Decree No. 112/2011/ND-CP on commune, ward, and town civil servants.

DECREE

REGARDING RURAL CIVIL SERVANTS AT THE COMMUNE LEVEL

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

Pursuant to the Ordinance on Village Police dated November 21, 2008;

Considering the proposal of the Minister of Home Affairs,

DECREE:

Chapter I.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates standards; recruitment; transfer, acceptance, evaluation procedures and formalities; resignation and retirement formalities; disciplinary measures; management of rural civil servants at the commune level (hereinafter referred to as commune-level civil servants).

Article 2. Applicability

This Decree applies to commune-level civil servants as prescribed in Clause 3 and Clause 4 of Article 61 of the Civil Servants Law.

Chapter II.
STANDARDS FOR COMMUNE-LEVEL CIVIL SERVANTS

Article 3. General Standards

1. For civil servants in the Office - Statistics, Land Administration - Construction - Urban Management and Environment (for towns and wards) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

a) Understanding political theory, firmly grasping the Party's viewpoints, policies, and guidelines, and State laws and policies;

b) Having the ability to organize and mobilize local residents to effectively implement the Party's policies and State laws and policies;

c) Possessing appropriate educational and professional qualifications for job requirements and positions, having sufficient capability and health to fulfill assigned tasks;

d) Understanding and respecting the customs and traditions of the community in their working area.

2. For civil servants in the position of Military Commander at the Commune Level and Chief of Police at the Commune Level: In addition to the standards set forth in Clause 1 of this Article, they must have the ability to coordinate with military units, public security forces, and other forces in their area to participate in building a nationwide defense system and performing certain civil defense tasks; maintaining national security, political stability, social order, and safety; protecting the Party, government, and the lives and property of the people and the State.

Article 4. Specific Standards

Specific standards for commune-level civil servants by position shall be determined by the Minister of Home Affairs in coordination with the Ministers of relevant sectors and fields. For civil servants in mountainous, border, island, remote, ethnic minority, and particularly difficult socio-economic condition areas, the educational and professional qualification standards may be one level lower.

Chapter III.
RECRUITMENT OF COMMUNE LEVEL CIVIL SERVANTS

Section 1. 

BASIS, CONDITIONS, METHODS,

AUTHORITY FOR RECRUITING COMMUNE-LEVEL CIVIL SERVANTS

Article 5. Recruitment Basis

1. The recruitment of commune-level civil servants must be based on job requirements, position standards, and the number of commune-level civil servants by position assigned by the People's Committee of the province or centrally governed city (hereinafter collectively referred to as provincial level).

2. The People's Committee at the commune level is responsible for developing annual recruitment plans for commune-level civil servants by position, reporting to the People's Committee of the district, town, city under province (hereinafter collectively referred to as district level) for approval and organizing recruitment in accordance with this Decree.

The recruitment plan for commune-level civil servants must clearly state the number of commune-level civil servant positions assigned, the current number of commune-level civil servants, and the shortage of commune-level civil servants by position compared to the assigned number, and the conditions for registering to apply for each commune-level civil servant position.

Article 6. Conditions for registration to apply for recruitment

1. The conditions for registering to apply for civil servant positions at commune level shall be implemented in accordance with Article 36 of the Civil Servants Law. The People's Committee at the commune level shall determine other conditions prescribed in point g, Clause 1, Article 36 of the Civil Servants Law, ensuring they are appropriate to the job requirements for commune-level civil servants needed in the recruitment plan, and report to the People's Committee at the district level for approval before recruitment.

2. In addition to the conditions for registration to apply for recruitment prescribed in Clause 1 of this Article, the position of Militia Commander at the commune level and Chief of Public Security at the commune level must meet the selection criteria as stipulated in Article 3 of this Decree.

Article 7. Recruitment methods

1. For the positions of Office - Statistics, Land Administration - Construction - Urban Management and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

a) Recruitment through competitive examination shall be carried out, except for cases prescribed in point b, Clause 1 of this Article and Article 21 of this Decree;

b) For communes in mountainous areas, border regions, islands, remote and extremely difficult areas, ethnic minority areas, and areas with special difficulties in socio-economic conditions, recruitment through selection may be conducted.

2. For the positions of Militia Commander at the commune level and Chief of Public Security at the commune level:

Selection and appointment of persons meeting the conditions prescribed in Clause 2 of Article 6 of this Decree shall be carried out.

The appointment of Militia Commanders at the commune level and Chiefs of Public Security at the commune level shall be carried out in accordance with the Law on Militia and Self-Defense Forces and the Ordinance on Commune Police.

Article 8. Priority in recruitment

1. Subjects and points of priority in competitive examinations or selections for civil servants:

a) Heroes of the Armed Forces, Labor Heroes, war invalids, disabled veterans, persons receiving benefits equivalent to war invalids: shall be granted 30 additional points to their total examination or selection scores;

b) Ethnic minorities, military officers, police officers, professional soldiers, personnel from confidential services who have transferred to other sectors, children of martyrs, children of war invalids, children of disabled veterans, children of persons receiving benefits equivalent to war invalids, children of persons who participated in revolutionary activities prior to the general uprising (before August 19, 1945), children born to persons affected by chemical toxins during the resistance war, children of Heroes of the Armed Forces, children of Labor Heroes: shall be granted 20 additional points to their total examination or selection scores;

c) Persons who have completed compulsory military service, served for a limited period in the public security forces, served in militia self-defense forces, been members of volunteer youth teams, or been members of young intellectuals participating in rural and mountain development for at least 24 months; persons who have continuously held non-professional positions at the commune level, village, and residential ward for at least three years: shall be granted 10 additional points to their total examination or selection scores.

2. In cases where candidates for competitive examinations or selections for commune-level civil servants fall under multiple priority categories prescribed in Clause 1 of this Article, they shall only be granted the highest priority points to their examination results as stipulated in Clause 3 of Article 12 of this Decree or their selection results as stipulated in Clause 4 of Article 15 of this Decree.

Article 9. Recruitment Authority

1. The Chairman of the People's Committee at the district level shall organize the recruitment of commune-level civil servants in accordance with this Decree and the Regulation on the organization of the recruitment of commune-level civil servants of the People's Committee at the provincial level, except for special cases in the recruitment of commune-level civil servants as stipulated in Article 21 of this Decree.

2. Based on the number of applicants, the Chairman of the People's Committee at the district level decides to establish either a Competitive Examination Board or a Selection Board (the Competitive Examination Board and the Selection Board hereinafter referred to collectively as the Recruitment Board).

3. In case the Recruitment Board is not established, the Department of Home Affairs at the district level shall report to the Department of Home Affairs at the provincial level. After obtaining the agreement of the Department of Home Affairs, the Department of Home Affairs at the district level shall assist the Chairman of the People's Committee at the district level in carrying out the recruitment of commune-level civil servants. When organizing the recruitment of commune-level civil servants, the relevant working groups must still be established in accordance with Clause 2 of Article 10 of this Decree.

Article 10. Recruitment Board

1. The Recruitment Board for civil servants consists of 05 or 07 members, including:

a) The Chairman of the Council is the Chairman or Deputy Chairman of the People's Committee of the district.

b) The Deputy Chairperson of the Board is the Head of the Department of Home Affairs;

c) Member and Secretary of the Board is a civil servant of the Civil Service Department;

d) One member is a civil servant from the Department of Home Affairs appointed by the Director of the Department of Home Affairs;

đ) Other members are representatives of the heads of some specialized agencies at the district level that are related.

2. The Recruitment Board operates based on the principle of collective decision-making, voting by majority, and has the following tasks and powers:

a) Establish working groups including: the Exam Question Preparation Group, the Exam Supervision Group, the Sealing Group, the Exam Marking Group in the case of competitive examinations, the Qualification Review Group in the case of selections, and the Reconsideration Group;

b) Organize the collection of examination fees and use them according to regulations;

c) Organize the marking of exams or selections;

d) Within no more than 15 days from the completion date of the exam marking or selection, the Recruitment Board must report to the Chairman of the People's Committee at the district level the results of the competitive examination or selection for the Chairman of the People's Committee at the district level to consider issuing a decision recognizing the results of the competitive examination or selection;

đ) Resolve complaints and denunciations during the organization of competitive examinations or selections.

Section 2

COMPETITIVE EXAMINATION FOR COMMUNE-LEVEL CIVIL SERVANTS

Article 11. Subjects and Examination Formats

1. General Knowledge Subject: Written examination for 01 essay within 120 minutes on the political system, organizational structure of the Party and State, political-social organizations; administrative state management; Party guidelines and State policies on the industry or field corresponding to the position of the civil servant to be recruited.

2. Professional Subject: Written examination for 01 essay within 120 minutes and multiple-choice examination for 01 test within 30 minutes on professional knowledge according to the requirements of the position of the civil servant to be recruited.

3. Office Information Technology Subject: Practical examination on computer or multiple-choice examination for 30 minutes according to the requirements of the position of the civil servant to be recruited.

Applicants for the recruitment of commune-level civil servants who have a diploma in information technology or higher will be exempted from the Office Information Technology Subject.

Article 12. Calculation of Scores

1. Examination papers are graded on a scale of 100 points.

2. Examination scores are calculated as follows:

a) General Knowledge Subject: calculated with a coefficient of 1;

b) Professional Subject: written examination calculated with a coefficient of 2; multiple-choice examination calculated with a coefficient of 1;

c) Office Information Technology Subject: calculated with a coefficient of 1 and not included in the total examination score.

3. The examination result is the sum of the scores of the General Knowledge Subject and the Professional Subject calculated according to the provisions of point a and point b of Clause 2 of this Article plus the preferential points stipulated in Article 8 of this Decree.

Article 13. Determining Successful Candidates in the Recruitment Examination

1. Successful candidates in the civil servant recruitment examination must meet the following conditions:

a) Having all examination subjects;

b) Reaching a score of 50 points or higher for each subject (including the office computer skills test score if not exempted and the specialized vocational writing test score before being multiplied by 2);

c) Having a higher examination result than others, ranked from highest to lowest within the recruitment quota for each civil servant position.

2. In cases where two or more candidates have the same examination results for a required civil servant position, the successful candidate will be determined as follows: the candidate with a higher score on the specialized vocational writing test is the successful candidate; if the scores on the specialized vocational writing test are equal, the candidate with a higher score on the specialized vocational multiple-choice test is the successful candidate; if still unable to determine the successful candidate, the Chairman of the District People's Committee shall decide the successful candidate.

3. Candidates who are not successful in the civil servant recruitment examination shall not retain their examination results for subsequent examinations.

Section 3

EXAMINATION AND RECRUITMENT OF CIVIL SERVANTS AT THE COMMUNE LEVEL

Article 14. Content of Examination and Recruitment

1. For the positions of Office - Statistics, Land Administration - Construction - Urban Management and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

a) Examining the academic performance of applicants;

b) Interviewing the professional and vocational qualifications of applicants.

2. For the positions of Commune Military Commander and Commune Police Chief: examining the registration conditions according to Clause 2, Article 6 of this Decree, without implementing the scoring method prescribed in Article 15 of this Decree.

Article 15. Scoring Method

1. Academic scores are determined by averaging the results of all subjects throughout the entire academic period of the applicant at the professional and vocational level required for the civil servant position, converted to a scale of 100 points and multiplied by a factor of 2.

2. Graduation scores are determined by averaging the results of graduation exams or thesis defense scores of the applicant, converted to a scale of 100 points and multiplied by a factor of 1.

3. Interview scores are calculated on a scale of 100 points and multiplied by a factor of 1.

4. The examination result is the total score of academic scores, graduation scores, interview scores calculated according to Clauses 1, 2, and 3 of this Article and preferential points according to Article 8 of this Decree.

5. In cases where the applicant has a higher educational qualification than required for the civil servant position, the Examination Board bases the calculation of scores according to Clauses 1, 2, and 3 of this Article on the academic results in the applicant's file and interview scores.

Article 16. Determination of Successful Candidates in the Examination and Recruitment Period for Civil Servants

1. Successful candidates in the examination and recruitment period for the civil servant positions specified in Clause 1, Article 14 of this Decree must meet the following conditions:

a) Reaching a score of 50 points or higher for academic scores, graduation scores, and interview scores (academic scores not yet multiplied by 2);

b) Having a higher examination result than others, ranked from highest to lowest within the recruitment quota for each civil servant position.

2. In cases where two or more candidates have the same examination results for a required civil servant position, the successful candidate will be determined as follows: the candidate with a higher academic score is the successful candidate; if the academic scores are equal, the candidate with a higher graduation score is the successful candidate; if still unable to determine the successful candidate, the Chairman of the District People's Committee shall decide the successful candidate.

3. The successful candidate in the examination and recruitment period for the positions of Commune Military Commander and Commune Police Chief is the person meeting the registration conditions stipulated in Clause 2, Article 6 of this Decree and upon recommendation of the Commune Military Commander (if recruiting a Commune Military Commander) or the Commune Police Chief (if recruiting a Commune Police Chief).

4. Candidates who are not successful in the examination and recruitment period for civil servants shall not retain their examination results for subsequent examination periods.

Section 4

PROCEDURES AND FORMALITIES FOR RECRUITING CIVIL SERVANTS AT THE COMMUNE LEVEL

Article 17. Announcement of Recruitment and Acceptance of Application Forms

1. The People's Committee at the district level must publicly announce on the radio station, the electronic information website of the People's Committee at the district level, and publicly post at the office premises of the People's Committee at the district level and the office premises of the People's Committee at the commune level where recruitment takes place regarding the standards, conditions, quantity, titles of civil servants to be recruited, deadlines, locations for accepting application forms from applicants, examination and recruitment review times, and must be published in three consecutive issues of the provincial newspaper.

2. The deadline for accepting application forms from applicants must be at least thirty days, starting from the day of public announcement of recruitment through mass media.

3. At the latest seven days before the examination or recruitment review date, the People's Committee at the district level must establish a list of eligible applicants and publicly post it at the office premises of the People's Committee at the district level and the office premises of the People's Committee at the commune level where recruitment takes place.

Article 18. Organization of Recruitment

1. When the deadline for accepting application forms from applicants has expired, at the latest ten days before the examination or recruitment review date, the Chairman of the People's Committee at the district level decides to establish the Recruitment Board to organize recruitment.

2. In cases where the number of applicants registering for recruitment for commune-level civil servants within the management scope of the district level is less than twenty people, there is no need to establish a Recruitment Board; the Civil Affairs Office assists the Chairman of the People's Committee at the district level in implementing recruitment according to Clause 3, Article 9 of this Decree.

Article 19. Announcement of Recruitment Results

1. Within fifteen days from the date of receiving the examination or recruitment review results report from the Recruitment Board or the Civil Affairs Office at the district level (in cases where a Recruitment Board is not established), the People's Committee at the district level must publicly announce on the electronic information website of the People's Committee at the district level and publicly post the examination or recruitment review results at the office premises of the People's Committee at the district level and the office premises of the People's Committee at the commune level where recruitment takes place; send the examination or recruitment review results notification in writing to the applicant at the address registered by the applicant.

2. Within fifteen days from the date of publicly posting the examination or recruitment review results, the applicant has the right to submit a request for a re-examination of the examination or recruitment review results; the Chairman of the People's Committee at the district level is responsible for organizing the re-examination within fifteen days from the end of the deadline for submitting the re-examination request as stipulated herein.

3. After implementing the provisions of Clause 1 and Clause 2 of this Article, the Recruitment Board or the Civil Affairs Office at the district level (in cases where a Recruitment Board is not established) reports to the Chairman of the People's Committee at the district level for approval of the recruitment results of civil servants; simultaneously sends a written notification recognizing the successful recruitment results to the applicant at the address registered by the applicant, the notification content must clearly state the time the successful applicant must come to receive the recruitment decision.

Article 20. Deadline for Issuing Recruitment Decision and Starting Work

1. For the positions of Office - Statistics, Land Administration - Construction - Urban Management and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

Based on the notification recognizing the successful recruitment results stipulated in Clause 3, Article 19 of this Decree, the Chairman of the People's Committee at the district level issues the recruitment decision for commune-level civil servants.

2. For the positions of Militia Commander at the commune level and Chief of Public Security at the commune level:

Based on the notification recognizing the successful recruitment results stipulated in Clause 3, Article 19 of this Decree, the Chairman of the People's Committee at the district level decides:

a) To appoint the Commune Military Commander upon the written proposal of the Chairman of the People's Committee at the commune level after reaching consensus with the District Military Commander;

b) To appoint the Chief of the Commune Police Station upon the written proposal of the Chief of the District Police Station after reaching consensus with the Chairman of the People's Committee at the commune level.

3 Within the latest thirty days from the date of the recruitment decision, the person recruited as a commune-level civil servant must report to the agency to start work, except in cases where the recruitment decision specifies a different deadline. If the person recruited as a civil servant has a valid reason that prevents them from reporting to start work, they must submit a request for extension before the deadline specified above, sent to the People's Committee at the district level. The extension period does not exceed thirty days from the deadline for reporting to start work as stipulated in this clause.

4. In cases where the person recruited as a civil servant does not report to start work after the deadline specified in Clause 3 of this Article, the Chairman of the People's Committee at the district level issues a decision to revoke the recruitment decision for commune-level civil servants.

Article 21. Special cases in recruitment

1. Based on the conditions for registering to take the civil service examination at the commune level as stipulated in Article 6 of this Decree and the job requirements, the Chairman of the People's Committee of the district may consider and accept without examination the following special cases:

a) A person who has graduated from university with a first-class degree or higher domestically and achieved a good degree or higher abroad, having expertise suitable for the civil servant position to be recruited;

b) A person with a university degree or higher, having at least five years of work experience (excluding probation and trial periods) in the field required for recruitment, meeting the immediate requirements of the civil servant position at the commune level to be recruited.

2. In the case where a person is recruited into a civil servant position at the commune level according to this Decree, if they have worked with compulsory social insurance contributions, have not received a lump-sum social insurance benefit, and are assigned to a position corresponding to their field of study or previous expertise, the period of work with compulsory social insurance contributions shall be considered as a basis for determining appropriate salary levels for the recruited civil servant position (excluding probation and trial periods as prescribed). If the period of work with compulsory social insurance contributions is intermittent, it will be accumulated.

3. The Chairman of the People's Committee of the district must report and obtain written approval from the Chairman of the People's Committee of the province when accepting cases as specified in Clause 1 of this Article and determining salaries for cases as specified in Clause 2 of this Article. Annually, the Chairman of the People's Committee of the province must report in writing the implementation results of this Article within their management scope to the Ministry of Home Affairs for monitoring and inspection.

Section 5

PROBATIONARY PERIOD

Article 22. Probationary system for probationers

1. A person recruited into a civil servant position at the commune level must undergo a probationary period to familiarize themselves with the working environment and perform tasks related to the civil servant position they were recruited for.

2. The duration of the probationary period and benefits during the probationary period shall be implemented in accordance with the provisions of point c, Clause 2, Article 5 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the titles, number, and some systems and policies for cadres and civil servants at communes, wards, towns, and those working non-professionally at the commune level.

3. Content of probation:

a) Mastering the provisions of the Civil Servant Law regarding the rights and obligations of civil servants, matters that civil servants are not allowed to do; mastering the organizational structure, functions, duties, internal regulations, and work rules of the People's Committee of the commune where they are working and the responsibilities and duties of the civil servant position they were recruited for;

b) Improving professional knowledge and skills according to the requirements of the civil servant position they were recruited for;

c) Practicing the resolution and execution of tasks related to the civil servant position they were recruited for.

4. The probationary system shall not be implemented for:

a) Cases where the period of work with compulsory social insurance contributions is equal to or greater than the probationary period specified in Clause 2 of this Article;

b) The Military Commander of the commune and the Chief of the Police Station of the commune.

Article 23. Guidance during probation

Within seven working days from the date the civil servant starts work, the Chairman of the People's Committee of the commune must assign someone with the same expertise or someone with the ability and experience in the relevant field to guide the probationer to master and practice tasks according to the probation content specified in Clause 3 of Article 22 of this Decree.

Article 24. Regulations and policies for persons guiding probationers

Persons assigned to guide probationers shall be entitled to a responsibility allowance equivalent to 0.3 times the general minimum wage during the probation guidance period.

Article 25. Recognition for persons completing the probation period

1. Upon completion of the probation period, the probationer must submit a written report on the results of the probation; the person guiding the probation must provide a written review and evaluation of the probation results for the probationer, to be sent to the Chairman of the People's Committee at the commune level.

2. The Chairman of the People's Committee at the commune level evaluates the political integrity, ethics, and work results of the probationer. If the probationer meets the requirements of the civil servant position, the Chairman of the People's Committee at the commune level shall issue a written request to the Chairman of the People's Committee at the district level or the person with authority according to the local civil servant management hierarchy to make a decision recognizing the completion of the probation period and setting the salary for the recruited civil servant.

Article 26. Revocation of recruitment decisions for probationers

1. Recruitment decisions shall be revoked if the probationer fails to meet the requirements of the probationary civil servant position or is subject to disciplinary action from reprimand upwards during the probation period.

2. The Chairman of the People's Committee at the commune level shall issue a written request to the Chairman of the People's Committee at the district level or the person with authority according to the local civil servant management hierarchy to make a decision revoking the recruitment decision for cases stipulated in Clause 1 of this Article.

3. Probationers whose recruitment decisions are revoked shall be provided with one month's salary, current allowances (if applicable), and travel expenses back to their place of residence by the People's Committee at the commune level.

Chapter IV.
MOVEMENT, ADMISSION, PROCEDURES AND FORMALITIES

 EVALUATION OF COMMUNE LEVEL CIVIL SERVANTS

Article 27. Movement and Admission of Commune Level Civil Servants from One Commune to Another

1. For civil servants in the Office - Statistics, Land Administration - Construction - Urban Management and Environment (for towns and wards) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

a) The Chairman of the People's Committee at the district level decides on the movement and admission of commune-level civil servants from one commune, ward, or town to another within the same district administrative unit;

b) The Chairman of the People's Committee at the district level (between two district-level units within the same province) decides on the movement and admission of commune-level civil servants from one district to another within the same province;

c) The Chairman of the People's Committee at the district level considers and decides on the movement and admission of commune-level civil servants outside the province and from another province after receiving written opinions from the Chairman of the People's Committee at the provincial level.

2. For commune-level civil servants holding positions as Military Commanders and Police Chiefs:

a) The movement and admission of commune-level civil servants holding positions as Military Commanders shall be carried out based on specific mission requirements; the Chairman of the People's Committee at the district level decides on the movement and admission of commune-level civil servants holding positions as Military Commanders according to the local civil servant management hierarchy;

b) The movement of commune-level civil servants holding positions as Police Chiefs shall be carried out after the Chief of Police at the district level bases it on mission requirements, exchanges, and reaches consensus with the Chairman of the People's Committee at the commune level and issues a written request to the Chairman of the People's Committee at the district level to move the Police Chief.

3. Regulations and Policies for Commune-Level Civil Servants Subject to Movement and Admission

Commune-level civil servants who are moved or admitted to work in mountainous areas, border regions, islands, remote areas, ethnic minority regions, and economically disadvantaged areas shall enjoy preferential treatment according to the provisions of the law.

Article 28. Procedure and process for evaluating civil servants

1. For civil servants in the Office - Statistics, Land Administration - Construction - Urban Management and Environment (for towns and wards) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

a) Civil servants self-assess their work results based on assigned tasks;

b) The Chairman of the People's Committee at the commune level comments on the self-assessment results of the civil servant and evaluates the strengths and weaknesses of the civil servant in their work;

c) The collective of civil servants of the People's Committee at the commune level convenes to contribute opinions. The opinion contributions are recorded in minutes and approved at the meeting;

d) The Chairman of the People's Committee at the commune level concludes and decides on the classification of civil servants at the annual evaluation meeting.

2. For commune-level civil servants holding positions as Military Commanders and Police Chiefs:

a) Civil servants self-assess their work results based on assigned tasks and self-comment on the strengths and weaknesses in their work;

b) The collective of the Military Command Board and Public Security Office at the commune level and the civil servants of the People's Committee at the commune level convene to contribute opinions. The opinion contributions are recorded in minutes and approved at the meeting;

c) The Chairman of the People's Committee at the commune level evaluates and decides on the classification of civil servants and notifies the civil servants after referring to the written opinion contributions of the Military Commandant of the Military Command Board at the district level (for the Military Commandant at the commune level) and the Head of the Public Security Office at the district level (for the Head of the Public Security Office at the commune level).

Chapter V.
TERMINATION OF SERVICE AND PROCEDURES FOR RETIREMENT

 FOR COMMUNE LEVEL CIVIL SERVANTS

Article 29. Termination of Service

1. Commune-level civil servants shall enjoy termination benefits in the following cases:

a) According to their own wishes and with the agreement of the People's Committee at the district level;

b) Due to failing to complete tasks for two consecutive years as stipulated in Clause 3, Article 58 of the Law on Cadres and Civil Servants;

c) For the Military Commandant and the Head of the Public Security Office at the commune level, in addition to the cases specified in points a and b of Clause 1 of this Article, when they are disciplined with demotion or removal from office and cannot be reassigned to another position at the commune level, they will also be entitled to termination benefits within thirty days from the date the disciplinary decision takes effect.

2. Procedures for terminating service, termination allowances, calculation of working time for termination allowances, and social insurance benefits upon termination for commune-level civil servants shall be implemented according to the provisions of Articles 4, 5, 6, and 8 of Decree No. 46/2010/ND-CP dated April 27, 2010 of the Government on termination of service and procedures for retirement for civil servants (hereinafter referred to as Decree No. 46/2010/ND-CP).

The Military Commandant and the Head of the Public Security Office at the commune level, when terminating service, in addition to the termination benefits enjoyed according to the provisions of Decree No. 46/2010/ND-CP, shall also enjoy other termination benefits as prescribed in Decree No. 58/2010/ND-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain articles of the Law on Militia and Self-Defense, and Decree No. 73/2009/ND-CP dated September 7, 2009 of the Government detailing the implementation of certain articles of the Ordinance on Public Security Offices at the commune level.

3. The source of funds for paying termination allowances for commune-level civil servants shall be allocated in the annual budget for regular activities of the People's Committee at the commune level authorized by the competent authority.

Article 30. Procedures for Retirement

1. Retirement Date:

Determination of the retirement date and extension of the retirement date for commune-level civil servants shall be carried out according to the provisions of Article 9 of Decree No. 46/2010/ND-CP and decided by the Chairman of the People's Committee at the district level.

2. Notification and Decision on Retirement for Commune-Level Civil Servants:

a) The Chairman of the People's Committee at the district level shall notify in writing about the retirement date for receiving pension benefits six months before the date; issue a decision for commune-level civil servants to retire three months before the retirement date as stipulated in Clause 1 of this Article.

The notification and retirement decision templates shall be implemented according to Appendix I and Appendix II attached to Decree No. 46/2010/ND-CP.

b) Based on the retirement decision as stipulated in point a of this clause, the People's Committee at the district level shall cooperate with the social insurance organization to carry out the necessary procedures so that commune-level civil servants can enjoy social insurance benefits upon retirement.

c) Commune-level civil servants who are retiring must have the responsibility to hand over files, documents, and ongoing work to the person designated to take over before the retirement date stated in the retirement decision.

Chapter VI.
DISCIPLINARY ACTION AGAINST COMMUNE-LEVEL CIVIL SERVANTS

Section 1

PRINCIPLES, ACTIONS, SITUATIONS NOT YET CONSIDERED FOR DISCIPLINARY ACTION OR EXEMPTION FROM DISCIPLINARY RESPONSIBILITY;

DISCIPLINARY ACTION OR EXEMPTION FROM DISCIPLINARY RESPONSIBILITY;

TIME LIMITS FOR DISCIPLINARY MEASURES

Article 31. Principles, Acts, Cases Not Subject to Disciplinary Review or Exempt from Disciplinary Liability

The principles for disciplinary action, acts subject to disciplinary action, cases not subject to disciplinary review, and cases exempt from disciplinary liability for commune-level civil servants shall be implemented in accordance with Articles 2, 3, 4, and 5 of Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government on disciplinary measures for civil servants (hereinafter referred to as Decree No. 34/2011/NĐ-CP).

Article 32. Statute of Limitations and Time Limits for Disciplinary Action

The statute of limitations and time limits for disciplinary action against commune-level civil servants shall be implemented in accordance with Article 6 and Article 7 of Decree No. 34/2011/NĐ-CP.

Section 2

APPLICATION OF DISCIPLINARY MEASURES

Article 33. Types of Disciplinary Measures

1. Applied to civil servants in the Office - Statistics, Land Administration - Construction - Urban Management and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Civil Registration, Culture - Social Affairs:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Compulsory resignation.

2. Applied to commune-level civil servants in the position of Military Commander and Chief of Police:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal from office;

e) Compulsory termination of employment.

3. For commune-level civil servants in the position of Military Commander and Chief of Police, if they violate the law and are subject to demotion or dismissal as a disciplinary measure but cannot be reassigned to another civil service position at the commune level, their employment termination benefits shall be processed simultaneously.

Article 34. Reprimand

The reprimand disciplinary measure shall be applied to commune-level civil servants who commit any of the following violations of the law:

1. Having an arrogant attitude, exercising authority arbitrarily, or causing difficulties and inconvenience to agencies, organizations, units, or individuals in performing official duties;

2. Failing to perform assigned tasks without a valid reason;

3. Causing discord within the agency or organization where they work;

4. Taking unauthorized leave, totaling from three to less than five working days in a month;

5. Using public property in violation of the law;

6. Certifying legal documents for persons who do not meet the required conditions;

7. Violating laws related to anti-corruption; thrift and prevention of waste; labor discipline; gender equality; prevention of prostitution and other related laws concerning civil servants.

Article 35. Warning

The warning disciplinary measure shall be applied to commune-level civil servants who commit any of the following violations of the law:

1. Issuing legal documents for persons who do not meet the required conditions;

2. Using information or materials of the agency or organization where they work for personal gain;

3. Refusing to comply with decisions on job transfer or assignment made by authorized agencies or organizations;

4. Using illegal documents to participate in training or further education;

5. Taking unauthorized leave, totaling from five to less than seven working days in a month;

6. Illegally using narcotics, which has been reported by the police to the agency or organization where they work;

7. Being sentenced to suspended imprisonment or non-custodial correctional supervision for commune-level civil servants who do not hold the position of Military Commander or Chief of Police;

8. Seriously violating laws related to anti-corruption; thrift and prevention of waste; labor discipline; gender equality; prevention of prostitution and other related laws concerning civil servants, but showing sincere self-criticism during the disciplinary review process and being able to mitigate the consequences.

Article 36. Reduction in Rank

The disciplinary measure of reduction in rank shall be applied to commune-level civil servants who commit any of the following violations of the law:

1. Failure to perform assigned professional tasks without a legitimate reason, affecting the work of the agency or organization where they are employed;

2. Abuse of their position to intentionally violate the law for personal gain;

3. Serious violation of laws on anti-corruption; thrift and waste prevention; labor discipline; gender equality; prostitution prevention; and other laws related to civil servants that cannot be remedied.

Article 37. Demotion

The disciplinary measure of demotion shall be applied to civil servants holding the positions of Commune Military Commanders and Commune Police Chiefs who commit any of the following violations of the law:

1. Failure to complete management and operational tasks assigned without a legitimate reason, resulting in serious consequences;

2. Very serious violation of laws on anti-corruption; thrift and waste prevention; gender equality; prostitution prevention; and other laws related to civil servants, but showing sincere self-criticism during the disciplinary review process;

3. Allowing serious violations of the law within their jurisdiction without taking preventive measures.

Article 38. Dismissal from Position

The disciplinary measure of dismissal from position shall be applied to commune-level civil servants holding the positions of Commune Military Commanders and Commune Police Chiefs who commit any of the following violations of the law:

1. Using illegal documents to obtain appointment;

2. Failure to complete management and operational tasks assigned without a legitimate reason, resulting in very serious consequences;

3. Being sentenced to suspended imprisonment or non-custodial correction;

4. Very serious violation of laws on anti-corruption; thrift and waste prevention; gender equality; prostitution prevention; and other laws related to civil servants.

Article 39. Compulsory Resignation

The disciplinary measure of compulsory resignation shall be applied to commune-level civil servants who commit any of the following violations of the law:

1. Being sentenced to imprisonment without probation;

2. Using illegal documents to obtain recruitment;

3. Drug addiction confirmed by a competent authority;

4. Unilaterally taking leave for a total of seven working days or more in a month or twenty working days or more in a year, after being notified three consecutive times in writing by the Chairman of the People's Committee at the commune level;

5. Extremely serious violation of laws on anti-corruption; thrift and waste prevention; labor discipline; prostitution prevention; and other laws related to civil servants.

Section 3

DISCIPLINARY AUTHORITY, PROCEDURES, AND FORMS

DISCIPLINARY REVIEW, RELATED PROVISIONS

Article 40. Disciplinary Authority

1. The Chairman of the People's Committee at the district level shall conduct disciplinary proceedings and decide on the form of disciplinary action against commune-level civil servants.

2. For commune-level civil servants who have transferred to new positions and whose violations are discovered within the prescribed statute of limitations, the Chairman of the People's Committee at the district level managing the civil servant previously shall conduct disciplinary proceedings, decide on the form of disciplinary action, and send the disciplinary file and decision to the current managing agency. If the previous agency has been dissolved, merged, consolidated, divided, or separated, those responsible must transfer the files so that the current managing agency can carry out the disciplinary proceedings.

Article 41. Organizing a meeting for self-criticism

1. The Chairman of the People's Committee at the commune level shall be responsible for organizing a meeting for civil servants who have violated laws to conduct self-criticism and accept disciplinary measures. Participants in the meeting include representatives from the Party leadership, administrative authorities, political-social organizations related to the matter, and all civil servants of the People's Committee at the commune level. The minutes of the self-criticism meeting shall be sent to the Chairman of the People's Committee at the district level.

2. Other contents related to organizing meetings for self-criticism for commune-level civil servants who have violated laws shall be implemented according to the provisions of Clause 3 and Clause 4 of Article 16 of Decree No. 34/2011/ND-CP.

Article 42. Disciplinary Council

1. The Chairman of the People's Committee at the district level decides to establish a Disciplinary Council to advise on the application of disciplinary measures against civil servants who have violated laws, except in cases provided for in Clause 2 of this Article.

2. A Disciplinary Council shall not be established for cases where commune-level civil servants who have violated laws are sentenced to imprisonment without suspended sentence.

3. Principles of operation and dissolution of the Disciplinary Council shall be implemented according to the provisions of Clause 3 and Clause 4 of Article 17 of Decree No. 34/2011/ND-CP.

Article 43. Composition of the Disciplinary Council

1. The Disciplinary Council for commune-level civil servants consists of five members, including:

a) The Chairman of the Council is the Chairman or Deputy Chairman of the People's Committee of the district.

b) One member of the Council representing the leadership of the Trade Union at the district level;

c) One member of the Council representing the leadership of the People's Committee at the commune level where the civil servant under review is located;

d) One member of the Council representing the leadership of the specialized department at the district level directly managing the professional and vocational affairs of the commune-level civil servant under review, or representing the leadership of the Military Command at the district level in cases where the civil servant violating the law is the Military Commander at the commune level, or representing the leadership of the Police Department at the district level in cases where the civil servant violating the law is the Chief of the Police Station at the commune level;

đ) One member serving as Secretary of the Council representing the leadership of the Civil Service Department at the district level.

2. It is not allowed to appoint persons with family relationships such as parents, children recognized by law; spouses; full siblings; sisters-in-law, brothers-in-law; or persons related to the violation of the law by the civil servant under review to participate as members of the Disciplinary Council.

Article 44. Organizing meetings of the Disciplinary Council, deciding on disciplinary actions, complaints, and related regulations

Organizing meetings of the Disciplinary Council, deciding on disciplinary actions, handling complaints, and related regulations concerning discipline for commune-level civil servants shall be implemented according to the provisions of Articles 19, 20, 21, 22, Clauses 1, 2, 4, 5, 6, and 7 of Article 23, and Article 24 of Decree No. 34/2011/ND-CP.

Chapter VII.
MANAGEMENT OF COMMUNE-LEVEL CIVIL SERVANTS

Article 45. Contents of management of commune-level civil servants

1. Issuing and implementing normative legal documents on commune-level civil servants.

2. Developing planning for commune-level civil servants.

3. Specifying standards and positions of commune-level civil servants.

4. Specifying the number of commune-level civil servants; management, recruitment, utilization, training, retraining, probationary period, resignation, retirement, evaluation of commune-level civil servants, and decentralization of management of commune-level civil servants.

5. Implementing rewards, handling violations, salary systems, and incentive policies for commune-level civil servants.

6. Implementing reporting and statistical systems on commune-level civil servants.

7. Conducting inspections and audits on agencies, organizations, and commune-level civil servants in the implementation of laws on commune-level civil servants.

8. Handling complaints and reports against commune-level civil servants.

9. Other tasks related to the management of commune-level civil servants.

Article 46. Management Authority

1. The Ministry of Home Affairs shall have the following tasks and powers:

a) To take the lead in submitting to the Government and the Prime Minister regulations on commune-level civil servants;

b) To guide the implementation of legal normative documents of the Government and the Prime Minister regarding commune-level civil servants concerning recruitment, utilization, training content and programs, knowledge management systems, salary regimes, and incentive and reward systems, as well as handling violations against commune-level civil servants;

c) To take the lead and coordinate with sectoral and field-managing ministries to establish specific criteria for each position of commune-level civil servants;

d) To inspect and supervise People's Committees at all levels and commune-level civil servants in their compliance with laws on commune-level civil servants;

đ) To compile statistics and aggregate the quantity and quality of commune-level civil servant teams nationwide.

2. Provincial People's Committees shall have the following tasks and powers:

a) To decide on the specific number of commune-level civil servants according to the Government's regulations and guidance from the Ministry of Home Affairs; to guide兼任乡镇公职人员的部分职务以确保地方各领域都有公职人员担任；

b) To issue regulations on the organization of recruitment for commune-level civil servants; to guide and inspect county-level People's Committees in conducting annual evaluations of commune-level civil servants;

c) To inspect and supervise the implementation of systems and policies for commune-level civil servants;

d) To direct, guide, and inspect the recruitment, planning, and construction of teams of commune-level civil servants; gradually implement standardization to improve the quality of commune-level civil servants;

đ) Annually, to direct the development of plans, programs, and training materials for commune-level civil servants;

e) To direct the resolution of complaints and reports against commune-level civil servants;

g) To issue regulations on the分级管理权限内的乡镇公职人员；

h) To aggregate and report the quantity and quality of commune-level civil servants within the provincial jurisdiction;

i) To guide and inspect the use of financial resources to implement systems and policies as stipulated by the Government and resolutions of the same-level People's Council for commune-level civil servants;

k) To guide the establishment and management of personnel files for commune-level civil servants.

3. County People's Committees shall have the following tasks and powers:

a) To develop plans and constructions for teams of commune-level civil servants;

b) To organize recruitment for commune-level civil servants according to this Decree and the recruitment regulations of the provincial People's Committee; to decide on the acceptance, transfer, and management of commune-level civil servants according to this Decree and the分级管理权限内的公职人员；执行有关乡镇公职人员的法律规定；

c) To implement salary systems and other systems and policies for commune-level civil servants;

d) To organize training and capacity building for commune-level civil servants according to the guidance and分级管理权限的规定；

đ) To decide on rewards and punishments for commune-level civil servants according to the分级管理权限的规定；

e) To inspect, supervise, and evaluate the implementation of regulations on commune-level civil servants;

g) To resolve complaints and reports against commune-level civil servants according to the law;

h) To aggregate and report the quantity and quality of teams of commune-level civil servants within the county jurisdiction;

i) To guide and inspect county-level People's Committees in their annual reviews and assessments of commune-level civil servants; to inspect the implementation of systems and policies for commune-level civil servants;

k) To guide county-level People's Committees in establishing and managing personnel files for commune-level civil servants.

4. Commune People's Committees shall have the following tasks and powers:

a) To directly manage and utilize commune-level civil servants; to conduct annual reviews and assessments of commune-level civil servants;

b) To implement systems and policies, training plans, and capacity building; to plan and source for commune-level civil servants;

c) To propose to competent authorities at the county level rewards for commune-level civil servants according to the分级管理权限的规定；

d) To propose to competent authorities at the county level handling of violations by commune-level civil servants;

đ) To resolve complaints and reports against commune-level civil servants according to the law;

e) To compile and report the quantity and quality of teams of commune-level civil servants;

g) To establish and manage personnel files for commune-level civil servants.

Chapter VIII.
IMPLEMENTING PROVISIONS

Article 47. Effective Date

1. This Decree shall take effect from February 1, 2012.

2. The provisions concerning commune-level civil servants in Decree No. 114/2003/NĐ-CP dated October 10, 2003 of the Government on cadres and civil servants at commune, ward, and town levels are hereby abolished.

Article 48. Responsibility for Implementation

1. The Ministry of Home Affairs shall provide guidance for the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, municipal People's Committees directly under the central government, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.