DECREE NO. 114/2003/NĐ-CP Ceased Effectiveness Regarding Cadres and Civil Servants at Commune, Ward, and Town Level

DECREE OF THE GOVERNMENT

Regarding cadres and civil servants of communes, towns, and wards

_________________

THE GOVERNMENT

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

Based on the Cadres and Civil Servants Ordinance dated February 26, 1998, and the Ordinance Amending and Supplementing Certain Articles of the Cadres and Civil Servants Ordinance dated April 29, 2003;

At the request of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates the titles, standards, duties, rights, prohibited actions, policies, and management of cadres and civil servants of communes, towns, and wards (hereinafter referred to collectively as cadres and civil servants at the commune level).

Article 2. Scope of Application

The objects regulated by this Decree are cadres and civil servants specified in points g and h of Clause 1, Article 1 of the Cadres and Civil Servants Ordinance, working at People's Councils, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees, political organizations, and socio-political organizations at the commune level, including:

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

a) Secretary, Deputy Secretary of the Party Committee, Standing Secretary of the Party Committee (where there is no full-time Deputy Secretary for Party work), Secretary, Deputy Secretary of the Branch Committee (where the Party Committee at the commune level has not been established);

b) Chairperson, Deputy Chairperson of the People's Council;

c) Chairman, Vice-Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).2024 and

d) Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the Vietnam Fatherland Front, 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 a specialized position within the People's Committee at the commune level (collectively referred to as civil servants at the commune level), comprising the following positions: Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).g) Culture - Social Affairs.

a) Chief of Public Security (where regular public security forces have not been assigned);

b) Military Commander;

c) Office - Statistics;

d) Land Administration - Construction;

đ) Finance - Accounting;

e) Justice - Household Registration;

g) Culture - Social.

Article 3. Requirements for cadres and civil servants at the commune level

Cadres and civil servants at the commune level are public servants of the people, subject to people's supervision, and must continuously cultivate moral qualities, study to enhance their competence and capabilities to fulfill their assigned tasks and duties effectively.

Article 4. Principles of management of cadres and civil servants at the commune level

Cadre and civil servant work at the commune 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 cadres and civil servants at the commune level

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

Chapter II

STANDARDS FOR CADRES AND CIVIL SERVANTS AT THE COMMUNE LEVEL

Article 6. General Standards

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

1. Having a profound spirit of patriotism, firmly committed to the goal of national independence and socialism; having the ability and organizational skills to mobilize the people to effectively implement the Party's guidelines, state policies, and laws;

2. Frugal, honest, impartial, diligent, devoted to the people. Not corrupt and resolutely fighting against corruption. Having a sense of discipline in work. Honest, not opportunistic, closely connected with the people, trusted by the people;

3. Having theoretical knowledge about politics, the Party's viewpoints and guidelines, state policies and laws; having cultural and professional qualifications sufficient in capability and health to work effectively to meet the requirements of assigned tasks.

Article 7. Specific criteria

Cadres and civil servants at the commune level must meet specific criteria prescribed by competent authorities:

1. Specific criteria for commune-level specialized cadres working in political organizations and socio-political organizations shall be stipulated by such organizations at the central level.

2. Specific criteria for commune-level specialized cadres working in the People's Council, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y People's Committee and the specific criteria for commune-level civil servants shall be prescribed by the Minister of Home Affairs.

Chapter III

DUTIES, RIGHTS AND THINGS NOT TO BE DONE BY COMMUNE LEVEL CADRES AND CIVIL SERVANTS

SHALL NOT BE THE PROPERTY OF VILLAGE CIVIL SERVANTS AND PUBLIC OFFICIALS

Article 8. Duties of commune-level cadres and civil servants

Commune-level cadres and civil servants have the following duties:

1. To be loyal to the Socialist Republic of Vietnam, striving to implement the renewal process to develop the locality in all aspects;

2. To strictly comply with the Party's guidelines and policies and the State's laws and policies; to perform their official duties in accordance with the provisions of the law;

3. To maintain a healthy lifestyle, respect the people, and not be bureaucratic, arrogant, or abuse power;

4. To strictly adhere to internal regulations, rules, and charters of the agency or organization; to safeguard public property; and to protect state secrets in accordance with the law;

5. To continuously study and improve their qualifications; to be proactive and creative, to cooperate in work to fulfill assigned tasks and duties well; and to meet the standards within the time frame prescribed by the competent authority managing and using cadres and civil servants;

6. To set an example in implementing the grassroots democracy regime in communes, wards, and towns; to closely connect with the people, participate in community life where they reside, listen to the opinions of the people, and be subject to the supervision of the people;

7. To comply with the dispatching and assignment decisions of the competent agency or organization; if there is evidence that the decision is contrary to the law, they must immediately report to the person making the decision; in cases where 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. Commune-level cadres and civil servants are responsible under the law for performing their assigned tasks and duties; commune-level cadres holding leadership positions are also responsible for the performance of tasks and duties of subordinate cadres and civil servants according to the law.

Article 9. Implementation of Work Regulations

Commune-level cadres and civil servants are responsible for implementing the Work Regulations between the Party Committee, the People's Council, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y People's Committee and the United Front Committee in resolving important and urgent issues of the locality.

Article 10. Rights of commune-level cadres and civil servants

Commune-level cadres and civil servants have the following rights:

1. To enjoy holidays, annual leave, and personal leave as prescribed by the Labor Code. In case of legitimate reasons for unpaid leave, after obtaining the consent of the head of the agency or organization managing and using commune-level cadres and civil servants;

2. To receive salary and social insurance, health insurance, travel expenses, training and development programs, retirement benefits, and other provisions;

3. To be given priority in recruitment and selection for work in state agencies at the district level and above when meeting the required conditions and standards;

4. Female cadres and civil servants are entitled to additional rights stipulated in Clause 2 of Article 109, Articles 111, 113, 114, 115, 116, and 117 of the Labor Code;

5. To participate in political and social activities as prescribed by law; to be provided opportunities to study and improve qualifications; to have the right to conduct scientific research and creative work; to be rewarded for outstanding completion of assigned tasks and duties;

6. To have the right to appeal, denounce, and initiate litigation against actions of agencies, organizations, or individuals which they believe to be contrary to the law to competent authorities as prescribed by law and to bear responsibility before the law for those appeals, denunciations, and lawsuits;

7. When performing tasks and duties, they are protected by law and the people;

8. Cadres and civil servants who sacrifice while performing tasks and duties may be recognized as martyrs according to the law; those injured while performing tasks and duties may be considered for similar policies and benefits as those granted to war invalids.

Article 11. Matters that village-level cadres and civil servants shall not engage in

Village-level cadres and civil servants shall not engage in the following matters:

1. Being lazy in work, evading responsibility, or shirking duties; forming cliques, causing division, or arbitrarily leaving their posts;

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

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

4. The Secretary of the Party Committee, Chairman, Deputy Chairmen of the People's Council, Chairman, and Deputy Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee shall not arrange their spouses, parents, children, siblings to work in financial-accounting or land-construction positions.

Chapter IV

ELECTIONS, RECRUITMENT, AND USE OF VILLAGE-LEVEL CADRES AND CIVIL SERVANTS

Article 12. Election of specialized village-level cadres

1. The election of specialized village-level cadres by the People's Council, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).and People's Committee 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 specialized village-level cadres within political organizations and political-social organizations shall be conducted according to the charters of those organizations.

Article 13. Recruitment of village-level civil servants

1. The recruitment of village-level civil servants must be based on job requirements, position, standards, and the number of positions to be recruited.

2. A person recruited as a civil servant must have moral integrity, meet the standards, and pass the examination. For recruitment in highland, remote, border, island areas, or to build a cadre workforce for ethnic minority regions, selection through review may be implemented.

3. The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the district level shall direct and organize the recruitment of village-level civil servants in accordance with the Civil Service Recruitment Regulations of the Provincial People's Committee.

4. The person recruited must complete a probationary period of six months. Upon completion of the probationary period, the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the village level shall base their decision to recommend recruitment to the Chairman of the District People's Committee for consideration and decision on whether the probationer meets the standards and has performed satisfactorily; if they do not meet the recruitment criteria, they shall be dismissed from service.

Article 14. Training and Development of Village-Level Cadres and Civil Servants

1. Agencies and organizations with authority over the management and utilization of village-level cadres and civil servants shall be responsible for planning and implementing training, development, and capacity building for village-level cadres and civil servants.

2. The training of village-level cadres and civil servants shall be based on plans, standards for each position, and vocational standards for each title.

3. The budget for training and development of village-level cadres and civil servants shall be provided by the state budget. The training and development system for village-level cadres and civil servants shall be regulated by competent agencies and organizations.

Article 15. Resignation and Termination of Employment

1. Village-level cadres and civil servants may resign and enjoy severance benefits in the following cases: implementation of standardization of cadres and civil servants; retirement due to insufficient working conditions; voluntary resignation approved by the district-level agency or organization.

2. Village-level cadres and civil servants who voluntarily leave their posts without permission shall be subject to disciplinary action, shall not receive severance benefits or other rights, and must compensate for training costs as stipulated by law.

3. During the period when they are under disciplinary review or criminal prosecution, village-level cadres and civil servants shall not resign before a disciplinary decision is made.

Chapter V

REWARD AND VIOLATION HANDLING

Article 16. Awards

1. Village-level cadres 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. Commendation of village-level cadres and civil servants shall be carried out in accordance with the provisions of 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 specialized cadres at the commune level shall be carried out in accordance with the provisions of the law and the charter of political organizations and socio-political organizations.

2. Commune-level cadres and civil servants who violate legal regulations, if not reaching the level requiring criminal prosecution, shall be subject to disciplinary action depending on the nature and severity of the violation, as follows: herein:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Dismissal;

d) Compulsory resignation.

3. Civil servants at the commune level who are disciplined with a reprimand, warning, or dismissal shall have their salary increment period extended by one year.

4. Commune-level cadres and civil servants who are disciplined with a reprimand or higher shall not be appointed to a higher position for at least one year from the date of the disciplinary decision.

5. Commune-level cadres and civil servants who cause damage to state property through loss, damage to equipment, or other actions causing property damage must compensate according to the provisions of the law.

6. Commune-level cadres and civil servants who commit violations of the law while performing duties that result in damage to others must repay the agency or organization the amount they have compensated to the person suffering the damage according to the provisions of the law.

7. Commune-level cadres and civil servants who commit acts of law violation indicating criminal offenses shall be criminally prosecuted according to the provisions of the law.

8. Commune-level cadres and civil servants who commit crimes and are sentenced to imprisonment by the people's court without probation shall be compulsorily resigned from the date the judgment or decision becomes legally effective.

Article 18. Suspension from Work

During the period of being considered for disciplinary action, commune-level cadres and civil servants may be suspended from work by the competent authority if it is deemed that continuing work could hinder investigation or further violations. The suspension period shall not exceed fifteen days, and in special cases, it may be extended but not more than three months; upon expiration of the suspension period, if no further action is taken, commune-level cadres and civil servants may continue working. During the suspension period, commune-level cadres and civil servants shall receive wages as prescribed by the Government.

If commune-level cadres and civil servants are not at fault, they shall be reassigned to their original positions after suspension; in cases where commune-level cadres and civil servants are disciplined with reprimand, warning, or demotion, they may be reassigned to their original positions depending on the nature and severity of the violation.

Article 19. Authority to Handle Disciplinary Actions

1. Disciplinary actions against commune-level cadres and civil servants shall be decided by the managing agencies or organizations according to the procedure: 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. Appeals and Resolution of Appeals

Commune-level cadres and civil servants who are disciplined have the right to appeal the disciplinary decision to the competent authority; the competent authority has the responsibility to resolve appeals according to the provisions of the law.

Article 21. Restoration of reputation and rights when wrongfully accused

Civil servants at the commune level who are disciplined or criminally prosecuted but are concluded by competent authorities to be innocent or wrongly accused shall have their reputation and rights restored and shall be compensated for damages in accordance with the law.

Article 22. Management of commendation and disciplinary records

Agencies and organizations managing civil servants at the commune level shall be responsible for managing the commendation and disciplinary records of such civil servants.

Decisions on commendations and disciplinary actions shall be kept in the records of civil servants at the commune level.

Chapter VI

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 normative documents, charters, and regulations concerning civil servants;

2. Developing plans and building teams of civil servants;

3. Defining positions 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 regulations and probationary period systems for civil servants;

7. Training, developing, and evaluating civil servants;

8. Directing and implementing salary systems and incentive policies, commendations, and disciplinary measures 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 tasks and powers to assist the Government in managing civil servants at the commune level in the following areas:

1. Submitting legal normative documents on civil servants to the Government;

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

3. Defining 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 development of recruitment regulations and the use of civil servants;

7. Managing the content, programs, and textbooks for training and developing civil servants;

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

9. Statistics and compiling the number of civil servants.

Article 25. Contents of management of civil servants at the commune level by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees manage civil servants at the commune level in the following areas:

1. Specifically determining the number of civil servants at the commune level according to the guidelines of the Ministry of Home Affairs;

2. Developing recruitment regulations, transfers, dismissals, and probationary period systems for civil servants;

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

4. Guiding the implementation of incentive policies, commendations, and disciplinary measures 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. Defining 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 village-level cadres and civil servants by the People's Committee at the district level Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial people's committee;

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee at the district level shall manage village-level cadres and civil servants in the following areas:

1. Establishing planning and plans for building a cadre and civil servant workforce and gradually implementing cadre and civil servant standards;

2. Organizing examinations or selection processes, deciding on recruitment, transfer, dismissal, and managing village-level civil servants' files according to guidelines issued by the People's Committee at the provincial level; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial people's committee;

3. Implementing salary systems and incentive policies for cadres and civil servants;

4. Organizing training and development programs for cadres and civil servants;

5. Deciding on rewards and disciplinary actions for cadres and civil servants;

6. Conducting inspections and audits on the implementation of regulations concerning cadres and civil servants;

7. Resolving complaints and reports against cadres and civil servants in accordance with the law;

8. Statistics and evaluation of the quantity and quality of cadres and civil servants within the district, town, city, or province.

Article 27. Contents of management of village-level cadres and civil servants by the People's Committee at the commune level Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).village people's committee;

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee at the commune level shall manage village-level cadres and civil servants in the following areas:

1. Directly managing the civil servant workforce;

2. Implementing regulations regarding benefits and policies for cadres and civil servants;

3. Implementing training and development plans for cadres and civil servants;

4. Proposing commendations for village-level cadres and civil servants to competent authorities within their jurisdiction;

5. Reviewing and proposing disciplinary measures and handling violations of civil servants to competent authorities at the district level;

6. Resolving complaints and reports against cadres and civil servants in accordance with the law;

7. Statistics on the number, assessment of quality, and deployment of the civil servant workforce;

8. The Chairman of the People's Committee at the commune level issues certificates of merit to civil servants with outstanding achievements. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).village people's committee shall issue certificates of merit to civil servants with achievements.

Chapter VII

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and abolishes 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 agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.