Decree No. 114/2003/NĐ-CP On Cadres and Civil Servants of Communes, Towns, and Urban Villages

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates the titles, standards, obligations, benefits, prohibitions, policies, and management of village-level cadres and civil servants (hereinafter referred to collectively as village-level cadres and civil servants).

Article 2. Scope of application

The objects regulated by this Decree are cadres and civil servants as defined in points g and h of Clause 1 of Article 1 of the Cadre and Civil Servant Ordinance, working at People's Councils, People's Committees, political organizations, and political-social organizations at the village level, including:

1. Those elected to hold positions for a term of office (hereinafter referred to collectively as specialized village-level cadres), comprising the following positions:

a) Secretary, Deputy Secretary, and Standing Committee member of the Party Committee (in places without a dedicated Deputy Secretary for Party affairs), Secretary, and Deputy Secretary of the Branch Committee (in places where the village-level Party Committee has not been established);

b) Chairman and Vice-Chairman of the People's Council;

c) Chairman and Vice-Chairman of the People's Committee;

d) Chairman of the Vietnam Fatherland Front Committee, Secretary of the Ho Chi Minh Communist Youth Union, Chairman of the Women's Union, Chairman of the Farmers' Association, and Chairman of the Veterans' Association.

2. Those recruited or assigned to hold specialized professional positions within the People's Committee at the village level (collectively referred to as village-level civil servants), comprising the following positions:

a) Chief of Public Security (in places without regular public security forces);

b) Military Commander;

c) Office and Statistics;

d) Land Administration and Construction;

đ) Finance and Accounting;

e) Justice and Household Registration;

g) Culture and Social Affairs.

Article 3. Requirements for village-level cadres and civil servants

Village-level cadres and civil servants are public servants of the people, subject to people's supervision, and must continuously cultivate moral qualities, study to improve their competence and capabilities to effectively perform assigned tasks and duties.

Article 4. Principles of managing village-level cadres and civil servants

Cadre and civil servant work at the village level is under the unified leadership of the Party Committee, ensuring the principle of collective democracy combined with the responsibility of the heads of agencies, organizations, and units.

Article 5. Responsibilities of village-level cadres and civil servants

Village-level cadres and civil servants have the responsibility to implement the provisions of this Decree; specific regulations on the system, policies, and standards for village-level cadres and civil servants; the Anti-Corruption Ordinance, the Thrift and Anti-Waste Ordinance, and other regulatory legal documents related to village-level cadres and civil servants.

Chapter 2:

STANDARDS FOR VILLAGE-LEVEL CADRES AND CIVIL SERVANTS

Article 6. General Standards

Cadres and civil servants at commune level must meet the following standards:

1. Having a deep love for the country, firmly committed to the goals of national independence and socialism; possessing the ability to mobilize the masses to effectively implement the Party's policies and state laws;

2. Being frugal, honest, impartial, diligent, devoted to the people, free from corruption, and resolute in combating it. Observing organizational discipline in work. Being truthful, non-opportunistic, closely connected with the people, and trusted by them;

3. Having a good understanding of political theory, the Party's viewpoints and policies, and state laws; having cultural and professional qualifications sufficient to effectively perform assigned tasks and duties with adequate health.

Article 7. Specific Standards

Village-level cadres and civil servants must meet specific standards set by competent authorities:

1. Specific standards for specialized village-level cadres working in political and political-social organizations as prescribed by central-level political and political-social organizations.

2. Specific standards for specialized village-level cadres working in People's Councils and People's Committees and standards for village-level civil servants as prescribed by the Minister of Home Affairs.

Chapter 3:

OBLIGATIONS, BENEFITS, AND PROHIBITIONS FOR VILLAGE-LEVEL CADRES AND CIVIL SERVANTS

Article 8. Obligations of village-level cadres and civil servants

Village-level cadres and civil servants have the following obligations:

1. Loyalty to the Socialist Republic of Vietnam, striving to implement the renewal process to develop the locality comprehensively;

2. Strictly adhering to the Party's guidelines and policies and state laws; performing assigned tasks and duties in accordance with legal provisions;

3. Living a healthy lifestyle, respecting the people, and not being bureaucratic, arrogant, or autocratic;

4. Strictly implementing internal rules, regulations, and charters of agencies and organizations; safeguarding public property; protecting state secrets according to legal provisions;

5. Continuously studying to improve their qualifications; actively innovating and cooperating in work to complete assigned tasks and duties effectively; meeting the standards within the timeframes set by competent authorities managing and utilizing cadres and civil servants;

6. Serving as role models in implementing grassroots democratic regulations in villages, towns, and urban districts; maintaining close ties with the people, participating in community activities in their place of residence, listening to people's opinions, and accepting people's supervision;

7. Adhering to decisions on job assignments made by competent authorities; if there is evidence that such a decision violates the law, they must immediately report to the person making the decision; if they still have to comply with the decision, they must report to the immediate superior of the decision-maker and will not be held responsible for the consequences of implementing the decision;

8. Village-level cadres and civil servants are legally responsible for the performance of their assigned tasks and duties; village-level cadres holding leadership positions are also responsible for the performance of tasks and duties by subordinates under legal provisions.

Article 9. Implementing the Work Regulation

Village-level cadres and civil servants are responsible for implementing the Work Regulation between the Party Committee, People's Council, People's Committee, and the Vietnam Fatherland Front Committee in resolving important and urgent issues in the locality.

Article 10. Benefits of village-level cadres and civil servants

Village-level cadres and civil servants enjoy the following benefits:

1. Annual leave, annual leave, and personal leave as provided for in the Labor Code. In cases of legitimate reasons for unpaid leave, after obtaining the consent of the head of the agency or organization managing and utilizing village-level cadres and civil servants;

2. Receiving salary and social insurance, medical insurance, travel expenses, training and development allowances, retirement benefits, and other provisions.

3. Shall be given priority in recruitment and selection to work at state organizations and agencies at district level or higher when meeting the required conditions and standards;

4. Female officials and civil servants shall also enjoy the rights stipulated in Clause 2 of Article 109, Articles 111, 113, 114, 115, 116, and 117 of the Labor Code;

5. Have the right to participate in political and social activities in accordance with the law; shall be provided with conditions for study to improve their qualifications, have the right to conduct scientific research and creative work; shall be commended when they successfully complete assigned tasks and duties;

6. Have the right to lodge complaints, file accusations, and initiate lawsuits regarding actions of agencies, organizations, or individuals that they consider to be contrary to the law to competent authorities as prescribed by law and shall bear responsibility before the law for those complaints, accusations, and lawsuits;

7. When performing duties, they shall be protected by law and the people;

8. Officials and civil servants who sacrifice while performing duties shall be considered for recognition as martyrs in accordance with the law; those injured while performing duties shall be considered for application of policies and benefits similar to those for war invalids;

Article 11. Matters that commune-level officials and civil servants shall not engage in

Commune-level officials and civil servants shall not engage in the following matters:

1. Being lazy in work, evading responsibilities, or shirking duties; forming cliques, causing division, or leaving work without authorization;

2. Misusing power, being arrogant, harassing, creating difficulties, or causing inconvenience to agencies, organizations, or individuals while handling affairs;

3. Establishing, participating in establishing, or managing private enterprises, limited liability companies, joint-stock companies, partnerships, private hospitals, or private schools;

4. Secretaries of Party Committees, Chairpersons, Deputy Chairpersons of People's Councils, Chairpersons, and Deputy Chairpersons of People's Committees shall not arrange their spouses, parents, children, siblings, or blood relatives to work in financial-accounting, land-construction positions;

Chapter 4:

ELECTIONS AND RECRUITMENT OF COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS

Article 12. Election of commune-level specialized officials

1. The election of commune-level specialized officials by People's Councils and People's Committees shall be carried out in accordance with the Law on Elections of People's Council Deputies and the Law on Organization of People's Councils and People's Committees;

2. The election of commune-level specialized officials within political organizations and political-social organizations shall be conducted according to the charters of such organizations;

Article 13. Recruitment of commune-level civil servants

1. The recruitment of commune-level civil servants must be based on job requirements, position needs, standards, and the number of positions to be filled;

2. Individuals recruited as civil servants must possess moral qualities, meet the standards, and pass examinations. Recruitment of civil servants in remote, mountainous, border, island areas or to build cadres and civil servants among ethnic minorities may be conducted through direct appointment;

3. The Chairman of the People's Committee at the district level shall direct and organize the recruitment of commune-level civil servants in accordance with the Civil Servant Recruitment Regulations of the Provincial People's Committee;

4. Recruits must undergo a probationary period of six months. Upon completion of the probationary period, the Chairman of the Commune People's Committee shall base their decision to recommend recruitment to the Chairman of the District People's Committee on the standards and performance results of the probationer. If they do not meet the recruitment criteria, they shall be dismissed from service;

Article 14. Training and upgrading of commune-level officials and civil servants

1. Agencies and organizations authorized to manage and utilize commune-level officials and civil servants shall be responsible for developing plans and programs to train, upgrade, create sources, and enhance the qualifications and capabilities of commune-level officials and civil servants;

2. Training of commune-level officials and civil servants shall be based on planning, standards for each position, and vocational standards for each post;

3. Training and upgrading costs for commune-level officials and civil servants shall be funded from the state budget. The training and upgrading system for commune-level officials and civil servants shall be regulated by competent agencies and organizations;

Article 15. Resignation and termination of employment

1. Commune-level officials and civil servants may resign and receive severance benefits in the following cases: implementation of standardization of officials and civil servants; retirement due to non-compliance with pension eligibility conditions; voluntary resignation approved by the district-level agency or organization;

2. Commune-level officials and civil servants who leave their posts without authorization shall be subject to disciplinary action, shall not receive severance benefits or other rights, and shall compensate for training costs as prescribed by law;

3. During the period of being under disciplinary review or criminal investigation, commune-level officials and civil servants shall not resign until a disciplinary decision is made;

Chapter 5:

REWARD AND VIOLATION HANDLING

Article 16. Awards

1. Commune-level officials and civil servants who achieve outstanding results in performing their duties shall be eligible for commendations in the following forms:

a) Certificate of Merit;

b) Medal of Merit;

c) National Honor Title;

d) Medal;

đ) Order;

2. Commendations for commune-level officials and civil servants shall be implemented in accordance with the law and the charters of political organizations and political-social organizations;

Article 17. Disciplinary Measures and Handling of Violations

1. Disciplinary measures and removal from office for commune-level specialized officials shall be carried out in accordance with the law and the charters of political organizations and political-social organizations;

2. Commune-level officials and civil servants who violate laws, but not to the extent of criminal prosecution, shall be subject to disciplinary measures depending on the nature and severity of the violation, including:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Dismissal;

đ) Compulsory resignation;

3. Commune-level civil servants disciplined with reprimand, warning, or dismissal shall have their salary increment period extended by one year;

4. Commune-level officials and civil servants disciplined with reprimand or worse shall not be promoted to a higher position for at least one year from the date of the disciplinary decision;

5. Commune-level officials and civil servants who cause loss or damage to state property through negligence or other acts shall be required to compensate according to the law.

6. Civil servants at the commune level who commit violations of the law while performing their duties causing damage to others shall be required to reimburse the agency or organization for the amount of money that the agency or organization has compensated to the person suffering the loss in accordance with the provisions of the law.

7. Civil servants at the commune level who violate the law and exhibit signs of criminal offenses shall be held criminally responsible according to the provisions of the law.

8. Civil servants at the commune level who are convicted of a crime by the people's court and not granted suspended sentence shall be compulsorily dismissed from their positions as of the date the judgment or decision becomes legally effective.

Article 18. Suspension of duty

During the period when they are being considered for disciplinary action, civil servants at the commune level may be subject to a decision by the competent authority to temporarily suspend them from their duties if it is deemed that continuing their work could hinder the investigation or they continue to commit violations. The suspension period shall not exceed fifteen days, but in special cases, it may be extended up to three months; upon expiration of the suspension period, if no further action is taken, the civil servant may resume their work. Civil servants during the suspension period shall receive wages as prescribed by the Government.

If civil servants at the commune level are found to have no fault, they shall be reassigned to their original positions after temporary suspension from their duties; in cases where civil servants are disciplined with reprimand, warning, or reduction in salary grade, they may be reassigned to their original positions depending on the nature and severity of the violation.

Article 19. Disciplinary Authority

1. The disciplinary action against civil servants at the commune level shall be decided by the agency or organization managing such personnel through the following process: The disciplinary council of the commune-level agency or organization examines and recommends the competent authority at the district level to make the decision.

2. The composition and operational rules of the disciplinary council shall be specified by the competent authority at the provincial level.

Article 20. Complaints and Resolution of Complaints

Civil servants at the commune level who are subject to disciplinary action have the right to appeal the disciplinary decision to the competent authority; the competent authority shall be responsible for resolving the appeal in accordance with the provisions of the law.

Article 21. Restoration of reputation and rights when wrongfully accused

Civil servants at the commune level who are subjected to disciplinary action or criminal responsibility and are determined by the competent authority to be wrongly accused shall have their reputation and rights restored and be compensated for losses in accordance with the provisions of the law.

Article 22. Management of commendation and disciplinary records

The agency or organization managing civil servants at the commune level shall be responsible for managing the commendation and disciplinary records of civil servants.

Decisions on commendations and disciplinary actions shall be filed in the civil servant's personnel file.

Chapter 6:

MANAGEMENT OF CIVIL SERVANTS AT THE COMMUNE LEVEL

Article 23. Contents of management of civil servants at the commune level

The contents of management of civil servants at the commune level include:

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

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

3. Specifying job titles and standards for civil servants;

4. Determining the number of civil servants at the commune level and providing guidance on implementation;

5. Implementing management, utilization, and hierarchical management of civil servants;

6. Issuing recruitment rules and probationary period regulations for civil servants;

7. Training, developing, and evaluating civil servants;

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

9. Conducting statistical work on civil servants;

10. Inspecting and supervising the implementation of regulations concerning civil servants;

11. Directing and organizing the resolution of complaints and reports against civil servants.

Article 24. Contents of management of civil servants at the commune level by the Ministry of Home Affairs

The Ministry of Home Affairs has the mission and authority to assist the Government in managing civil servants at the commune level in the following areas:

1. Submitting legal regulations on civil servants to the Government;

2. Submitting and guiding the implementation of salary systems and incentive, commendation, and disciplinary policies for civil servants to the Government;

3. Specifying standards for civil servants at the commune level;

4. Guiding the determination of the number of civil servants;

5. Guiding the management and hierarchical management of civil servants;

6. Guiding the establishment of recruitment rules and usage of civil servants;

7. Managing the content, program, and textbooks for training and development of civil servants;

8. Inspecting and supervising the implementation of regulations concerning civil servants;

9. Statistics and consolidation of the number of civil servants.

Article 25. Contents of management of civil servants at the commune level by the Provincial People's Committee

The Provincial People's Committee manages civil servants at the commune level in the following areas:

1. Deciding specifically on the number of civil servants at the commune level in accordance with the guidelines of the Ministry of Home Affairs;

2. Establishing recruitment rules, transfer, appointment, dismissal, and probationary period regulations for civil servants;

3. Establishing content, programs, and updating training and development for civil servants;

4. Guiding the implementation of incentive, commendation, and disciplinary policies for civil servants;

5. Inspecting and supervising the implementation of regulations concerning civil servants;

6. Directing the resolution of complaints and reports against civil servants;

7. Specifying the composition and operational rules of the disciplinary council for civil servants;

8. Statistics on the quantity and quality of civil servants within the provinces and centrally-administered cities.

Article 26. Contents of management of civil servants at the commune level by the District People's Committee

The District People's Committee manages civil servants at the commune level in the following areas:

1. Developing plans and programs for building a cadre of civil servants and gradually standardizing civil servants;

2. Organizing examinations or selections, deciding on recruitment, transfer, appointment, dismissal, and management of civil servants' files in accordance with the guidelines of the provincial people's committee;

3. Organizing the implementation of salary systems and incentive policies for civil servants;

4. Organizing the development of civil servants;

5. Deciding on commendations and disciplinary actions for civil servants.

6. Inspect and supervise the implementation of regulations concerning cadres and civil servants;

7. Resolve complaints and reports against cadres and civil servants in accordance with the provisions of the law;

8. Statistically analyze and evaluate the quantity and quality of cadres and civil servants within the scope of the district, town, city under provincial jurisdiction.

Article 27. Contents of management of commune-level cadres and civil servants by the Commune People's Committee

The Commune People's Committee manages commune-level cadres and civil servants in the following areas:

1. Directly manage the cadre and civil servant workforce;

2. Implement regulations on systems and policies for cadres and civil servants;

3. Implement training and capacity-building plans for cadres and civil servants;

4. Propose to competent authorities at higher levels to award commendations to commune-level cadres and civil servants within their authority;

5. Examine and propose to competent authorities at the county level regarding disciplinary actions and handling of violations by civil servants;

6. Resolve complaints and reports against cadres and civil servants in accordance with the provisions of the law;

7. Statistically analyze the quantity, evaluate the quality, and arrange the deployment and utilization of the civil servant workforce;

8. The Chairman of the Commune People's Committee issues certificates of merit to civil servants who have achieved notable results.

Chapter 7:

IMPLEMENTING PROVISIONS

Article 28. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall repeal any previous provisions that conflict with this Decree.

Article 29. Responsibility for Implementation

The Minister of Home Affairs shall provide guidance on the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.