Ordinance No. 11/2003/PL-UBTVQH11 Amending and Supplementing Certain Articles of the Civil Servant Law

ORDINANCE

OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY NO. 11/2003/PL-UBTVQH11
DATE OF AUGUST 29, 2003 AMENDING AND COMPLEMENTING CERTAIN ARTICLES
OF THE ORDINANCE ON CIVIL SERVANTS

Pursuant to the Constitution of the Socialist Republic of Vietnam promulgated in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly, session 10;

Pursuant to Resolution No. 12/2002/QH11 dated December 16, 2002 of the 11th National Assembly, session 2 on the Program for Building Laws and Ordinances of the National Assembly during the 11th tenure (2002-2007) and in 2003;

This Ordinance amends and supplements certain articles of the Ordinance on Civil Servants which was adopted by the Standing Committee of the National Assembly on February 26, 1998.

Article 1

Amending and supplementing certain articles of the Ordinance on Civil Servants:

1. Article 1 shall be amended and supplemented as follows:

"Article 1

1. Civil servants as defined in this Ordinance are Vietnamese citizens within the establishment, including:

a) Persons elected to hold positions for a term in state agencies, political organizations, political-social organizations at the central level; at provincial level; at district level, urban districts, towns under provinces (hereinafter referred to collectively as provincial level); at county level, urban districts, towns under counties (hereinafter referred to collectively as county level);

b) Persons recruited, appointed, or assigned to regularly work in political organizations, political-social organizations at the central level, provincial level, county level;

c) Persons recruited, appointed to a civil service rank or assigned to hold a public office regularly in state agencies at the central level, provincial level, county level;

d) Persons recruited, appointed to a vocational rank or assigned to hold a regular duty in state-owned units, political organizations, political-social organizations;

đ) Judges of the People's Court, Prosecutors of the People's Procuracy;

e) Persons recruited, appointed, or assigned to regularly work in agencies, units under the People's Army that are not officers, professional military personnel, defense workers; working in agencies, units under the People's Public Security that are not officers, professional non-commissioned officers;

g) Persons elected to hold positions for a term in the Standing Committee of the People's Council, People's Committee; Secretary, Deputy Secretary of the Party Committee; heads of political-social organizations at commune, ward, town levels (hereinafter referred to collectively as commune level);

h) Persons recruited, assigned to a specialized professional position in the People's Committee at the commune level.

2. Civil servants as defined in points a, b, c, đ, e, g, and h Clause 1 of this Article shall be entitled to salary from the State budget; civil servants as defined in point d Clause 1 of this Article shall be entitled to salary from the State budget and other sources of income from public services according to the provisions of the law."

2- Article 5 is amended and supplemented as follows:

"Article 5

1. The Standing Committee of the National Assembly, political organizations, political-social organizations shall specify the application of this Ordinance to persons elected who do not fall within the scope of the objects defined in points a and g Clause 1 of Article 1 of this Ordinance.

2. The Government shall specify the application of this Ordinance to officers, professional military personnel, defense workers in agencies, units under the People's Army; officers, professional non-commissioned officers in agencies, units under the People's Public Security; members of the Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and other management staff in state-owned enterprises."

3- Supplement Article 5a following Article 5 as follows:

"Article 5a

The Government shall specify the positions, standards, obligations, rights, things not allowed to do, and other policies for civil servants at the commune level as defined in points g and h Clause 1 of Article 1 of this Ordinance."

4- Supplement Article 5b following Article 5a as follows:

"Article 5b

1. The probationary civil servant system shall be applied in agencies, organizations employing civil servants as defined in points b and c Clause 1 of Article 1 of this Ordinance. Persons recruited as probationary civil servants must meet the qualifications and conditions stipulated by law.

2. Based on the provisions of this Ordinance, the Government shall specify the recruitment, utilization, obligations, rights, things not allowed to do, and other policies for probationary civil servants."

5- Article 22 is amended and supplemented as follows:

"Article 22

Persons elected as defined in point a Clause 1 of Article 1 of this Ordinance when ceasing to hold their positions shall be arranged employment according to their capabilities, specialties, and professional fields and shall be guaranteed the policies and benefits for civil servants."

6- Article 23 is amended and supplemented as follows:

"Article 23

1. When recruiting civil servants as defined in points b, c, đ, e and h Clause 1 of Article 1 of this Ordinance, agencies, organizations must base on the job requirements, position of the civil servant post, and the staffing quota allocated.

2. When recruiting civil servants as defined in , Đ d Clause 1 of Article 1 of this Ordinance, public service units must base on the job requirements, staffing plan, and financial resources of the unit. Recruitment shall be carried out through a labor contract.

3. Persons recruited as civil servants as defined in points b and c Clause 1 of Article 1 of this Ordinance must go through the probationary civil servant system.

4. Recruits must have moral qualities, meet the criteria, and pass examinations; for recruitment in public service units, remote areas, ethnic minority regions, border areas, islands, or to meet the needs of building a cadre of civil servants in ethnic minority regions, it may be conducted through selection.

The Government shall specify the detailed examination and selection systems."

7- Clause 1 of Article 32 is amended and supplemented as follows:

"1. Civil servants as defined in points b, c, d, đ, e and h Clause 1 of Article 1 of this Ordinance shall cease work and enjoy severance benefits in the following cases:

a) Due to organizational restructuring, reduction in staffing according to the decision of the competent agency, organization, unit;

b) Having the desire to cease work and obtaining the consent of the competent agency, organization, unit.

The Government shall specify the severance policies and benefits for these cases."

8- Article 33 is amended and supplemented as follows:

"Article 33

Management of civil servants includes:

1. Issuing and implementing legal regulations, charters, and rules regarding civil servants;

2. Developing plans and programs for building a cadre of civil servants;

3. Specifying job titles and standards for civil servants;

4. Decree on the staffing of civil servants in central state agencies; stipulates administrative and public service staffing norms for People's Committees; guides staffing norms in central state public service units;

5. Organizes the management, utilization, and delegation of management of civil servants;

6. Enacts recruitment regulations, promotion policies; probationary and trial period systems;

7. Training, developing, and evaluating civil servants;

8. Directing and implementing salary systems and incentive, commendation, and disciplinary policies for civil servants;

9. Implements statistics on civil servants;

10. Inspects and supervises the implementation of laws and regulations concerning civil servants;

11. Directs and organizes the resolution of complaints and reports against civil servants."

9- Article 36 is amended and supplemented as follows:

"Article 36

1. The Government decides on the staffing and management of civil servants working in central state administrative agencies; stipulates administrative and public service staffing norms for People's Committees; guides staffing norms in central state public service units.

2. The Ministry of Home Affairs assists the Government in implementing the management of civil servants as provided in Clause 1 of this Article.

3. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally governed city People's Committees implement the management of civil servants according to the delegation of the Government and in accordance with the law."

10- Article 38 is amended and supplemented as follows:

"Civil servants specified in points b, c, d, đ, e and h Clause 1 of this Ordinance who achieve outstanding results in performing their duties and public services shall be considered for promotion and salary increase ahead of schedule as prescribed by the Government."

11- Clause 1 and Clause 2 of Article 39 are amended and supplemented as follows:

"1. Civil servants specified in points b, c, d, đ, e and h Clause 1 of this Ordinance who violate legal provisions, if not reaching the level of criminal prosecution, must bear one of the following disciplinary measures depending on the nature and severity of the violation:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Downgrading;

d) Dismissal from office;

e) Compulsory termination of employment.

Disciplinary actions fall within the jurisdiction of the agency, organization, or unit managing the civil servant.

2. The removal and disciplinary action against civil servants specified in point a and point g Clause 1 of Article 1 of this Ordinance shall be carried out in accordance with the law and the charter of political organizations and political-social organizations."

12- Article 42 is amended and supplemented as follows:

"Civil servants specified in points b, c, d, đ, e and h Clause 1 of this Ordinance who are disciplined have the right to appeal the disciplinary decision to the competent authority in accordance with the law.

Civil servants specified in points b, c, d, đ, e and h Clause 1 of this Ordinance holding positions from Deputy Director and equivalent downwards who are dismissed have the right to initiate administrative litigation at the Court in accordance with the law."

13- Paragraph 1 of Article 43 is amended and supplemented as follows:

"Civil servants specified in points b, c, d, đ, e and h Clause 1 of this Ordinance who are disciplined with a warning, reprimand, or dismissal shall have their salary increment period extended by one year; in cases where they are disciplined with any form from warning to dismissal, they shall not be appointed to higher positions for at least one year from the date of the disciplinary decision."

Article 2

This Ordinance takes effect from July 1, 2003.

Article 3

1. The Government shall provide detailed regulations and guidance on the implementation of this Ordinance.

2. Based on this Ordinance, political organizations and political-social organizations shall specify the implementation for civil servants under their management authority.