Circular No. 10/2014/TT-TTCP detailing the list of inspection positions for civil servants in state inspection agencies that must be periodically rotated

CIRCULAR

Detailed regulations on the list of inspection positions for civil servants

in state inspection agencies that must be periodically rotated

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Pursuant to the Anti-Corruption Law No. 55/2015/QH11 dated November 29, 2005, which has been amended and supplemented by Law No. 01/2007/QH12 dated August 4, 2007 and Law No. 27/2012/QH13 dated November 23, 2012;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government stipulating the list of positions and periodic rotation terms for cadres, civil servants, and public officials, and Decree No. 150/2013/NĐ-CP dated November 1, 2013 of the Government amending and supplementing certain provisions of Decree No. 158/2007/NĐ-CP;

At the proposal of the Director of the Cadre and Civil Service Department and the Director of the Legal Affairs Department;

The General Inspector of the Government issues this Circular detailing the list of inspection positions for civil servants in state inspection agencies that must be periodically rotated.

Article 1. Scope and Applicability

1. This Circular details the list of inspection positions for civil servants not holding leadership or management positions in state inspection agencies that must be periodically rotated with the aim of proactively preventing corruption.

2. The principles, contents, forms, and responsibilities for implementing periodic position rotations shall be carried out in accordance with the provisions of Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government.

3. The rotation of positions that are not inspection positions for civil servants and public officials in state inspection agencies shall be implemented according to the guidelines provided by ministries, ministerial-level agencies, and specialized agencies under their respective jurisdictions that have issued detailed regulations on the list of positions that must be periodically rotated.

4. The rotation of civil servants holding leadership or management positions shall be carried out in accordance with the regulations on cadre rotation.

5. The provisions on periodic position rotation in this Circular shall not be applied to transfer civil servants out of state inspection agencies.

Article 2. List of inspection positions for civil servants in state inspection agencies that must be periodically rotated

1. Administrative inspection.

2. Conduct specialized inspections.

3. Handling complaints and denunciations.

4. Anti-corruption inspection.

5. Receiving citizens.

6. Processing complaints and denunciations.

7. Supervision, verification, and post-inspection handling.

8. Management by area, sector, or specific subjects assigned for inspection, complaint resolution, and anti-corruption activities.

Article 3. Periodic Term for Position Rotation

The term for periodic rotation of positions is five years (sixty months) for civil servants working in the inspection positions listed in Article 2 of this Circular.

Article 4. Cases where rotation has not occurred or will not occur

1. In cases where the rotation period has expired but the rotation has not yet been carried out; the rotation shall be carried out when there are no longer reasons for non-rotation:

a) Civil servants who are currently being considered for disciplinary action;

b) Civil servants who are currently under investigation or have connections to ongoing investigations, inspections, or audits;

c) Civil servants who are undergoing treatment for serious illnesses as defined by the Ministry of Health, are studying long-term, or have been dispatched elsewhere;

d) Female civil servants who are pregnant or nursing children under 36 months old. Male civil servants who must care for children under 36 months old (due to the death of the wife or other objective circumstances) shall also be treated similarly to female civil servants;

e) Civil servants who are serving as Heads of Inspection Teams, Complaints and Denunciation Resolution Teams, or Heads of Supervision, Verification, and Post-Inspection Handling Teams.

2. Position rotation shall not be carried out for civil servants whose remaining working time before retirement is less than 18 months.

Article 5. Implementation Provisions

1. This Circular takes effect from January 15, 2015, and replaces Circular No. 1680/2009/TT-TTCP dated July 17, 2009, of the Government Inspectorate.

2. Ministries, ministerial-level agencies, provincial People's Committees, and centrally-administered city People's Committees shall be responsible for organizing and directing state inspection agencies within their jurisdiction to implement periodic position rotations for civil servants; they shall compile and report to the Government Inspectorate on the implementation results before November 1 each year.

3. During the implementation process, if any issues arise or difficulties and obstacles occur, ministries, ministerial-level agencies, provincial People's Committees, centrally-administered city People's Committees, and state inspection agencies shall promptly reflect these issues to the Government Inspectorate for research and resolution./.