Circular No. 09/2012/TT-BNV stipulates the procedures and contents of inspections regarding recruitment, employment, and management of civil servants and public officials.

This Circular stipulates the procedures and contents of inspections regarding recruitment, employment, and management of civil servants and public officials, applicable to the Inspector General of the Ministry of Home Affairs, the Director of the Department of Home Affairs, the Inspector General of the Provincial Departments of Home Affairs; the Head of Inspection Teams, members of Inspection Teams in the field of recruitment, employment, and management of civil servants and public officials; inspected entities and Heads of agencies and units and related individuals.

文号09/2012/TT-BNV
文件类型Circular
发布机关Ministry of Home Affairs
签署人Văn Tất Thu — Thứ trưởng
更新25/06/2026
行业Home Affairs
领域Public EmployeesCivil Servants
发布日期10/12/2012
生效日期01/02/2013
失效日期01/03/2026
状态Expired
✦ 智能摘要

This Circular stipulates the procedures and contents of inspections regarding recruitment, employment, and management of civil servants and public officials, applicable to the Inspector General of the Ministry of Home Affairs, the Director of the Department of Home Affairs, the Inspector General of the Provincial Departments of Home Affairs; the Head of Inspection Teams, members of Inspection Teams in the field of recruitment, employment, and management of civil servants and public officials; inspected entities and Heads of agencies and units and related individuals.

适用范围

The Inspector General of the Ministry of Home Affairs, the Director of the Department of Home Affairs, the Inspector General of the Provincial Departments of Home Affairs; the Head of Inspection Teams, members of Inspection Teams in the field of recruitment, employment, and management of civil servants and public officials; inspected entities and Heads of agencies and units and related individuals.

要点

  • The Inspector General of the Ministry of Home Affairs, the Director of the Department of Home Affairs, the Inspector General of the Provincial Departments of Home Affairs decides on inspections and assigns tasks to Inspection Teams (Article 3-4).
  • The Head of Inspection Teams is responsible for drafting the plan to conduct the inspection, submitting it for approval by the person who issued the inspection decision (Article 5).
  • The Head of Inspection Teams announces the inspection decision and implements according to the approved plan (Article 7-8).
  • The Head of Inspection Teams is responsible for reporting the results of the inspection, proposing measures to handle the situation, and recommending amendments and supplements to legal regulations (Article 14-15).
  • Inspections regarding recruitment, employment, and management of civil servants and public officials include many aspects such as recruitment, job assignment, training, commendation, disciplinary action, retirement, competition, and commendation (Article 19-46).

🌐 本文件的社会影响

  • Positive impacts include ensuring transparency and compliance with laws in recruitment, employment, and management of civil servants and public officials. This helps improve the efficiency of state agencies' operations.
  • Negative impacts may be burdensome in terms of time and resources for agencies and units required to implement inspections as prescribed.

❓ 常见问题

When can the Head of Inspection Teams change the members of the Inspection Team?

If the Head of Inspection Teams proposes to change the members of the Inspection Team, they must provide clear reasons, and within two working days from receiving the request document from the person issuing the inspection decision, the Head of Inspection Teams must review and sign to issue (Article 10).

How long can the inspection period be extended?

Five working days before the expiration date of the inspection as stipulated in the issued inspection decision, the Head of Inspection Teams must submit a document requesting an extension of the inspection period to the person issuing the inspection decision. The extension period shall be implemented in accordance with Article 16 of Decree No. 07/2012/NĐ-CP (Article 11).

What responsibilities does the Head of Inspection Teams have in establishing the Inspection Team's logbook?

The Head of Inspection Teams is responsible for recording the daily logbook and signing to confirm the recorded content. The Head of Inspection Teams may delegate this task to members of the Inspection Teams (Article 12).

How is the inspection conclusion announced?

The person issuing the inspection decision or the Head of Inspection Teams reads the full text of the inspection conclusion, clearly stating the responsibility of agencies, units, and individuals in implementing the inspection conclusion and other recommendations (Article 16).

How is the commendation of civil servants regulated?

The procedures, formalities, files for commendation proposals; decisions on commendations, authority to decide on commendations for civil servants are stipulated in the Law on Competition and Commendation and Decree No. 42/2010/NĐ-CP (Article 30).

全文

MINISTRY OF HOME AFFAIRS

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 09/2012/TT-BNV
Hanoi, December 10, 2012

CIRCULAR

Regulations on inspection procedures and contents

regarding recruitment, utilization and management of civil servants and public officials

___________________

Pursuant to the Civil Servants Law dated November 13, 2008 and guiding documents therefor;

Pursuant to the Public Officials Law dated November 15, 2010 and guiding documents therefor;

Pursuant to the Inspection Law dated November 15, 2010 and guiding documents therefor;

Pursuant to Government Decree No. 61/2012/NĐ-CP dated August 10, 2012 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Government Decree No. 90/2012/NĐ-CP dated November 5, 2012 on the organization and operation of the home affairs inspection sector;

At the proposal of the Inspector General of the Ministry of Home Affairs,

The Minister of Home Affairs issues this Circular prescribing the inspection procedures and contents regarding recruitment, utilization, and management of civil servants and public officials.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for conducting an inspection (including preparation for inspection, conducting the inspection, and concluding the inspection) and the contents of inspection regarding recruitment, utilization, and management of civil servants and public officials.

Article 2. Applicability

This Circular applies to the Director of the Ministry of Home Affairs' Inspectorate, Heads of Provincial Departments of Home Affairs, Heads of Provincial Departments of Home Affairs' Inspectorates under central cities; Leaders of inspection teams, members of inspection teams in the field of recruitment, utilization, and management of civil servants and public officials; inspected entities and Heads of agencies and units and individuals related thereto.

Chapter II

PROCEDURES FOR CONDUCTING INSPECTION

Section 1

PREPARATION FOR INSPECTION

Article 3. Surveying and understanding the situation to decide on inspection

1. Before issuing an inspection decision, when necessary, the Minister of Home Affairs, the Head of the Ministry of Home Affairs' Inspectorate, the Head of the Provincial Department of Home Affairs, and the Head of the Provincial Department of Home Affairs' Inspectorate shall base on the requirements of the inspection to decide on surveying and understanding the situation of the inspected entity (hereinafter referred to as the inspected entity).

2. The person assigned to survey and understand the situation shall be responsible for summarizing, analyzing, and evaluating the collected information, preparing a report to submit to the person assigning the task of surveying and understanding the situation. The report includes the following contents:

a) An overview of the organizational structure, functions, tasks, and powers; the mechanism of decentralization and management of civil servants and public officials of the inspected entity;

b) The scale and number of civil servants and public officials under the management authority of the inspected entity during the inspection period.

c) The implementation status of legal provisions in the fields of recruitment, utilization, and management of civil servants and public officials.

d) Summarizing, analyzing, assessing, and evaluating the collected information; identifying prominent issues, possibilities, and signs of violations in the implementation of legal provisions on recruitment, utilization, and management of civil servants and public officials; the contents that need to be focused on examining and assessing during the inspection process.

Article 4. Issuing an inspection decision

1. Based on the results of the survey and understanding the situation report (if any) and the approved inspection program and plan, the Minister of Home Affairs, the Head of the Ministry of Home Affairs' Inspectorate, the Head of the Provincial Department of Home Affairs, and the Head of the Provincial Department of Home Affairs' Inspectorate shall decide to conduct an inspection and assign the task to specialized individuals or units to draft the inspection decision.

2. The contents of the inspection decision are specifically prescribed in Clause 1, Article 52 of the Inspection Law, including the following contents:

a) Legal basis for inspection;

b) Scope, objects, contents, and tasks of the inspection;

c) Duration of the inspection;

d) Leader of the inspection team, Inspectors, and other members of the inspection team.

3. The Minister of Home Affairs, the Head of the Ministry of Home Affairs' Inspectorate, the Head of the Provincial Department of Home Affairs, and the Head of the Provincial Department of Home Affairs' Inspectorate shall sign the inspection decision and direct its issuance within the time limit prescribed by law.

Article 5. Construction and approval of the inspection plan

1. Construction of the inspection plan

a) The head of the inspection team shall lead and direct the members of the inspection team to construct the inspection plan.

b) Contents of the inspection plan:

Objectives and requirements that need to be achieved after completing the inspection (to serve management, guidance, and operation activities; to serve state management activities related to recruitment, utilization, and management of civil servants and public officials).

Scope, subjects, time, contents of the inspection; methods of conducting the inspection, inspection locations, verification sites;

Progress schedule, implementation deadlines; information and reporting systems (including progress reports on the inspection); means, equipment, funds, and other material conditions necessary for the activities of the inspection team.

2. Approval of the inspection plan

a) The time for constructing the inspection plan shall not exceed five working days from the date of signing the inspection decision.

b) The head of the inspection team shall submit the inspection plan for approval by the person who issued the inspection decision.

Article 6. Preparation for implementing the inspection

1. Meeting of the inspection team, preparation for implementing the inspection

a) The head of the inspection team shall organize a meeting of the inspection team to implement the approved inspection plan; discuss specific measures to organize its implementation; assign specific tasks to each member of the inspection team; outline cooperation principles and compliance with the procedures and regulations of the inspection team; propose a schedule for direct inspections at the inspected agency or unit and related agencies, organizations, units, and individuals.

b) Collect relevant documents concerning the inspection content issued by the Party, State, and the inspected agency or unit regarding recruitment, utilization, and management of civil servants and public officials applicable during the inspection period and scope.

c) Prepare means, equipment, funds, and other material conditions necessary for the activities of the inspection team.

2. Construction of a framework for requesting the inspected entity to report

a) The head of the inspection team shall be responsible for leading the construction of a framework for requesting the inspected entity to report together with the members of the inspection team.

b) The head of the inspection team shall send a document to the inspected entity (attached with the framework for requesting the report and a proposed schedule for direct inspections at the inspected agency or unit and related agencies, organizations, units, and individuals) at least six days before announcing the inspection decision.

In the document sent to the inspected entity, the inspection team shall request the inspected entity to prepare and present a report on the implementation of legal provisions regarding recruitment, utilization, and management of civil servants and public officials at the announcement of the inspection decision; agree on the schedule for direct inspections; collect and arrange all relevant documents and materials according to topics and chronological order, and file them in the complete dossier related to the inspection content regarding the work process of each civil servant and public official.

3. Announcement of the inspection decision

a) The head of the inspection team shall be responsible for notifying the inspected entity in writing about the announcement of the inspection decision.

b) Contents of the announcement of the inspection decision include:

Time and location of the announcement of the inspection decision;

Participants in the meeting to announce the inspection decision: the inspection team; the head of the inspected agency or unit; the head of the unit or organization advising on the management of civil servants and public officials of the inspected entity; other participants decided by the head of the inspection team and the head of the inspected agency or unit.

Section 2

CONDUCTING INSPECTIONS

Article 7. Announcing the Inspection Decision

1. Within the latest fifteen days from the date of signing the inspection decision, the Head of the Inspection Team shall organize the announcement of the inspection decision at the time and place previously notified to the inspected entity.

2. When announcing the inspection decision, the Head of the Inspection Team shall be responsible for:

a) Fully disclosing the contents of the inspection decision, clearly stating the purpose, requirements, methods, and ways of working of the Inspection Team, the rights and obligations of the Inspection Team and the inspected entity, the plan for conducting inspections and the schedule for direct inspections at the inspected agency or unit; requesting agencies, organizations, and units under the inspected entity to prepare and provide relevant files and documents related to the inspection content;

b) The Inspection Team requests representatives of the heads of agencies or units that are inspected entities to report directly on the inspection contents according to the outline sent. After listening to the reports prepared by the inspected entity, if necessary, the Head of the Inspection Team may require the inspected entity to continue supplementing and perfecting the report.

3. The announcement of the inspection decision must be recorded in a minutes document and signed between representatives of the Inspection Team and leaders of the inspected agency or unit.

Article 8. Direct Inspections at Agencies and Units that are Inspected Entities

1. The Inspection Team conducts direct inspections at agencies and units that are inspected entities according to the agreed direct inspection schedule between the Inspection Team and the inspected entity.

2. Conducting Direct Inspections

a) Receiving reports from the inspected entity, listening to the inspected entity's reports; studying, analyzing, comparing, evaluating the content of the inspected entity's report documents and collected information, files, and documents; requiring the inspected entity to explain issues related to the inspection content;

b) During the direct inspection process, if necessary, the Inspection Team conducts work with civil servants, officials, or related persons to verify the inspected content and bear responsibility for the accuracy and objectivity of verified information and documents;

c) After completing the verification, the Inspection Team reviews each agency or unit that is an inspected entity and related agencies, units, and individuals. The Inspection Team records the minutes and announces preliminary results, providing a general assessment of the implementation of laws regarding the inspection content.

3. Changing the Direct Inspection Schedule

During the inspection process, due to the requirements of the Inspection Team or the request of the inspected entity, the direct inspection schedule may be adjusted or changed. Adjustments or changes to the direct inspection schedule must be notified to the inspected entity and reported to the person who issued the inspection decision.

Article 9. Amending and Supplementing the Inspection Implementation Plan during the Inspection Process

1. If the person issuing the inspection decision finds it necessary to amend and supplement the inspection implementation plan, they shall issue a written request to the Head of the Inspection Team to implement.

Within two working days from receiving the written request from the person issuing the inspection decision, the Head of the Inspection Team shall lead and instruct members of the Inspection Team to amend and supplement the inspection implementation plan for review and approval by the person issuing the inspection decision.

2. If the Head of the Inspection Team finds it necessary to amend and supplement the inspection implementation plan, they shall issue a written explanation detailing the reasons, content of amendments and supplements to the inspection implementation plan, and request the person issuing the inspection decision to consider and decide.

Within two working days from receiving the written request from the Head of the Inspection Team, the person issuing the inspection decision shall consider and provide instructions. If agreeing with the request of the Head of the Inspection Team, the person issuing the inspection decision shall issue a written approval.

Within two working days from receiving the written approval from the person issuing the inspection decision, the Head of the Inspection Team shall lead and instruct members of the Inspection Team to amend and supplement the inspection implementation plan for approval by the person issuing the inspection decision.

3. Within two working days from receiving the amended and supplemented inspection implementation plan, the person issuing the inspection decision shall be responsible for reviewing and approving the plan.

4. The Head of the Inspection Team shall be responsible for notifying the inspected entity in writing about the amendment and supplementation of the Inspection Team's inspection implementation plan and coordinating its implementation.

Article 10. Changing the Head of the Inspection Team and Members of the Inspection Team; Supplementing Members of the Inspection Team

1. Changing the Head of the Inspection Team

a) In cases where the person issuing the inspection decision proactively changes the Head of the Inspection Team, they shall notify the Head of the Inspection Team in writing of the reasons;

In cases where the Head of the Inspection Team requests to be changed, they shall submit a written explanation to the person issuing the inspection decision detailing the reasons;

b) The person proposed to replace the Head of the Inspection Team shall draft the decision to change the Head of the Inspection Team for submission to the person issuing the inspection decision for signature and issuance. The time for drafting and submitting the decision to change the Head of the Inspection Team shall not exceed two working days from the date of assignment by the person issuing the inspection decision;

c) Within two working days from receiving the draft decision to change the Head of the Inspection Team, the person issuing the inspection decision shall review and sign it for issuance.

2. Changing Members of the Inspection Team

a) When the Head of the Inspection Team proposes to change members of the Inspection Team, they shall submit a written explanation to the person issuing the inspection decision detailing the reasons for the change;

b) If the person issuing the inspection decision agrees to change members of the Inspection Team, the Head of the Inspection Team shall draft the decision to change members of the Inspection Team for submission to the person issuing the inspection decision for signature and issuance. The time for drafting and submitting the decision to change members of the Inspection Team shall not exceed two working days from the date of agreement by the person issuing the inspection decision;

c) Within two working days from receiving the draft decision to change members of the Inspection Team, the person issuing the inspection decision must review and sign it for issuance.

3. Supplementing Members of the Inspection Team

a) In cases where it is necessary to supplement members of the Inspection Team, the Head of the Inspection Team shall submit a request to the person issuing the inspection decision for consideration and decision on supplementing members of the Inspection Team. The request must clearly state the reasons, name, and position of the member to be supplemented;

b) If the person issuing the inspection decision agrees to supplement members of the Inspection Team, the Head of the Inspection Team shall draft the decision to supplement members for submission to the person issuing the inspection decision for signature and issuance. The time for drafting and submitting the decision to change and supplement members of the Inspection Team shall not exceed two working days from the date of agreement by the person issuing the inspection decision to change and supplement;

c) Within two working days from receiving the draft decision to supplement members of the Inspection Team, the person issuing the inspection decision must review and sign it for issuance.

4. The Head of the Inspection Team shall be responsible for notifying the inspected entity of the change in the Head of the Inspection Team, the change in members of the Inspection Team, and the supplementation of members of the Inspection Team for coordination in implementation.

Article 11. Extending the Inspection Period

1. Five working days before the end of the inspection period as stipulated in the issued inspection decision, the Head of the Inspection Team shall submit a written request to the person issuing the inspection decision to extend the inspection period. The request must clearly state the reasons for extension and the extended period; differing opinions of the members of the Inspection Team regarding the request for extension (if any). The extended inspection period shall be implemented according to the provisions of Article 16 of Decree No. 07/2012/NĐ-CP.

2. Within two working days from receiving the request from the Head of the Inspection Team, the person issuing the inspection decision shall review and decide on extending the inspection period.

3. The decision to extend the inspection period shall be sent to the Inspection Team, the inspected entity, and relevant agencies, organizations, and individuals.

Article 12. Inspection Team's Logbook

1. The Head of the Inspection Team is responsible for recording entries in the logbook and signing to confirm the contents recorded daily. The Head may delegate the task of recording the logbook to members of the Inspection Team, who will be responsible for the recording and signing to confirm the contents recorded.

2. The recording of the Inspection Team's logbook shall be carried out according to the model prescribed by the Government Inspector General. The Inspection Team's logbook shall be kept in the file of the inspection.

Article 13. Completion of On-site Inspection at the Inspected Entity

1. In preparation for the completion of on-site inspection at the inspected entity, the Head of the Inspection Team shall organize a meeting with the Inspection Team to unify the contents of work that need to be completed until the end date of the on-site inspection.

2. The Head of the Inspection Team shall report to the person issuing the inspection decision about the planned completion of the inspection at the inspected entity.

3. The Head of the Inspection Team shall notify in writing the time of completion of the on-site inspection at the inspected entity to the head of the agency or unit being inspected.

4. Contents of the notification of completion of the on-site inspection at the inspected entity.

a) Notification of the time of completion of the on-site inspection at the agency or unit being inspected.

b) Requirement for the inspected entity to fully and promptly meet the requests of the Inspection Team regarding information and related documents during the process of the Inspection Team building the inspection result report.

Section 3

CONCLUSION OF INSPECTION

Article 14. Report on Inspection Results

1. After completing the on-site inspection phase at the agency or unit being inspected, the Head of the Inspection Team shall direct the consolidation of data, analysis of documents collected by the Inspection Team, and evaluation and assessment of the inspection content.

2. Each member of the Inspection Team shall submit a written report to the Head of the Inspection Team on the inspection content according to the assigned tasks.

3. The Head of the Inspection Team shall direct the consolidation of reports from members of the Inspection Team to draft the inspection result report.

The draft report on inspection results shall be sent to members of the Inspection Team for comments. Comments from members of the Inspection Team must be made in writing. If there are differing opinions on the contents of the draft report on inspection results, the Head of the Inspection Team shall consider and decide, and bear responsibility under the law and to the person issuing the inspection decision for their decision.

4. The Head of the Inspection Team shall sign the report on inspection results and send it to the person issuing the inspection decision.

The time to prepare the report on inspection results for submission to the person issuing the inspection decision shall not exceed fifteen days from the end date of the inspection.

5. Contents of the report on inspection results.

a) Overview of the agency or unit being inspected.

b) Results of verification and confirmation of the inspection contents.

c) Evaluation of strengths, weaknesses, limitations, and causes of these weaknesses and limitations in compliance with relevant laws and regulations concerning the inspection content.

d) Measures applied within the authority during the inspection process; recommendations for measures to address violations of the law; recommendations to the competent authority to amend, supplement, issue regulations on recruitment, employment, and management of civil servants and public officials to meet management requirements or revoke regulations found to be contrary to the law through inspection (if applicable).

đ) Differing opinions among members of the Inspection Team (if any).

Article 15. Drafting the Inspection Conclusion

1. The person issuing the inspection decision directs the Head of the Inspection Team to preside over the drafting of the inspection conclusion draft.

2. The inspection conclusion draft shall be sent to members of the Inspection Team for comments before being submitted to the inspected entity for their opinions. If members of the Inspection Team have differing views on the contents of the inspection conclusion draft, the Head of the Inspection Team shall consider and decide.

3. In cases where necessary, the person issuing the inspection decision may seek the opinion of specialized agencies or send the inspection conclusion draft to the inspected entity. Opinions from specialized agencies and the inspected entity regarding the inspection conclusion draft must be in writing and accompanied by supporting documents.

The person issuing the inspection decision directs the Head of the Inspection Team to study and propose measures to handle the explanations provided by the inspected entity and the opinions of specialized agencies.

4. Content of the Inspection Conclusion

a) Results of checking and verifying each inspection content;

b) Conclusions on the compliance with laws and regulations by the inspected entity related to the inspection content; clearly identifying the nature, degree of violation, causes, and responsibilities of agencies, organizations, or individuals involved in violations (if any);

c) Recommendations to competent authorities to amend, supplement, issue regulations on recruitment, employment, and management of civil servants and public officials to meet management requirements or revoke regulations found to be contrary to the law through inspections (if any).

Article 16. Signing, Announcing, and Publicizing the Inspection Conclusion

1. Signing and Issuing the Inspection Conclusion

a) The Head of the Inspection Team completes the inspection conclusion draft and submits it to the person issuing the inspection decision for signature and issuance;

b) The person issuing the inspection decision issues the inspection conclusion within the latest period of 15 days from the date of receipt of the report on the inspection results.

2. Announcing the Inspection Conclusion

a) The person issuing the inspection decision is responsible for organizing the announcement of the inspection conclusion. In cases where necessary, they may delegate this responsibility to the Head of the Inspection Team to announce the inspection conclusion;

b) The person issuing the inspection decision or the delegated Head of the Inspection Team shall notify the inspected entity in writing about the organization of the announcement of the inspection conclusion;

c) The content of the announcement notification includes:

Time and place of announcing the inspection conclusion;

Participants at the meeting to announce the inspection conclusion: The Inspection Team; Heads of agencies or units that are the inspected entities; Heads of agencies or units providing advisory services on the management of civil servants and public officials of the inspected entities; other participants decided by the Head of the Inspection Team and the Heads of agencies or units that are the inspected entities.

d) The person issuing the inspection decision or the delegated Head of the Inspection Team reads the full text of the inspection conclusion; clearly stating the responsibilities of agencies, units, or individuals in implementing the inspection conclusion and other recommendations (if any);

e) The announcement of the inspection conclusion is recorded in a minutes document and signed between representatives of the Inspection Team and representatives of the leadership of the agency or unit that is the inspected entity.

3. Publicizing the Inspection Conclusion

The inspection conclusion on compliance with laws and regulations concerning the recruitment, employment, and management of civil servants and public officials must be publicized in accordance with Article 46 of Decree No. 86/2011/NĐ-CP dated September 22, 2011, of the Government detailing and guiding the implementation of certain provisions of the Inspection Law.

Article 17. Meeting to Summarize Lessons Learned of the Inspection Team

1. In cases where necessary, the Head of the Inspection Team shall convene meetings with members of the team to summarize lessons learned, evaluate the strengths and weaknesses of the inspection, draw out practical experiences; propose rewards for those who perform well and handle civil servants who have committed violations. The reward and disciplinary measures for the Inspection Team shall be carried out in accordance with the provisions of the law.

2. The meeting to summarize lessons learned shall be recorded in minutes and kept in the inspection file.

Article 18. Transfer and Storage of Inspection Files

The Head of the Inspection Team is responsible for transferring the inspection files to relevant departments or individuals assigned tasks according to the law and the regulations of the inspection agency.

Chapter III

CONTENT OF INSPECTION

Section 1

CONTENT OF INSPECTION ON RECRUITMENT, USE AND MANAGEMENT OF CIVIL SERVANTS

AND CIVIL SERVICE MANAGEMENT

Article 19. Basis for Inspecting Recruitment, Use and Management of Civil Servants

1. Legal normative documents of the State, Party guidelines and policies related to recruitment, use and management of civil servants during the period and scope of the inspection.

2. Documents issued by the inspected agencies and units and subordinate agencies and units related to recruitment, use and management of civil servants during the period and scope of the inspection.

Article 20. Inspection of Civil Servant Recruitment

1. Basis, conditions, and authority for recruiting civil servants

2. Civil servant examination

a) Announcing the civil servant examination;

b) Receiving examination application files; meeting the standards and conditions of the examination application files;

c) Establishing and implementing the tasks of the Examination Committee and its supporting committees;

d) Organizing and grading the examination;

đ) Approving the examination results; sending notification of successful candidates to applicants;

e) Issuing recruitment decisions, revoking recruitment decisions; start date of employment; salary classification; implementation of probationary period and guidance on probation.

3. Direct recruitment of civil servants

a) Announcing direct recruitment;

b) Receiving direct recruitment application files; meeting the conditions and standards of the direct recruitment application files;

c) Establishing and implementing the tasks of the Direct Recruitment Committee and its supporting committees;

d) Organizing direct recruitment;

đ) Approving the recruitment results; sending notification of successful candidates to applicants;

e) Issuing recruitment decisions, revoking recruitment decisions; start date of employment; salary classification and implementation of probationary period and guidance on probation.

4. Direct transfer of commune-level civil servants to higher-level positions

a) Setting criteria and conditions for directly transferring commune-level civil servants to higher-level positions;

b) Receiving transfer application files; meeting the conditions and standards of commune-level cadres and civil servants eligible for transfer to higher-level positions;

c) Establishing and implementing the tasks of the Verification and Assessment Committee;

d) Results of the transfer process;

đ) Issuing decisions to transfer commune-level civil servants to higher-level positions; assigning job grades and salary classifications.

5. Other contents prescribed in Chapter II of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government, Chapter I of Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Ministry of Home Affairs, and other laws and regulations on civil servant recruitment.

Article 21. Inspection of job assignment and work distribution for civil servants

1. Management of job positions and staffing of civil servants according to the分级制度和法律规定;各被检查单位的岗位设置批准文件。

2. Job assignment and work distribution for civil servants in accordance with approved job positions and job descriptions.

3. Verification of the consistency between the professional qualifications and vocational certificates demonstrated and the assigned job positions of civil servants.

4. Other contents prescribed in Article 27 of Decree No. 24/2010/NĐ-CP of the Government and other relevant laws on job assignment and work distribution for civil servants.

Article 22. Inspection of rank transfer, promotion, and rank standards for civil servants

1. Rank Promotion for Civil Servants

a) Basis for organizing rank promotion exams and the establishment of plans for such exams;

b) Announcements of rank promotion exams, conditions and criteria for participating in the exams, subjects, exam questions, scoring methods for each subject, answers and grading scales for each subject, examination formats, times, and fees;

c) Acceptance of rank promotion application files and compliance with the conditions and criteria thereof; competition ratios in rank promotion exams;

d) Establishment and implementation of tasks by the Exam Committee for rank promotion and its supporting units;

đ) Organization and marking of rank promotion exams;

e) Reporting of exam results; notification of exam results to candidates;

g) Issuance of decisions approving exam results; decisions appointing ranks and salary grades for successful candidates in rank promotion exams;

h) Other contents prescribed in Section 2 Chapter III of Decree No. 24/2010/NĐ-CP of the Government and Chapter II of Circular No. 13/2010/TT-BNV of the Ministry of Home Affairs and other relevant laws on rank promotion for civil servants.

2. Rank Transfer for Civil Servants

a) Regulations of the inspected entity regarding authority to propose and decide on rank transfers for civil servants;

b) Compliance with the conditions and criteria of application files for rank transfer reviews;

c) Establishment and implementation of tasks by the Review Committee for rank transfers for civil servants;

d) Salary grade increases when transferring ranks for civil servants;

đ) Other contents prescribed in Article 28 of Decree No. 24/2010/NĐ-CP of the Government and other relevant laws on rank transfers for civil servants.

3. Rank Standards for Civil Servants

a) Total number of civil servant ranks of the inspected entity during the inspection period;

b) Compliance of diplomas, certificates, project proposals, research topics, scientific works, and other related documents with rank standards as prescribed by law.

Article 23. Inspection of job transfer, rotation, and temporary assignment; position change for civil servants

1. Job Transfer, Rotation, and Temporary Assignment for Civil Servants

a) Basis and reasons for implementing job transfer, rotation, and temporary assignment for civil servants;

b) Procedures and formalities for job transfer, rotation, and temporary assignment;

c) Job assignment and work distribution for transferred, rotated, and temporarily assigned civil servants;

d) Implementation of systems and policies for transferred, rotated, and temporarily assigned civil servants;

e) Duration of job transfer, rotation, and temporary assignment;

g) Other contents prescribed in Section 4 of Decree No. 24/2010/NĐ-CP of the Government and Section 3 Chapter II of the Regulation on Appointment, Reappointment, Rotation, Resignation, and Removal of Leading Cadres and Civil Servants issued together with Decision No. 27/2003/QĐ-TTg dated February 19, 2003 of the Prime Minister and other relevant laws on job transfer, rotation, and temporary assignment for civil servants.

2. Position Change for Civil Servants in Positions Required to be Periodically Changed According to Law and Other Positions Specified by the Inspected Entity

a) Total number of civil servants required to periodically change their positions;

b) Results of position changes; duration of position changes;

c) Changes and reassignment of civil servant ranks when changing positions (if applicable);

d) Other contents prescribed in Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government and other relevant laws on position changes for civil servants.

Article 24. Inspection of the appointment and reappointment of civil servants holding leadership and management positions

1. Basis for appointment and reappointment

2. Standards and conditions for appointment and reappointment

a) Meeting the standards and conditions for appointment: The general standards of civil servants and specific standards for each appointed position as prescribed by the Party and State; complete files and biographies verified clearly by the competent authority with a declaration of assets as required; comments from representatives of the party committee or local authorities where the civil servant resides regarding the compliance with laws by the civil servant and their family; within the age limit for appointment; meeting health requirements to fulfill assigned tasks; not during a period of disciplinary action ranging from reprimand to removal from office;

b) Meeting the standards and conditions for reappointment: Completing tasks during the term of the leadership position; reaching the general and specific standards for the leadership position at the time of reappointment consideration, meeting future work requirements; the agency or unit having a need for reappointment; meeting health requirements to fulfill assigned tasks; not during a period of disciplinary action ranging from reprimand to removal from office.

3. Procedures for appointment and reappointment

a) Procedures and formalities for appointment, including: Appointment from internal personnel sources and appointment from external personnel sources;

b) Procedures and formalities for reappointment, including: Reappointment (for civil servants who have reached the age limit for holding the appointed position for at least two years) and extending the term of holding a leadership position (for civil servants under the age limit for holding the appointed position for less than two years).

4. Other contents as stipulated in Articles 40 and 41 of Decree No. 24/2010/NĐ-CP of the Government and other legal regulations on the appointment and reappointment of civil servants holding leadership and management positions.

Article 25. Inspection of resignation and dismissal of civil servants holding leadership and management positions

1. Basis and reasons for dismissal and resignation; reasons for leaders' resignation and dismissal.

2. Procedures for handling resignation and dismissal.

3. Arrangement and assignment of other work for civil servants after ceasing to hold leadership and management positions due to resignation or dismissal.

4. Handling of benefits and policies for civil servants who resign or are dismissed.

5. Other contents as stipulated in Articles 42, 43, and 44 of Decree No. 24/2010/NĐ-CP and Chapter III of the Regulation on Appointment, Reappointment, Rotation, Resignation, and Dismissal of Leaders and Civil Servants issued together with Decision No. 27/2003/QD-TTg dated February 19, 2003 of the Prime Minister and other legal regulations on resignation and dismissal of civil servants holding leadership and management positions.

Article 26. Inspection of training and development activities for civil servants

1. Establishment and issuance of incentive systems encouraging civil servants to continuously study and improve their qualifications and working capabilities; allocation of funds to ensure the operation of training and development activities for the inspected entity.

2. Establishment and issuance, and implementation of planning and training programs within the management scope of the inspected entity.

3. Authority to approve planning and training programs for civil servants; authority to issue decisions sending civil servants for training and development.

4. Meeting the standards and conditions for those sent for training and development.

5. Implementation of mandatory annual development programs for civil servants.

6. Implementation of policies and benefits for civil servants during training and development; arrangement of work during the period of study and after completion.

7. Organization and compilation of training and development programs and materials within the responsibility scope of the inspected entity.

8. Use of training and development funds.

9. Management of training and development facilities and faculty within the authority scope of the inspected entity.

10. Other contents as stipulated in Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government and other legal regulations on training and development of civil servants.

Article 27. Inspection of salary policies and other incentive policies for civil servants

1. The classification of salaries and regular promotion of ranks for civil servants: Conditions, standards, and procedures for reviewing and deciding on salary increases.

2. Early promotion of ranks due to outstanding achievements and early promotion of ranks upon retirement notice for civil servants: Conditions and standards for civil servants eligible for early promotion; the percentage ratio of the number of civil servants eligible for early promotion compared to the total number of civil servants in the inspected agency or unit; procedures for reviewing and deciding on early promotions.

3. Reviewing and granting seniority allowances exceeding the ceiling and other types of allowances (seniority allowances, position allowances, hazardous work allowances, and other types of allowances) for civil servants.

4. Classification of salaries for civil servants in the following cases: Probationary period; recruitment; transfer, reassignment, secondment; rank advancement, specialization, and similar cases.

5. Other incentive policies for civil servants as prescribed by law or by the inspected entity.

6. Other contents stipulated in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government and guiding documents; Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government and guiding documents; Article 16 of Decree No. 90/2012/NĐ-CP dated November 5, 2012 of the Government and other legal provisions regarding salary policies for civil servants.

Article 28. Inspection of ethics and communication culture in the performance of public duties by civil servants; implementation of regulations on matters that civil servants are not allowed to do

1. Professional ethics of civil servants: Implementation of thriftiness, frugality, integrity, incorruptibility, and impartiality in public service activities through annual evaluations of civil servants, evaluations in other situations, and through meeting minutes of agencies, units, and organizations with comments on the ethics of civil servants.

2. Communication culture of civil servants at the workplace (spirit, attitude, language in communication with colleagues; wearing insignia or civil servant cards).

3. Matters that civil servants are not allowed to do, including:

a) Matters related to professional ethics that civil servants are not allowed to do: Evading responsibility, shirking assigned tasks; forming cliques, causing division; leaving work without permission or participating in strikes; using state and people's property illegally; abusing authority and power; using information related to public service for personal gain; discriminating based on ethnicity, gender, social class, belief, religion;

b) Matters related to state secrets that civil servants are not allowed to do: Disclosing information related to state secrets in any form; performing work related to industries or professions previously held for domestic organizations or individuals, foreign organizations or individuals, or joint ventures with foreign entities in industries or professions involving state secrets for at least five years from the date of retirement or resignation;

c) Other matters that civil servants are not allowed to do: Engaging in production, business, personnel work as stipulated in the Law on Prevention and Control of Corruption, the Law on Thrift and Anti-Waste, and other matters as prescribed by law and authorized agencies.

4. Other contents according to legal provisions on ethics and communication culture in the performance of public duties by civil servants; implementation of regulations on matters that civil servants are not allowed to do.

Article 29. Inspection of the evaluation and classification of civil servants

1. Authority and responsibility for evaluating and classifying civil servants.

2. Content, procedure, time points, and methods for evaluating civil servants in the following cases: Annual evaluation; before planning, appointing, reappointing; before transferring, rotating and at the end of rotation or secondment period; before sending for training and development; before rewarding or disciplining.

3. Results of civil servant classification; notification of classification results for civil servants.

4. Other contents prescribed in the Regulation on annual evaluation of cadres and civil servants issued together with Decision No. 11/1998/QĐ-TCCP-CCVC dated December 5, 1998 of the Minister, Head of the Organization-Cadre Department of the Government (now the Minister of the Ministry of Home Affairs); the Regulation on evaluation of cadres and civil servants issued together with Decision No. 286-QĐ/TW dated February 8, 2010 of the Politburo and other legal provisions on the evaluation and classification of civil servants.

Article 30. Inspection of rewarding civil servants

1. Authority to propose rewards.

2. Evaluation of civil servants before rewarding.

3. Meeting the criteria for honors of rewarded civil servants.

4. Procedure, formalities, files for proposing rewards; decision on rewards, authority to decide on rewards for civil servants.

5. Other contents prescribed in the Law on Competition and Reward; Decree No. 42/2010/NĐ-CP dated April 15, 2010, Decree No. 39/2012/NĐ-CP dated April 27, 2012 of the Government; Circular No. 02/2011/TT-BNV dated January 24, 2011 of the Ministry of Home Affairs and other legal provisions on rewarding civil servants.

Article 31. Inspection of disciplining civil servants

1. Authority to propose and decide on discipline.

2. Cases not subject to disciplinary consideration; exemption from disciplinary responsibility.

3. Reasons for disciplining civil servants.

4. Time limit for disciplinary action; deadline for disciplinary action.

5. Establishment, members, and performance of tasks of the Disciplinary Council for civil servants (in cases where a Disciplinary Council for civil servants is established).

6. Procedure for issuing disciplinary decisions.

7. Handling of benefits and policies for disciplined civil servants or those temporarily detained, arrested, or suspended from work.

8. Other contents prescribed in Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government and other legal provisions on disciplining civil servants.

Article 32. Inspection of handling resignation and retirement procedures for civil servants

1. Retirement procedures for civil servants

a) Conditions, standards, and procedures for granting retirement to civil servants;

b) Conditions, standards, and procedures for granting early retirement to civil servants (if applicable);

c) Conditions, standards, and procedures for extending retirement age for civil servants;

d) Conditions, standards, and procedures for extending working time for civil servants who have reached retirement age;

đ) Other contents prescribed in Chapter II of Decree No. 46/2010/NĐ-CP dated April 27, 2010 of the Government and other legal provisions on handling retirement for civil servants.

2. Resignation resolution for civil servants

a) Basis for resolving resignation for civil servants;

b) Procedures and formalities for resolving resignation for civil servants in the following cases: At personal request; due to failure to complete tasks for two consecutive years;

c) Payment of severance allowance for resigned civil servants;

d) Other contents prescribed in Chapter III of Decree No. 46/2010/NĐ-CP dated April 27, 2010 of the Government and other legal provisions on handling resignation for civil servants.

Article 33. Inspection of Civil Servant File Management

1. The implementation of establishing civil servant files, including: Time of file establishment; verification and investigation of the authenticity of information criteria declared by officials and civil servants and stamped with confirmation seals from their respective agencies, organizations, or units to be included in management.

2. Supplementing civil servant files, including: Time of file supplementation; responsibility for collecting relevant documents pertaining to managed civil servants to supplement into their files.

3. Transfer, receipt, research, and utilization of civil servant files.

4. Confidentiality of files and reporting systems for civil servant file management work.

5. Ensuring completeness of all document components in civil servant files

a) Common documents: Officer and civil servant dossier; Officer and civil servant resume according to model 2c-BNV/2008; Officer and civil servant supplementary dossier model 04a-BNV/2007; Copy of birth certificate; Health certificate; Initial asset declaration form, annual supplementary asset declaration form, and other documents as prescribed by law;

b) Copies of certificates, diplomas, research topics, scientific works, and other related documents;

c) Decisions related to recruitment, employment, and management of each individual civil servant;

d) Self-assessment and evaluation comments on civil servants.

6. Other contents as stipulated in Decision No. 14/2006/QĐ-BNV dated November 6, 2006, Decision No. 06/2007/QĐ-BNV dated June 18, 2007, Decision No. 02/2008/QĐ-BNV dated October 6, 2008, issued by the Minister of Home Affairs, and other legal regulations concerning civil servant file management.

Section 2

CONTENTS OF INSPECTION ON RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF CIVIL SERVANTS

USE AND MANAGEMENT OF CIVIL SERVANTS

Article 34. Legal Basis for Inspecting Recruitment, Employment, and Management of Civil Servants

1. National legal normative documents, Party guidelines, and policies applicable to the inspected agency or unit relating to civil servant recruitment, employment, and management during the inspection period and scope.

2. Documents issued by the inspected agency or unit and subordinate agencies and units related to civil servant recruitment, employment, and management applied during the inspection period and scope.

Article 35. Inspection of Civil Servant Recruitment

1. Recruitment basis for civil servants.

2. Civil servant examination recruitment

a) Announcement of civil servant recruitment;

b) Acceptance of examination application files; meeting the standards and conditions of examination application files;

c) Formation and execution of tasks by the Examination Recruitment Board and its assisting committees;

d) Organization and marking of examinations;

đ) Approving the examination results; sending notification of successful candidates to applicants;

e) Issuance of recruitment decisions, cancellation of recruitment decisions; acceptance deadline; signing of employment contracts; salary grading; implementation of probationary training and guidance systems.

3. Non-examination recruitment of civil servants

a) Announcement of non-examination recruitment;

b) Receiving direct recruitment application files; meeting the conditions and standards of the direct recruitment application files;

c) Formation and execution of tasks by the Non-Examination Recruitment Board and its assisting committees;

d) Organization of non-examination recruitment;

đ) Approving the recruitment results; sending notification of successful candidates to applicants;

e) Issuance of recruitment decisions, cancellation of recruitment decisions; acceptance deadline; signing of employment contracts; salary grading and implementation of probationary training and guidance systems.

4. Other contents as stipulated in Chapter II of Decree No. 29/2012/NĐ-CP dated April 12, 2012, issued by the Government, and other legal regulations concerning civil servant recruitment.

Article 36. Inspection of the arrangement and allocation of civil servants

1. Management of staffing quotas, job positions, and occupational titles; approval documents for job positions and occupational titles of each agency and unit under inspection;

2. Allocation and assignment of duties to civil servants according to approved job positions and job descriptions;

3. Professional qualifications, vocational skills, and other standards demonstrated through relevant certificates and diplomas corresponding to the job position and occupational title of the allocated civil servant;

4. Other contents prescribed in Article 25 of Decree No. 29/2012/NĐ-CP dated April 12, 2012, of the Government and other legal regulations on duty assignments for civil servants.

Article 37. Inspection of appointment, qualification criteria for occupational titles; changes and promotions in occupational titles for civil servants

1. Appointment of occupational titles for civil servants

a) Authority to decide on the appointment of occupational titles;

b) Correspondence and suitability of each occupational title with the job position of each civil servant;

c) Compliance with the conditions and criteria of the occupational title when appointing a civil servant to that occupational title;

d) Other contents stipulated by laws regarding the appointment of occupational titles for civil servants.

2. Qualification criteria for occupational titles of civil servants

a) The total number of occupational titles of the inspected entity during the inspection period;

b) Compliance of certificates, diplomas, projects, topics, scientific works, and other related documents with the qualification criteria for occupational titles of civil servants;

c) Other contents stipulated by laws regarding the qualification criteria for occupational titles of civil servants.

3. Change of occupational titles for civil servants

a) Authority to decide on changing occupational titles;

b) Examination for transfer of occupational titles: Conditions and criteria of civil servants when examining for transfer of occupational titles; procedures and formalities for examination for transfer of occupational titles;

c) Other contents prescribed in Article 29 of Decree No. 29/2012/NĐ-CP dated April 12, 2012, of the Government and other legal regulations on changes in occupational titles for civil servants.

4. Promotion of occupational titles

a) Development and submission of plans or examinations for promotion of occupational titles of the inspected entity to the competent authority for approval;

b) Establishment and implementation of tasks by the Examination Board or Promotion Committee for civil servants;

c) Regulations of the inspected entity on criteria, conditions, content, and form of examinations or promotions for occupational titles of civil servants;

d) Organization of receipt of application files for promotion and compliance with criteria and conditions of these application files;

đ) Organization of examinations or promotions; marking of examinations or summarization of results of promotions; reporting of examination or promotion results to the competent authority; notification of examination results for promotions to candidates; re-examination of promotion examinations (if applicable);

e) Notification in writing by agencies or units responsible for organizing examinations or promotions of the results of examinations or promotions to the competent authority to issue decisions on appointments of occupational titles;

g) Decision on appointment of occupational titles and salary grading for civil servants according to the level of authority;

h) Other contents prescribed in Section 2 Chapter III of Decree No. 29/2012/NĐ-CP dated April 12, 2012, of the Government and other legal regulations on promotions of occupational titles for civil servants.

Article 38. Inspection of the dispatching and changing of job positions for civil servants

1. Dispatching civil servants

a) Basis and reasons for dispatching civil servants:

b) Authority, procedures, and processes for dispatching;

c) Arrangement and assignment of work for dispatched civil servants;

d) Implementation of regulations and policies for dispatched civil servants;

đ) Evaluation and implementation of tasks for dispatched civil servants;

e) Duration of dispatch;

g) Acceptance and job placement for civil servants at the end of the dispatch period;

h) Other contents prescribed in Article 26 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government and other legal provisions on the dispatching of civil servants.

2. Changing job positions for civil servants

a) Reasons for changing job positions;

b) Meeting professional standards when transferring to a different job position;

c) Changing occupational titles to match new job positions;

d) Amending and supplementing the terms of employment contracts when civil servants transfer to new job positions or acquire new occupational titles;

đ) Other contents according to legal provisions on changing job positions for civil servants.

Article 39. Inspection of appointment, reappointment, removal, and resignation from positions for managerial civil servants

1. Inspection of the appointment, reappointment, removal, and resignation from positions for managerial civil servants shall be carried out in accordance with Articles 24 and 25 of this Circular.

2. Other contents prescribed in Articles 27 and 28 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government and other legal provisions on the appointment, reappointment, removal, and resignation from positions for managerial civil servants.

Article 40. Inspection of training and development activities for civil servants

1. The establishment, approval, and implementation of training and development plans for civil servants under inspection.

2. Authority to approve training and development plans; authority to issue decisions sending civil servants for training and development.

3. Meeting the criteria and conditions for those sent for training and development.

4. Implementation of mandatory annual training programs to update knowledge and professional skills for civil servants.

5. Implementation of regulations and policies for civil servants during training and development periods; arrangement of work during and after completion of training.

6. Use of funds for training and development of civil servants.

7. Compensation for training and development costs for civil servants (if applicable).

8. Other contents prescribed in Section 3 Chapter III of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government and other legal provisions on training and development of civil servants.

Article 41. Inspection of salary policies and other incentive policies for civil servants

1. Salary payment mechanisms for civil servants under inspection.

2. Classification and regular promotion of civil servants' salaries.

3. Early promotion and grade advancement for civil servants with meritorious service, achievements, and contributions in their work and profession, including:

a) Conditions and standards for early promotion and grade advancement for civil servants;

b) Proportion of civil servants eligible for early promotion and grade advancement compared to the total number of civil servants in the inspected agency or unit;

c) Procedures for reviewing and deciding on early promotion and grade advancement.

4. Consideration of allowances and preferential policies in cases where civil servants work in mountainous areas, border regions, islands, remote areas, ethnic minority regions, particularly difficult economic and social conditions, or in hazardous and dangerous industries or special public services.

5. Other incentive policies for civil servants as prescribed by law or by the inspected entity.

6. Other contents prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government and implementing guidelines; Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government and implementing guidelines; Article 16 of Decree No. 90/2012/NĐ-CP dated November 5, 2012 of the Government and other legal provisions on salary policies for civil servants.

Article 42. Inspection of the performance of civil servants' obligations and matters that civil servants are not allowed to do

1. The performance of civil servants' obligations includes:

a) The performance of general obligations of civil servants;

b) The performance of civil servants' obligations in professional activities;

c) The performance of management obligations of civil servants.

2. The performance of matters that civil servants are not allowed to do as prescribed in Article 19 of the Civil Servants Law.

3. Other contents prescribed in Section 2 Chapter 2 of the Civil Servants Law and other legal provisions on obligations and matters that civil servants are not allowed to do.

Article 43. Inspection of the evaluation and classification of civil servants

1. Authority and responsibility for evaluating and classifying civil servants.

2. Contents, procedures, time points, and methods of evaluating civil servants in the following cases: Annual evaluation; at the end of the probationary period; when planning, appointing, reappointing management civil servants; when renewing employment contracts; when sending for training and development; when changing job positions; changing occupational titles; when considering commendation and disciplinary actions.

3. Results of civil servants' classification; notification of evaluation and classification results of civil servants.

4. Other contents prescribed in Section 4 Chapter III of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government and other legal provisions on the evaluation and classification of civil servants.

Article 44. Inspection of the awarding work for civil servants

The inspection of the awarding work for civil servants shall be carried out in accordance with the provisions of Article 30 of this Circular.

Article 45. Inspection of the disciplinary work for civil servants

1. Authority to propose and decide on disciplinary action against civil servants.

2. Examination of cases that have not been considered for disciplinary action; exemption from disciplinary responsibility.

3. Forms of disciplinary action against civil servants and corresponding violations of civil servants for each form of disciplinary action applied.

4. Time limit for disciplinary action; deadline for disciplinary action.

5. Establishment, membership, and implementation of tasks of the Disciplinary Council of Civil Servants (in case of establishment of the Disciplinary Council of Civil Servants); the Liability Settlement Council; the Responsibility Repayment Council.

6. Procedures and formalities for disciplinary action against civil servants.

7. Handling of benefits and policies for civil servants during temporary detention, arrest, and suspension of work.

8. Other contents prescribed in Decree No. 27/2012/NĐ-CP dated April 6, 2012 of the Government and other legal provisions on disciplinary action against civil servants.

Article 46. Inspection of the handling of resignation and retirement procedures for civil servants

1. Handling of resignation for civil servants

a) Basis and reasons for handling resignation for civil servants;

b) Procedures and formalities for handling resignation for civil servants in the following cases: Resignation according to personal wishes; unilateral termination of employment contracts; illness treated continuously for 12 months, civil servants working under fixed-term employment contracts treated continuously for 6 months but their ability to work has not recovered; due to natural disasters, fire, or other force majeure circumstances as prescribed by the Government causing public service units to reduce their scale, making the positions held by civil servants no longer exist; when public service units cease operations according to decisions of competent authorities;

c) Implementation of severance pay for civil servants.

d) Other contents prescribed in Article 38, Article 39 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government and other legal provisions on handling resignation for civil servants.

2. Retirement procedures for civil servants

a) Conditions for civil servants to retire;

b) Determination of the retirement date;

c) Procedure for granting retirement to civil servants;

d) Conditions and standards for extending retirement age for civil servants;

đ) Other contents prescribed in Article 40 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government and other legal provisions on handling retirement for civil servants.

Article 47. Inspection of civil servant file management work

1. Authority for managing civil servant files;分级管理公文档案的权限。

2. Implementation of establishing civil servant files, including: The time for establishing inspection files and verifying the authenticity of information criteria declared by civil servants and stamped with confirmation seals from relevant agencies, organizations, and units to be included in management.

3. Supplementing civil servant files, including: The time for supplementing files; the responsibility for collecting and gathering documents related to managed civil servants to be added to their files.

4. Transfer, receipt, and study and use of civil servant files.

5. Confidentiality of files and reporting systems for civil servant file management work.

6. Components of documents in files, including:

a) General documents: Civil servant curriculum vitae; Brief civil servant curriculum vitae; Supplementary civil servant curriculum vitae form; Copy of birth certificate; Annual health certificate; Initial asset declaration form, annual supplementary asset declaration form;

b) Copies of regulations, certificates, and other related documents;

c) Decisions related to recruitment, utilization, and management of each individual civil servant; employment contracts and employment contract appendices of civil servants;

d) Self-assessment reports and evaluations of civil servants.

7. Other contents as prescribed by laws on civil servant file management.

Chapter IV

IMPLEMENTING PROVISIONS

Article 48. Effective Date

This Circular takes effect from February 1, 2013.

Article 49. Responsibility for Implementation

The Chief Inspector of the Ministry of Home Affairs, Directors of Provincial Departments of Home Affairs, Chief Inspectors of Provincial Departments of Home Affairs, Heads of inspection teams, members of inspection teams, inspected entities, Heads of agencies, organizations, units, and related individuals are responsible for implementing this Circular.

Article 50. Amendments and Supplements

During implementation, if there are difficulties or new issues arise, they should be promptly reported to the Ministry of Home Affairs for research and appropriate amendments and supplements./.

DEPUTY MINISTER
DEPUTY MINISTER
(Signed)
Van Tat Thu

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02/2008/QĐ-BNV Quyết định số 02/2008/QĐ-BNV Về việc ban hành mẫu biểu quản lý hồ sơ cán bộ, công chức 生效中 06/2007/QĐ-BNV Quyết định số 06/2007/QĐ-BNV Về việc ban hành thành phần hồ sơ cán bộ, công chức và mẫu biểu quản lý hồ sơ cán bộ, công chức 生效中 204/2004/NĐ-CP Nghị định số 204/2004/NĐ-CP Về chế độ tiền lương đối với cán bộ, công chức,viên chức và lực lượng vũ trang 生效中 158/2007/NĐ-CP Nghị định số 158/2007/NĐ-CP Quy định danh mục các vị trí công tác và thời hạn định kỳ chuyển đổi vị trí công tác đối với cán bộ, công chức, viên chức 已失效 02/2011/TT-BNV Thông tư số 02/2011/TT-BNV Hướng dẫn thực hiện Nghị định số 42/2010/NĐ-CP ngày 15 tháng 4 năm 2010 của Chính phủ quy định chi tiết thi hành một số điều của Luật Thi đua, Khen thưởng và Luật sửa đổi, bổ sung một số điều của Luật Thi đua, Khen thưởng 已失效 76/2009/NĐ-CP Nghị định số 76/2009/NĐ-CP Về sửa đổi, bổ sung một số điều của Nghị định số 204/2004/NĐ-CP ngày 14 tháng 12 năm 2004 của Chính phủ về chế độ tiền lương đối với cán bộ, công chức, viên chức và lực lượng vũ trang 生效中 13/2010/TT-BNV Thông tư số 13/2010/TT-BNV Quy định chi tiết một số điều về tuyển dụng và nâng ngạch công chức của Nghị định số 24/2010/NĐ-CP ngày 15 tháng 3 năm 2010 của Chính phủ quy định về tuyển dụng, sử dụng và quản lý công chức 已失效 86/2011/NĐ-CP Nghị định số 86/2011/NĐ-CP Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Thanh tra 生效中 24/2010/NĐ-CP Nghị định số 24/2010/NĐ-CP Quy định về tuyển dụng, sử dụng và quản lý công chức 已失效 42/2010/NĐ-CP Nghị định số 42/2010/NĐ-CP Quy định chi tiết thi hành một số điều của Luật Thi đua, Khen thưởng và Luật sửa đổi, bổ sung một số điều của Luật Thi đua, Khen thưởng 已失效 14/2006/QĐ-BNV Quyết định số 14/2006/QĐ-BNV Về việc ban hành quy chế quản lý hồ sơ cán bộ, công chức 已失效 27/2003/QĐ-TTg Quyết định số 27/2003/QĐ-TTg Về việc ban hành Quy chế bổ nhiệm, bổ nhiệm lại, luân chuyển, từ chức, miễn nhiệm cán bộ, công chức lãnh đạo 生效中 18/2010/NĐ-CP Nghị định số 18/2010/NĐ-CP Về đào tạo, bồi dưỡng công chức 生效中

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