Decree No. 101/2017/ND-CP on training and capacity building for officials, civil servants, and public employees

DECREE

On training and capacity building for civil servants and public officials

On the basis of Law on the Organization of the Government dated June 19, 2015;

On the basis of Civil Servants Law dated November 13, 2008;

On the basis of Public Officials Law dated November 15, 2010;

On the basis of Education Law dated June 14, 2005 and Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009;

On the basis of National Defense and Security Education Law dated June 19, 2013;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues this Decree on training and capacity building for civil servants and public officials.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree stipulates the content, program, form, and management of training and capacity building for civil servants and public officials.

Article 2. This Decree applies to the following subjects:

a) Cadres in state agencies;

c) Public officials in public service units.

1. Training institutions base their determination and implementation of annual enrollment quotas on the conditions ensuring quality of training and socio-economic development requirements, exercising autonomy and accountability.

Equipping knowledge, skills, and methods to perform tasks in public service activities of cadres and civil servants and in professional activities of public officials, contributing to building a professional cadre, civil servant, and public official team with good moral qualities, political resolve, and capability, meeting the requirements to serve the people and the country's development cause.

Article 3. Principles

Clause 1. Training and capacity building must be based on the standards of civil servant grades, public official job titles, leadership and management positions; job positions; linked to the work of using and managing cadres, civil servants, and public officials, consistent with the training and capacity building plan and the need for human resource construction and development of the agency or unit.

Clause 2. Implement division and decentralization in organizing capacity building according to civil servant grade standards, public official job title standards, leadership and management position standards; combine assignment and competition in organizing capacity building according to job position requirements.

Encourage self-study awareness and the selection of capacity building programs according to job position requirements of cadres, civil servants, and public officials.

Clause 4. Ensure transparency, efficiency, and fairness.

Chapter II
TRAINING OF CADRES, CIVIL SERVANTS, AND PUBLIC OFFICIALS

Article 4. Requirements

The training of cadres, civil servants, and public officials shall be carried out in accordance with the laws on education and training, consistent with the training and capacity building plan, and meeting the human resource planning needs of the agency or unit.

Article 5. Subjects and Conditions for Intermediate, College, and University Level Training

Clause 1. Cadres and civil servants at commune level who are ethnic minorities or working in mountainous, border, island, remote, ethnic minority, and economically and socially disadvantaged areas, and must commit to performing duties and services at the agency or unit for a period at least twice the duration of the training program upon completion of the training program.

Clause 2. In addition to the provisions of Clause 1 of this Article, subjects specified in Clause 1 of this Article who are sent to study under cooperation programs with foreign countries signed or joined by the Socialist Republic of Vietnam on behalf of the State and Government must also meet other requirements of the cooperation program.

Article 6. Conditions for postgraduate training

1. For civil servants:

a) Having at least three years of work experience (excluding probation period) and two consecutive years immediately preceding the time of being sent for training, performing tasks well;

b) Not exceeding forty years old from the time of being sent for the first postgraduate training;

c) Committing to perform duties and public service tasks at the agency or unit for a period of at least twice the duration of the training program upon completion;

d) The field of study must be appropriate to the job position.

2. For employees:

a) Having completed the probation period (if applicable);

b) Committing to perform duties and professional activities at the agency or unit for a period of at least twice the duration of the training program upon completion;

c) The field of study must be appropriate to the job position.

3. Civil servants and employees who are sent to study under cooperation programs with foreign countries signed or joined on behalf of the Socialist Republic of Vietnam must also meet additional requirements specified in such programs, in addition to the provisions of Clause 1 and Clause 2 of this Article.

Article 7. Compensation for Training Costs

Civil servants and employees sent for training at the intermediate level or higher using state budget funds or management agencies' budgets must compensate for training costs if they fall into any of the following cases:

1. Voluntarily dropping out of school or leaving their job, or unilaterally terminating their employment contract during the training period.

2. Not receiving a graduation certificate from the training institution.

3. Completing the course and receiving a graduation certificate but leaving their job or unilaterally terminating their employment contract before fulfilling the commitment period stipulated in Article 5 or Article 6 of this Decree.

Article 8. Compensation Amount and Calculation Method

1. The compensation amount includes tuition fees and all other expenses related to the training course, excluding salary and allowances (if any).

2. Calculation method for compensation costs:

a) In the cases specified in Clauses 1 and 2 of Article 7 of this Decree, civil servants and employees must pay 100% of the compensation amount;

b) In the cases specified in Clause 3 of Article 7 of this Decree, the compensation amount is calculated according to the following formula:

Where:

- S is the compensation amount;

- F is the total cost paid by the agency or unit sending the civil servant or employee for training for one participant in the course;

- T1 is the required service period after completing the course (or courses), expressed in whole months;

- T2 is the actual service period after training, expressed in whole months.

Example: Mr. A was sent for a master's degree training program lasting two years (24 months) at a cost of 30 million VND. According to his commitment, he must serve for at least 48 months after returning from the training. After graduating, Mr. A served the agency for 24 months before voluntarily leaving. The training compensation that Mr. A must pay is:

Article 9. Conditions for Reducing Compensation Amount

Each year of work experience of civil servants and employees (excluding the probation period and the period of work after training) reduces the compensation amount by 1%. In the case of women or ethnic minorities, each year of work experience reduces the compensation amount by up to 1.5%.

Article 10. Compensation Review Board

1. The Compensation Review Board advises the Head of the agency managing civil servants, public officials, and employees or the agency, unit authorized to manage civil servants, public officials, and employees in examining cases requiring compensation for training costs and recommending training compensation costs for civil servants, public officials, and employees.

2. The Board operates on principles of transparency, democracy, and majority voting.

3. The Board ceases operations and dissolves itself upon completion of its tasks.

Article 11. Establishment of the Compensation Review Board

1. The Head of the agency managing civil servants, public officials, and employees or the agency, unit authorized to manage civil servants, public officials, and employees establishes the Compensation Review Board.

2. The Compensation Review Board consists of the following members:

a) One representative from the Organization and Cadres Department (Office, Division), Department of Home Affairs, or the agency, unit authorized to manage civil servants, public officials, and employees serves as the Chairman of the Board;

b) One civil servant or employee responsible for training and development from the Organization and Cadres Department (Office, Division), Department of Home Affairs, or the agency, unit authorized to manage civil servants, public officials, and employees serves as the Secretary of the Board;

c) One representative from the trade union organization of the unit employing civil servants, public officials, and employees;

d) One representative from the financial-accounting department of the agency paying the course expenses;

đ) One representative from the leadership of the unit employing civil servants, public officials, and employees.

Article 12. Meeting of the Compensation Review Board

1. The Chairman of the Board is responsible for organizing the compensation review meeting. The Board's meeting can only be held when all members are present.

2. Meeting procedures:

a) The Board Secretary announces the decision to establish the Board;

b) The Chairman of the Board outlines the Board's tasks and work program;

c) The Board Secretary reads regulations related to compensating training costs;

d) A representative from the leadership of the unit employing civil servants, public officials, and employees reports on the work process of civil servants, public officials, and employees;

đ) A representative from the financial-accounting department of the agency paying the expenses reports on the course expenses and identifies cases requiring training cost compensation according to Article 7 of this Decree;

e) The Board discusses the compensation case and compensation amount.

3. The recommendation for training cost compensation by the Board shall be documented in writing and sent to the Head of the agency managing civil servants, public officials, and employees or the agencies, units authorized to manage civil servants, public officials, and employees within no later than three working days from the end of the meeting.

4. The funding for organizing the meeting of the Compensation Review Board is sourced from the training and development budget of the agency managing civil servants, public officials, and employees.

Article 13. Decision on Compensation

Based on the recommendation of the Compensation Review Board, the Head of the agency managing civil servants, public officials, and employees or the agency, unit authorized to manage civil servants, public officials, and employees issues a decision on training cost compensation.

Article 14. Payment and Recovery of Training Cost Compensation

1. Within no more than 120 days from the date of receipt of the training cost compensation decision from the competent authority, the person required to compensate for training costs must pay the full amount of the compensation.

2. The training cost compensation is paid to the agency or unit that paid for the course.

3. In case of disagreement over the training cost compensation, the parties involved have the right to lodge complaints or initiate legal proceedings in accordance with the law.

Chapter III
TRAINING OF CIVIL SERVANTS, PUBLIC OFFICIALS, AND EMPLOYEES

Section 1

 FORMS, CONTENT,

 PROGRAMS, TRAINING CERTIFICATES

1. Probationary period.

2. Training according to the standards of civil service grades, occupational qualifications of public officials.

3. Pre-appointment training for leadership and management positions.

4. Training based on job position requirements; annual mandatory specialized knowledge and skills training (minimum duration is one week per year; one week equals five days of study, one day of study consists of eight sessions).

1. Political theory.

2. National defense and security knowledge.

3. State management knowledge and skills.

4. Professional knowledge, specialized knowledge, vocational skills; public service ethics, occupational ethics; international integration knowledge.

5. Ethnic language, information technology, foreign languages.

1. Training programs and materials for political theory training for cadres, civil servants, and public officials, including:

a) Training programs and materials for political theory training according to leadership and management position standards;

b) Training programs and materials for political theory training according to rank and cadre, civil servant, public official position standards.

2. Training programs and materials for national defense and security knowledge training, including:

a) Training programs and materials for national defense and security knowledge training according to leadership and management position standards;

b) Training programs and materials for national defense and security knowledge training according to rank and cadre, civil servant, public official position standards.

3. Training programs and materials for state administration management knowledge training according to civil servant rank standards, with a minimum implementation period of six weeks and a maximum of eight weeks, including:

a) Training programs and materials for career officer and equivalent ranks;

b) Training programs and materials for specialist officer and equivalent ranks;

c) Training programs and materials for senior specialist officer and equivalent ranks;

d) Training programs and materials for senior-level specialist officer and equivalent ranks.

4. Training programs and materials according to public official position standards, with a minimum implementation period of six weeks and a maximum of eight weeks, including:

a) Training programs and materials for position level IV;

b) Training programs and materials for position level III;

c) Training programs and materials for position level II;

d) Training programs and materials for position level I.

5. Training programs and materials for state administration management knowledge before appointing leadership and management positions, with a minimum implementation period of two weeks and a maximum of four weeks, including:

a) Training programs and materials for departmental and equivalent leadership and management;

b) Training programs and materials for district and equivalent leadership and management;

c) Training programs and materials for provincial department and equivalent leadership and management;

d) Training programs and materials for ministry and equivalent leadership and management;

e) Training programs and materials for Deputy Minister and equivalent positions.

6. Training programs and materials for leadership and management knowledge and skills at commune level, with a minimum implementation period of two weeks and a maximum of four weeks.

7. Training programs and materials according to job requirements, specialized knowledge, and skills, with a maximum implementation period of one week.

1. Apply state administration management knowledge training programs according to civil servant rank standards for public officials holding equivalent position levels working in administrative, general, office management, planning, finance departments of public institutions.

2. State administration management knowledge training programs before appointing leadership and management positions

a) Apply departmental and equivalent leadership and management training programs for public officials leading departments, faculties, bureaus, or equivalent units in public institutions; heads and deputy heads of public institutions under specialized agencies of provincial People's Committees; heads and deputy heads of public institutions under district People's Committees;

b) Apply provincial department and equivalent leadership and management training programs for heads and deputy heads of public institutions under provincial People's Committees;

c) Apply ministry and equivalent leadership and management training programs for heads and deputy heads of public institutions under ministries, agencies equivalent to ministries, government agencies, central political-social organizations; individuals holding positions and titles in state-owned limited liability companies with 100% state capital contribution.

1. The competent authority of the Communist Party of Vietnam shall manage and provide specific guidance on political theory training programs.

2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to manage and provide specific guidance on national defense and security knowledge training programs.

3. The Ministry of Home Affairs shall manage training programs for civil service cadre management knowledge according to the civil service grade standards; and training programs for state administration management knowledge before appointment to leadership positions.

4. Ministries shall manage the training programs according to the occupational title standards for specialized management civil servants.

5. Ministries, ministerial-level agencies, government agencies, central-level political-social organizations, and provincial People's Committees shall manage training programs according to job position requirements, specialized knowledge, and skills for cadres, civil servants, and civil servants under their jurisdiction.

6. Training programs specified in Clauses 1, 2, and 4 of this Article must be approved by the Ministry of Home Affairs before issuance.

Article 20. Compilation of Training Programs and Materials

1. Training programs and materials must be compiled in accordance with cadre standards, civil service grade standards, occupational title standards for civil servants, leadership position standards, and practical requirements at each stage.

3. The agency managing the training program shall organize the compilation of programs within its jurisdiction.

4. The Ho Chi Minh National Political Academy, the National Administration Academy, provincial and centrally-administered city political schools, training and development institutions of ministries, ministerial-level agencies, government agencies, and central-level political-social organizations (hereinafter referred to collectively as training and development institutions); academies, research institutes, universities, colleges, and secondary vocational schools (hereinafter referred to collectively as training and research institutions); and relevant agencies and units shall compile training materials for programs assigned by authorized bodies to organize training.

1. Training programs and materials according to civil service grade standards, occupational title standards for civil servants, and leadership position standards must be reviewed before issuance.

2. Training programs and materials according to job position requirements, specialized knowledge, and skills must be approved before use.

3. The agency managing the training program shall organize the review or approval of training programs.

4. The Ho Chi Minh National Political Academy, the National Administration Academy, training and development institutions, training and research institutions, and relevant agencies and units shall organize the review or approval of training materials they are tasked to compile.

Article 22. Review Board for Training Programs and Materials

1. The Minister, head of a ministerial-level agency, government agency, competent authority of the Communist Party of Vietnam, head of central-level political-social organizations, and Chairman of the Provincial People's Committee shall establish a Review Board for programs within their jurisdiction.

2. The Director of the Ho Chi Minh National Political Academy, the Director of the National Administration Academy, heads of training and development institutions, training and research institutions, and relevant agencies and units shall establish or request the establishment of a Review Board for training materials they are tasked to compile.

3. The Review Board shall consist of five or seven members, including the Chairperson, Secretary, two members serving as critics, and other members.

4. Members of the Review Board must be experienced managers and scientists with credibility and appropriate expertise, and must not be the direct compilers of the programs and materials being reviewed.

Article 23. Duties of Council Members

1. Chairman of the Council:

a) Be responsible for the activities of the Council;

b) Organize the review of programs and materials in accordance with the prescribed requirements and timeframes;

c) Assign tasks to Council members;

d) Convene and chair meetings of the Council.

2. Secretary of the Council:

a) Assist the Chairman of the Council in preparing the agenda, program, and organizing meetings of the Council;

b) Record minutes of Council meetings;

c) Perform other tasks assigned by the Chairman of the Council.

3. Council Member:

a) Study and prepare comments and evaluations on programs and materials;

b) Attend all review meetings fully. In case of inability to attend, submit their comments and evaluations to the Council Secretary before the review meeting is held.

Article 24. Working System and Meetings of the Review Council

1. The Council operates based on the principle of collective discussion, secret ballot, and majority decision.

2. Results of the review of programs and materials:

a) Meet the requirements and recommend issuance by the competent authority;

b) Meet the requirements but need revision and completion before submission to the competent authority for issuance;

c) Fail to meet the requirements, require editing and re-review.

3. A Council meeting shall be convened when at least two-thirds of the total number of Council members are present, including the Chairman and the Council Secretary who must not be absent. The work program of the Council is as follows:

a) The Council Secretary announces the Decision establishing the Council;

b) The Council approves the work program;

c) Representatives of the agency or unit in charge of drafting present the process of drafting and the main contents of the program and materials;

d) Council members present critical opinions, comments, and discuss the program and materials;

đ) Representatives of the agency or unit in charge of drafting explain issues related to the program and materials as requested by Council members;

e) The Council elects the Counting Board and conducts voting according to the provisions of Clause 2 of this Article;

g) The Counting Board works; the Head of the Counting Board announces the counting results; if the counting results show equal votes for two or three levels of review outcomes, the voting result will be based on the concluding opinion of the Chairman of the Council;

h) The Chairman of the Council concludes the content of the review meeting;

i) The Council approves the minutes of the review meeting.

4. Meeting Minutes:

a) Fully record all statements made during the meeting and must be signed by the Chairman and the Council Secretary;

b) Reflect the Chairman's conclusion on the level of review outcome of the program and materials according to the provisions of Clause 2 of this Article.

5. Within twelve days from the end of the review meeting, the review file of the program and materials must be submitted to the competent authority. The file includes:

a) Comments, evaluations, and review forms of the council members;

b) Minutes of the review meeting, clearly recording the Chairman's concluding opinion; voting results minutes;

c) The reviewed program or material。

6. Based on the conclusion of the Council, the competent authority shall consider and decide on the issuance of the program and materials.

6. Based on the Council's conclusions, the competent authority considers and decides on the issuance of the program and materials.

7. The budget for organizing the review is taken from the training and capacity building budget for officials, civil servants, and public employees included in the budget for drafting the program and materials.

Article 25. Issuance of Programs and Materials

1. The Minister, the head of a ministry-level agency, the head of an agency under the Government, the competent authority of the Communist Party of Vietnam, the heads of central political-social organizations, and the Chairperson of the People's Committee of a province decide on the issuance and guidance for implementation of programs within their management authority.

1. Training certificates for cadres, civil servants, and public officials include:

a) Training certificate for programs based on rank standards for civil servants and occupational title standards for public officials;

b) Training certificate for programs based on leadership and management position standards;

c) Training certificate for programs based on job position requirements, specialized knowledge, and skills.

2. The Ho Chi Minh National Political Academy, the National Administration Academy; training and development institutions; training and research institutions issue training certificates for these programs upon assignment to implement them.

3. Use of training certificates

a) A training certificate for a program based on rank standards for civil servants and occupational title standards for public officials is one of the conditions for cadres, civil servants, and public officials to register for promotion examinations, apply for higher ranks, and be eligible to study programs based on higher rank standards and occupational title standards;

b) A training certificate for a program based on occupational title standards for public officials can replace a training certificate for a program based on corresponding rank standards for civil servants, and vice versa. Training certificates for occupational title programs at the same level but in different specialties can replace each other;

c) A training certificate for a program based on job position requirements, specialized knowledge, and skills is one of the bases for evaluating the completion of tasks in a year by cadres, civil servants, and public officials;

d) Training certificates for cadres, civil servants, and public officials are valid nationwide. The Ministry of Home Affairs provides detailed guidelines for the format of training certificates for cadres, civil servants, and public officials.

Section 2

 TRAINING ORGANIZATION

1. The Ho Chi Minh National Political Academy organizes training for the following programs:

a) Programs for political theory training based on leadership and management position standards at the district level and equivalent; provincial department level and equivalent; ministry-level department and equivalent; Deputy Minister and equivalent;

b) Programs to enhance professional expertise, vocational skills, and pedagogical methods for political theory lecturers in the training and development system, training and research institutions;

c) Programs for political theory training based on rank standards for civil servants and occupational title standards for cadres, civil servants, and public officials;

d) Other training programs assigned by competent authorities.

2. The National Administration Academy organizes training for the following programs:

a) Programs for administrative management knowledge training before appointment to leadership and management positions at the district level and equivalent, provincial department level and equivalent, ministry-level department and equivalent, Deputy Minister and equivalent;

b) Programs for administrative management knowledge training based on senior clerk rank standards and equivalent;

c) Programs to enhance professional expertise, vocational skills, and pedagogical methods for administrative management lecturers in the training and development system, training and research institutions;

d) Other training programs assigned by competent authorities.

3. Provincial Party Schools organize training for the following programs:

a) Programs for political theory training based on leadership and management position standards at the division level and equivalent;

b) Programs for administrative management knowledge training before appointment to leadership and management positions at the division level and equivalent;

c) Programs for administrative management knowledge training based on clerk rank standards and equivalent; clerk rank standards and equivalent; senior clerk rank standards and equivalent;

d) Programs for leadership and management knowledge and skills training at the commune level;

đ) Other programs assigned by competent authorities;

4. Training and development institutions for cadres and civil servants under ministries, ministerial-level agencies, government agencies, central-level political-social organizations organize training for the following programs:

a) Programs for administrative management knowledge training before appointment to leadership and management positions at the division level and equivalent;

b) Programs for administrative management knowledge training based on clerk rank standards and equivalent; clerk rank standards and equivalent; senior clerk rank standards and equivalent;

c) Other programs assigned by competent authorities;

5. Ministries, ministerial-level agencies, government agencies, central-level political-social organizations, provincial People's Committees decide to assign tasks to implement occupational title-based training programs; job position requirement-based training programs, specialized knowledge, and skills for public officials to training and development institutions, training and research institutions that meet the prescribed conditions within their jurisdiction and send lists to the Ministry of Home Affairs for consolidation, monitoring, and management.

Article 28. Methods of Training

Training shall be conducted positively to enhance self-awareness, initiative, and creative thinking of learners, and to strengthen information exchange, knowledge, and experience sharing between instructors and trainees, as well as among trainees.

Article 29. Forms of Organizing Training

1. Concentrated.

2. Semi-concentrated.

3. Distance learning.

Article 30. Quality Assessment of Training

1. Quality assessment of training aims to provide information on the level of improvement in the ability to perform tasks and public service duties of civil servants and officials after training.

2. Evaluating training quality must ensure transparency, objectivity, and honesty.

3. Content of evaluating training quality includes:

a) Evaluating the quality of the training program;

b) Evaluating the quality of participants in the training course;

c) Evaluation of the quality of lecturers participating in the training course;

d) Evaluating the quality of facilities serving the training course;

d) Evaluation of the quality of the training course for civil servants and officials;

e) Evaluation of the effectiveness of training for civil servants and officials after training.

4. The quality assessment of training shall be organized and implemented by management agencies, units employing civil servants and officials, training and retraining institutions, or research and training institutions, or they may hire independent evaluation agencies.

5. The Ministry of Home Affairs shall provide detailed guidance on the quality assessment of training for civil servants and officials.

Section 3

TRAINING ABROAD

 WITH STATE BUDGET FUNDS

Article 31. Requirements

1. The selected country for sending civil servants and officials to study must meet the following requirements:

a) It must have a modern administrative system, experience in managing the field of study and research that can be applied in Vietnam;

b) Training and retraining institutions must have learning and research conditions, teaching methods that meet the objectives, contents, and programs of the training course.

2. Organizing overseas training must ensure transparency, quality, and effectiveness.

3. The dispatch of civil servants and officials for overseas training must be appropriate to the needs of the agency or unit.

Article 32. Conditions for Overseas Training

1. For training courses lasting less than one month, civil servants and officials must still have enough working age to work at least 18 months from the start of the training course.

2. For training courses lasting one month or more, civil servants and officials must still have enough working age to work at least two years from the start of the training course.

3. They must not be under consideration or disciplinary action, nor during the execution of disciplinary measures from reprimand upwards, and must not be in cases where they are not allowed to exit or enter the country according to the law.

4. Civil servants and officials dispatched for training must have satisfactorily completed their assigned tasks in the preceding year.

5. The specialty and vocational skills of civil servants and officials dispatched for training must be suitable for the content of the training course.

6. They must have health conditions meeting the requirements of the training course.

Chapter IV
INSTRUCTORS

Article 33. Lecturers Training Civil Servants and Officials

1. Lecturers of the Ho Chi Minh National Political Academy, the National Administration Academy, training and retraining institutions, research and training institutions; part-time lecturers.

2. Invited guest lecturers.

Article 34. Standards, Tasks, Benefits, and Policies for Lecturers Training Civil Servants and Officials

1. Standard

a) Loyalty to the Socialist Republic of Vietnam;

b) Firm political qualities and healthy lifestyle;

c) Meeting the qualification standards for professional training as prescribed;

d) Having theoretical political, state administration, computer science, foreign language, and pedagogical skills meeting job requirements;

đ) Meeting occupational health requirements;

e) Having a clear personal record, meeting political requirements.

2. Tasks

a) Preparing curricula, materials, and teaching according to regulations;

b) Conducting scientific and technological research;

c) Studying and enhancing professional qualifications.

3. Benefits and policies

a) The benefits and policies for lecturers of the Ho Chi Minh National Political Academy and the National Administration Academy shall be determined by the competent authority;

b) Lecturers of training and retraining institutions shall enjoy the benefits and policies of lecturers in higher education institutions.

4. The Ministry of Home Affairs shall provide detailed guidance on standards, tasks, benefits, and policies for lecturers of training and retraining institutions.

Article 35. Standards, tasks, systems, and policies for invited lecturers

1. REGARDING VIETNAMESE CITIZENS

b) Fulfilling teaching tasks accurately according to the content of the signed contract;

c) Receiving benefits and policies based on the signed contract and legal provisions.

2. Regarding foreigners

a) Having a political attitude consistent with the political system of the Socialist Republic of Vietnam and complying with Vietnamese laws;

b) Meeting the requirements for knowledge and teaching ability;

c) Receiving benefits and policies based on the signed contract and legal provisions.

Chapter V
EXPENSES, RIGHTS, AND RESPONSIBILITIES OF CIVIL SERVANTS AND STATE EMPLOYEES SENT FOR TRAINING AND DEVELOPMENT

PUBLIC SERVANTS SELECTED FOR TRAINING AND CAPACITY BUILDING

Article 36. Training and development expenses

1. Expenses for training and developing civil servants and state employees are provided from the state budget, management agencies, using agencies, civil servants and state employees, and organizations and individuals within and outside the country according to the provisions of the law.

The Ministry of Finance shall provide detailed guidance on this matter.

Article 37. Rights of civil servants and state employees sent for training and development

1. For civil servants and state employees sent for training and development within the country:

a) Shall be allocated time and funding according to regulations by the managing and using agencies;

b) Shall have their training and development time counted towards continuous service time;

c) Shall enjoy benefits and allowances as prescribed by law;

d) Shall be recognized and rewarded for outstanding results in training and development.

2. Civil servants and state employees sent for training and development abroad enjoy benefits as stipulated by law and regulations of their agencies and units.

3. Female civil servants and state employees, and ethnic minority civil servants and state employees, in addition to the benefits specified in Clauses 1 and 2 of this Article, also enjoy benefits as stipulated by laws on gender equality and ethnic affairs.

Article 38. Responsibilities of civil servants and state employees

1. Implementing regulations on training and developing civil servants and state employees.

2. Adhering to training regulations and being subject to management by training institutions during the course period.

3. Implementing regulations on compensating training costs.

Chapter VI
MANAGEMENT OF TRAINING AND DEVELOPMENT

Article 39. Tasks and authorities of the Ministry of Home Affairs

1. Drafting and submitting to competent authorities for issuance or issuing within its authority legal documents on training and developing civil servants and state employees.

2. Drafting and submitting to competent authorities for approval or issuing within its authority strategies, programs, and plans for training and developing civil servants and state employees; guiding the implementation of these strategies, programs, and plans after approval or issuance; monitoring and summarizing the results of training and developing civil servants and state employees of ministries, ministerial-level agencies, government agencies, central-level political-social organizations, and provincial People's Committees.

3. Planning, managing, and guiding the work of training state employees abroad using state budget funds. Organizing training courses for state employees abroad within its authority.

4. Summarizing needs, proposing training and development budgets to the Ministry of Finance for balancing and submission to competent authorities for approval; guiding ministries, ministerial-level agencies, government agencies, central-level political-social organizations, and provincial People's Committees to implement after approval by competent authorities.

5. Managing and compiling training programs and materials for civil servants and state employees within its authority.

6. Establishing basic standards for training and development institutions for civil servants and state employees.

7. Inspecting and supervising training and development activities for civil servants and state employees.

8. Organizing competitive activities and commendations in training and development of civil servants and state employees.

Article 40. Tasks and Authorities of Ministries, Agencies Equivalent to Ministries, Government Agencies, and Central Political-Social Organizations

1. Develop, issue, and implement training and capacity-building programs and plans for officials, civil servants, and public employees within their jurisdiction.

2. Implement training and capacity-building systems as prescribed.

3. Send officials, civil servants, and public employees to training and capacity-building programs according to their authority.

4. Organize overseas training and capacity-building courses for officials, civil servants, and public employees according to their authority.

5. Manage and compile training and capacity-building programs and materials for officials, civil servants, and public employees according to their authority.

6. To manage training institutions and the teaching staff within their authority.

7. Inspect and monitor the implementation of training and capacity-building policies and regulations according to their authority.

8. Ministries managing specialized public employees shall establish conditions for educational and research institutions to organize specialized public employee training programs.

Article 41. Tasks and Authorities of the Ministry of Finance

1. Balance and allocate funds for domestic and overseas training and capacity-building programs and submit them for approval by competent authorities.

2. To guide and inspect the management and use of training and improvement funds.

Article 42. Tasks and Authorities of Provincial People's Committees and Municipal People's Committees under Central Administration

1. Develop and issue incentive systems to encourage officials, civil servants, and public employees to continuously improve their knowledge and work capabilities; allocate funds to ensure effective implementation of training and capacity-building programs as prescribed.

2. Develop, issue, and implement training and capacity-building programs and plans for officials, civil servants, and public employees within their jurisdiction.

3. Implement training and capacity-building systems as prescribed.

4. Send officials, civil servants, and public employees to training and capacity-building programs according to their authority.

5. Manage and compile training and capacity-building programs and materials for officials, civil servants, and public employees according to their authority.

6. To manage training institutions and the teaching staff within their authority.

7. Inspect and monitor the implementation of training and capacity-building policies and regulations according to their authority.

Article 43. Responsibilities of Units Employing Officials, Civil Servants, and Public Employees

1. Implementing regulations on training and developing civil servants and state employees.

2. Propose the compilation and selection of training and capacity-building programs that meet the requirements of job positions for officials, civil servants, and public employees.

3. Create conditions for officials, civil servants, and public employees to implement training and capacity-building programs as prescribed.

Article 44. Reporting System on Training and Capacity-Building for Officials, Civil Servants, and Public Employees

1. Ministries, agencies equivalent to ministries, government agencies, central political-social organizations, and provincial people's committees have the responsibility to submit annual reports on the results of training and capacity-building for officials, civil servants, and public employees to the Ministry of Home Affairs before January 31 of the following year or as required by competent authorities.

2. Personnel Organization Departments of ministries, agencies equivalent to ministries, government agencies, and central political-social organizations; Provincial Home Affairs Departments of provinces and centrally-administered cities are responsible units assisting ministers, heads of agencies equivalent to ministries, heads of government agencies, leaders of central political-social organizations, and chairmen of provincial people's committees in state management of training and capacity-building for officials, civil servants, and public employees to compile and submit the results of such training and capacity-building to competent authorities.

Chapter VII
IMPLEMENTING PROVISIONS

1. This Decree takes effect from October 21, 2017.

2. This Decree replaces Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government on Training and Capacity-Building for Civil Servants.

3. Abolish Articles 32, 33, 34, 35, and 36 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on Recruitment, Employment, and Management of Public Employees.

Article 46. Responsibility for Implementation

Ministers, heads of agencies equivalent to ministries, heads of government agencies, leaders of central political-social organizations, chairmen of provincial people's committees, heads of management agencies, and units employing officials, civil servants, and public employees are responsible for implementing this Decree./.