Circular No. 14/2012/TT-BNV guiding the implementation of Decree No. 41/2012/NĐ-CP on positions and staffing in public service units.

CIRCULAR

Guidelines for implementing Decree No. 41/2012/ND-CP dated May 8, 2012

of the Government on positions and jobs in public service units

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

Pursuant to Decree No. 41/2012/NĐ-CP dated May 8, 2012 of the Government on job positions in public service units;

The Minister of Home Affairs issues this Circular guiding the implementation of Decree No. 41/2012/ND-CP dated May 8, 2012 of the Government on positions and jobs in public service units (hereinafter referred to as Decree No. 41/2012/ND-CP of the Government),

PART I

METHODS FOR DETERMINING JOBS AND STAFF STRUCTURE BY PROFESSIONAL TITLES

Article 1. Statistics of work according to functions, tasks, authorities of public service units

The statistics of work according to functions, tasks, authorities, and organizational structure of public service units shall be carried out as follows:

1. Statistics of regular, continuous, stable, long-term, recurring, cyclical works that public service units perform, including:

a) Leadership, management, and operational works of heads, deputies of heads of public service units, and heads, deputies of heads of organizations constituting public service units as prescribed by competent authorities (excluding those working in positions or titles defined by law as civil servants);

b) Professional and vocational works of staff, clearly distinguishing:

- Professional and vocational works belonging to the specialized field or sector of the public service unit's occupational activities (hereinafter collectively referred to as occupational activity works);

- Support and service works for leadership, management, operation, and occupational activities of public service units (hereinafter collectively referred to as support and service works).

2. Do not include temporary, sporadic works or works not within the functions and tasks of public service units.

3. Work statistics in public service units shall be conducted in sequence from lower-level units to higher-level units within the organizational structure of public service units. Heads of organizations under and subordinate to public service units are responsible for compiling work statistics of their units and reporting to the head of the public service unit.

4. Work statistics in public service units shall be carried out according to Appendix No. 1 issued together with this Circular.

Article 2. Classification of work

On the basis of work statistics according to functions, tasks, authorities, and organizational structure of public service units as stipulated in Article 1, the head of the public service unit shall direct and implement the consolidation and grouping of work as follows:

a) Groups of leadership, management, and operational work;

b) Groups of occupational activity works;

c) Groups of support and service work.

2. The classification of work shall be carried out according to Appendix No. 2 attached hereto.

Article 3. Influencing factors

1. Factors affecting the determination of job positions in public service units, including:

a) Working hours system of public service units, including a 40-hour workweek system and a 24/24-hour system (administrative hours or shifts);

b) Scope of activities of public service units within local areas and multiple local areas;

c) Diversity of fields of activities of public service units, including: Activities in one industry or profession and activities in multiple industries or professions;

d) Nature and characteristics of occupational activities of public service units;

đ) Organizational model and operational mechanism of public service units;

e) Degree of modernization of offices of public service units;

g) Other factors (if any).

2. These factors shall be implemented according to Appendix No. 3 issued together with this Circular.

Article 4. Statistics and Evaluation of the Civil Servant Workforce

The statistics and evaluation of the current status of the civil servant workforce in public service units shall be carried out as follows:

1. Statistics on the current status regarding the quantity and quality of the civil servant workforce (including those under labor contracts as prescribed by law) at the time of drafting the job position proposal in public service units, including the following contents:

a) Educational qualifications;

b) Specialized field of study;

c) Foreign language proficiency;

d) Computer skills;

đ) Gender;

e) Age;

g) Rank (or occupational title) currently held;

h) Length of service (professional experience).

2. Report on the evaluation of the current status of meeting job requirements, allocation, utilization, and effectiveness in performing tasks of the civil servant workforce and employees in public service units. The report includes:

a) Evaluation of the adequacy and suitability with job requirements and tasks of the civil servant workforce and employees in public service units;

b) Evaluation of the allocation, utilization, and actual work capacity and effectiveness of each civil servant according to the tasks they undertake.

3. The statistics on the current status of the civil servant workforce in public service units shall be implemented according to Appendix No. 4 issued together with this Circular.

Article 5. Job Position List of Public Service Units

1. Based on the statistics, classification of jobs; influencing factors; statistics and evaluation of the current status of the civil servant workforce and occupational titles of civil servants as prescribed by competent authorities, the head of the public service unit determines job positions and compiles them into a job position list for the public service unit.

2. Each job position is linked to specific professional content and procedures, linked to occupational titles, occupational rank levels, and leadership and management positions within the public service unit (if applicable to leadership, management, and operational roles).

3. The job position list of the public service unit includes:

a) Job positions related to leadership, management, and operational roles;

b) Job positions related to professional activity roles;

c) Job positions related to support and service roles.

4. The job position list of the public service unit is reflected in columns 1, 2, and 3 of Appendix No. 5 issued together with this Circular.

Article 6. Job Description for Each Job Position

1. Based on the job position list determined in Article 5, the construction of job descriptions for each job position shall be carried out as follows:

a) Description of the content, procedures, formalities, and completion time for each task at each job position;

b) Results (products), workload of the job position;

c) Working conditions (equipment, management software, tools, working environment, etc.).

2. At job positions related to leadership, management, and operational roles, where there is also the execution and implementation of tasks, the description of the execution and implementation tasks shall be carried out similarly to job positions related to professional activities in public service units.

3. The job description for each job position shall be implemented according to Appendix No. 6 issued together with this Circular.

Article 7. Competency Framework for Each Job Position

1. The competency framework for each job position is established based on the requirements for task performance, reflected in the corresponding job description, including the competencies and skills needed to complete assigned tasks.

2. The competency framework for each job position shall be implemented according to Appendix No. 7 issued together with this Circular.

Article 8. Determining occupational titles and ranks corresponding to job positions and number of staff

The determination of occupational titles and ranks corresponding to job positions and number of staff shall be carried out simultaneously and closely linked with the process of determining the list of job positions in Appendix No. 5 issued together with this Circular, based on the following factors:

1. Business field.

2. Name of the job position;

3. Job description;

4. Competency framework;

5. Position, scale, scope of operation, and service objects of public service units.

6. Regulations on the highest rank of occupational titles of public service units.

6. Occupational titles, ranks of occupational titles, and the number of staff are reflected in columns 4, 5, and 6 of Appendix No. 5 issued together with this Circular.

Article 9. Structure of civil servants according to occupational titles

The structure of civil servants according to occupational titles in public service units is the ratio of the number of civil servants according to each occupational title corresponding to job positions in public service units.

Chapter II

JOB POSITION PROPOSAL

Article 10. Building the job position proposal in public service units

1. Ministries, ministerial-level agencies, agencies under the Government, organizations established by the Government or the Prime Minister that are not public service units (hereinafter referred to collectively as "Ministries"), People's Committees of provinces and centrally-administered cities (hereinafter referred to collectively as "provinces") and public service units have the responsibility to direct and organize the implementation of building the job position proposal in public service units under their management authority for submission to the competent authority as prescribed.

2. The job position proposal in public service units is approved for stability from 1 to 3 years.

3. Public service units have the responsibility to regularly review functions, tasks, powers, organizational structures, and job positions, the number of staff, and the structure of civil servants according to occupational titles of the approved job position proposal. Annually, they build adjustment proposals for job positions in cases stipulated in Article 11 of Decree No. 41/2012/NĐ-CP of the Government.

Annually, if public service units do not send letters and proposals requesting the competent authority to consider adjustments to job positions as prescribed, then the job positions, the number of staff, and the structure of civil servants according to occupational titles already approved will remain stable.

4. For newly established public service units before making a decision, the competent authority establishing the unit must submit the approval dossier for job positions, the number of staff, and the structure of civil servants according to occupational titles to the competent authority for decision-making to approve as prescribed.

5. Public service units build their own job position proposals according to Appendix No. 8 about the proposal (model) issued together with this Circular.

6. Ministries and provinces aggregate the list of job positions, the number of staff, and the structure of civil servants according to occupational titles according to Appendices Nos.: 9A, 9B, 10A, 10B, 11A, and 11B issued together with this Circular.

Article 11. Procedures and formalities for building and reviewing proposals

1. The construction and approval of job position proposals in public service units are implemented in the following sequence:

Step 1: Public service units with legal personality, seals, and bank accounts are responsible for building job position proposals or annual adjustment proposals for job positions of their units for submission to the immediate superior management agency as prescribed.

Step 2: Agencies, organizations, and immediate superior management units are responsible for reviewing job position proposals or adjustment proposals for job positions of public service units under their management; aggregating and building job position proposals or adjustment proposals for job positions in public service units of their agencies, organizations, and units for submission to the heads for signature and sending to the immediate superior management agency as prescribed.

Step 3: Personnel Departments of Ministries and Provincial Departments of Home Affairs are responsible for:

a) Personnel Departments assisting Ministries in reviewing job position proposals or adjustment proposals for job positions of agencies, organizations, and public service units under and directly subordinate to the Ministries; aggregating and building job position proposals or adjustment proposals for job positions in public service units of the Ministries, submitting leadership documents to the Ministry of Home Affairs as prescribed.

b) Provincial Departments of Home Affairs assisting People's Committees of provinces in reviewing job position proposals or adjustment proposals for job positions in public service units under and directly subordinate to the provinces; aggregating and building job position proposals or adjustment proposals for job positions in public service units of the provinces, submitting leadership documents to the People's Committees of provinces for submission to the Ministry of Home Affairs as prescribed.

2. Regarding the review of job position proposals or adjustment proposals for job positions in public service units

a) Regarding conditions for review

- Job position proposals or adjustment proposals for job positions in public service units must have complete dossiers as prescribed in Clause 1, Article 10 of Decree No. 41/2012/NĐ-CP of the Government.

- Public service units must be established within the authorized jurisdiction as prescribed by law.

b) Regarding content of review

The review of job position proposals or adjustment proposals for job positions in public service units is carried out as prescribed in Clause 3, Article 9 of Decree No. 41/2012/NĐ-CP of the Government.

c) Regarding review procedures

Step 1: Review of dossier: The agency, organization, or unit entrusted with the task of reviewing job position proposals or adjustment proposals for job positions is responsible for reviewing the dossier. When the dossier is incorrect or incomplete according to the regulations, it will be returned to the agency, organization, or unit that built the proposal for completion.

Step 2: Review of the content of job position proposals or adjustment proposals for job positions as prescribed;

Step 3: Drafting the review document for submission to the head of the agency, organization, or unit for consideration and decision-making within their authority.

Article 12. Application to organizations and public service units under the Communist Party of Vietnam, political and social organizations, and other state agencies.

For organizations and public service units under agencies and organizations of the Communist Party of Vietnam, political and social organizations, the Office of the President, the Office of the National Assembly, the State Audit Agency, the Supreme People's Procuracy, the Supreme People's Court, the construction of job position plans or job position adjustment plans shall be carried out in accordance with the provisions and guidelines set forth in this Circular for submission to the competent authority for examination and decision, and simultaneously sent to the Ministry of Home Affairs for consolidation according to regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from February 5, 2013.

2. Abolish the provisions on public service establishment quotas as stipulated in Circular No. 89/2003/TT-BNV dated December 24, 2003 of the Ministry of Home Affairs guiding the implementation of decentralization in administrative and public service establishment management and previous guidance documents on public service establishments that contradict the guidelines set forth in this Circular.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, heads of organizations established by the Government or the Prime Minister which are not public service units, Chairpersons of Provincial People's Councils, Chairpersons of People's Committees of centrally governed cities, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. In case of difficulties during implementation, please report to the Ministry of Home Affairs for guidance, consideration, and resolution./.