Circular No. 06/2019/TT-BNV Amending and supplementing certain Articles of Circular No. 11/2012/TT-BNV dated December 17, 2012 of the Minister of Home Affairs on the reporting system for statistical purposes and management of civil servant files

CIRCULAR

AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF THE CIRCULAR NO. 11/2012/TT-BNV DATED DECEMBER 17, 2012 ISSUED BY THE MINISTER OF HOME AFFAIRS ON THE REGIME OF REPORTING, STATISTICAL RECORDING, AND MANAGEMENT OF CIVIL SERVANT FILES

On the basis of Civil Servants and Public Officials Law November 13, 2008;

Decree No. Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants;

Government Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Law on Household Registration;

Decree No. 34/2017/NĐ-CP April 3, 2017 Government Decree stipulating functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs;

At the proposal of the Director of the Civil Servant - Public Official Department, Ministry of Home Affairs;

The Minister of Home Affairs issues this Circular amending and supplementing certain provisions of Circular No. 11/2012/TT-BNV dated December 17, 2012 issued by the Minister of Home Affairs on the regime of reporting, statistical recording, and management of civil servant files (hereinafter referred to as Circular No. 11/2012/TT-BNV).

Article 1. Amending and supplementingClause 2 and Clause 3 of Article 11 on the regime of supplementing and correcting data in civil servant files

1. Amend and supplement Clause 2 of Article 11 as follows:

"2. In case of establishing new civil servant files when the existing files are damaged or lost, the following procedures shall be implemented:

a) Within thirty days from the date of discovering the damage or loss of the file, the agency using the civil servant shall guide the civil servant to declare and complete the file components according to the provisions of Clause 1 and Clause 2 of Article 9 of this Circular.

b) After the civil servant has declared and completed the file, the agency using the civil servant shall check the information in the file components. If the information in the file components is consistent, the head of the agency using the civil servant shall confirm and bear responsibility for the information in the civil servant's file and report to the agency managing civil servants for consideration and decision.

c) In case the information in the file components is inconsistent after the civil servant has declared and completed the file, the agency using the civil servant shall issue a decision to conduct verification and investigation, then report the conclusion of the verification and investigation to the agency managing civil servants for unification of the file information in writing. The verification and investigation shall be conducted as follows:

Content of verification and investigation: directly verify and investigate the actual file components at the competent authorities issuing the files, household registration papers (original files), party member history files (original files). In case the information in the civil servant's file components does not match the household registration papers, the verification and investigation team shall request the agency using the civil servant to send a letter to the judicial authority at provincial level or higher to verify and investigate and request the judicial authority to notify the results of the verification and investigation in writing to the agency using the civil servant regarding the legal value of the household registration papers; in case the information in the civil servant's file components does not match the party member history files, the verification and investigation team shall request the authority with jurisdiction over the management of party member history files to verify and investigate and notify the results to the agency using the civil servant. In case the diplomas and certificates are issued by foreign organizations, units outside the territory of Vietnam, the verification and investigation team shall report the agency using the civil servant to send a letter to the organization, unit with jurisdiction over the management of diplomas and certificates of the Ministry of Education and Training to verify and investigate.

The time to start verification and investigation shall be counted from the effective date of the Decision on verification and investigation of the agency using the civil servant. The end time of verification and investigation shall be ninety days from the start of verification and investigation; in case of force majeure, the agency using the civil servant may extend the time in writing; the extension period shall not exceed thirty working days from the effective date of the extension document. If the verification and investigation cannot conclude within the specified time, the agency using the civil servant shall report to the head of the agency managing civil servants for consideration and decision.

Members of the verification and investigation team include: the team leader and members appointed by the head of the agency using the civil servant. The team leader is responsible for assigning specific tasks to the members of the team; each member of the verification and investigation team bears individual responsibility for their inspection and investigation opinions. The activities of the verification and investigation team must ensure objectivity, transparency, and honesty; the minutes of the conclusion of the verification and investigation shall be reported by the team leader to the agency using the civil servant within five working days from the end of the verification and investigation (by the minutes of the conclusion of the verification and investigation) and bear responsibility for the conclusions of the verification and investigation.

Responsibility for verification and investigation: agencies, organizations, units, and individuals related to the content of verification and investigation shall provide full information as required by the verification and investigation team; if agencies, organizations, units, and individuals related to the content of verification and investigation falsify or forge files or certify and issue documents to persons who do not meet the conditions, they shall be disciplined according to the Law on Cadres and Civil Servants and current laws.

2. Amend and supplement Clause 3 of Article 11 as follows:

"3. In case of correcting information in the civil servant's file, the agency using the civil servant shall implement it and report to the head of the agency managing civil servants for consideration and decision. The agency using the civil servant must conduct verification and investigation of the corrected information in the civil servant's file as stipulated in Point c of Clause 2 of this Article. The correction of information in the civil servant's file shall be carried out as follows:

a) In case the file components (civil servant's personnel record book, birth certificate, social insurance book, diplomas, certificates) are inconsistent, the original birth certificate shall be used as the basis to complete and supplement other file components according to this birth certificate; in case there is no birth certificate in the civil servant's file, the civil servant's personnel record book established when the civil servant was first recruited into a state agency, organization, or unit shall be used as the basis for unification.

b) The correction of information in the civil servant's file must be decided in writing by the head of the agency managing civil servants after receiving the minutes of the conclusion of the verification and investigation of the agency using the civil servant.

c) Not to amend, adjust the date of birth in the file for civil servants who are members of the Communist Party of Vietnam where the date of birth (age) of the civil servant is uniformly determined according to the age declared in the party member's history file (original file) at the time of joining the Party.

Article 2. Amend and supplementPoint b Clause 3 Article 18 on the authority and responsibility of the head of the civil service management agency

“b) Organize for civil servants to declare, decide on establishing new, amending information data in the civil servant file in writing so that the civil servant completes the file in accordance with the provisions of this Circular, after the using agency has concluded the inspection and verification.”

Article 3. Implementation Provisions

This Circular takes effect from July 15, 2019.

Repeal the provisions of Clause 4, Clause 5 and Clause 6 Article 11 of Circular No. 11/2012/TT-BNV.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations, relevant agencies, organizations, units and individuals are responsible for implementing this Circular./.