Decree No. 06/2010/ND-CP stipulates persons who are civil servants

Article 1. Scope of Regulation and Applicability

This Decree stipulates persons who are civil servants as provided for in Clause 2, Article 4 and Clause 1, Article 32 of the Law on Cadres and Civil Servants.

Article 2. Basis for identifying civil servants

A civil servant is a Vietnamese citizen recruited and appointed to a rank, position, or title within the establishment, receiving salary from the State budget or guaranteed from the wage fund of public service units in accordance with the provisions of the law, working in agencies, organizations, and units as prescribed in this Decree.

Article 3. Civil servants in agencies of the Communist Party of Vietnam

1. At the Central Level:

a) Persons holding deputy positions, assistant positions, secretary positions of the head, and those working in offices, bureaus, departments, and permanent agencies at Ho Chi Minh City, Da Nang City Offices of the Central Committee, the Central Inspection Commission, and Central Party Committees;

b) Persons holding head positions, deputy positions of the head, and those working in offices, inspection commissions, and departments of Party Committees of mass organizations and overseas Party Committees directly under the Central Committee;

c) Persons working in assistance units of agencies and organizations established by the Politburo, Secretariat, and agencies decided by the Central Committee.

2. At provincial level (hereinafter referred to as provincial level):

a) Persons holding head positions, deputy positions of the head, and those working in offices, inspection commissions, and departments of Provincial Committees, Municipal Committees;

b) Persons holding head positions, deputy positions of the head, and those working in offices, inspection commissions, and departments of Party Committees of mass organizations directly under Provincial Committees, Municipal Committees;

c) Persons working professionally in offices, organizational departments, propaganda departments, inspection commissions of grassroots Party Committees granted authority by superior bodies directly under Provincial Committees, Municipal Committees.

3. At district level (hereinafter referred to as district level):

Persons holding head positions, deputy positions of the head, and those working in offices, inspection commissions, and departments of District Committees, Urban District Committees, Town Committees, and County Committees.

Article 4. Civil servants in the Office of the President, the Office of the National Assembly, the State Audit Agency

Deputy Director of the Office of the President, Deputy Director of the Office of the National Assembly, Deputy Auditor General; persons holding chief positions, deputy positions, and those working in non-public service units.

Article 5. Civil servants in Ministries, agencies equivalent to Ministries, and other organizations established by the Government, Prime Minister

1. Deputy Ministers and persons holding equivalent positions; persons holding chief positions, deputy positions, and those working in offices, departments, inspection agencies, and other non-public service units under Ministries, agencies equivalent to Ministries.

2. Directors-General and equivalents, Deputy Directors-General and equivalents, persons holding chief positions, deputy positions, and those working in offices, departments, inspection agencies under General Departments and equivalents.

3. Directors, Deputy Directors, persons holding chief positions, deputy positions, and those working in offices, divisions, inspection agencies, sub-departments under Departments.

4. Heads, deputies of heads, and those working in organizations established by the Government, Prime Minister that are not public service units.

Article 6. Civil servants in administrative agencies at provincial and district levels

1. At the provincial level:

a) Director, Deputy Director, heads and deputy heads of departments, and those working in the organizational structure of the Office of the National Assembly Delegation and People's Council, and the Office of the People's Committee;

b) Heads and deputy heads of specialized agencies under the People's Committee; heads and deputy heads of organizations that are not public service units within the organizational structure of specialized agencies under the People's Committee;

c) Heads and deputy heads, and those working in organizations that are not public service units within the organizational structure of the Management Board of industrial zones, export processing zones, and economic zones under the People's Committee.

2. At the district level:

a) Director, Deputy Director, and those working in the Office of the People's Council and People's Committee;

b) Chairman, Vice-Chairman of the People's Committee of districts and towns where the People's Council is not organized; Director, Deputy Director, and those working in the office of the People's Committee of districts and towns where the People's Council is not organized;

c) Heads and deputy heads, and those working in specialized agencies under the People's Committee.

Article 7. Civil servants in the People's Court system

1. Deputy President of the Supreme People's Court; President, Deputy President of courts and specialized courts; judges of the Supreme People's Court; court secretaries; those working in offices, divisions, boards, and courts and specialized courts under the Supreme People's Court;

2. President, Deputy President of the Provincial People's Court; President, Deputy President of specialized courts; prosecutors of the Provincial People's Court; court secretaries; those working in offices, departments, boards, and specialized courts under the Provincial People's Court;

3. President, Deputy President of the District People's Court; judges of the District People's Court; court secretaries; those working in the District People's Court.

Article 8. Civil servants in the People's Procuracy system

1. Deputy Procurator of the Supreme People's Procuracy; prosecutors, investigators; those working in offices, divisions, bureaus, boards, and specialized procuracies under the Supreme People's Procuracy;

2. Procurator, Deputy Procurator of the Provincial People's Procuracy; prosecutors, investigators; those working in offices and departments under the Provincial People's Procuracy;

3. Procurator, Deputy Procurator of the District People's Procuracy; prosecutors, investigators, and those working in the District People's Procuracy.

Article 9. Civil servants in agencies of political-social organizations

1. At the Central Level:

a) Director, Deputy Director, Head, Deputy Head, and those working in offices and boards within the central organizational structure of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Vietnam Farmers' Union, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and the Vietnam Veterans Association (hereinafter referred to as political-social organizations);

b) Those working in the assistance department of the committees of political-social organizations.

2. At the provincial level

Director, Deputy Director, Head, Deputy Head, and those working in offices and boards within the organizational structure of political-social organizations and equivalent organizations.

3. At the district level

Those working in agencies of political-social organizations and equivalent organizations.

4. The civil servants specified in Clauses 1, 2, and 3 of this Article do not include those currently receiving monthly pension and social insurance benefits as provided for in the Social Insurance Law.

Article 10. Civil servants in agencies and units of the People's Army and the People's Public Security

Persons working in agencies and units under the People's Army who are not officers, professional soldiers, defense workers; in agencies and units under the People's Public Security who are not officers, professional non-commissioned officers.

Article 11. Civil servants in the leadership and management machinery of public service organizations

1. Public service organizations referred to in this Decree are organizations established and managed by authorized bodies of the Party, state agencies, and political-social organizations in accordance with the law, having legal personality, seals, bank accounts, operating in education, training, healthcare, scientific research, culture, physical education and sports, tourism, labor, social welfare, information and communication, and other public services prescribed by law.

2. Heads and deputies of heads; persons holding positions of chiefs and deputy chiefs of organizational units of public service organizations under the Politburo, Secretariat, Standing Committee of the National Assembly, Government.

3. Heads and deputies of heads of public service organizations funded by the state budget for operational expenses belonging to the Departments and equivalent agencies of the Central Party, Office of the President, Office of the National Assembly, State Audit Agency, Supreme People's Procuracy, Supreme People's Court, central agencies of political-social organizations, Ministries, agencies at ministerial level, agencies under the Government, Prime Minister.

4. Heads of public service organizations funded by the state budget for operational expenses belonging to General Departments, Bureaus, and equivalent units under Ministries, agencies at ministerial level; Provincial Party Committees, Municipal Party Committees; Provincial People's Councils; political-social organizations at provincial level; County Party Committees, District Party Committees, City Party Committees under Provincial Party Committees; specialized agencies under Provincial People's Councils, specialized agencies under County People's Councils.

5. Persons holding job positions tied to state management tasks in public service organizations assigned to perform state management functions.

Article 12. Civil servants subject to rotation

Civil servants are rotated by authorized bodies of the Party and state to hold key positions in political-social occupational organizations, social organizations, social-professional organizations that pay their salaries.

Article 13. Responsibilities of the Ministry of Home Affairs

1. Supervising, guiding, urging, inspecting, and auditing the Ministries, agencies at ministerial level, agencies under the Government, Provincial People's Councils, and related agencies during the process of reviewing, determining, and compiling lists of civil servants as prescribed by this Decree.

2. Cooperating with the Party Central Organization Department, Office of the President, Office of the National Assembly, Supreme People's Court, Supreme People's Procuracy, State Audit Agency to review, determine, and compile lists of civil servants as prescribed by this Decree.

3. Compiling the total number of civil servants under the management authority of the agencies and organizations specified in Clauses 1 and 2 of this Article, submitting to the Government for consideration, reporting to the National Assembly in accordance with the Law on Cadres and Civil Servants.

Article 14. Responsibilities of agencies and organizations

The authorized bodies of the Party, political-social organizations, Office of the President, Office of the National Assembly, State Audit Agency, Supreme People's Court, Supreme People's Procuracy, Ministries, agencies at ministerial level, agencies under the Government, Provincial People's Councils organize reviews, determinations, and compilations of lists of civil servants under their usage and management authority as prescribed in this Decree.

Article 15. Effective Date

This Decree takes effect from March 15, 2010.

Article 16. Responsibility for Implementation

1. Agencies and organizations specified in Article 14 of this Decree are responsible for sending lists and reports on the number of civil servants under their management authority to the Ministry of Home Affairs no later than June 30 each year for monitoring and compilation.

2. Ministers, heads of agencies at ministerial level, heads of agencies under the Government, Chairmen of Provincial People's Councils, municipalities directly under the Central Government, and related agencies are responsible for implementing this Decree./.