Circular No. 05/2013/TT-BNV guiding the implementation of Decree No. 36/2013/NĐ-CP dated April 22, 2013 of the Government on job positions and the structure of civil service ranks.

CIRCULAR

HCircular guiding the implementation of Government Decree No. 36/2013/NĐ-CP dated April 22, 2013 on job positions and the structure of civil service grades

 of April 22, 2013 on job positions and the structure of civil service grades;

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Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

||| BASED ON DECREE NO. 36/2012/NĐ-CP DATED APRIL 18, 2012 OF THE GOVERNMENT ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENTAL AGENCIES OF THE SAME RANK;13/2013/NĐ-CP dated April 22, 2013 on job positions and the structure of civil service grades;

The Minister of Home Affairs issues this Circular to guide the implementation of Government Decree No. 36/2013/NĐ-CP dated April 22, 2013 on job positions and the structure of civil service grades (hereinafter referred to as Decree No. 36/2013/NĐ-CP),

PART I

METHODS FOR DETERMINING JOB POSITIONS AND THE STRUCTURE OF CIVIL SERVICE GRADES

AND THE STRUCTURE OF CIVIL SERVICE POSITIONS

Article 1. Statistics of work according to functions, tasks, authorities of Agencies, organizations, units

The statistics of work according to functions, tasks, authorities and organizational structure of agencies, organizations, units shall be carried out as follows:

1. Each individual cadre, civil servant, and employee in the agency, organization, unit shall conduct statistics on the work currently assigned to them.

2. The statistics of work must comply with the principle of only counting regular, continuous, stable, long-term, recurring work, including:

a) Work related to leadership, management, and operation performed by the head, deputy head of the agency, organization, unit; heads, deputy heads of departments, and equivalent positions within constituent organizations;

b) Work related to execution and compliance within the specialized field or area of activity of the agency, organization, unit (collectively referred to as professional work);

c) Work related to execution and compliance that serves leadership, management, and operational activities (collectively referred to as support and service work).

3. Do not count work that is temporary, sporadic, or does not fall under the functions and tasks of the agency, organization, unit.

4. The statistics of work in the agency, organization, unit shall be carried out in sequence from subordinate units to superior units within the organizational structure of the agency, organization, unit.

5. Based on the functions and tasks of the agency, organization, unit and the statistics of work of cadres, civil servants, and employees, the head of the agency, organization, unit shall be responsible for conducting statistics on the work of the organization, unit they manage and report to the superior agency, organization, unit.

6. The statistics of work for each individual cadre, civil servant, and employee; the statistics of work in the agency, organization, unit shall be conducted according to Appendix No. 1A and Appendix No. 1B attached hereto.

Article 2. Classification of work

1. On the basis of the statistics of work of the agency, organization, unit, the head of the agency, organization, unit shall direct and implement the consolidation and classification of work as follows:

a) Groups of leadership, management, and operational work;

b) Groups of professional work;

c) Groups of support and service work.

2. The classification of work shall be carried out according to Appendix No. 2 attached hereto.

Article 3. Influencing factors

1. Job positions in each agency, organization are influenced by the following factors:

a) For central agencies, organizations:

- Nature, characteristics, complexity level, scale, scope, and management objects;

- Professional management procedures and work processing;

- Level of office modernization, equipment, working tools, and information technology application;

- Current quality and quantity of civil servants in the agency, organization;

- Quantity and volume of work assigned by competent authorities;

- Requirements for management effectiveness and work quality;

- Working system and work organization method of the agency;

- Special features of the industry or field of activity...

b) For local agencies, organizations:

In addition to the factors applicable to central agencies, organizations, the determination of job positions of local agencies, organizations is also influenced by the following factors:

- Population size, natural area;

- Local economic and social development level;

- Number of district-level administrative units, commune-level administrative units;

- Historical, cultural, social characteristics; political security situation, public order and safety...

2. The influencing factors shall be determined according to Appendix No. 3 attached hereto.

Article 4. Statistics and evaluation of the current status of cadres, civil servants, and employees

The statistics and evaluation of the current status of the cadre, civil servant, and employee workforce within agencies, organizations, and units shall be carried out through the following two reports:

1. Report on the statistics of the current status regarding the quantity and quality of the cadre and civil servant workforce (including those under labor contracts as prescribed by law) at the time of drafting the job position plan within the agency, organization, or unit.

2. Report on the assessment of the current status of the allocation, arrangement, utilization, and level of task completion of the cadre, civil servant, and employee workforce within the agency, organization, or unit. The contents of the report include:

a) Assessment of the adequacy and suitability with requirements and tasks of the civil servant and employee workforce within the agency, organization, or unit.

b) Assessment of the appropriateness or inappropriateness of the allocation, arrangement, utilization, and level of task completion of each civil servant and employee according to the tasks they undertake.

3. The statistics of the current status of the cadre, civil servant, and employee workforce within the agency, organization, or unit shall be conducted according to Form 01/BNV issued together with Circular No. 11/2012/TT-BNV dated December 17, 2012, of the Ministry of Home Affairs on the reporting and statistical system and management of civil servant files.

Article 5. Determination of Job Positions and List of Job Positions for subject, organization, unit under the People's Committee of the commune level Agencies, Organizations, Units

1. Based on the statistics of work, classification of work groups; influencing factors; reports on the statistics and evaluation of the current status of the cadre and civil servant workforce within the agency, organization, or unit, the head of the agency, organization, or unit shall determine job positions and compile them into a list of job positions for the agency, organization, or unit.

2. Each job position determined must be categorized into one of the work groups mentioned in Clause 1 of Article 2 of this Circular, including one or several specific tasks.

3. The list of job positions for the agency, organization, or unit is divided into the following work groups:

a) Job positions belonging to the leadership, management, and administrative work group;

b) Job positions belonging to the specialized, professional, enforcement, and execution work group;

c) Job positions belonging to the support and service work group.

4. The list of job positions for the agency, organization, or unit is compiled from specific job positions and arranged in the following order: leadership and management positions; enforcement and execution positions (implementing specialized and professional tasks); support and service positions. The list of job positions for the agency, organization, or unit is shown in Column 2 of Appendix 4 issued together with this Circular.

5. Forecasting the number of staff required to be allocated to each job position, this forecasted number is influenced and dependent on the working conditions, nature, and characteristics of the work; labor organization of the agency, organization, or unit; workload, quantity of work... This content is reflected in Column 4 of Appendix 4 issued together with this Circular.

Article 6. Job Description for Each Job Position

1. Based on the list of job positions determined in Article 5, the construction of the job description for each job position includes the following contents:

a) Description of the tasks, activities, and time required (if determinable) to complete each task and activity at each job position. For example: receiving files and documents; researching; drafting documents; developing plans, conducting surveys, organizing meetings, exchanging opinions; coordinating;...

b) Results (products) of the job position's work;

c) Working conditions (equipment, management software, means, working environment, scope of operation, work relations).

2. For job positions belonging to the leadership, management, and administrative work group, if they also involve tasks in the enforcement and execution work group, then the description of the enforcement and execution tasks shall be carried out as for job positions associated with specialized and professional tasks within the agency, organization, or unit.

3. The job description for each job position shall be implemented according to Appendix 5 issued together with this Circular.

Article 7. Competency Framework for Each Job Position

1. The competency framework for each job position shall be established to include the competencies and skills required to perform the tasks and activities specified in the job description corresponding to each job position.

2. The competency framework for each job position shall be implemented according to Appendix No. 6 issued together with this Circular.

Article 8. Determination of Civil Servant Rank Corresponding to Job Positions

The determination of the civil servant rank corresponding to job positions shall be carried out concurrently with the process of determining the job position directory and based on the following factors:

1. Specialized field and professional activities;

2. Name of the job position;

3. Job description;

4. Competency framework;

5. Position, scale, scope of operation, and service objects of the agency, organization, or unit;

6. Regulations on the highest civil servant rank used in the agency, organization, or unit.

This content is reflected in Column 3 of Appendix No. 4 issued together with this Circular.

Article 9. Determination of Civil Servant Rank Structure

1. The determination of the civil servant rank structure shall only be conducted for job positions that do not require labor contracts.

2. Based on the projected number of staff positions for each job position and corresponding civil servant ranks, the number of civil servant ranks for each job position shall be determined.

3. The civil servant rank structure of each agency, organization, or unit is the ratio of the number of civil servant ranks corresponding to the entire job position directory.

Chapter II

DEVELOPMENT AND REVIEW OF JOB POSITION PROPOSALS

Article 10. Development of Job Position Proposals

1. Ministries, ministerial-level agencies, agencies under the Government, organizations established by the Government or the Prime Minister which are not public service units (hereinafter referred to collectively as "Ministries"), People's Committees of provinces and centrally-administered cities (hereinafter referred to collectively as "provinces") shall be responsible for directing and organizing the implementation of the development of job position proposals within their managed agencies, organizations, or units, and submitting them to competent authorities as prescribed.

2. Annually, agencies, organizations, or units shall be responsible for reviewing their functions, tasks, powers, organizational structures, and job positions, as well as the civil servant rank structures of approved job position proposals. If there are changes in organization, tasks, quantity, or workload, they shall develop adjustment job position proposals according to the cases stipulated in Article 12 of Decree No. 36/2013/NĐ-CP. If agencies, organizations, or units do not submit adjustment job position proposals to competent authorities as prescribed, the job positions and civil servant rank structures already approved shall remain unchanged.

3. Agencies, organizations, or units shall develop their own job position proposals according to Appendix No. 7 on the proposal model issued together with this Circular.

4. Ministries and provinces shall aggregate the directories of job positions, staffing levels, and civil servant rank structures according to Appendices Nos. 8, 9, and 10 issued together with this Circular.

Article 11. Procedures for Developing and Reviewing Proposals

1. Step 1: Agencies, organizations, or units shall be responsible for developing job position proposals or adjustment job position proposals of their own units and submitting them to the directly superior management authority as prescribed.

2. Step 2: The directly superior management authority shall be responsible for reviewing job position proposals or adjustment job position proposals of subordinate agencies, organizations, or units; aggregating and developing job position proposals or adjustment job position proposals within their own agencies, organizations, or units, and submitting them for signature by the head and forwarding to the directly superior management authority as prescribed.

3. Step 3: Personnel Departments of Ministries and Provincial Departments of Home Affairs shall be responsible for:

a) Assisting Ministries in reviewing job position proposals or adjustment job position proposals of subordinate agencies, organizations, or units; aggregating and developing job position proposals or adjustment job position proposals within their own Ministries, and submitting them in writing to the Ministry of Home Affairs as prescribed.

b) Assisting People's Committees of provinces in reviewing job position proposals or adjustment job position proposals within subordinate agencies, organizations, or units; aggregating and developing job position proposals or adjustment job position proposals within their own provinces, and submitting them in writing to the Ministry of Home Affairs as prescribed.

Article 12. Conditions for Review

Job position proposals or adjustment job position proposals within agencies, organizations, or units can only be reviewed when they have complete files as stipulated in Clause 1 of Article 11 of Decree No. 36/2013/NĐ-CP of the Government, and the agencies, organizations, or units included in the content of the proposals are established in accordance with their respective authorities and legal regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from August 10, 2013.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, heads of organizations established by the Government or the Prime Minister which are not public service units, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally-administered cities, and related agencies, organizations, or individuals shall be responsible for implementing this Circular.

2. In case of difficulties during implementation, please report to the Ministry of Home Affairs for guidance, consideration, and resolution./.