Decision No. 05/2014/QD-TTg On the Public Disclosure of Regulations and Policies Related to Means, Working Conditions, and Incentive Systems for Cadres, Civil Servants, and Public Officials by the Party and State

 

Pursuant to …;

Regarding the public disclosure of regulations and policies related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials

working conditions, remuneration policies of the Party and State

for civil servants and public officials

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Thrift and Combating Wastefulness dated November 29, 2005;

Pursuant to the Law on Prevention and Combating Corruption dated November 29, 2005 (amended in 2007 and 2012);

Pursuant to the Law on Enactment of Legal Documents No. 17/2008/QH12 dated June 3, 2008;

Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

Pursuant to the Law on Cadres and Civil Servants No. 22/2008/QH12 dated November 13, 2008;

Pursuant to the Civil Servant Law No. 58/2010/QH12 dated November 15, 2010;

Pursuant to the Law on Popularizing and Promoting Legal Education No. 14/2012/QH13 dated June 20, 2012;

At the proposal of the Minister of Finance;

The Prime Minister issues this decision regarding the public disclosure of regulations and policies related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials,

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. Scope of application:

a) Party agencies, state agencies, ministries, sectors, localities authorized by competent authorities to build and issue regulations and policies related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials.

Regulations and policies during the drafting process to be submitted to competent authorities for approval and regulations and policies already issued related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials (excluding those classified as state secrets).

b) Heads of Party of Vietnam Communist Party agencies, state agencies, public service units, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations (hereinafter referred to collectively as agencies, units, organizations), state-owned enterprises shall publicly disclose the implementation of regulations and policies related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials under their management.

2. Scope of Public Disclosure:

a) Regulations and policies (during the drafting process for submission to competent authorities for approval; regulations and policies already issued) related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials.

b) Implementation of regulations and policies related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials.

Article 2. Principles of Publicizing

1. Provide complete, timely, and accurate information about regulations and policies and their implementation related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials;

2. Public disclosure must ensure the people's right to know and participate in providing opinions to supervise the implementation of regulations and policies through the forms of public disclosure specified in Article 3 of this Decision.

Article 3. Forms of Public Disclosure

1. The public disclosure of regulations and policies related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials under this Decision shall be carried out through the following forms:

a) Announcing at annual meetings of agencies, units, and organizations;

b) Publishing in printed materials;

c) Posting publicly at the workplaces of agencies, units, and organizations, residential areas;

d) Notifying in writing to relevant agencies, units, organizations, and individuals;

đ) Uploading to websites;

e) Announcing through mass media, loudspeakers, the Internet, posters, billboards, propaganda paintings;

g) Other forms of public disclosure.

2. Based on the content, purpose, and timing of the public disclosure of regulations and policies and their implementation related to means of transportation, working conditions, and benefits for cadres, civil servants, and public officials; Ministers, Heads of Ministries equivalent to Ministries, agencies under the Government, central organizations (hereinafter referred to collectively as Ministries, central agencies) and Chairmen of Provincial People's Committees shall decide on the forms of public disclosure for the contents to be disclosed according to Articles 4 and 5 for agencies, units, and organizations within their jurisdiction and the people, ensuring effectiveness and economy.

Chapter II

CONTENTS OF PUBLIC DISCLOSURE OF REGULATIONS AND POLICIES

Article 4. Content for Public Disclosure

Ministries, central agencies, and People's Committees at all levels shall disclose regulations and policies established and promulgated within their authority related to the following contents:

1. Standards, quotas, and management and usage regimes for transportation means in state agencies, public service units, and state-owned enterprises;

2. Standards, quotas for equipment and working tools of state agencies and civil servants, officials;

3. Standards, quotas for using office premises in state agencies and public service units;

4. Standards, quotas for using office premises in state agencies located in communes, wards, towns;

5. Usage regimes for labor, severance pay, unemployment benefits, training, retraining, professional skill enhancement, salary, bonuses, salary deductions, social insurance, unemployment insurance, and health insurance for workers;

6. Other incentive regimes and policies for civil servants, officials (excluding those regimes and policies listed in the State Secrets Directory);

Article 5. Implementation of Public Disclosure

1. Disclose the process of establishing regulations and policies related to the contents stipulated in Article 4 of this Decision.

a) Ministries, central agencies, and People's Committees at all levels shall disclose draft content and seek contributions from ministries, sectors, localities, and the public according to the law.

b) The disclosure time shall be immediately after the draft policy or regulation content has been approved by the competent authority to solicit opinions from ministries, sectors, localities, and the public.

2. Disclose the content of regulations and policies issued by the competent authority related to the contents stipulated in Article 4 of this Decision.

a) Ministries, central agencies, and People's Committees at all levels shall disclose the content of regulations and policies that have been issued by the competent authority.

b) The disclosure time shall be immediately after the regulations and policies come into effect.

3. Disclose the implementation of regulations and policies related to the contents stipulated in Article 4 of this Decision.

a) Heads of agencies, units, organizations, and state-owned enterprises shall disclose the implementation of regulations and policies related to the contents stipulated in Article 4 of this Decision.

b) The disclosure time shall be carried out according to the Law on Enacting Legal Documents and financial transparency regulations of agencies, units, organizations, and state-owned enterprises.

Chapter III

SUPERVISION OF PUBLIC DISCLOSURE IMPLEMENTATION

Article 6. Content of Surveillance

1. Supervise the disclosure of regulations and policies related to working conditions, incentives provided by the Party and the State for civil servants, officials in agencies, units, and organizations as stipulated in Article 4 of this Decision.

2. Supervise the implementation of regulations and policies related to working conditions, incentives provided by the Party and the State for civil servants, officials in agencies, units, and organizations as stipulated in Article 4 of this Decision.

Article 7. Implementation of Supervision

1. Implement supervision through the activities of the People's Inspection Board or units assigned inspection tasks in agencies, units, and organizations.

The procedures and processes of the People's Inspection Board's activities shall be carried out according to the law.

2. Directly implement supervision through the right to make recommendations, complaints, and denunciations to competent agencies, units, and organizations or through the Vietnam Fatherland Front, affiliated organizations at the commune level, and the People's Inspection Board.

The procedures and processes for complaints, denunciations, and recommendations by the public shall be carried out according to the law.

Responsibilities of agencies, units, organizations, and individuals in implementing public supervision. Within their respective duties and powers, agencies, units, organizations, and individuals shall have the following responsibilities:

a) Provide complete and timely information to the People's Inspection Board;

b) State agencies, units, organizations, state-owned enterprises, and individuals have the responsibility to respond to inquiries from agencies, units, organizations, and individuals receiving information;

c) Inquiries and responses to inquiries shall be conducted according to the grassroots public disclosure and democratic regulations; complaint and denunciation laws, and other relevant laws.

Chapter IV
IMPLEMENTATION

Article 8. Handling Violations

If agencies, units, organizations, state-owned enterprises, and individuals fail to comply with the provisions on publicizing systems and policies and implementing such systems and policies related to working conditions and benefits for cadres, civil servants, and public officials as stipulated in this Decision, the heads of agencies and units and relevant individuals will be subject to disciplinary action or criminal liability, depending on the nature and severity of the violation, in accordance with the law.

Article 9. Responsibility for implementation

1. The Ministry of Finance shall be responsible for: Taking the lead and coordinating with relevant ministries and sectors to guide and inspect the publicizing of systems and policies and the implementation of such systems and policies related to working conditions and benefits for cadres, civil servants, and public officials within the management scope of central ministries and agencies and localities.

2. Ministries, central agencies, and People's Committees at all levels shall be responsible for regularly inspecting the publicizing of systems and policies and the implementation of such systems and policies related to working conditions and benefits for cadres, civil servants, and public officials within their management scope.

3. At all levels, the Vietnam Fatherland Front Committees, political-social organizations, mass organizations within agencies and units, and the people shall participate in supervising the publicizing of systems and policies and the implementation of such systems and policies related to working conditions and benefits for cadres, civil servants, and public officials in accordance with the provisions of this Decision.

Article 10. Effective Date

1. This Decision shall take effect from March 20, 2014.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees, and Heads of relevant agencies, organizations, and units shall be responsible for implementing this Decision./.