Decree No. 158/2007/ND-CP stipulates the list of job positions that need to be periodically rotated for civil servants and public officials working in state agencies and state-owned enterprises. The rotation period is 36 months, applicable to areas such as budget management, assets, import and export, taxation, customs, land, accounting, auditing, diplomacy, anti-corruption work, security, and order. Agencies must issue specific lists and implement this regulation.
적용 범위
Civil servants and public officials not holding leadership or management positions working at Ministries, agencies equivalent to Ministries, administrative organizations directly under them; Office of the Government; Courts, Procuracy; People's Councils, People's Committees; state-owned enterprises; armed forces.
핵심 사항
- Civil servants and public officials not holding leadership or management positions → shall be rotated in their job positions every 36 months at positions listed in the prescribed list.
- → including many state agencies and state-owned enterprises.
- The job position rotation period → is three years (36 months).
- The list of job positions requiring rotation → includes budget management, assets, import and export, taxation, customs, land, accounting, auditing, diplomacy, security, and order.
- Female civil servants and public officials who are pregnant or nursing children under 36 months old → shall not undergo job position rotation during this time.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing the risk of corruption through the rotation of civil servants and public officials.
- Negative impact: It may cause disruption in the operations of agencies and organizations due to frequent personnel transfers.
❓ 자주 묻는 질문
To whom does this Decree apply?
It applies to civil servants and public officials not holding leadership or management positions working in state agencies, organizations, and units of the State and state-owned enterprises.
What is the periodic rotation period for job positions?
Three years (36 months) for specialized and professional civil servants and public officials related to the management of the State's budget and assets.
Which fields require periodic rotation of job positions?
Financial management, budget, import and export, taxation, customs, land, accounting, auditing, diplomacy, security, and order.
Do female civil servants who are pregnant or nursing children under 36 months old undergo job position rotation?
No, they do not undergo job position rotation during this time.
전문
DECREE
Specifies the list of job positions and the periodic rotation term for civil servants and public officials.
________________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to Article 43 of the Law on Prevention and Combating Corruption dated November 29, 2005;
Pursuant to the Ordinance on Civil Servants dated February 26, 1998; the Ordinance amending and supplementing certain articles of the Ordinance on Civil Servants dated April 28, 2000; the Ordinance amending and supplementing certain articles of the Ordinance on Civil Servants dated April 29, 2003;
Considering the proposal of the Minister of Interior Affairs,
DECREE:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates job positions in various fields, industries, and professions that must be periodically rotated and the periodic rotation term for job positions in state agencies, organizations, and units related to state budget management, state assets, direct contact with and handling of matters for agencies, organizations, units, and individuals to proactively prevent corruption.
Article 2. Applicability
1. This Decree applies to cadres, civil servants, and public officials who do not hold leadership or management positions working at the following agencies, organizations, and units:
a) Ministries, ministerial-level agencies, and government agencies; administrative organizations under ministries, ministerial-level agencies, and government agencies;
b) Office of the President; Office of the National Assembly; Office of the Central Steering Committee on Prevention and Combating Corruption; State Audit Agency; People's Courts and People's Procuratorates at all levels; Military Courts and Military Procuratorates at all levels;
c) People's Councils, People's Committees at all levels; specialized agencies under provincial and district-level People's Committees;
d) Agencies of political organizations and political-social organizations from commune level upwards;
đ) State-run public service units, political organizations, and political-social organizations;
e) Economic groups, holding companies, and state-owned enterprises (hereinafter referred to collectively as state-owned enterprises);
g) Agencies, organizations, and units under the armed forces;
h) Social-political occupational organizations, social organizations, social-occupational organizations, and other agencies, organizations, and units using state budget and assets.
2. The rotation of cadres and civil servants holding leadership and managerial positions shall be carried out in accordance with regulations on cadre rotation.
Article 3. Explanation of Terms
1. "Periodic rotation of job positions" means the head of the agency, organization, or unit decides to transfer, arrange, and reassign job positions for cadres, civil servants, and public officials who have worked for 36 months in the positions within the fields, industries, and professions specified in Article 8 of this Decree.
2. "Cadres, civil servants, and public officials holding leadership and managerial positions" refers to those elected or appointed by authorized authorities to hold positions with fixed terms in agencies, organizations, and units and entitled to leadership allowances..
Article 4. Principles and prohibited acts in implementing periodic rotation of job positions
1. Principles implementing periodic rotation of job positions:
a) The implementation of periodic rotation of job positions as prescribed in this Decree is mandatory, regular, and applicable to all cadres, civil servants, and public officials assigned to job positions in the fields, industries, and professions specified in Article 8 of this Decree;
b) It must be objective, impartial, scientific, and reasonable, consistent with professional expertise; it must oppose factionalism and individualism; it must not cause division or disrupt stability within the agency, organization, or unit;
c) It must comply with the principle of exchange without affecting the staffing levels of agencies, organizations, and units;
d) It must be conducted according to a plan, publicly announced within the agency, organization, or unit, and linked to the responsibility of the head of the agency, organization, or unit.
2. Prohibited acts in implementing periodic rotation of job positions:
a) Not implementing periodic rotation of job positions contrary to the current professional expertise or responsibilities;
b) Strictly prohibiting the abuse of regulations on periodic rotation of job positions for cadres, civil servants, and public officials for personal gain or to victimize them.
Article 5. Content and form of regular job position rotation
1. Content of regular job position rotation:
a) Regularly rotating job positions within the same department or organization from one specialized unit to another, or between different fields or areas under supervision, responsibility, or management.
b) Regularly rotating job positions among departments, organizations, and units within the scope of management as stipulated in Clause 1, Article 2 of this Decree.
2. Regular job position rotation shall only be implemented through the issuance of decisions on reassignment and deployment of officials, civil servants, and public employees according to the content specified in Clause 1 of this Article. đArticle 6. Cases where regular job position rotation is not carried out
1. Officials, civil servants, and public employees who are currently under review or disciplinary proceedings.
2. Officials, civil servants, and public employees who are currently under investigation or have been indicted, or are involved in work being audited or inspected.3. Experts, leading scientists, chief engineers participating in national defense and security industrial activities at key national defense industrial facilities and key security industrial facilities.
3. Officials, civil servants, and public employees who are undergoing treatment for serious illnesses as defined by the Ministry of Health, attending long-term studies, or are on special assignment.
4. Female officials, civil servants, and public employees who are pregnant or nursing children under 36 months old. In cases where male officials, civil servants, and public employees must care for children under 36 months old due to the death of their spouse or other objective circumstances, they shall also be subject to the provisions of this clause as female officials, civil servants.
PERIOD AND LIST OF REGULAR JOB POSITION ROTATION POSITIONS
Chapter II
Article 7. Period of regular job position rotation
The period for job position rotation is three years (36 months) for officials, civil servants, and public employees with expertise related to state budget management, state assets, direct interaction and handling of matters for agencies, organizations, units, and individuals.
Article 8. List of job positions in various fields, industries, and professions requiring regular rotation.
Job positions that must undergo regular rotation in the following fields, industries, and professions:
1. Financial management, state budget, state assets management.
2. Export and import goods management.
3. Customs, tax, treasury, national reserve activities; accounting and auditing operations management.
4. State-owned enterprise shareholding management; securities and stock market management.5. Appraisal and valuation activities in auctions, debt purchase and sale activities.
6. Banking operation licensing, foreign exchange activities; banking operation inspection and supervision; state-owned credit institution credit operations management and implementation; credit assessment and lending.
7. Land sale, lease, and rental management, land use rights certificate issuance, and property ownership certificates.
8. Management and implementation of planning and investment activities in state agencies and state-owned enterprises.
9. Diplomatic and consular affairs management.
10. Issuance and registration of various types of certificates, marriage registration certificates involving foreign elements, certification, permits, judicial record issuance; notaries, enforcement officers for civil judgments.
11. Construction project management, demolition, compensation price setting in land clearance, and project management.
12. Issuance and management of various types of certificates and licenses.
13. Management and inspection of transportation vehicles.
14. Market management and forestry inspection activities.
15. Inspection activities.
16. Anti-corruption officials working in agencies, organizations, and units as stipulated in Clause 1, Article 2 of this Decree.
17. Traffic police; judicial police; prison guard police; household registration police; criminal investigation police; economic police; area police; administrative order police; firearms, conditional business, and stamp registration and management police; household registration registration and management police; fire safety guidance and inspection police; logistics support police; economic security, criminal investigation, exit and entry management, and investigative officers in investigation agencies under the People's Public Security force.
18. Logistics, technical, investment, and economic staff in the People's Army.
19. Prosecutorial activities in judicial operations; prosecution activities of people's procuracies at all levels and military procuracies; trial activities of people's courts at all levels and military courts.
20. Recruitment, training, examination, and promotion of civil servants and public employees; human resources management and personnel management activities.
19. Personnel engaged in logistics, technical, investment, and economic work in the People's Army;
20. Prosecutorial oversight of judicial activities; prosecution activities of people's procuracies and military procuracies at all levels; adjudicative activities of people's courts and military courts at all levels;
21. Recruitment, training, examination, promotion examination for civil servants and public officials; human resources work and manpower management.
Article 9. Detailed provisions on the list
Within sixty days from the date this Decree takes effect, the Minister, Head of a ministerial-level agency, Head of an agency under the Government, and Head of agencies specified in point b, Clause 1, Article 2 of this Decree shall issue documents to specify concretely the list of positions that must be periodically rotated within the fields, sectors, and professions specified in Article 8 of this Decree under their respective management scope and send them to the Ministry of Home Affairs for consolidation, ||| reports The Prime Minister.
Chapter III
RESPONSIBILITIES FOR PERIODIC POSITION ROTATION
Article 10. Time of issuance of decision on position rotation and handover of work
1. The rotation of positions for cadres, civil servants, and public officials subject to rotation shall be carried out in the form prescribed in Clause 2, Article 5 of this Decree and publicly notified to such cadres, civil servants, and public officials at least thirty days before the start of the position rotation.
2. The authority granted with the power to decide on periodic position rotation shall organize and create favorable conditions for cadres, civil servants, and public officials to hand over their work to other cadres, civil servants, and public officials within one to five working days prior to the start of the position rotation.
Article 11. Special cases
1. For agencies, organizations, and units having only one position in the list of periodic position rotations, which has different professional requirements from other positions within the same agency, organization, or unit, the periodic position rotation shall be decided by the superior authority with management jurisdiction.
2. Periodic position rotation shall not be implemented for cadres, civil servants, and public officials who have less than eighteen months of service remaining before reaching retirement age.
Article 12. Responsibilities for organizing implementation and inspection
1. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally-run cities, and heads of other agencies, organizations, and units specified in Clause 1, Article 2 of this Decree shall be responsible for implementing the provisions of Article 9 of this Decree; simultaneously specifying the authority and responsibility for periodic position rotation for subordinate agencies, organizations, and units; ensuring transparency of regulations and implementation plans with all cadres, civil servants, and public officials within the agency, organization, or unit.
2. Annually, the Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally-run cities, and heads of other agencies, organizations, and units specified in Clause 1, Article 2 of this Decree shall be responsible for directing the development of plans, urging, and inspecting the implementation of periodic position rotation plans within the system of agencies, organizations, and units under their management jurisdiction.
Article 13. Responsibilities of agencies, organizations, and units
1. Agencies, organizations, and units authorized to manage and utilize cadres, civil servants, and public officials shall be responsible for implementing periodic position rotation as prescribed in this Decree.
2. The head of an agency, organization, or unit shall be responsible for drafting plans, organizing implementation, inspecting, auditing, and reporting to the immediate superior authority on periodic position rotation for cadres, civil servants, and public officials within their management jurisdiction and shall be accountable for their decisions.
Article 14. Responsibilities of officials, civil servants, and public employees in implementing periodic job rotation
Officials, civil servants, and public employees must strictly comply with the decision on periodic job rotation issued by the head of the agency, organization, or unit or by the authorized person.
Article 15. Responsibilities of Ministries, sectors, and localities
The Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall be responsible for reporting annually to the Ministry of Home Affairs before December 1st regarding the implementation of this Decree for consolidation and reporting to the Prime Minister.
Article 16. Handling Violations
In cases of violation of the provisions of this Decree and other relevant laws concerning periodic job rotation, depending on the nature and severity of the violation, the violator will be dealt with according to the law.
Chapter IV
IMPLEMENTING PROVISIONS
Article 17. Effectiveness, guidance, and supervision of implementation
1. This Decree takes effect fifteen days after its publication in the Official Gazette.
2. Officials, civil servants, and public employees working in agencies, organizations, and units specified in Clause 1 of Article 2 of this Decree who have worked for more than thirty-six months at their current positions in fields, industries, or professions stipulated in Article 8 of this Decree shall begin periodic job rotation from April 1, 2008.
3. The Minister of Home Affairs shall provide guidance, supervise the implementation, and report to the Prime Minister annually in December on the implementation of this Decree..
4. Authorized bodies of political organizations and socio-political organizations shall provide guidance and supervise the implementation of this Decree for officials, civil servants, and public employees in agencies, organizations, and units under political organizations and socio-political organizations.
Article 18. Responsibility for Implementation
Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial and centrally governed city People's Committees, agencies, organizations, officials, civil servants, and public employees are responsible for implementing this Decree./.
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