Circular No. 07/2009/TT-BNV guiding the transfer of staffing quotas and provincial and district-level civil servants from the Farmers' Social Insurance of Nghe An to the Social Insurance of Nghe An under the management of the Vietnam Social Security.

CIRCULAR

GUIDELINES FOR THE TRANSFER OF STAFFING AND CIVIL SERVANTS OF THE RURAL SOCIAL INSURANCE OF NGHE AN TO THE SOCIAL INSURANCE OF NGHE AN UNDER THE MANAGEMENT OF THE SOCIAL INSURANCE OF VIETNAM

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Decree No. Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
On the basis of Clause 3, Article 6 of Decision No. 41/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister on transferring the Rural Social Insurance of Nghe An to the Voluntary Social Insurance;
The Ministry of Home Affairs guides the transfer of staffing and civil servants at provincial and district levels of the Rural Social Insurance of Nghe An to the Social Insurance of Nghe An under the management of the Social Insurance of Vietnam as follows:

Article 1. Content of Transfer

1. Transfer the staffing quota of the Rural Social Insurance of Nghe An as assigned by the People's Committee of Nghe An Province in its original state.

2. Transfer the civil servants at provincial and district levels recruited and appointed by the People's Committee of Nghe An Province according to regulations into the staffing quota of the Rural Social Insurance of Nghe An (including the salary fund of transferred civil servants as provided for in this clause).

3. Transfer the civil servants at provincial and district levels recruited by the Rural Social Insurance of Nghe An to perform tasks under the self-management mechanism who meet the standards for civil servant positions in the social insurance sector after reaching consensus with the Social Insurance of Vietnam (including the salary fund of transferred civil servants as provided for in this clause).

4. Transfer all related files and documents concerning the staffing quota and transferred civil servants to the Social Insurance of Nghe An under the management of the Social Insurance of Vietnam.

5. The transfer of staffing and civil servants at provincial and district levels of the Rural Social Insurance of Nghe An to the Social Insurance of Nghe An under the management of the Social Insurance of Vietnam as stipulated in this Article must be recorded in a protocol signed and stamped by the People's Committee of Nghe An Province and the Social Insurance of Vietnam. The handover protocol serves as the basis for the Ministry of Home Affairs to decide on the transfer and supplement of staffing quotas for the Social Insurance of Vietnam.

Article 2. Time of Transfer

The time of transferring the staffing and civil servants at provincial and district levels of the Rural Social Insurance of Nghe An to the Social Insurance of Nghe An under the management of the Social Insurance of Vietnam shall be determined by the People's Committee of Nghe An Province and the Social Insurance of Vietnam, but it must be completed within 15 working days from the date this Circular takes effect.

Article 3. Implementation Organization

1. The People's Committee of Nghe An Province is responsible for directing and guiding the Department of Labor, Invalids, and Social Affairs, the Department of Home Affairs, and the Rural Social Insurance of Nghe An to implement the transfer of staffing quotas, civil servants, and all related files and documents of the Rural Social Insurance of Nghe An to the Social Insurance of Nghe An under the management of the Social Insurance of Vietnam according to the following procedures:

a) Determine the staffing quota of the Rural Social Insurance of Nghe An assigned by the People's Committee of Nghe An Province and the number of civil servants at provincial and district levels within the staffing quota present up to the effective date of Decision No. 41/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister.

b) Prepare a list of civil servants within the staffing quota of the Rural Social Insurance of Nghe An assigned by the People's Committee of Nghe An Province; a list of civil servants recruited by the Rural Social Insurance of Nghe An to perform tasks under the self-management mechanism, clearly identifying the educational qualifications and recruitment dates of each individual.

c) Coordinate with the Social Insurance of Vietnam to evaluate and classify civil servants of the Rural Social Insurance of Nghe An:

- Civil servants meeting the standards for civil servant positions in the social insurance sector.

- Civil servants not meeting the standards for civil servant positions in the social insurance sector.

d) Transfer the staffing quota, civil servants, and all related files and documents of the Rural Social Insurance of Nghe An to the Social Insurance of Nghe An under the management of the Social Insurance of Vietnam according to the provisions of Article 1 of this Circular.

đ) Arrange employment or resolve policies according to regulations for civil servants of the Rural Social Insurance of Nghe An who do not meet the standards for civil servant positions in the social insurance sector and are not accepted by the Social Insurance of Vietnam.

e) Coordinate with the Social Insurance of Vietnam to report the results of the transfer to the Ministry of Home Affairs for reporting to the Prime Minister as prescribed.

2. The Social Insurance of Vietnam is responsible for directing and guiding the Social Insurance of Nghe An Province to implement the acceptance, arrangement, and use of civil servants of the Rural Social Insurance of Nghe An after the transfer, and review the classification, rank, salary grade, and allowances (including position allowances if applicable) according to current laws; accept and manage related files and documents according to the guidelines of this Circular.

3. The Ministry of Home Affairs is responsible for supplementing the staffing quota for the Social Insurance of Vietnam after accepting the staffing and civil servants at provincial and district levels of the Rural Social Insurance of Nghe An under the management of the Social Insurance of Vietnam.

Article 4. Effective date

This Circular takes effect 45 days from the date of issuance.

In case of difficulties during the implementation of the transfer, please promptly reflect them to the Ministry of Home Affairs for research and resolution within the scope of authority./.