Circular No. 08/2011/TT-BNV guiding certain provisions of Government Decree No. 06/2010/NĐ-CP dated January 25, 2010 on those who are civil servants.

CIRCULAR

Guidelines for some provisions of Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government on persons who are civil servants

of the Government stipulating persons who are civil servants

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Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

This Circular takes effect from August 8, 2014.

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

After reaching consensus with the Party's Organization Committee, the Ministry of Home Affairs provides guidelines for some provisions of Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government stipulating persons who are civil servants (hereinafter referred to as Decree No. 06/2010/NĐ-CP) as follows:

Article 1. Guidelines on determining civil servants

1. Determining civil servants must be based on the provisions of Article 2 of Decree No. 06/2010/NĐ-CP.

2. Persons who meet all criteria to be determined as civil servants as stipulated in Article 2 of Decree No. 06/2010/NĐ-CP and concurrently hold certain positions or posts elected (non-professional) in accordance with the law or the charter of political organizations or political-social organizations shall be determined as civil servants.

3. Persons currently working in full-time positions in the Communist Party, Trade Union, Youth League at state agencies, within the civil service establishment, receiving salary from the State budget, and appointed to a rank shall be determined as civil servants.

4. Officers, professional military personnel, defense workers in the Vietnam People's Army and officers, non-commissioned officers in the Vietnam People's Public Security who are seconded to work in full-time positions in political organizations, political-social organizations, and state agencies shall not be considered civil servants.

5. Persons currently working in positions defined by law as civil servants in public institutions but have not been recruited (implementing labor contracts) shall not be determined as civil servants.

Article 2. Guidelines on civil servants in organizations established by the Government and the Prime Minister that are not public institutions (hereinafter referred to as organizations established by the Government and the Prime Minister) stipulated in Clause 4, Article 5 of Decree No. 06/2010/NĐ-CP

1. Organizations established by the Government and the Prime Minister for inter-ministerial coordination or guidance at central and local levels, allocated civil service establishments, provided operational funding from the State budget, having seals and separate bank accounts, their civil servants include the head, deputy heads of the head, and those working in constituent organizations (which are not public institutions). Examples include the Central Office against Corruption, Provincial Offices against Corruption.

2. In cases where organizations established by the Government and the Prime Minister operate exclusively and their constituent organizations include public institutions funded by the State budget, such as information centers, training centers, magazines of the Financial Supervisory Commission, the Office against Corruption... then the heads of these public institutions shall be determined as civil servants.

3. In cases where organizations established by the Government and the Prime Minister have members participating in activities on a part-time basis, such as the National Committee for Women's Advancement, the National Youth Committee, the Mekong River Commission, the National Traffic Safety Committee... then civil servants shall be determined as follows:

a) If these organizations have supporting staff (excluding public institutions) allocated by competent authorities, provided operational funding, having seals and separate bank accounts, then civil servants in the supporting staff shall be determined according to the provisions of Article 2 of Decree No. 06/2010/NĐ-CP.

b) If these organizations have subordinate public institutions, then there will be no civil servants in the leadership and management bodies of these public institutions.

Article 3. The guidance on civil servants in the leadership and management structure of public service units under the Politburo, Secretariat, Standing Committee of the National Assembly, and Government is provided for in Clause 2, Article 11 of Decree No. 06/2010/NĐ-CP.

The organization of public service units referred to in Clause 2, Article 11 of Decree No. 06/2010/NĐ-CP that have civil servants in positions of heads and deputies in its constituent organizations must be stipulated in the documents of the Politburo, Secretariat, Standing Committee of the National Assembly, and Government defining the functions, tasks, and organizational structure of public service units. Other organizations established by these public service units according to the provisions of the law shall not have civil servants.

Article 4. The guidance on public service units provided for in Clause 3 and Clause 4, Article 11 of Decree No. 06/2010/NĐ-CP.

1. Public service units funded by the state budget for their operations as specified in Clause 3 and Clause 4, Article 11 of Decree No. 06/2010/NĐ-CP include:

a) Public service units fully funded by the state budget for their operations.

b) Public service units partially funded by the state budget for their operations.

2. Public service units specified in Clause 4, Article 11 of Decree No. 06/2010/NĐ-CP are public service units under the following agencies and organizations:

a) General Departments, Bureaus, and equivalent bodies directly under Ministries, ministerial-level agencies, and Central Party Committees' Party Mass Organizations;

b) Provincial Party Committees, Municipal Party Committees, Provincial People's Councils, District People's Councils, provincial-level political-social organizations;

c) County Party Committees, District Party Committees, City Party Committees, Municipal Party Committees under Provincial Party Committees;

d) Specialized agencies (Departments, Inspections, Offices) under Provincial People's Councils; offices and some departments under Provincial Party Committees, Municipal Party Committees;

e) Specialized agencies under District People's Councils.

3. In cases where public service units specified in Clause 3 and Clause 4, Article 11 of Decree No. 06/2010/NĐ-CP have subordinate public service organizations, such subordinate public service organizations shall not have civil servants.

Article 5. Guidance on civil servants in public service units assigned to perform state administrative management tasks as provided for in Clause 5, Article 11 of Decree No. 06/2010/NĐ-CP.

1. Public service units assigned by competent state authorities to perform one or more state administrative management tasks and allocated civil servant quotas annually, those recruited according to the civil servant quota to be placed in job positions and perform tasks within the scope of state administrative management duties shall be considered civil servants.

2. The assignment of state administrative management tasks to public service units must be determined by normative legal documents of the competent authority.

Article 6. Guidance on the situation where civil servants are transferred to hold key positions in political-social occupational associations, social organizations, and occupational social organizations as provided for in Article 12 of Decree No. 06/2010/NĐ-CP.

1. Political-social occupational associations, social organizations, and occupational social organizations as provided for in Article 12 of Decree No. 06/2010/NĐ-CP include special nature associations as defined in Decree No. 45/2010/NĐ-CP dated April 21, 2010 of the Government on the organization, operation, and management of associations and Decision No. 68/2010/QĐ-TTg dated November 1, 2010 of the Prime Minister on the definition of special nature associations.

2. Key positions in political-social occupational associations, social organizations, and occupational social organizations as provided for in Article 12 of Decree No. 06/2010/NĐ-CP include the full-time Chairperson, full-time Vice-Chairperson, and General Secretary of political-social occupational associations, social organizations, and occupational social organizations at the central level and provincial level.

3. Civil servants transferred to hold key positions in political-social occupational associations, social organizations, and occupational social organizations shall still be considered civil servants.

Article 7. Guidelines on the cases where individuals are assigned to head public service units or manage public service units or organizational components of public service units

1. For public service units that only have the head defined as a civil servant, those individuals assigned to head the unit or manage the unit are not yet determined to be civil servants, except in cases where they are civil servants from other agencies transferred over.

2. For public service units where the head, deputy head of the head, chief, and deputy chief of organizational components of public service units are defined as civil servants:

a) In cases where the deputy head of the head, chief, deputy chief of organizational components, or civil servants from other agencies are transferred over and assigned to head the unit, manage the unit, or organizational components, they are determined to be civil servants.

b) In cases where staff members at the public service unit or other public service units are transferred over and assigned to head the unit, manage the unit, or organizational components, they are not yet determined to be civil servants.

Article 8. Responsibility for reviewing and determining individuals as civil servants

The Party’s competent authority, 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 equivalent to ministries, government agencies, Central Steering Committee for Anti-Corruption Office, organizations established by the Government and Prime Minister, and provincial People's Committees are responsible for promptly directing the review and determination of individuals as civil servants within their managed agencies, organizations, and units, and compiling lists (in accordance with Model 1 and Model 2 issued together with this Circular) to be sent to the Ministry of Home Affairs before October 30, 2011 for consolidation and reporting to the Government and Prime Minister.

Article 9. System of Reporting and Statistics on Civil Servants

1. Starting from 2012, the competent authority managing civil servants is responsible for updating the number of civil servants increased or decreased and compiling a Report on the Statistics of Increased or Decreased Number of Civil Servants (in accordance with Model 3 and Model 4 issued together with this Circular) to be sent to the Ministry of Home Affairs before June 30 each year.

2. Based on the Reports from the competent authorities managing civil servants, the Ministry of Home Affairs is responsible for consolidating and reporting to the Central Committee of the Communist Party, Standing Committee of the National Assembly, Government, and Prime Minister.

Article 10. Effective Date

This Circular takes effect from July 20, 2011.

Article 11. Responsibility for Implementation

1. The Minister, Head of an agency equivalent to a ministry, Head of a government agency, heads of organizations established by the Government and Prime Minister, Chairpersons of provincial People's Committees directly under the central government, and related agencies, organizations, and units are responsible for implementing this Circular.

2. Any difficulties encountered during implementation should be reported in writing to the Ministry of Home Affairs for guidance and resolution./.