Circular No. 07/2010/TT-BNV guiding the implementation of certain provisions stipulated in Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government on civil servant establishment planning management.

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF THE GOVERNMENT DECREE NO. 21/2010/NĐ-CP OF MARCH 8, 2010 ON THE MANAGEMENT OF CIVIL SERVICE STAFFING

Pursuant to Government Decree No. 21/2010/NĐ-CP dated March 8, 2010 on the management of civil service staffing;
Pursuant to Government Decree No. 48/2008/NĐ-CP dated April 17, 2008 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
The Ministry of Home Affairs issues guidelines for implementing certain provisions of Government Decree No. 21/2010/NĐ-CP dated March 8, 2010 on the management of civil service staffing, including: annual civil service staffing plans; reports on the results of using the allocated civil service staffing of the previous year; statistical and reporting systems on the implementation of civil service staffing management; forms for annual civil service staffing plansand annual statistical forms, summarizing current civil service staffing data as follows:

Article 1. Annual Civil Service Staffing Plan

Central and local agencies, organizations, and public service units specified in Articles 2 and 6 of Government Decree No. 21/2010/NĐ-CP dated March 8, 2010 on the management of civil service staffing shall be responsible for preparing annual civil service staffing plans as follows:

1. Procedure

The annual civil service staffing plan is prepared according to the procedure from lower to higher levels within each level of civil service staffing management, specifically:

Step 1: Agencies, organizations, and public service units with legal personality, seals, and bank accounts shall prepare the annual civil service staffing plan and submit it to their immediate superior administrative body as prescribed;

Step 2: Organizations entrusted with the task of managing organizational structures and staffing of the immediate superior administrative body shall review the annual civil service staffing plans of the agencies, organizations, and public service units under their jurisdiction; prepare the annual civil service staffing plan of their own agency, organization, or unit, have it signed by the head, and submit it to the immediate superior administrative body as prescribed;

Step 3: The Department of Cadre and Civil Servant Organization, the Cadre and Civil Servant Organization Board of the agencies, organizations, and units specified in Clause 1, 3, 4, 5, 6, 7, 8, and 9 of Article 2 of Government Decree No. 21/2010/NĐ-CP dated March 8, 2010, and the Provincial Department of Home Affairs shall be responsible for:

a) Reviewing the annual civil service staffing plans of the agencies, organizations, and public service units under their jurisdiction;

b) For agencies, organizations, and units specified in Clause 1 and 2 of Article 2 of Government Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government, prepare the annual civil service staffing plan of their own agency, organization, or unit, have it signed by the head, and submit the staffing plan file to the Ministry of Home Affairs as prescribed.

For agencies, organizations, and units specified in Clause 3, 4, 5, 6, 7, 8, and 9 of Article 2 of Government Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government, prepare the annual civil service staffing plan of their own agency, organization, or unit, have it signed by the head, and submit the staffing plan file to the competent authority for decision-making and send it to the Ministry of Home Affairs for consolidation as prescribed.

2. Forms for preparing the annual civil service staffing plan shall be implemented in accordance with the provisions of Article 4 and Article 5 of this Circular.

3. Documents to be attached to the annual civil service staffing plan include:

a) Decision of the competent authority approving the establishment project of the organization or decision on the establishment, merger, or consolidation of the organization (for newly established or upgraded or converted organizations);

b) Decision of the competent authority regarding the division, adjustment of provincial or district administrative boundaries;

c) Decision of the competent authority regarding the definition or adjustment of the functions, tasks, powers, and organizational structure of the agencies, organizations, and public service units;

d) Determination of job positions based on the functions, tasks, powers, and organizational structure of the agencies, organizations, and public service units.

4. Conditions, contents, and procedures for reviewing the annual civil service staffing plan

a) Regarding conditions

The annual civil service staffing plan file of the agencies, organizations, and public service units must be complete and submitted within the prescribed time limit.

The agencies, organizations, and public service units must be established in accordance with the prescribed authority under the law.

b) Regarding content

The review of the annual civil service staffing plan shall be carried out in accordance with the content stipulated in Article 4 and Article 8 of Government Decree No. 21/2010/NĐ-CP dated March 8, 2010 on the management of civil service staffing and the guidance provided in this Circular.

c) Regarding procedures

Step 1: Review the annual civil service staffing plan file according to the regulations;

Step 2: Review the content of the annual civil service staffing plan according to the regulations;

Step 3: Summarize and submit to the head of the agency, organization, or unit for consideration and decision.

Article 2. Report on the results of using the assigned civil servant quota for the immediately preceding year

The preparation of the report on the results of using the assigned civil servant quota for the immediately preceding year, along with statistical forms and consolidated data on the current civil servant quota of agencies, organizations, and public service units as stipulated in Clause 1, Article 8 of Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government on civil servant quota management shall be carried out as follows:

1. Agencies, organizations, and public service units with legal personality, seals, and bank accounts shall be responsible for reporting the results of using the assigned civil servant quota for the immediately preceding year, along with statistical forms and consolidated data on the current civil servant quota to the superior administrative agency for consolidation in accordance with regulations.

2. Organizations entrusted with the task of managing organizational structure and quotas by the superior administrative agency shall be responsible for consolidating and preparing reports on the results of using the assigned civil servant quota for the immediately preceding year, along with statistical forms and consolidated data on the current civil servant quota of their own agencies, organizations, and units, to be signed by the head and submitted to the superior administrative agency in accordance with regulations.

3. The Cadre and Civil Servant Organization Departments, Cadre and Civil Servant Management Boards, and Department of Home Affairs of the agencies, organizations, and units specified in Clauses 1 and 2 of Article 2 of Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government shall be responsible for consolidating and reporting the results of using the assigned civil servant quota for the immediately preceding year, along with statistical forms and consolidated data on the current civil servant quota of their own agencies, organizations, and units, to be signed and sent in a document to the Ministry of Home Affairs in accordance with regulations.

For agencies, organizations, and units specified in Clauses 3, 4, 5, 6, 7, 8, and 9 of Article 2 of Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government, they shall be responsible for consolidating and reporting the results of using the assigned civil servant quota for the immediately preceding year, along with statistical forms and consolidated data on the current civil servant quota of their own agencies, organizations, and units, to be signed and sent in a document to the competent authority deciding the civil servant quota and sent to the Ministry of Home Affairs for overall consolidation in accordance with regulations.

3. Statistical forms and consolidated data on the current civil servant quota shall be implemented in accordance with Article 5 of this Circular.

Article 3. Statistical and Reporting System on the Implementation of Civil Servant Quota Management

The implementation of the statistical and reporting system on the implementation of civil servant quota management as stipulated in Clause 3, Article 13, and Clause 3, Article 17 of Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government on civil servant quota management shall be carried out as follows:

1. Regarding Regular Statistical and Reporting System

a) Annual civil servant quota plan report; accompanied by annual civil servant quota plan forms, implemented in accordance with Article 4 of this Circular;

b) Report on the results of using the assigned civil servant quota for the immediately preceding year; accompanied by statistical forms and consolidated data on the current civil servant quota, implemented in accordance with Article 5 of this Circular.

By no later than July 20 of the immediately preceding year, agencies, organizations, and units specified in Clauses 1 and 2 of Article 2 of Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government shall send the annual civil servant quota plan report and the report on the results of using the assigned civil servant quota for the immediately preceding year, along with annual civil servant quota plan forms and statistical forms and consolidated data on the current civil servant quota to the Ministry of Home Affairs; agencies, organizations, and units specified in Clauses 3, 4, 5, 6, 7, 8, and 9 of Article 2 of Decree No. 21/2010/NĐ-CP dated March 8, 2010 of the Government shall send to the competent authority deciding the civil servant quota and send to the Ministry of Home Affairs for overall consolidation on civil servant quota in accordance with regulations.

After July 20 of the immediately preceding year, if agencies, organizations, and units do not submit the annual civil servant quota plan report and the report on the results of using the assigned civil servant quota for the immediately preceding year, along with annual civil servant quota plan forms and statistical forms and consolidated data on the current civil servant quota as stipulated in point a and b of Clause 1 of this Article, then the assigned civil servant quota shall remain stable. For the year 2010, it shall be no later than September 30, 2010.

2. Regarding Ad hoc Reports

In addition to the regular statistical and reporting system on the implementation of civil servant quota management as stipulated in Clause 1 of Article 3 of this Law, agencies, organizations, and units shall be responsible for ad hoc statistics, consolidation, and reporting on the implementation of civil servant quota management according to the requirements of the competent authority on civil servant quota management. The specific contents and deadlines for the report shall be determined by the competent authority on civil servant quota management.

Article 4. Forms for annual civil servant staffing plans

There are two types of forms for annual civil servant staffing plans according to different organizational structures:

1. Form 1A and Form 1B: for annual civil servant staffing plans in administrative agencies and organizations. Central agencies, organizations, and units shall implement Form 1A, while localities shall implement Form 1B.

2. Form 2A and Form 2B: for annual civil servant staffing plans in public service units. Central agencies, organizations, and units shall implement Form 2A, while localities shall implement Form 2B.

Article 5. Forms for statistical and consolidated data on current civil servant staffing

There are two types of forms for statistical and consolidated data on current civil servant staffing according to different organizational structures:

1. Form 3A and Form 3B: for statistical and consolidated data on current civil servant staffing in administrative agencies and organizations. Central agencies, organizations, and units shall implement Form 3A, while localities shall implement Form 3B.

2. Form 4A and Form 4B: for statistical and consolidated data on current civil servant staffing in public service units. Central agencies, organizations, and units shall implement Form 4A, while localities shall implement Form 4B.

Article 6. Effectiveness

This Circular takes effect from September 15, 2010.

The provisions regarding civil servant staffing set forth in Circular No. 89/2003/TT-BNV dated December 24, 2003 of the Ministry of Home Affairs guiding the implementation of decentralization in managing administrative and public service state staffing are hereby abolished.

Article 7. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government-affiliated agencies, leaders of other central administrative organizations established by the Government and the Prime Minister, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally-administered cities, relevant agencies, organizations, and individuals are responsible for implementing this Circular.

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