Circular No. 11/2012/TT-BNV on the reporting system for statistical purposes and management of civil servant files

CIRCULAR

Regulations on the reporting system and management of civil servant files

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

Decree No. Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 24/2010/NĐ-CP);

Decree No. Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government on persons who are civil servants (hereinafter referred to as Decree No. 06/2010/NĐ-CP);

Decree No. Decree No. 92/2009/NĐ-CP dated October 22, 2009 on positions, number, and certain policies for cadres and civil servants at commune, ward, town levels and non-professional staff at commune level (hereinafter referred to as Decree No. 92/2009/NĐ-CP);

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

Considering the proposal of the Director of the Civil Servant and Public Official Department;

The Minister of Home Affairs issues this Circular on regulations regarding the reporting system and management of civil servant files,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the periodic or ad hoc reporting system on the cadre and civil servant workforce (civil servants at district level and above and cadres and civil servants at commune, ward, town levels hereinafter collectively referred to as civil servants); forms for reporting on civil servants; the management system of civil servant files and the responsibilities of agencies, organizations, units, and individuals in implementing the reporting system on civil servants and managing their files.

Article 2. Applicability

1. On the reporting system for civil servants

This Circular applies to:

a) The civil servant management agency as prescribed in Clause 2 Article 2 of Decree No. 24/2010/NĐ-CP includes:

- Authority bodies of the Communist Party of Vietnam, political-social organizations;

- Provincial Party Committees directly under the Central Committee;

- Office of the President, Office of the National Assembly, State Audit Agency;

- Supreme People's Court, Supreme People's Procuracy;

- Ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister that are not public service units;

- People's Committees of provinces and centrally governed cities.

b) Civil servants as prescribed in Decree No. 06/2010/NĐ-CP;

c) Cadres and civil servants at commune, ward, town levels as prescribed in Clause 1, Clause 2 Article 3 of Decree No. 92/2009/NĐ-CP, including:

- Cadres holding the following positions at commune, ward, town levels:

+ Secretary, Deputy Secretary of the Party Committee;

+ Chairman, Deputy Chairman of the People's Council;

+ Chairman, Deputy Chairman of the People's Committee;

+ Chairman of the Vietnam Fatherland Front Committee;

+ Secretary of the Ho Chi Minh Communist Youth Union;

+ Chairman of the Vietnam Women's Union;

+ Chairman of the Vietnam Farmers' Union (applicable to communes, wards, towns with agricultural, forestry, fishery, salt industry activities and having a Farmers' Union organization);

+ Chairman of the Vietnam Veterans Association.

- Civil servants holding the following positions at commune, ward, town levels:

+ Chief of Police;

+ Military Commander;

+ Office - Statistics;

+ Land Administration - Construction - Urban Environment (for wards, towns) or Land Administration - Agriculture - Construction - Environment (for communes);

+ Finance - Accounting;

+ Justice - Household Registration;

+ Culture - Social Affairs.

2. On the management of civil servant files

This Circular applies to:

a) The civil servant management agencies as prescribed in Points c, d, đ, and e Clause 2 Article 2 of Decree No. 24/2010/NĐ-CP, including:

- Office of the President, Office of the National Assembly, State Audit Agency;

- Supreme People's Court, Supreme People's Procuracy;

- Ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister that are not public service units;

- People's Committees of provinces and centrally governed cities.

b) Civil servants as prescribed in Articles 4, 5, 6, 7, 8, 10, and 11 of Decree No. 06/2010/NĐ-CP (excluding civil servants managed by authority bodies of the Communist Party of Vietnam);

c) Cadres and civil servants at commune, ward, town levels as prescribed in Point c Clause 1 of this Article.

3. The establishment and management of civil servant files in party agencies, Vietnam Fatherland Front, and political-social organizations shall be guided by authority bodies of the Communist Party of Vietnam.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. "Civil servant management agency" means an agency, organization, unit entrusted with the authority to recruit, appoint, promote rank, increase salary, terminate employment, retirement, resolve benefits, policies, and rewards and punishments for civil servants, as prescribed in Clause 2 Article 7 of the Civil Servant Law.

2. "Agency utilizing civil servants" means an agency, organization, unit entrusted with administrative management authority, assignment, deployment, and supervision of the performance of duties and powers of civil servants, as prescribed in Clause 1 Article 7 of the Civil Servant Law.

3. "Civil servant reporting system" refers to activities implementing periodic or ad hoc reporting on the quantity and quality of the civil servant workforce according to the requirements of the civil servant management agency.

Article 4. Civil Servant Files and Original Files

1. Civil servant files are legal documents reflecting the most basic information about civil servants, including: origin, educational history, work experience, economic circumstances, character, qualifications, capabilities, family and social relationships of the civil servant, as reflected in the curriculum vitae, diplomas, certificates, and other related documents, updated during the civil servant's career from the date of recruitment.

2. Original files of civil servants: are the civil servant files established and confirmed for the first time by the competent authority managing civil servants when the civil servant is recruited according to the provisions of the law.

Chapter II
REGIME OF REPORTING AND STATISTICAL RECORDS OF CIVIL SERVANTS

Article 5. General Provisions on the Regime of Reporting and Statistical Records of Civil Servants

Annually, or upon the urgent request of the Ministry of Home Affairs, the authority managing civil servants directs agencies, organizations, and units under its jurisdiction to prepare statistical reports on the number, quality, list, and salary of civil servants of the previous year, to be reported to the authority managing civil servants by March 31 of the following year according to a unified form. The authority managing civil servants compiles these reports and sends them to the Ministry of Home Affairs by June 30 of the following year, including:

1. Content of the statistical report on the number, quality, list, and salary of civil servants according to the form issued together with this Circular;

2. The reporting period for the statistical report on the number, quality, list, and salary of civil servants is up to December 31 of each year, including:

a) Reports from agencies, organizations, and units under the jurisdiction of the authority managing civil servants sent to the Personnel Department (or Bureau) or the Department of Home Affairs before March 31 of the following year;

b) Reports from the authority managing civil servants sent to the Ministry of Home Affairs before June 30 of the following year;

c) In cases where urgent reports are required, they shall be carried out according to the guidance of the Ministry of Home Affairs and the competent authority.

3. The statistical report on the number, quality, list, and salary of civil servants sent to the Ministry of Home Affairs shall be in two forms: in writing (with signature and seal of the head of the authority managing civil servants) and electronic report via email at the address: [email protected].

Article 6. Statistical Report on the Number and Quality of Civil Servants

Annually, on June 30 of the following year, or at the time of urgent reporting as requested by the Ministry of Home Affairs and the competent authority, the authority managing civil servants directs agencies, organizations, and units under its jurisdiction to compile statistics on the number and quality of civil servants up to December 31 of the previous year, to be sent to the Ministry of Home Affairs, including:

1. Statistics on the number and quality of civil servants in agencies, organizations, and units under the jurisdiction of the authority managing civil servants up to December 31 of the previous year according to Form No. 01 (abbreviated as BM01/BNV) issued together with this Circular;

2. Statistics on the number and quality of village-level cadres and civil servants up to December 31 of the previous year according to Form No. 02 (abbreviated as BM02/BNV) issued together with this Circular.

Article 7. Statistical Report on the List and Salary of Civil Servants

Annually, on June 30 of the following year, or at the time of urgent reporting as requested by the Ministry of Home Affairs and the competent authority, the authority managing civil servants directs agencies, organizations, and units under its jurisdiction to prepare the list and salary of civil servants up to December 31 of the previous year, to be sent to the Ministry of Home Affairs, including:

1. The list and salary of civil servants from the district level and above within the scope of management according to Form No. 03 (abbreviated as BM03/BNV) issued together with this Circular, then compiled and sent to the Ministry of Home Affairs for compilation and reporting to the Government and the Prime Minister according to current regulations;

2. The list and salary of village-level cadres and civil servants within the scope of management according to Form No. 04 (abbreviated as BM04/BNV) issued together with this Circular, then compiled and sent to the Ministry of Home Affairs for compilation and reporting to the Government and the Prime Minister according to current regulations;

Chapter III
MANAGEMENT OF CIVIL SERVANT FILES

Article 8. Principles for Managing Civil Servant Files

1. The management of civil servant files is the responsibility of the civil servant management agency. Strictly prohibit the dissemination of information contained in civil servant files.

2. The work of building and managing civil servant files must be carried out uniformly and scientifically, reflecting fully and accurately the information of each civil servant from the time of recruitment until they leave the state agency, organization, or unit.

3. Civil servant files shall be managed, used, and preserved according to the confidential document regime prescribed by the State. Only those individuals who have been approved in writing by the agency or person authorized to manage civil servant files may study, use, and exploit the files of civil servants.

4. Civil servants are responsible for declaring all information completely, clearly, and accurately, and bear responsibility for the truthfulness of the information declared and provided in their files. Declarations made by civil servants must be verified and certified by the competent authority managing civil servants.

5. Civil servant files should be constructed, stored, and preserved in electronic form to facilitate efficient management, use, and exploitation of the files in accordance with the requirements for managing civil servants.

Article 9. Construction and Components of Civil Servant Files

1. For newly recruited civil servants

Within thirty days from the date of the recruitment decision, the agency managing civil servant files has the responsibility to guide civil servants in declaring, organize verification, and verify the authenticity of the information declared by the civil servants themselves, compare with the recruitment file and the Criminal Record Form issued by the Department of Justice at the place of permanent residence, report to the head of the agency managing civil servants for confirmation, stamping, and inclusion in the management file. At the same time, guide civil servants to complete the original file components including:

a) The "Civil Servant and Cadre Resume" is the main and mandatory component of the civil servant file reflecting comprehensively about the individual, family, and social relationships of the civil servant. The "Civil Servant and Cadre Resume" is declared by the civil servant and verified, confirmed, and certified by the competent authority managing civil servants.

b) The "Summary Resume of Civil Servants and Cadres" is an important document reflecting briefly about the individual, family, and social relationships of the civil servant. The summary resume is declared by the civil servant or recorded by the responsible person from the "Civil Servant and Cadre Resume" stipulated in Point a Clause 1 of this Article and other supplementary documents of the civil servant, verified and certified by the competent authority managing civil servants. The "Summary Resume of Civil Servants and Cadres" follows Model 2C-BNV/2008 issued together with Decision No. 02/2008/QĐ-BNV dated October 6, 2008, of the Minister of Home Affairs on the issuance of forms for managing civil servant and cadre files (hereinafter referred to as Decision No. 02/2008/QĐ-BNV).

c) The "Brief Biography" is extracted from the "Civil Servant and Cadre Resume" stipulated in Point a Clause 1 of this Article, summarized, confirmed, and stamped by the agency, organization, or unit authorized to manage civil servants for use in managing cadres and civil servants when required.

d) A certified copy of the original birth certificate, health certificate issued by a medical unit at the district level or higher, and related documents regarding the educational qualifications of the civil servant such as grade sheets, diplomas, certificates of specialized training, political theory, foreign languages, computer skills, and vocational training must be certified by the competent authority. In cases where diplomas and certificates are issued in a foreign language, they must be translated into Vietnamese in accordance with the provisions of the law and certified by the competent authority.

đ) Decisions on recruitment or examination and acceptance of civil servants.

2. For currently serving civil servants

The original file components as prescribed in Clause 1 of this Article and other file components prescribed for currently serving civil servants include:

a) The "Supplementary Resume of Civil Servants and Cadres" is a document declared annually or upon request by the competent authority managing civil servants. The "Supplementary Resume of Civil Servants and Cadres" must be verified and certified by the civil servant management agency.

b) Decisions on the examination and transfer, appointment, reassignment, rotation, detail assignment, promotion, salary increase, commendation, and disciplinary action of civil servants;

c) Self-assessment reports and annual performance evaluations of the agencies using civil servants;

d) Comments and evaluations of the agencies, organizations, or units authorized to manage civil servants (annually, at the end of terms, elections, appointments, nominations, rotations, commendations, disciplinary actions, or after periods of work or study summaries);

đ) Declarations of assets for civil servants required to declare assets under current regulations;

e) Applications, letters, and accompanying documents for verification, investigation, minutes, conclusions of the agencies, organizations, or units authorized regarding issues related to civil servants and their families reflected in the applications and letters. Anonymous applications and letters that have not been reviewed and concluded by the competent authority shall not be retained in the file components;

g) Other relevant documents directly related to the work process and social relations of the civil servant;

h) For civil servants appointed to leadership positions, all relevant documents related to the appointment must be supplemented to the civil servant's file.

3. For retired, disabled, transferred, detailed, rotated, resigned, compulsorily dismissed, or deceased civil servants

Within thirty days from the date of the retirement, disability, transfer, detail assignment, rotation, resignation, compulsory dismissal decision or the death of the civil servant, the management of the civil servant's file shall be implemented as prescribed in Clause 3 of Article 12 of this Circular.

4. The original personnel files of civil servants specified in Points a, b, and c Clause 1 of this Article shall be uniformly issued by the Ministry of Home Affairs pursuant to Decision No. 06/2007/QĐ-BNV dated June 18, 2007, of the Minister of Home Affairs on the components of cadres' and civil servants' files and management forms for cadres' and civil servants' files (hereinafter referred to as Decision No. 06/2007/QĐ-BNV) and Decision No. 02/2008/QĐ-BNV. Original files of civil servants are historical archival materials with permanent preservation periods. In cases where the original file components are missing or there is no original file, the construction and completion of civil servant files shall be carried out as follows:

a) When a civil servant lacks the original file components or has no original file as stipulated in Clause 1 of this Article, the civil servant management agency shall be responsible for requiring the civil servant to complete and supplement the original file components within thirty days from the date of discovery of the absence or lack of original file components, in accordance with Clause 2 of Article 11 of this Circular on the system for supplementing and correcting civil servant file data.

b) If it is not possible to fully complete and supplement the original file components as prescribed in Point a of this Clause, then based on the original birth certificate, other file components shall be completed, or a new civil servant file shall be established according to Clause 1 of this Article as if for newly recruited civil servants.

Article 10. Forms for managing civil servant files

National uniform forms for managing civil servant files shall be uniformly issued and implemented by the Ministry of Home Affairs in accordance with Decision No. 06/2007/QĐ-BNV and Decision No. 02/2008/QĐ-BNV.

Article 11. System for Supplementing and Correcting Civil Servant File Data

1. System for Supplementing Civil Servant Files

Annually, no later than January 15 of the following year or upon request from the state management agency regarding civil servant files, the civil servant management agency shall guide civil servants to declare and supplement information related to themselves, family relations, and social relations of the previous year, and confirm to supplement into their civil servant files, specifically as follows:

a) The "Supplementary Cadre and Civil Servant Profile Form" must be confirmed by the employing agency and the civil servant management agency to be supplemented into the civil servant file components.

b) In cases where the supplementary information declared by the civil servant is incomplete, inaccurate, or fraudulent, the declarer shall bear responsibility before the civil servant management agency and the law.

a) Within thirty days from the date of determining that the file is lost or damaged, the civil servant management agency shall be responsible for reviewing, verifying, guiding the civil servant to declare and complete the file in accordance with Clause 1 of Article 9 of this Circular.

b) After the civil servant has declared and completed the file, the head of the civil servant management agency shall issue a decision to review and verify. The tasks of reviewing and verifying include:

Checking file components: directly reviewing and verifying actual file components; in cases where the information in the file components does not match, the civil servant file management agency shall request the civil servant management agency to send a document to the provincial-level judicial authority or higher for review and verification, and to notify the results in writing to the civil servant management agency. For diplomas and certificates issued by foreign agencies, organizations, or units outside Vietnam's territory, the civil servant file management agency shall request the civil servant management agency to send a document to the diplomatic mission in Vietnam of the issuing country to verify the legality of the diploma or certificate. Alternatively, the civil servant management agency may send a document directly to the competent authority issuing the diploma or certificate to verify its legality and conclude the results of the review and verification to be filed in the file.

The review and verification process shall be conducted within ninety days from the date of the decision to review and verify by the competent authority managing civil servants.

c) There is no need to review and verify in the following cases when the file is lost or damaged:

- File components that are lost or damaged but are not original files as defined in Clause 1 of Article 9 of this Circular shall be supplemented according to the provisions on supplementing files as stipulated in Clause 1 of this Article;

- File components that are lost but have been found and supplemented, matching the information with other components in the original file, or have been reviewed and verified by a provincial-level judicial authority or higher and confirmed as legitimate.

d) The head of the civil servant management agency shall send a document to the Ministry of Home Affairs to seek consensus before deciding not to review and verify in cases of lost or damaged civil servant files as stipulated in Point c of Clause 2 of this Article.

a) In cases where the information in the civil servant's file (date of birth, name, middle name) does not match between file components, the original file established when the civil servant was first recruited to a state agency, organization, or unit shall be used as the basis, including information in the party member file if applicable.

b) In cases where file components do not match, the original birth certificate, household registration book, insurance book, and party member file (if the civil servant is a party member) shall be used to complete, supplement, and unify with the original birth certificate.

a) A letter of request signed by the head or deputy head of the civil servant management agency in accordance with Point d of Clause 2 of this Article.

b) The minutes concluding the audit and verification for cases of damage, loss, and data correction in the original personnel file of civil servants.

Article 12. Transfer and reception of civil servant files

1. Method of receiving civil servant files

Civil servants who are transferred, rotated, changed to another rank, or village-level cadres and civil servants who are considered for transfer to become civil servants at the district level or higher must have their old file management agencies hand over the full file when the competent authority receives them.

2. The time limit for receiving files is thirty days from the date the civil servant has a decision on changing ranks, transfer, rotation, or dispatch, or village-level cadres and civil servants who are considered for transfer to become civil servants at the district level or higher.

Files received must meet the following requirements:

a) Fill out the file transfer form according to the model prescribed in Clause 7 and Clause 8 of Article 1 of Decision No. 06/2007/QĐ-BNV;

b) Check the sealing, postmark (if sent via postal service), and confirm the condition of the received documents on the file transfer form and return this form to the transferring party or send a written response confirming the sealing condition;

c) Record the handover and receipt of files according to the model prescribed in Clause 2 of Article 1 of Decision No. 02/2008/QĐ-BNV;

d) Number the file, list the documents, control the file, register the file, and prepare the handover and receipt minutes;

đ) The transfer of files is carried out by the civil servant management agency.

3. For retired civil servants, those changing jobs, resigning, or being dismissed due to disciplinary actions, and those deceased, the transfer and storage of files shall be handled as follows:

a) Retired civil servants, those resigning, or those dismissed due to disciplinary actions shall receive a copy of the "Curriculum Vitae of Cadres and Civil Servants" and related decisions. The original file will still be kept and preserved by the agency, organization, or unit authorized to manage civil servant files and placed in the category of retired civil servants. The authorized civil servant management agency may only confirm and issue a copy of the "Curriculum Vitae of Cadres and Civil Servants" based on the stored original file upon written request;

b) In the case of deceased civil servants, the family shall receive a copy of the "Curriculum Vitae of Cadres and Civil Servants". The original file will still be kept and preserved by the agency, organization, or unit managing civil servant files;

c) For civil servants changing jobs or leaving state agencies, organizations, or units, they shall receive a copy of the "Curriculum Vitae of Cadres and Civil Servants" of themselves. The original file will still be kept and preserved by the agency, organization, or unit managing the civil servant and will only be transferred to other managing agencies, organizations, or units upon written request.

Article 13. Researching, using, and exploiting civil servant files

1. The subjects entitled to research, use, and exploit civil servant files include:

a) Civil servant management agencies, agencies employing civil servants, and agencies managing civil servant files may research, use, and exploit files to serve work requirements;

b) In necessary cases, with the consent of the head of the agency managing civil servant files, civil servants may research their entire or partial files or request the file management agency to provide a copy of their "Curriculum Vitae" for administrative transactions.

2. Regulations on researching civil servant files:

a) Must have an introduction letter from the authorized agency, organization, or unit managing civil servants specifying the address, position, and details of the file research request. These requests must be clearly recorded in the "Civil Servant File Research Form" as stipulated in Clause 9, Article 1 of Decision No. 06/2007/QĐ-BNV;

b) Research can only take place at the location where the civil servant files are stored;

c) Only materials (or parts thereof) related to assigned tasks and work can be viewed;

d) Altering the content and form of civil servant files, such as marking, erasing, correcting, adding, or removing existing materials in the files, is prohibited;

đ) Photocopying relevant materials within the civil servant file is allowed with the agreement of the head of the agency, organization, or unit managing the files.

3. Duties of civil servants directly involved in managing civil servant files:

a) Provide accurate and complete materials to those researching or exploiting civil servant files according to the "Civil Servant File Research Form" approved by the head of the agency, organization, or unit managing the files;

b) Check the condition of the files when returning them to ensure they are in the same state as when borrowed and record the file research tracking log as specified in Clause 10, Article 1 of Decision No. 06/2007/QĐ-BNV;

c) Make copies of files for those researching or exploiting files according to the "Civil Servant File Research Form" approved by the head of the file management agency.

Article 14. Storing and preserving civil servant files

1. Storing and preserving civil servant files must be carried out through the following steps: creating a file register; classifying documents; listing document sheets; setting up file control sheets and registering files; creating file directories to facilitate search operations.

2. Storing civil servant files must meet the following requirements:

a) Files should be arranged alphabetically by name initials A, B, C or by organizational affiliation to ensure easy access, visibility, retrieval, preservation, and prevent damage, loss, or deterioration of files;

b) Documents within each civil servant file should be organized into separate groups and ordered chronologically for easy reference, accompanied by a document list sheet, file control sheet, and placed in a file folder;

c) Outside the file folder, information about the civil servant should be recorded for search and storage purposes, including: full name; aliases; place of origin and file number (civil servant code if applicable);

d) File storage should be conducted concurrently with paper file storage and scanned file storage, saved as electronic files on computers for quick reference and reporting on file management, ensuring security and accuracy.

3. The process of storing civil servant files shall be carried out as follows:

a) Inspect and process to ensure that the documents stored in the file components are official, reliable, and legally valid;

b) Remove duplicate documents, retaining only one copy of each type. Damaged documents (faded, torn) must be restored or copied and kept alongside the original;

c) When it is necessary to destroy documents in the civil servant file component, a Committee for Destroying Civil Servant File Documents must be established. The Committee for Destroying Civil Servant File Documents is decided by the head of the civil servant management agency. During destruction, a record must be made detailing the reasons for destruction, the authority permitting the destruction of file documents, the list of destroyed documents, the date and location of destruction. The destruction record must be kept in the civil servant file component.

4. The preservation system for civil servant files must comply with state confidentiality regulations and must ensure material conditions and equipment, including:

a) Equipment and means for preserving paper files include: cabinets, safes (for secret, top-secret, and absolutely secret documents), filing racks, tables and chairs, air conditioners, dehumidifiers, vacuum cleaners, exhaust fans, fire alarm devices, fire extinguishers, anti-mold, mildew, insect, and rodent treatments, adhesive tape... ensuring long-term preservation of civil servant files;

b) Regular monthly or quarterly inspections or spot checks of file conditions and related issues, cleaning, and maintenance of preservation equipment;

c) Annual comprehensive inspections and adjustments of files;

d) If stored according to computerized storage regulations as stipulated in Point d, Clause 2 of this Article, security, safety, and computer network security must be ensured, avoiding unauthorized copying and modification of files;

đ) Civil servants engaged in file management are entitled to hazardous duty allowances as prescribed by state regulations on hazardous duty allowances.

5. The head of the civil servant management agency is responsible for preserving and managing civil servant files in accordance with the specific provisions of this Article.

Article 15. Procedures and formalities for reporting on the management of civil servant files

1. Time for reporting on the management of civil servant files:

a) Annually, no later than January 30 of the following year, organizational units and subordinate agencies shall report on the management of civil servant files to the agency responsible for managing civil servants for consolidation and reporting to the Ministry of Home Affairs;

b) Annually, no later than March 31 of the following year, the agency responsible for managing civil servants shall report on the implementation of the management of civil servant files of their agencies, organizations, and units to the Ministry of Home Affairs for consolidation and reporting to the Government and the Prime Minister.

2. Content and procedures for reporting on the management of civil servant files

The agency responsible for managing civil servants shall periodically report to the Ministry of Home Affairs on the management of civil servant files as follows:

a) Evaluation of the implementation of the regulations on the management of civil servant files including:

The agency responsible for managing civil servant files shall periodically, annually or upon request of the agency responsible for managing civil servants, inspect and evaluate the implementation of the management of civil servant files according to this Circular, Decision No. 02/2008/QĐ-BNV, and Decision No. 06/2007/QĐ-BNV, then consolidate the results for the agency responsible for managing civil servants to report to the Ministry of Home Affairs as prescribed;

The agency responsible for managing civil servants shall propose and supplement improvements to the regulations on the management of civil servant files to be issued by the competent authority and report to the agency responsible for managing civil servants of the Ministry of Home Affairs for coordination in implementation;

The agency responsible for managing civil servants shall propose and supplement improvements to the regulations on the management of civil servant files to be issued by the competent authority and report to the agency responsible for managing civil servants of the Ministry of Home Affairs for coordination in implementation;

The agency responsible for managing civil servants of the Ministry of Home Affairs shall consolidate the implementation, supplement and improve the regulations on the management of civil servant files to be submitted to the competent authority for unified issuance nationwide.

b) Content of reports on the current status of the quantity and quality of civil servant files of the agency and unit, and evaluation of the results of research, use, and exploitation of files to serve the management of the civil servant workforce of the agency, organization, and unit including:

Report on the number of new files established (new recruitment files, including new files established due to loss or damage), files of promoted civil servants, transferred, reassigned, rotated, detailed, and transferred civil servants, and files of village-level cadres and civil servants reviewed for promotion to higher-level civil servants;

Report on the number of files of civil servants who have ceased work, been compulsorily dismissed, retired, lost capacity, and deceased;

Report on the number of damaged and lost files and the repair of information data in the original file components.

c) Report on material facilities, equipment, and funding for the management of civil servant files including:

Areas for storing civil servant files, places for keeping and preserving civil servant files;

Area for storing and preserving civil servant files;

Equipment and means for preserving civil servant files;

Annual funding for the management of civil servant files, sources, plans, progress of funding allocation, and proposals and recommendations regarding funding.

d) Quantity and quality of civil servants directly engaged in the management of civil servant files and training and development activities for such civil servants:

Number and level (professional qualifications, vocational skills, foreign language proficiency, computer skills) of the team of civil servants directly engaged in the management of civil servant files;

Number and quality of annual and periodic specialized training courses on the management of civil servant files organized by the agency itself.

đ) Proposals and solutions for innovation to enhance the effectiveness of the management of civil servant files and plans for modernizing the management of civil servant files.

Article 16. Professional Training for Public Servant File Management

1. The Ministry of Home Affairs shall develop the content, program, plan, and organize professional training for public servants directly involved in file management work at agencies managing public servants in ministries, sectors, and localities including:

a) Annually or upon request from state agencies responsible for public servants or public servant management agencies, build plans, report the number of public servants requiring training on file management or electronic files (if applicable), and submit them to the Ministry of Home Affairs for consolidation and coordination implementation;

b) Annually or upon request from public servant management agencies, the Ministry of Home Affairs shall compile and submit programs and plans for professional training on file management for public servants engaged in file management and electronic files to competent authorities for approval.

2. Based on the programs and plans of the Ministry of Home Affairs or according to professional requirements, heads of public servant management agencies in ministries, sectors, and localities shall organize professional training for public servants directly involved in their agency's, organization's, or unit's public servant file management work.

Article 17. Modernization System in Public Servant File Management Work

1. The Ministry of Home Affairs is responsible for organizing the development of regulations for public servant file management based on the application of information technology to manage public servant files electronically and guiding public servant management agencies to implement uniformly.

2. Public servant management agencies gradually research modernizing public servant file management work including:

a) Computer equipment, computer networks, and unified public servant file management software to study, use, and exploit public servant files quickly, timely, and accurately;

b) Equipping scanners, digital cameras, and video devices to transfer images and textual documents of public servant files into storage and preservation media serving research, use, and exploitation of public servant files;

c) Applying information technology to study, use, and exploit public servant files, minimizing direct contact with traditional paper files until the electronic public servant file management system is complete.

Article 18. Authority and Responsibility for Public Servant File Management

1. Public servant management agencies specified in Point a Clause 2 Article 2 of this Circular have the responsibility to implement regulations on public servant file management within their scope of authority including:

a) Managing public servant files within the scope of authority of ministries, sectors, and localities;

b) Guiding, inspecting, and supervising the implementation of regulations on public servant file management under this Circular within the scope and authority of ministries, sectors, and localities.

2. Heads of public servant management agencies are responsible for public servant file management work in their agencies, organizations, and units and may only certify public servant files when there is an original public servant file.

3. Heads of public servant management agencies shall consider and decide on the following matters:

a) Deciding on recruitment and selection of qualified personnel to be assigned to specialized public servant file management work;

c) Proposing competent authorities to examine, investigate, and correct inconsistent documents in public servant files according to current regulations;

d) Notifying public servants about conclusions from verification and investigation regarding inconsistent or inaccurate self-declared data in their files;

đ) Removing redundant, duplicate, or unrelated documents in files;

e) Disciplining or proposing competent authorities to discipline agencies, organizations, units, and individuals who violate declaration, management, and preservation of public servant files.

4. Heads of public servant management agencies shall periodically or unexpectedly organize inspections of the implementation of regulations on public servant file management work stipulated in this Circular and report to the Ministry of Home Affairs' public servant management agency.

5. Authority and responsibility of the Ministry of Home Affairs:

a) Implementing national unified state management functions over public servant file management work;

b) Directly managing appointment files for public servants holding leadership and management positions decided by the Prime Minister, and appointment files for public servants entering senior specialist ranks and equivalent positions.

Article 19. Authority and responsibilities of the agency managing civil servant files

1. Implement directives, inspections, and business guidance on civil servant file work and electronic civil servant files from higher-level agencies, while guiding, inspecting, and urging subordinate agencies, organizations, and units to manage civil servant files properly.

2. Organize the implementation of regulations concerning supplementing, transferring, receiving, researching, using, exploiting, storing, and preserving civil servant files according to this Circular.

3. Timely submit all relevant documents related to civil servant files currently held at their own unit to the agency, organization, or unit managing civil servants.

Article 20. Authority and responsibilities of civil servants directly engaged in managing civil servant files

1. Proactively propose plans and measures for managing, using, and exploiting files and electronic civil servant files.

2. Organize the timely and accurate supplementation of documents into civil servant files.

3. Organize the arrangement, preservation, and storage of files.

4. Provide quick and accurate data and materials.

5. Research and identify unclear or contradictory issues within civil servant files and emerging issues in file management, reporting to the competent authority for consideration and resolution.

6. Urge and collect all components of documents within civil servant files under their management authority.

7. Organize services for researching, using, and exploiting civil servant files.

8. Implement confidentiality principles, detect, and recommend to the competent authority any emerging issues in civil servant file management for prompt resolution.

9. Regularly study, exchange experiences, and enhance professional knowledge and skills.

Article 21. Responsibilities and rights of civil servants regarding personal files

1. Civil servants have the responsibility to fully, clearly, and truthfully declare their own files according to the guidelines of the civil servant management agency or the requirements of the employing agency, and bear legal responsibility before the law and the management and employing agencies for the information declared. If the declared information is incomplete, inaccurate, or not truthful, they must bear responsibility according to current regulations.

2. Civil servants have the right to research their own files at the agency, organization, or unit holding the files, except for the documents specified in Point e Clause 2 Article 9 of this Circular.

3. If a civil servant requests adjustments or supplements to the information in their own file, they must report to the head of the civil servant management agency and relevant authorities for examination and resolution according to this Circular.

Chapter IV.
IMPLEMENTING PROVISIONS

Article 22. Implementation organization

During the implementation process, if ministries, sectors, localities, agencies, organizations, units, and individuals encounter difficulties or new issues regarding the reporting system, statistics, and management of civil servant files, they should send written documents to the Ministry of Home Affairs for review, unification, and appropriate amendments.

Article 23. Abolition of existing provisions

This Circular replaces Decision No. 14/2006/QĐ-BNV dated November 6, 2006, issued by the Minister of Home Affairs, accompanying the Regulation on Managing Civil Servant Files.

Article 24. Effective Date

This Circular takes effect from February 3, 2013.

Article 25. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees under the Central Government, and related agencies, organizations, units, and individuals are responsible for implementing this Circular.

Total:

Note:

- Column B (Unit name): list all agencies, organizations, and units under and affiliated with central ministries and sectors, including provincial departments/offices/directorates, districts/cities under provinces;

- Column 1 (Total assigned positions): record the total number of assigned positions of the direct reporting unit up to the time of report preparation;

- Column 2 (Total): record the total number of civil servants currently working in the direct reporting unit;

- Column 24 (Bachelor's degree and above): record those who have English proficiency at Bachelor's degree or higher from overseas or have Bachelor's degree or higher in Vietnam taught in English.

Total:

Note:

- Column B (Working unit): specify the district, county, town, city under province;

- Column 6 (Position title): specify elected cadre concurrently holding professional civil servant position (e.g., Deputy Chairman of the Commune People's Committee concurrently serving as Chief of Police...);

- Column 38 (Civil servants transferred from district level): specify the total number of district-level civil servants transferred to communes in the reporting year.

Total:

Note:

- Column 6 (Place of Work): specify clearly the agency, organization, unit under and directly subordinate to the district, county, town, provincial city; Department/committee/sector under the province, centrally governed city; and agency, organization, unit under and directly subordinate to the central ministry, committee, sector.

- Column 14 (Total Allowance as Percentage): is the total of the allowances from columns (10), (11), (12), and (13).

Total:

Note:

- Column 6 (Place of Work): specify clearly the commune, ward, town, district, county, town, province, provincial city;

- Column 14 (Total Allowance as Percentage): is the total of the allowances from columns (10), (11), (12), and (13).