Circular No. 04/1998/TT-BLDTBXH guiding the establishment of standards and examinations for promotion to higher ranks for specialized and technical staff in state-owned enterprises.

CIRCULAR

Guidelines for Establishing Standards and Conducting Examinations for Promotion to Higher Ranks of Civil Servants in Professional and Technical Positions in State-Owned Enterprises
professional and business operations in state-owned enterprises

 

Implementing Decree No. 26/CP dated May 23, 1993 of the Government on the temporary regulations of new salary systems in enterprises, the Ministry of Labor, War Invalids and Social Affairs provides guidelines for establishing standards and conducting examinations for promotion to higher ranks of civil servants in professional and technical positions in state-owned enterprises as follows:

 

A. ESTABLISHING STANDARDS FOR CIVIL SERVANTS IN PROFESSIONAL AND TECHNICAL POSITIONS.

I. POSITIONS THAT MUST HAVE STANDARDS ESTABLISHED.

1. The positions of civil servants with salaries based on the salary scale for professional and technical, administrative, and service positions in enterprises as stipulated in Decree No. 26/CP dated May 23, 1993 of the Government must establish standards, including:

Senior Specialist, Senior Economist, Senior Engineer;

Principal Specialist, Principal Economist, Principal Engineer;

Specialist, Economist, Engineer;

Clerk, Technician;

Clerical Staff; - Service Staff.

For civil servants in professional and technical positions in certain enterprises that have salaries based on the salary scales specified in Decree No. 25/CP dated May 23, 1993 of the Government, the standards for the rank of civil servant shall be applied according to the guidance of the Government's Organizational and Cadre Management Board, without having to establish the professional and technical standards prescribed in this Circular.

2. For other professional and technical positions with salaries based on the professional and technical salary scales specified in Decree No. 26/CP dated May 23, 1993 of the Government, such as economist, auditor..., with the first-level coefficient of the corresponding ranks equivalent to the positions of clerk, technician, specialist, engineer, principal specialist, principal engineer; senior specialist, senior engineer, enterprises shall establish specific standards for each position corresponding to the content of this Circular and submit them to the competent superior authority for review.

II. CONTENT OF THE STANDARDS

Professional and technical standards are specific provisions regarding duties, responsibilities, scope of responsibility, necessary knowledge, and required qualifications for each position of civil servants. The professional and technical standards of each position of civil servants consist of four parts:

1. Duties: specify the specific functions, responsibilities, powers, and obligations of each position comprehensively of civil servants.

2. Knowledge: specify the necessary knowledge and experience in professional and technical fields to complete assigned tasks of each position comprehensively of civil servants.

3. Achievements: specify the specific tasks that must be accomplished according to requirements.

4. Qualification Requirements: specify the necessary qualifications to be achieved (including diplomas and certificates from various levels of training) of each position comprehensively of civil servants to perform the required work.

III. METHODS FOR ESTABLISHING STANDARDS

Based on the content of the standards specified above and the "original professional and technical standards" issued by the State attached to this Circular, enterprises shall establish professional and technical standards for each position comprehensively of civil servants in accordance with their technological organization, production and business organization, and labor organization.

The establishment of professional and technical standards for civil servants in enterprises shall be carried out in the following steps:

1. For each professional and technical department (department or bureau), based on the assigned functions and responsibilities, conduct a comprehensive statistical analysis of all tasks to be performed.

2. Based on the original standard, evaluate and classify the complexity level of the tasks statistically analyzed into four levels of qualification as follows:

Clerk, Technician;

Specialist, Engineer;

Principal Specialist, Principal Engineer;

Senior Specialist, Senior Engineer.

3. Based on the results of the evaluation and classification of tasks, determine the comprehensive position of civil servants.

Example:

Labor and Salary Specialist, Postal Service;

Principal Labor and Salary Specialist, Postal Service;

Principal Engineer in Postal Communication,...

4. Determine the duties section for each comprehensive position of civil servants.

5. Specify the knowledge section for each comprehensive position of civil servants.

6. Specify the tasks that must be accomplished for each comprehensive position of civil servants.

7. Specify the qualification requirements section for each comprehensive position of civil servants.

8. Summarize and balance the standards between each comprehensive position of civil servants at the four levels of qualification to ensure rationality and avoid errors.

9. Organize feedback within the enterprise and perfect the standards.

IV. ORGANIZATION FOR ESTABLISHING AND MANAGING STANDARDS.

1. Organization for Establishing Standards:

a. To have a basis for overall balance and as a foundation for enterprises to establish comprehensive positions and professional and technical standards for civil servants, the Ministry of Labor, War Invalids and Social Affairs issues the "Original Professional and Technical Standards" attached to this Circular for the positions of civil servants: clerk, technician; specialist, engineer, principal specialist, principal engineer; senior specialist, senior engineer.

b. Based on the Original Standards and the method of establishing standards outlined above, the General Director of the enterprise must organize the establishment of comprehensive positions of civil servants and professional and technical standards for each comprehensive position of civil servants for promotion examinations, reorganization of labor, professional and technical training and development for civil servants, and implementation of salary payment linked to capability, responsibility, and assigned tasks.

The professional and technical standards of each rank of civil servants in enterprises must clearly specify the original standards issued with this Circular, adapted to the specific conditions of the enterprise but not lower than the provisions of the original standards.

2. Management of Standards:

a. After the enterprise establishes professional and technical standards, it must register with the competent authority according to the management hierarchy before implementation.

b. When management agencies receive the professional and technical standards of enterprises, they need to review, request enterprises to revise and supplement the standards completely, and provide formal opinions for enterprises to implement. In cases where enterprises adjust or develop new standards, they only need to register the adjusted or newly developed standards.

c. Hierarchical management of professional and technical standards is as follows:

- The Ministry of Labor, Invalids, and Social Affairs shall accept registration of professional standards of enterprises classified as special grade according to Decision No. 185/TTg dated March 28, 1996 of the Prime Minister.

- Sectoral management ministries and agencies shall accept registration of professional standards of enterprises under their management and coordinate with the Ministry of Labor, Invalids, and Social Affairs to accept registration of professional standards of enterprises established according to Decision No. 90/TTg dated March 7, 1994 of the Prime Minister that are classified as special grade.

Provincial People's Committees directly under the central government shall direct the Department of Labor, Invalids, and Social Affairs to accept registration of professional standards of enterprises under their management.

d. The application for registration of professional standards includes:

Request letter;

Professional standards document.

B. PROMOTION EXAMINATION

I. OBJECTS

The subjects eligible for promotion examination are specialized and technical staff working in organizations and state-owned enterprises operating under the Law on State-Owned Enterprises, who are paid according to the specialized and technical salary scale, executive and service salary scales; Scale B21, B23, B24 as stipulated in Decree No. 26/CP dated May 23, 1993 of the Government, and specialized and technical staff in certain special enterprises permitted by competent state authorities to apply the salary scales prescribed in Decree No. 25/CP dated May 23, 1993 of the Government.

II. CONDITIONS FOR PROMOTION EXAMINATION

1. Enterprises organizing promotion examinations must meet the following conditions:

Having registered professional position standards with the competent authority according to the分级管理规定在本通则第四部分第二条中的规定。

Being able to determine the job requirements necessitating the use of specialized and technical staff at the grades requiring examination.

2. Staff members must meet the following conditions to be considered for promotion examination:

Having served the required tenure at the current grade as stipulated in the enterprise's professional standards.

Not violating the enterprise's labor regulations.

Submitting an application for promotion examination and obtaining approval from the enterprise's Promotion Examination Board.

III. ORGANIZATION OF PROMOTION EXAMINATIONS.

To ensure democratic organization of promotion examinations within enterprises, the General Director needs to implement the following actions:

1. Announce the number of specialized and technical staff needed at each grade requiring examination.

2. Establish the enterprise's Promotion Examination Board:

a. Composition of the Promotion Examination Board, including:

The General Director (or Managing Director) of the enterprise serves as the Chairman of the Board.

Board Members:

A leading official responsible for labor and remuneration affairs serves as a permanent member;

A representative of the trade union at the same level;

Other members are decided by the Chairman of the Promotion Examination Board.

b. Responsibilities of the Promotion Examination Board:

Formulate examination rules; examination content; reference materials for candidates.

The enterprise's promotion examination rules must include provisions on examination questions, examination organization, marking, and public announcement of examination results.

Approve and publicly announce the list of candidates.

Prepare examination questions (including written tests, oral examinations, practical tests if necessary) and answer keys.

Establish an examination committee to supervise and mark the examinations.

Approve examination results.

Report examination results to the organization that established the examination board and publicly announce the examination results.

IV. SALARY ADJUSTMENTS FOR SPECIALIZED AND TECHNICAL STAFF WHO HAVE BEEN PROMOTED
BUSINESS OPERATIONS ARE CLASSIFIED

1. Based on examination results and the need for specialized and technical staff, the enterprise shall issue a decision to promote and adjust salaries for staff who have been promoted or prepare a proposal for the competent authority to agree upon or issue a decision according to the分级管理规定。

The principle of salary adjustment is to move up to the next higher pay grade with a higher coefficient of the staff member's examination grade.

If the difference between two pay grades is equal to or greater than 70% of the difference between two consecutive pay grades of the staff member's examination grade, then the next promotion will be calculated from the date of the new salary decision; if less than 70%, the next promotion will be calculated from the date of the old salary decision.

2. Application for salary adjustment and promotion, including:

Enterprise's request letter.

List of proposed promotions and salary adjustments for specialized and technical staff of the enterprise (attached form).

3. Graded Management of Promotion.

a. The Ministry of Labor, Invalids, and Social Affairs:

Agree on high-level promotions (senior specialist, senior economist, senior engineer) based on proposals from sectoral management ministries and agencies, provincial people's committees directly under the central government, and enterprises classified as special grade according to Decision No. 185/TTg dated March 28, 1996 of the Prime Minister.

b. Sectoral management ministries and agencies:

Issue decisions on standard-level promotions (principal specialist, principal economist, principal engineer) for specialized and technical staff of enterprises under their management.

Propose the Ministry of Labor, Invalids, and Social Affairs to agree before issuing decisions on high-level promotions for specialized and technical staff of enterprises under their management, including enterprises established according to Decision No. 90/TTg dated March 7, 1994 of the Prime Minister that are classified as special grade.

c. Provincial People's Committees directly under the central government:

Issue decisions on standard-level promotions (principal specialist, principal economist, principal engineer) for specialized and technical staff of enterprises under their management based on proposals from the Department of Labor, Invalids, and Social Affairs.

Propose the Ministry of Labor, Invalids, and Social Affairs to agree before issuing decisions on high-level promotions for specialized and technical staff of enterprises under their management.

d. For enterprises classified as special grade according to Decision No. 185/TTg:

Issue decisions on standard-level promotions (principal specialist, principal economist, principal engineer) for specialized and technical staff of enterprises under their management.

Propose the Ministry of Labor, Invalids, and Social Affairs to agree before issuing decisions on high-level promotions for specialized and technical staff of the enterprise.

e. For other enterprises:

Issue and propose promotions for remaining specialized and technical staff under their management.

 

C. IMPLEMENTATION

1. Pursuant to the guidance and provisions set forth in this Circular, the Ministries managing industries and sectors, the People's Committees of provinces and centrally governed cities, and the Chairpersons of the Board of Directors (for enterprises with a Board of Directors) shall guide and direct enterprises to establish professional standards, business practices, examination regulations for promotion, and organize examinations for promotion.

2. This Circular takes effect fifteen days from the date of signature. All previous documents that conflict with this Circular are hereby abolished.

During implementation, if there are any difficulties, they should be reported to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution.

 

LIST OF PROPOSED PROMOTION RANKS FOR SPECIALIST AND BUSINESS FUNCTIONARY POSITIONS IN STATE ENTERPRISES

BUSINESS OPERATIONS IN STATE-OWNED ENTERPRISES
(Annexed to Circular No. 04/1998/TT-BLĐTBXH dated April 4, 1998 issued by the Ministry of Labor, Invalids, and Social Affairs)
dated April 4, 1998 of the Ministry of Labor, War Invalids and Social Affairs)

 

Legal Representative of

Head of the unit

(Signature, stamp)

 

STANDARDS FOR SPECIALIST AND BUSINESS FUNCTIONARY POSITIONS TO BE USED IN THE DEVELOPMENT OF POSITION STANDARDS FOR FUNCTIONARIES
(OFFICERS, TECHNICIANS; SPECIALISTS, ENGINEERS; SENIOR SPECIALISTS, SENIOR ENGINEERS; HIGH-RANKING SPECIALISTS, HIGH-RANKING ENGINEERS) IN STATE ENTERPRISES
(OFFICERS, TECHNICIANS; SPECIALISTS, ENGINEERS;
A. BUSINESS RANKS
I. OFFICERS
(Annexed to Circular No. 04/1998/TT-BLĐTBXH dated April 4, 1998 issued by the Ministry of Labor, Invalids, and Social Affairs)
dated April 4, 1998 of the Ministry of Labor, War Invalids and Social Affairs)

 

Develop plans to implement assigned tasks;

Monitor the implementation process of assigned tasks;

1. Responsibilities:

Summarize and report on the results of assigned tasks;

Manage and store files and documents in accordance with regulations;

Be subject to technical guidance from functionaries at higher ranks within the department;

Understand general principles, systems, rules, and procedures established by the State and the enterprise;

Understand administrative and technical procedures related to the assigned work;

2. Knowledge:

Understand the specific contents of the assigned work according to the job description provided by the enterprise;

3. Perform:

Specific tasks as defined by the enterprise based on the job descriptions for each position;

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

Develop plans to implement assigned tasks;

Guide, monitor, urge, inspect, and propose measures to adjust for better plan execution;

1. Responsibilities:

Draft management regulations and procedural documents for assigned tasks;

Analyze, evaluate, and report on the results of assigned tasks;

Organize data collection, statistics, and document storage;

Coordinate with other relevant technical staff and guide lower-ranked technical staff;

Be subject to technical guidance from higher-ranked technical staff;

Understand the general policies of the State, industry, and the enterprise in the assigned field;

Understand the production and business situation of the enterprise;

2. Knowledge:

Have basic knowledge of the specialized and technical fields assigned;

Understand administrative procedures as prescribed by law;

Write regulatory and guidance documents for the enterprise in the assigned field;

Hold a bachelor’s degree in the relevant field. In case of a different bachelor’s degree, additional training in the relevant field must be completed for at least six months;

Read and understand specialized materials, files, and books in one foreign language;

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

III. SENIOR SPECIALISTS:

Lead research, propose, and organize the implementation of assigned tasks;

Develop short-term, medium-term plans, and proposals for managing or implementing production and business directions and tasks of the enterprise in their specialized field;

1. Responsibilities:

Research and develop management regulations and procedures;

Implement, guide, monitor, inspect technical work, and propose corrective measures for deviations in task execution;

Establish principles for cooperation between departments;

Organize the development of unified management regulations, such as information management, statistical data, file storage, reporting systems;

Summarize and evaluate the management or implementation of tasks according to economic and technical indicators for production and business in the specialized field;

Propose amendments and adjustments to management mechanisms or production and business directions in the specialized field suitable to the actual situation of the enterprise;

Lead or participate in researching management topics or projects serving the development of production and business of the enterprise;

Participate in compiling training materials or teaching technical courses;

Be subject to technical guidance from higher-ranked technical staff;

Fully understand the general policies of the State, industry, and enterprise and related areas;

Fully understand basic knowledge of the specialized and technical fields. Deeply understand the principles and mechanisms of management in the field being handled and related systems;

2. Knowledge:

Understand the current and future trends in technical work both domestically and regionally;

Fully understand administrative procedures as prescribed by law;

Master management science in the specialized field to apply it appropriately to the enterprise's activities under actual conditions;

Possess research capabilities;

Have the ability to synthesize, organize, direct, inspect, coordinate to implement technical work or execute assigned tasks;

Hold a bachelor’s degree or higher in the relevant field and have attended administrative and enterprise management training courses. If holding a different bachelor’s degree, must have a certificate of equivalent training in the required field;

Have served at the specialist rank for at least six years;

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

Possess at least one foreign language capable of reading, listening, and communicating with foreigners about the specialized field;

Have a research topic or project applied in management work or serving production and business of the enterprise;

IV. HIGH-RANKING SPECIALISTS:

Lead the development of strategic plans or development plans for the enterprise in the specialized field according to stages of national socio-economic development;

IV. SENIOR SPECIALIST:

1. Responsibilities:

Lead the development of strategic plans or development plans for the enterprise in their specialized field at each stage of national socio-economic development;

Develop medium-term and long-term plans, policy documents, management systems, and production and business operations within the specialized field based on state policies and industry guidelines.

Lead the implementation of development schemes and plans for production and business activities of enterprises within the specialized field. Guide inspections and propose measures to direct and correct deviations that are not in line with enterprise development.

Advise the industry on establishing management mechanisms for production and business operations according to assigned professional fields.

Summarize and evaluate the effectiveness of enterprise production and business development. Propose development strategies suitable for each period.

Lead or participate in research topics and projects to innovate management systems or develop industries and professions in line with domestic and international economic and social development.

Organize the compilation of professional guidance materials at the industry level. Organize professional training sessions.

2. Knowledge:

Be thoroughly familiar with the state's, industry's, and enterprise's policies and guidelines for developing industries and professions according to assigned professional fields and related fields.

Have a deep and broad understanding of basic knowledge in specialized fields and related professional areas.

Possess extensive knowledge in general management and the assigned professional field. Have leadership capabilities and substantial experience in organizational management and handling professional tasks.

Have a thorough understanding of domestic and international economic and social conditions.

Have the ability to conduct scientific research and organize the application of scientific progress to manage or develop enterprises.

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

Hold a bachelor's degree or higher, having attended postgraduate training or advanced management courses. If holding a different bachelor's degree, must have undergone equivalent vocational training.

Have served in the senior specialist rank for at least nine years.

Graduated from a management economics and technology program and the National Academy of Administration at the senior level; hold a high intermediate political education level.

Master at least one foreign language for reading, speaking, and writing fluently.

Have a recognized research work on management science or industry and profession development.

 

B. TECHNICAL RANKS

I. TECHNICIAN:

1. Responsibilities:

Perform regular technical tasks such as drafting detailed designs, collecting information, processing data, operating equipment, guiding practical techniques, etc. Proficiently use tools, machines, and equipment to complete assigned tasks.

Manage assigned technical tasks including directing, monitoring, inspecting, and ensuring production activities comply with technical procedures, processes, standards, quotas, etc.

Guide workers to apply innovations, improve techniques, organize scientific workplaces, protect workplace environments, etc.

Propose labor improvement measures within the scope of the workplace organization.

Identify reasonable disadvantages in technology implementation and propose technical solutions to address and resolve them within assigned responsibilities.

2. Knowledge:

Understand fundamental technical issues of assigned tasks.

Possess intermediate theoretical knowledge in the assigned technical field and practical skills to handle assigned technical tasks.

Be familiar with technical procedures, regulations, standards, quotas, and occupational safety and health requirements for personnel and equipment in assigned tasks.

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

Hold a technical college diploma in a specific technical field.

II. ENGINEER:

1. Responsibilities:

Develop and oversee the implementation of assigned technical plans such as design, construction, technology, processing, operation, installation, maintenance, and repair of technical equipment.

Carry out assigned technical management tasks, including implementing or directing compliance with design, technical procedures, standards, quotas, product quality, occupational safety and health, environmental protection, etc.

Directly or participate in scientific and technological research projects, propose technical solutions, improve techniques, and produce new products.

Participate in training and skill enhancement programs for technicians and workers. Contribute to compiling teaching materials and lectures.

Have the authority to identify, recommend adjustments, or halt activities that violate current technical management regulations within assigned limits and bear personal responsibility for decisions made.

2. Knowledge:

Be familiar with the technical development policies and directions of the industry and enterprise.

Master fundamental knowledge in the assigned technical field and understand some related technical fields.

Be proficient in technical management practices and organizing the implementation of technical operations at enterprises.

Have the authority to identify, recommend adjustments, or halt activities that violate current technical management regulations within assigned limits and bear personal responsibility for decisions made.

2. Knowledge:

Be thoroughly familiar with the state's and industry's economic and technical development policies and directions.

Possess in-depth knowledge in the assigned technical field and related technical fields.

Have economic knowledge and a deep understanding of technical management practices. Be proficient in organizing and directing technical operations and conducting scientific and technological research.

Understand economic and technical development conditions related to the specialized technical field. Be informed about economic and technical development information in the domestic and international context.

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

Have served in the engineer rank for at least six years.

Attend business management training and intermediate-level administrative management training.

of the state.

Have research proposals, creative works, and applications.

Master at least one foreign language for reading, speaking, and listening fluently.

IV. SENIOR ENGINEER:

Responsibilities:

Lead and organize the development of technical plans. Prepare economic and technical justifications for important projects of enterprises or sectors. Organize and direct the implementation of plans.

Lead the review of technical plans and economic and technical justifications for projects in the specialized technical field. Participate in appraising innovations, inventions, and results of scientific and technological research projects and applying scientific and technological advancements in production.

Take the lead or participate in researching issues and scientific and technological topics under the national scientific and technological research program, the industry, and enterprises.

Take the lead in developing training programs and plans to enhance the qualifications of the scientific and technological staff in enterprises. - Compile and edit materials and textbooks for training purposes to serve the development and enhancement of scientific and technological staff. Participate in teaching advanced courses on technical specialties.

Have the authority to detect, adjust, or stop within the scope of their assigned powers any technical activities that violate current technical management regulations and bear personal responsibility for their decisions.

2. Knowledge:

Be well versed in the state's and industry's policies and guidelines for economic and technical development;

Possess in-depth knowledge about the assigned technical specialty and be familiar with some related technical specialties;

Be well versed in economic knowledge and the economic management mechanism of the industry; - Have a broad understanding of the management operations of science and technology, the organization and implementation of technical work within the enterprise or industry;

Have a deep and wide understanding of the country's and the world's economic and social situation relevant to the specific technical field; Be well informed about domestic and international economic and scientific and technological information;

Have the ability to conduct scientific research and organize the application of scientific and technological progress in practice.

4. Qualifications:

Hold a vocational intermediate degree;

II. SPECIALISTS:

Hold a bachelor's and postgraduate degree in the corresponding engineering specialty;

Have at least nine years of experience in the position of Chief Engineer;

Completed training in economic and technical management and graduated;

Undergo National Administrative Internship at the senior level;

Have an innovative project and a research work that has been implemented;

Master at least one foreign language for reading, speaking, and listening proficiency./.