Decree No. 121/2006/NĐ-CP amending and supplementing certain articles of Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of officials and civil servants in state-owned units.

DECREE

Amending and supplementing some articles of Decree No. 116/2003/ND-CP

dated October 10, 2003 of the Government on recruitment, use, and management

of officials and civil servants in state-owned units

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Civil Servant Law on February 26, 1998; the Ordinance amending and supplementing some articles of the Civil Servant Law on April 28, 2000 and the Ordinance amending and supplementing some articles of the Civil Servant Law on April 29, 2003;
Considering the proposal of the Minister of Home Affairs,

DECREE:

Article 1. The amended and supplemented provisions

Amending and supplementing some articles of Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government on recruitment, use, and management of officials and civil servants in state-owned units (hereinafter referred to as Decree No. 116/2003/ND-CP) as follows:

1. Amending and supplementing Clause 1 and Clause 3 of Article 7 of Decree No. 116/2003/ND-CP:

"1. Members of ethnic minorities, those who voluntarily serve in remote areas, border regions, islands; heroes of the armed forces; labor heroes; war invalids, persons enjoying benefits equivalent to war invalids; children of martyrs, children of war invalids, children of wounded veterans, children of persons who participated in revolutionary activities before the general uprising (from August 19, 1945 and earlier); children born to persons who were affected by toxic chemicals during the anti-war resistance; children of heroes of the armed forces, children of labor heroes;"

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"3. Those with a Master's degree in the relevant field, matching the recruitment needs; those who graduated with excellent or outstanding grades at all levels of specialized training matching the recruitment needs; those who have completed their military service obligations; members of the Youth Volunteer Corps, intellectual volunteers serving rural and mountainous areas for two years or more and have fulfilled their tasks; officials and civil servants at commune level who have worked continuously in commune-level agencies and organizations for three years or more."

2. Amending and supplementing Article 10 of Decree No. 116/2003/ND-CP:

"Article 10. Recruitment Board

1. When recruiting staff, the agency or unit authorized to manage staff must establish a Recruitment Examination Board or a Recruitment Selection Board (hereinafter collectively referred to as the Recruitment Board) of the state-owned unit.

2. The Recruitment Board shall consist of five or seven members including:

a) The Chairman of the Board is the head or deputy head of the state-owned unit;

b) The Board members are representatives of the heads of specialized departments of the unit or specialized positions of the state-owned unit (including one member who also serves as the secretary of the Board).

3. The Recruitment Board may establish an Exam Question Committee, an Exam Supervision Committee, an Exam Marking Committee, and a Sealing Committee.

4. In cases where the number of applicants exceeds the required number significantly, the Recruitment Board may organize a preliminary selection before conducting the formal recruitment.

5. If the state-owned unit does not have enough five members to form a Recruitment Board as stipulated in Clause 2 of this Article, the immediate superior agency of the state-owned unit shall establish a Recruitment Board to organize the recruitment of staff for the state-owned unit. The Recruitment Board shall consist of five or seven members decided by the head of the immediate superior agency of the state-owned unit."

3. Amending and supplementing Article 13 of Decree No. 116/2003/ND-CP:

"Article 13. Content of recruitment examination and method for determining successful candidates

1. The content of the recruitment examination includes:

a) Requirements and professional standards of the recruitment position;

b) Average academic results of the entire course of the candidate;

c) Priority objects in recruitment as prescribed in Article 7 of this Decree; if the recruit belongs to multiple priority categories, only the highest priority category shall be considered.

2. Method for determining successful candidates:

a) Successful candidates in the recruitment examination are those who meet the requirements and professional standards of the recruitment position and have average academic results of the entire course, plus the priority policy as prescribed, starting from the highest examination result down to the recruitment quota;

b) In case multiple candidates have the same examination result at the final quota, the Recruitment Board will supplement an interview component to select the candidate with the highest result to be successful.

4. Amend and supplement Points a, b, and c of Clause 2, Article 15 of Decree No. 116/2003/NĐ-CP:

"a) The initial employment contract applies to persons recruited during the probationary period;

b) The fixed-term employment contract applies to persons who meet the requirements after the probationary period;

c) The indefinite-term employment contract applies to cases where there have been two consecutive fixed-term employment contracts as prescribed in Point b, Clause 1 of this Article".

5. Amend and supplement Clause 3, Article 21 of Decree No. 116/2003/NĐ-CP:

"3. Probationers are entitled to bonuses and other welfare benefits as civil servants holding the same position and salary grade currently working in public institutions".

6. Amend and supplement Clause 4, Article 26 of Decree No. 116/2003/NĐ-CP:

"4. The Inspection Board consists of five or seven members including:

a) The Chairman of the Board is the head of the public institution;

b) Members of the Board are representatives of the heads of specialized departments of the institution or civil servant positions with professional competence and qualifications at the same level or higher than the position being inspected (including one member who also serves as the secretary of the Board);

c) In case the public institution does not have enough five members to form the Board as prescribed in this clause, the immediate superior authority of the institution shall establish the Inspection Board. The Inspection Board consists of five or seven members decided by the head of the immediate superior authority of the public institution".

7. Add Article 26a to Decree No. 116/2003/NĐ-CP:

"Article 26a. Transfer of Civil Servant Categories

Civil servants of Category B and Category C as prescribed in Clause 1, Article 4 of this Decree, who are assigned to training programs and have obtained university, college, or vocational secondary school diplomas recognized by their agencies or units, and are placed in positions commensurate with their professional training and the needs of their agencies or units, may be considered for transfer to another category of civil servant and appointed to a position corresponding to their educational qualifications.

The Minister of Home Affairs shall provide guidelines on the criteria, conditions, and procedures for transferring civil servant categories.

8. Amend and supplement Clause 2, Article 29 of Decree No. 116/2003/NĐ-CP:

"2. Civil servants participating in the examination for promotion must meet the professional standards of the position they are applying for; have a salary coefficient that is not more than two grades lower than the first grade of the position they are applying for, and satisfy other necessary conditions as prescribed for the position. The competent authority managing civil servants or the head of the public institution is responsible for the standards and conditions of the civil servants nominated to take the examination".

9. Amend and supplement Article 30 of Decree No. 116/2003/NĐ-CP:

"Article 30. Examination Promotion Board

1. When organizing examination for promotion, the competent authority organizing the examination must establish an Examination Promotion Board. The Examination Promotion Board shall consist of five or seven members including the Chairman of the Board and the Board members (one of whom shall serve as the Secretary of the Board).

In case the competent authority organizing the examination entrusts the examination to a public service unit, the head of such public service unit shall be the Vice-Chairman of the Examination Promotion Board.

2. The Examination Promotion Board shall establish an Examination Question Committee, an Examination Supervision Committee, a Marking Committee, and a Sealing Committee.

10. Amend and supplement Article 33 of Decree No. 116/2003/NĐ-CP:

"Article 33. Appointment to Rank

Based on the decision recognizing the examination results issued by the competent authority, the head of the agency or public service unit shall decide or propose the competent authority to decide on the appointment and salary grading of the staff member to the rank they have applied for in accordance with the regulations.

11. Amend and supplement Article 41 of Decree No. 116/2003/NĐ-CP:

"Article 41. Termination of Employment Contract

1. The termination of employment contract shall be carried out in one of the following cases:

a) The staff member wishes to terminate the employment contract;

b) The public service unit no longer has the need for the position of work of the staff member's current rank, and there is no suitable position to assign the staff member to another job;

c) The staff member fails to meet the requirements of their current position.

2. For the case stipulated in point a, Clause 1 of this Article, the staff member must submit a request to terminate the employment contract to the head of the employing unit at least thirty days prior to the termination date. Within thirty days from receiving the request to terminate the employment contract, the head of the employing unit shall examine and issue a decision to terminate the employment contract.

3. For the cases stipulated in points b and c, Clause 1 of this Article, the head of the employing unit must notify the staff member three months before issuing the decision to terminate the employment contract so that the staff member can seek new employment.

4. Within the time limits specified in Clauses 2 and 3 of this Article, the head of the employing unit must carry out necessary procedures related to the rights of the person terminating the employment contract, such as transferring files, resumes, certificates of salary cessation, social insurance confirmation, resolving termination benefits and other rights according to the law; then report to the competent authority managing staff members for monitoring and inspection.

12. Amend and supplement Clauses 5 and 8 of Article 46 of Decree No. 116/2003/NĐ-CP:

"5. Issue recruitment regulations, promotion regulations for staff members; review the evaluation regulations for specialized staff members managed by Ministries assigned the task of managing ranks by profession; review the content and form of recruitment for staff members through direct recruitment, the structure of specialized staff member ranks managed by Ministries assigned the task of managing ranks by profession; issue regulations on exceptional promotion for special professions, early promotion and salary increase;"

"8. Appoint, dismiss, and grade salaries for staff member ranks equivalent to senior specialist ranks; coordinate with Ministries assigned the task of managing specialized staff member ranks to organize examinations for promotion for specialized staff member ranks equivalent to senior specialist ranks; inspect and supervise examinations for promotion for specialized staff member ranks equivalent to senior specialist ranks;"

13. Amend and supplement Clauses 1, 2, 3, and 5 of Article 47 of Decree No. 116/2003/NĐ-CP:

"1. Aggregate the quantity and quality of staff members under the Ministry. Appoint, dismiss staff members in ranks equivalent to senior specialist ranks and below;"

2. Delegate recruitment, utilization, and management of staff members to public service units under the Ministry;

3. Delegate management of staffing quotas for public service units in accordance with the law;"

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"5. Organize examinations for promotion for staff member ranks equivalent to senior specialist ranks in accordance with the law; organize the transfer of staff member categories in accordance with the guidance of the Ministry of Home Affairs;"

14. Amend and supplement Clauses 5 and 6 of Article 49 of Decree No. 116/2003/NĐ-CP:

"5. Organize examinations for promotion for specialized staff member ranks equivalent to senior specialist ranks under its management; take the lead and coordinate with the Ministry of Home Affairs to organize examinations for promotion for specialized staff member ranks equivalent to senior specialist ranks;"

6. Develop and issue the structure of ranks and evaluation regulations for specialized staff members under its management after obtaining the unified opinion of the Ministry of Home Affairs."

15. Amend and supplement Clauses 1, 2, 3, 6, and 8 of Article 50 of Decree No. 116/2003/NĐ-CP:

"The People's Committee of the province, city directly under the Central Government (hereinafter referred to as the Provincial People's Committee) shall have the following tasks and powers:"

1. Aggregate the quantity and quality of staff members under the People's Committees at all levels within the province. Appoint, dismiss staff members in ranks equivalent to senior specialist ranks and below;"

2. Delegate management of staffing quotas for public service units in accordance with the law;"

3. Delegate recruitment, utilization, and management of staff members to public service units under the provincial People's Committee, specialized agencies of the provincial People's Committee, and public service units under the district People's Committee;"

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"6. Organize the transfer of staff member categories in accordance with the guidance of the Ministry of Home Affairs;"

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"8. Inspect and supervise recruitment examinations, direct recruitment, promotion examinations, and the implementation of State regulations on the utilization and management of staff members in public service units stipulated in Clause 1 of this Article;"

16. Amend and supplement Clauses 2, 4, and 5 of Article 51 of Decree No. 116/2003/NĐ-CP:

"2. Implement recruitment, sign employment contracts, organize examinations for promotion, appoint ranks, and transfer ranks for staff members in accordance with delegated authority;"

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"4. Implement termination benefits, training cost compensation, termination of employment contracts, and other policies for staff members in accordance with the law;"

5. Reward, discipline, and material damage compensation for staff members within their authority and propose rewards and disciplinary actions for staff members to the competent authority in accordance with the regulations."

Article 2. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous provisions contrary to this Decree are abolished.

2. Abolish previous provisions that are contrary to the provisions of this Decree.

Article 3. Responsibility for Implementation

1. The Minister of Home Affairs shall take the lead and coordinate with relevant ministers to guide the implementation of this Decree.

2. The competent authority of political organizations shall base on the provisions of this Decree to guide its application at state-run units under political organizations and political-social organizations.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under central cities, and state-run units shall be responsible for implementing this Decree./.