Decision No. 161/2003/QĐ-TTg Issuing the Regulation on Training and Capacity Building for Civil Servants

Article 1. The Decision hereby promulgates the Training and Capacity Building Regulations for cadres and civil servants.

Article 2. This Decision takes effect fifteen days after its publication in the Official Gazette. Any previous documents that conflict with this Decision are hereby abolished.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.

REGULATIONS

TRAINING AND CAPACITY BUILDING FOR CADRES AND CIVIL SERVANTS
(Promulgated together with Decision No. 161/2003/QĐ-TTg dated August 4, 2003 of the Prime Minister)

Chapter 1:

GENERAL PROVISIONS

Article 1. These regulations stipulate training and capacity building for the following categories (collectively referred to as cadres and civil servants):

1. Administrative civil servants and probationary civil servants working in central, provincial, and district state agencies;

2. Cadres and civil servants at commune, ward, and town levels;

3. Deputies of People's Councils at all levels.

Article 2. The objectives of training and capacity building are to equip knowledge on political theory; management knowledge and skills; specialized vocational knowledge and skills; foreign language and information technology knowledge, and other supplementary knowledge to build a cadre and civil servant workforce proficient in their specialized fields, meeting the requirements for enhancing the effectiveness of the state apparatus, having good moral qualities, and being loyal to the Socialist Republic of Vietnam.

Article 3. Training and capacity building for cadres and civil servants must be based on the standards of each position, the vocational standards of each rank and title of cadres and civil servants; planning and plans for developing the cadre and civil servant workforce of the agency or unit, and the training and capacity building needs of cadres and civil servants, serving the performance of assigned tasks and duties.

Chapter 2:

CONTENT, CURRICULUM, TEXTBOOKS, TESTING, AND ISSUANCE OF TRAINING CERTIFICATES

PART I. CONTENT, CURRICULUM, TEXTBOOKS, AND MATERIALS

Article 4. The content of training and capacity building for cadres and civil servants includes:

1. Political theory;

2. Legal knowledge, management knowledge and skills;

3. Specialized vocational knowledge and skills;

4. Information technology and foreign language knowledge, and other supplementary knowledge.

Article 5. The curricula, textbooks, and materials used in training and capacity building for cadres and civil servants include:

1. Types of curricula and textbooks for training and capacity building according to the standards of ranks and titles of cadres and civil servants.

2. Programs and materials for advanced and updated capacity building:

a) Programs and materials for additional capacity building according to the standards of ranks and titles of cadres and civil servants;

b) Programs and materials for updating specialized vocational knowledge;

c) Programs and materials for training, capacity building, and sourcing leadership and management cadres;

d) Programs and materials for capacity building for promotion and transfer of ranks; programs and materials for training probationary civil servants;

e) Programs and materials for capacity building for deputies of People's Councils at all levels.

3. Curricula and textbooks for training and capacity building in information technology, foreign languages, and other supplementary knowledge according to the standards of ranks.

Article 6. The regulation of the structure of the content of the curricula and the organization of compiling textbooks and materials for training and capacity building for cadres and civil servants is divided as follows:

1. The Ministry of Home Affairs, in collaboration with the Central Organization Committee and relevant agencies, shall define the structure of the content of the curricula mentioned in Clause 1, the curricula mentioned in Points a, d, and e, and the curricula for training, capacity building, and sourcing leadership cadres at the departmental and provincial level and above mentioned in Point c of Clause 2 of Article 5.

The Ministry of Home Affairs, in collaboration with the National Academy of Politics under Ho Chi Minh, shall organize the compilation of textbooks and materials for training and capacity building according to the structure of the content of the curricula defined in this clause.

2. Ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and centrally governed cities shall define the structure of the content of the curricula and organize the compilation of materials for training and capacity building mentioned in Point b, and the curricula and materials for training, capacity building, and sourcing leadership cadres at the division level mentioned in Point c of Clause 2 of Article 5.

3. The Ministry of Education and Training shall define the structure of the content of the curricula, organize the compilation of textbooks, and specify other related contents concerning the training of information technology, foreign language, and supplementary knowledge mentioned in Clause 3 of Article 5.

Article 7. Curricula, textbooks, and materials for training and capacity building shall be developed according to specific types based on the vocational standards prescribed for each type of position, each rank and title of cadres and civil servants. The content of training and capacity building must be practical and have a reasonable structure among theoretical political knowledge, state management knowledge, specialized vocational knowledge, and practical skills.

Article 8.

1. All textbooks and materials for training and capacity building for cadres and civil servants stipulated in Article 5 of these regulations must be reviewed before issuance and use.

2. The agency that defines the structure of the content of the curriculum shall be responsible for organizing the review and issuing decisions to promulgate and use textbooks and materials for training and capacity building.

3. The agency issuing decisions to promulgate textbooks and materials for training and capacity building shall be responsible for monitoring and inspecting the implementation; organizing research and recommending competent authorities to amend, supplement, and perfect textbooks and materials or organizing amendments, supplements, and improvements to the training and capacity building programs delegated.

Article 9. The agency compiling textbooks and materials for training and capacity building shall be responsible for:

1. Guiding the use of textbooks and materials for training and capacity building after issuance and use decisions;

2. Organizing research and recommending competent authorities to allow amendments, supplements, and improvements to textbooks and materials for training and capacity building for cadres and civil servants.

Section II. INSPECTION AND ISSUANCE OF CERTIFICATES

Article 10. All training courses for civil servants and public officials conducted according to programs, curricula, and materials prescribed in Article 5 of this Regulation must be subject to inspection and evaluation of results before completion. The form of such inspections and evaluations shall be determined by the competent authority issuing the program and curriculum.

Article 11.

1. A certificate is a legal document confirming the learning outcomes and qualifications of the certificate holder who has completed a specified training or development program as provided for.

2. Training certificates based on rank standards are among the conditions for civil servants to be classified into the ranks they have studied and are also conditions for civil servants to enroll in higher-level training programs.

Article 12.

1. The Ministry of Home Affairs shall take the lead and coordinate with the Central Organization Committee to establish and guide the uniform application throughout the country of various types of training and development certificates, including supplementary training certificates for knowledge levels based on rank standards and job titles; certificates for pre-service training and promotion training for civil servants; and certificates for leadership training programs at the departmental and provincial level and above.

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally governed cities shall establish and guide the use of various types of updating training certificates for specialized knowledge and skills; and certificates for leadership training programs at the divisional level.

Article 13.

1. The organization of printing and issuance of certificates to civil servants after completing training and development courses shall be carried out by the training and development institutions and they shall bear legal responsibility.

2. Training and development institutions authorized to conduct training and development according to specific programs and contents shall issue certificates for those programs and contents.

3. Certificates issued by training and development institutions for civil servants shall be valid nationwide.

Chapter 3:

INSTRUCTORS

Article 14. Instructors for training and development of civil servants include instructors from training and development institutions and part-time instructors who are leaders and managers at all levels of central and local ministries and sectors; and civil servants holding senior specialist ranks and equivalent positions.

Article 15. Instructors for training and development of civil servants must possess good political qualities and morals, loyalty to the Socialist Republic of Vietnam; practical experience and professional expertise, and pedagogical methods that meet the requirements of their assigned tasks.

The Ministry of Home Affairs shall take the lead and coordinate with the Central Organization Committee to establish specific criteria for instructors of civil servants' training and development.

Article 16. Instructors for training and development of civil servants shall enjoy training and development benefits to enhance their professional expertise and other stipulated benefits by the State.

Chapter 4:

RESPONSIBILITIES AND RIGHTS OF CIVIL SERVANTS IN THE FIELD OF TRAINING AND DEVELOPMENT

Article 17. Responsibilities of civil servants:

1. Civil servants must continuously study to improve their theoretical knowledge; professional knowledge and skills; and other complementary knowledge as prescribed.

2. Civil servants holding current positions or belonging to certain ranks and job titles must undergo training and development to meet the prescribed knowledge standards for those positions and ranks.

3. Civil servants who, after receiving training and development, voluntarily leave their posts or transfer out of the state sector due to personal reasons must compensate the employing agency or organization for the costs of training and development as stipulated by the State.

Article 18. Rights of civil servants.

1. Civil servants selected for training and development shall be allocated time and funding according to established regulations.

2. If civil servants are personally willing and selected by the competent authority for training and development, they shall be supported with time and funding according to the ability and permitted conditions.

3. During the period of being selected to attend training and development courses, civil servants shall receive full salary and other benefits as prescribed.

Chapter 5:

ORGANIZATION OF TRAINING AND DEVELOPMENT

Section I. ASSIGNMENT OF ORGANIZATIONS FOR TRAINING AND CAPACITY BUILDING OF CIVIL SERVANTS

Article 19. The Ho Chi Minh National Academy of Politics and the Ministry of Home Affairs organize training and capacity building for civil servants at the level of Senior Specialist and above, and provincial People's Council representatives; organize training and capacity building to create sources and update knowledge for district-level leadership and management officials, provincial-level leadership and management officials, department-level leadership and management officials, and equivalent positions, and some other subjects.

Article 20. Provincial Political Schools under the central government organize capacity building for civil servants at the level of Cadre and Specialist; grassroots-level civil servants, district-level People's Council representatives; organize capacity building to create sources and management skills for local department-level leadership officials.

Article 21. Training and capacity building centers for civil servants of ministries and sectors organize training and capacity building for civil servants at the level of Cadre and Specialist; organize advanced capacity building and knowledge updating in specialized fields for department-level leadership officials, division-level leadership officials, bureau-level leadership officials, and equivalent positions, and grassroots-level specialized positions according to vertical specialties, and some other subjects based on demand.

Article 22. The basic forms of organizing training and capacity building for civil servants are centralized, semi-centralized, and self-study.

Training and capacity building institutions research and select appropriate organizational forms for each category of civil servants, ensuring the quality and effectiveness of training and capacity building programs.

Article 23. The method of training and capacity building for civil servants is an active method: promoting the initiative, proactivity, and creative thinking of learners; enhancing dialogue activities to exchange information, knowledge, and experience between lecturers and students and among students.

Article 24. Coordination and guidance relationships in organizing training and capacity building for civil servants:

1. The Ho Chi Minh National Academy of Politics and the Ministry of Home Affairs are responsible for guiding the content of curricula, textbooks, methods of training and capacity building, and training lecturers for provincial political schools, and training and capacity building institutions for civil servants of ministries and sectors.

2. Training and capacity building institutions for civil servants of ministries and sectors are responsible for implementing the content of curricula and textbooks for training and capacity building according to the guidance of the Ho Chi Minh National Academy of Politics and the Ministry of Home Affairs; organizing the exchange of experiences, coordinating in compiling textbooks and training materials at the assigned levels; and cooperating with relevant agencies to organize theoretical and practical training and teaching methods for directors, administrative officers, and part-time lecturers of county-level political training centers.

3. Provincial political schools are responsible for implementing the content of curricula and textbooks for training and capacity building according to the guidance of the Ho Chi Minh National Academy of Politics and the Ministry of Home Affairs; organizing the exchange of experiences, coordinating in compiling textbooks and training materials at the assigned levels; and cooperating with relevant agencies to organize theoretical and practical training and teaching methods for directors, administrative officers, and part-time lecturers of county-level political training centers.

Article 25. Funding for training and capacity building of civil servants is sourced from state budget allocations; contributions from agencies and organizations sending civil servants to study; contributions from individuals sent to study; and funding from foreign sponsors.

Management and utilization of funding for training and capacity building of civil servants are carried out in accordance with current financial regulations.

Section II. STATE MANAGEMENT OF TRAINING AND STAFF DEVELOPMENT FOR CIVIL SERVANTS

Article 26. The Ministry of Home Affairs coordinates with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Education and Training, and relevant agencies to advise and assist the Government in managing and implementing state management activities within their jurisdiction regarding training and staff development for civil servants nationwide, and is responsible for:

1. Drafting and submitting to competent authorities for issuance, or issuing within its authority, legal normative documents, systems, and policies related to training and staff development for civil servants;

2. Developing strategies, plans, and programs for training and staff development for civil servants, submitting them to competent authorities for approval or issuance; organizing and guiding implementation, and being responsible for the plans after issuance; monitoring and summarizing the results of training and staff development for civil servants from ministries, sectors, and localities;

3. Preparing plans and organizing the dispatch of civil servants for overseas training and staff development funded by the state budget and other sources of funding;

4. Establishing annual, medium-term, and long-term state budget indicators for training and staff development for civil servants, submitting them to the Government for approval; establishing standards and allocating indicators for training and staff development for ministries, sectors, and localities;

5. Specifying curricula, examinations, and certification in the field of training and staff development for civil servants;

6. Setting basic standards for training and staff development facilities and equipment, and instructor qualifications;

7. Conducting inspections and audits of training and staff development activities for civil servants;

8. Organizing competitions and commendations, as well as disciplinary actions.

Article 27. Ministries, ministerial-level agencies, agencies under the Government, provincial people's committees, and centrally-administered city people's committees manage training and staff development for civil servants within their respective sectors and localities, and are responsible for:

1. Drafting, issuing, and implementing plans and programs for training and staff development for civil servants under their jurisdiction; implementing reporting systems on annual training and staff development outcomes and the following year's plan to the Ministry of Home Affairs for monitoring and summarization;

2. Managing and developing training and staff development facilities and instructor teams within their jurisdiction;

3. Establishing and issuing incentive systems for civil servants to continuously improve their skills and capabilities;

4. Inspecting and auditing the implementation of training and staff development policies and completing tasks specified in Clause 2 of Article 6, Article 8, and Clause 2 of Article 12 of this Regulation.