasting 2 (two) months or more, civil servants must have enough working age to work for at least 5 (five) years starting from the beginning of the training course.
3. Not under consideration or undergoing disciplinary action of reprimand or higher; or not falling within any of the cases specified in Article 21 of Decree 136/2007/NĐ-CP dated August 17, 2007 of the Government regarding exit and entry of Vietnamese citizens.
4. Civil servants sent for training must have satisfactorily completed their assigned tasks in the previous year.
5. The expertise and vocational skills of civil servants sent for training must align with the content of the training course.
6. Must be in good health.
Article 19. Principles
1. Selecting and appointing civil servants who meet the required conditions.
2. The country chosen for the appointment of civil servants to study must satisfy the following requirements:
a) Achieving advanced accomplishments in administrative management, economy, and technology fields;
b) Having experience in managing the field of study and research that can be applied in Vietnam;
c) The training and development institutions of the sending country must have educational and research conditions, teaching methods that meet the objectives, contents, and programs of the training course.
3. Ensuring transparency, fairness, and effectiveness.
Article 20. Building Plans and Management
Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally governed city People's Committees:
1. Building and approving plans for overseas training of civil servants;
4. To decide on the establishment of the delegation and appoint the head of the delegation for overseas training. The authority to dispatch cadres, civil servants, and public officials for overseas training shall be implemented in accordance with current laws on exit and entry of Vietnamese citizens.
3. Building and signing contracts with foreign training and development institutions. Training contracts must clearly state the commitments of both parties regarding the form, duration, content, program, funding, living and learning conditions, and other related matters;
4. Deciding on the establishment of the delegation and appointing the head of the delegation for overseas training. The authority to appoint civil servants for overseas training shall be implemented according to the provisions of Article 32 of Decree No. 136/2007/NĐ-CP.
5. Informing each member of the delegation before they depart for training:
a) Regulations on managing the delegation and civil servants studying and researching abroad;
a) To be responsible for all activities of the delegation during the period of study abroad;
6. The head of the delegation has responsibilities and tasks:
c) To monitor the implementation of the study and research program, content, and plan of the delegation;
d) To manage the members of the delegation;
a) To strictly comply with regulations on managing delegations and cadres, civil servants, and public officials studying and researching abroad; to follow the instructions of the delegation head;
b) To abide by the laws, respect local customs, traditions, and cultural norms of the host country, and adhere to the internal rules of the training institution and accommodation facilities;
d) Preparing and submitting a report on the implementation of the plan and the results of the training of the delegation after the completion of the training course.
7. Civil servants appointed for overseas training have the responsibility:
a) Fully complying with regulations on managing the delegation and civil servants studying and researching abroad;
b) Adhering to laws, respecting local customs, traditions, and cultural norms, and abiding by the rules of the training and development institution;
c) Report study results as prescribed.
Article 21. Reporting System
1. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally governed city People's Committees are responsible for submitting annual reports on the results of overseas training of civil servants to the Ministry of Home Affairs.
2. At the latest within fifteen (15) days from the date of the delegation's return to the country, the head of the delegation's report must be submitted to the following agencies:
a) The Ministry of Home Affairs (if the delegation's training falls under the annual plan for overseas training of civil servants of the Ministry of Home Affairs)
b) Agency that decided to establish the delegation.
3. At the latest within fifteen (15) days from the date of the delegation's return to the country, the trainee's report must be submitted to the following agencies:
a) The agency that decided to establish the delegation;
b) The agency employing the civil servant.
Article 22. Handling of Violations
In the following cases, disciplinary action will be taken according to the provisions of the Law on Cadres and Civil Servants depending on the nature and degree of violation:
1. The head of the delegation lacks a sense of responsibility leading to negative phenomena; activities of the delegation during their time abroad do not align with the purpose and fail to complete the program of the training course;
2. Civil servants appointed for training do not comply with the delegation's regulations, skip training without valid reasons; violate the rules of the training and development institution or the laws of the host country; return to the country late (except in cases permitted by authorized agencies);
3. Failure to comply with the reporting system as stipulated in Article 21 of this Circular.
Article 23. Reports of the team leader and trainees
1. Requirements for the report of the team leader:
a) Composition of the delegation;
b) Overview of the situation in the country where training takes place;
c) Time, content, and program of the training course;
d) The organizational work of the training course, the compliance with laws of the country where the study takes place, regulations on managing the group, and the internal rules of the training institution;
đ) Results achieved and comments and evaluations on the content, program, methods, time, and organizational work of the training course;
e) Contents absorbed and experiences drawn from the training course;
g) Proposals and solutions to improve the quality of overseas training courses.
2. Requirements for the report of the trainee.
a) Full name, year of birth;
b) Position, civil servant grade, working agency, contact phone number;
c) Results achieved and comments and evaluations on the content, program, methods, time, and organizational work of the training course;
d) Knowledge and experience acquired and proposals for application in professional work and management at the current workplace;
đ) Proposals and recommendations regarding the training of civil servants abroad.
Chapter IV
POSTGRADUATE TRAINING FOR CIVIL SERVANTS AND REIMBURSEMENT OF TRAINING COSTS
Article 24. Postgraduate training for civil servants
1. Sending civil servants for postgraduate training must meet the needs of building, planning, and developing human resources of the agency.
2. The provisions of Article 20 of Decree No. 18/2010/NĐ-CP shall not apply to the following cases:
a) Civil servants sent to study under programs of cooperation with foreign countries signed or joined on behalf of the State and the Government of the Socialist Republic of Vietnam pursuant to the Law on Signing, Joining and Implementing International Treaties;
b) Civil servants who pay their own expenses for studying and study outside regular working hours.
3. Clause 3 of Article 20 of Decree No. 18/2010/NĐ-CP applies only to cases where civil servants are sent for their first postgraduate training.
4. Civil servants may be sent for postgraduate training after three (3) years of service if they meet the following requirements:
a) Meeting the provisions of Clauses 2, 3, and 4 of Article 20 of Decree No. 18/2010/NĐ-CP;
b) Being recruited in accordance with Clause 1 of Article 19 of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, use, and management of civil servants; or achieving the title of Model Worker or higher for two consecutive years.
Article 25. Cases requiring reimbursement of training costs
Reimbursement of training costs applies to cases where civil servants are sent for training according to rank standards; overseas training; and training from associate degree level and above, when:
1. Civil servants voluntarily do not participate in the course after completing all admission procedures and having been provided with training and development funding by the agency; or civil servants voluntarily leave school, leave work, or resign during the period they are sent for training or development;
2. Civil servants complete the full duration of the course as prescribed (confirmed by the training institution) but do not receive a certificate or completion certification due to subjective reasons;
3. Civil servants complete the course and receive a graduation certificate (for cases where civil servants are sent for training from associate degree level and above) but leave work or resign before serving the required commitment period stipulated in Clause 4 of Article 20 of Decree No. 18/2010/NĐ-CP.
Article 26. Reimbursement costs and calculation of reimbursement costs
1. Reimbursement costs include tuition fees and all other expenses serving the course.
2. Method of calculating compensation costs:
a) For the case specified in Clause 1 of Article 25 of this Circular, civil servants must reimburse 100% of the costs paid by the training institution and the agency;
b) For the cases specified in Clause 2 of Article 25 of this Circular, civil servants must reimburse 50% of the course costs;
c) For the cases specified in Clause 3 of Article 25 of this Circular, the reimbursement cost is calculated as follows:
|
S = |
F |
x (T1 – T2) |
|
T1 |
Where:
- S is the compensation cost;
- F is the total cost of the course;
- T1 is the required service time after completing the course (or courses), measured in months rounded off;
- T2 is the actual service time after training, measured in months rounded off.
Example: Mr. A was sent by the agency for a master's program lasting 3 years (36 months) at a cost of 30 million VND. After graduating, Mr. A served the agency for 3 years (36 months). Then, Mr. A voluntarily left his job. The training cost that Mr. A must reimburse is:
|
S = |
30,000,000 VND |
x (108 months – 36 months) = 20,000,000 VND |
|
108 months |
If Mr. A leaves his job immediately after completing the training or leaves the job while still studying, Mr. A must reimburse the entire training cost of 30 million VND.
Article 27. Conditions for Reduction of Compensation Costs
The reduction of compensation costs shall only apply to civil servants who are sent for training from the intermediate level upwards:
1. Each year of work of a civil servant (excluding the probation period and the time worked after training and retraining) shall reduce 1% of the compensation costs.
2. Civil servants who have received titles from Model Worker at the grassroots level or higher within the last five years shall be eligible for a reduction of 1% of the compensation costs for each title.
Article 28. Compensation Review Board
1. The head of the civil servant management agency shall establish the Compensation Review Board.
2. The Board shall consist of:
a) A representative of the Personnel Department (or Bureau) or Provincial Department of Home Affairs of the managing agency serving as Chairman of the Board;
b) A representative of the trade union organization of the employing agency;
c) A staff member responsible for training and retraining from the Personnel Department (or Bureau) or Provincial Department of Home Affairs of the managing agency serving as Secretary of the Board;
d) A representative of the financial-accounting department of the agency paying for the course expenses;
đ) A representative of the leadership of the employing agency.
Article 29. Principles of Operation of the Board
1. The Board operates on the principles of transparency, democracy, and majority voting.
2. The Board ceases its activities and dissolves itself upon completion of its tasks.
Article 30. Meeting of the Board
1. The Chairman of the Board is responsible for organizing the meeting to review compensation. The Board's meeting can only proceed when all members are present.
2. At the Board's meeting:
a) The Board Secretary reads the decision establishing the Board;
b) The Chairman of the Board outlines the tasks and work program of the Board;
c) The Board Secretary reads the relevant regulations concerning compensation for training and retraining costs;
d) A representative of the financial-accounting department of the agency paying for the course reports on the course expenses and identifies which case being reviewed falls under which of the cases requiring compensation for training and retraining costs;
đ) A representative of the leadership of the employing agency reports on the civil servant's work history;
e) The Board discusses the compensation case and the compensation costs.
The average reduction in compensation costs proposed by the Board members is the proposed reduction in compensation costs by the Board;
g) The Board's recommendation for the reduction in compensation must be documented and submitted to the head of the civil servant management agency no later than three working days from the end of the meeting.
Article 31. Decision on Compensation
Based on the Board's recommendation, the head of the civil servant management agency decides on the amount of compensation for training and retraining costs.
Article 32. Payment and Recovery of Compensation Costs
1. Within the latest forty-five (45) days from receiving the compensation decision from the management agency, the civil servant responsible for compensating for training and retraining costs must pay back the full amount due.
2. The compensation costs shall be paid to the agency that paid for the course through the State Treasury.
3. In cases where a civil servant required to compensate for training and retraining costs fails to fulfill this obligation, the agency issuing the compensation decision will not process any benefits or policies and has the right to initiate legal proceedings according to the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 33. Effective Date
1. This Circular takes effect 45 days from the date of issuance.
2. The following consolidated documents are abolished:
a) Decision No. 52/2004/QĐ-BNV dated July 26, 2004, issued by the Minister of Home Affairs on the issuance of the Regulation on the Appraisal of Training Programs, Textbooks, and Materials for Cadres and Civil Servants;
b) Decision No. 13/2006/QĐ-BNV dated October 6, 2006, issued by the Minister of Home Affairs on the Regulations on Training Programs for Knowledge and Skills in State Management for Cadres and Civil Servants;
c) Decision No. 05/2007/QĐ-BNV dated April 17, 2007, issued by the Minister of Home Affairs on the Issuance of the Regulation on Training Certificates for Cadres and Civil Servants;
d) Decision No. 104/2005/QĐ-BNV dated October 3, 2005, issued by the Minister of Home Affairs on the Issuance of the Regulation on Sending Cadres and Civil Servants Abroad for Training and Retraining with State Budget Funds; Decision No. 04/2006/QĐ-BNV dated January 25, 2006, issued by the Minister of Home Affairs on Amending and Supplementing Clause 3, Article 3 of the Regulation on Sending Cadres and Civil Servants Abroad for Training and Retraining with State Budget Funds;
đ) Decision No. 170/2007/QĐ-BNV dated March 2, 2007, issued by the Minister of Home Affairs on the Issuance of the Procedure for Building Plans and Organizing Implementation of Overseas Training Courses for Cadres and Civil Servants with State Budget Funds;
e) Repeal Section III of Circular No. 130/2005/TT-BNV dated December 7, 2005, issued by the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 54/2005/NĐ-CP dated April 19, 2005, of the Government on Resignation System and Compensation for Training Costs for Cadres and Civil Servants.
Article 34. Responsibility for Implementation
1. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of Provinces and Cities directly under the Central Government are responsible for implementing this Circular.
2. During implementation, if there are difficulties or obstacles, agencies and units are requested to report to the Ministry of Home Affairs for study and resolution./.
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