Decision No. 1634/2009/QĐ-TTCP on the issuance of regulations on the transfer, rotation, and temporary assignment of officials and civil servants in the Government Inspectorate.

Pursuant to …;

Regarding the issuance of regulations on the transfer, rotation, and secondment of officials, civil servants, and employees of the Government Inspectorate

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GENERAL INSPECTOR

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Civil Servant Ordinance dated February 26, 1998; the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 28, 2000, and the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 29, 2003;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Considering the proposal of the Director of the Department of Personnel Organization,

DECISION:

Article 1. The accompanying Decision issues the "Regulations on the Transfer, Rotation, and Secondment of Officials, Civil Servants, and Employees of the Government Inspectorate."

Article 2. These Regulations take effect from the date of issuance and replace the Regulations issued together with Decision No. 2436/2007/QĐ-TTCP dated November 13, 2007 of the Chief Inspector.

The Heads of Departments, Directors of Bureaus, and Heads of Units under the Government Inspectorate shall be responsible for implementing these Regulations.

REGULATIONS

REGULATIONS ON THE TRANSFER, ROTATION, AND SECONDED ASSIGNMENT OF OFFICIALS, CIVIL SERVANTS, AND EMPLOYEES OF THE GOVERNMENT INSPECTORATE
(Issued together with Decision No. 1634/QĐ-TTCP dated July 15, 2009 of the Chief Inspector)

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PART I

GENERAL PROVISIONS

Article 1. Scope of Application

These Regulations govern the transfer, rotation, and seconder assignment of officials, civil servants, and employees (hereinafter referred to collectively as officials) under the management authority of the Government Inspectorate.

Article 2. Interpretation of Terms

1. Transfer means the act of transferring an official or civil servant from one agency, organization, or unit to another for work purposes by an authorized agency.

2. Rotation means the act of assigning or appointing a leading or managing official to hold a different leadership or management position for a specified period to continue training, development, and honing skills according to job requirements.

3. "Seconder Assignment" means the act of the head of an agency or unit with authority assigning an official to work temporarily in another agency, unit, or organization.

Article 3. Principles of Transfer, Rotation, and Seconder Assignment

1. The head of an agency or unit with authority to recruit officials has the right to transfer, rotate, or assign officials according to the hierarchical management of officials.

2. The transfer, rotation, or seconder assignment of officials must be based on work requirements, staffing quotas, and be commensurate with the qualifications and capabilities of the officials.

3. Officials who are transferred, rotated, or assigned must strictly comply with the transfer or rotation decisions made by the competent authority.

Chapter II

SPECIFIC PROVISIONS

Chapter I. TRANSFER OF OFFICIALS

Article 4. Objectives and Requirements for Transfer

1. To foster, train, and effectively utilize officials or to meet organizational restructuring needs to ensure uniformity within the cadre of officials in the Government Inspectorate.

2. Transfers must be based on the work requirements of the agency or unit and the qualifications and capabilities of the officials.

Article 5. Conditions for Transfer

1. Leading officials at the departmental and bureau levels and their units (including heads and deputies) who have held positions for ten years or more in one unit.

2. Due to organizational restructuring and personnel optimization needs.

3. To implement periodic job rotation as stipulated in Decree No. 158/2007/NĐ-CP of the Government.

4. Based on the personal wishes of the officials.

Article 6. Internal Reassignment within the Government Inspectorate Agency

1. In cases of reassignment based on work requirements of the agency:

a) Based on the work needs of the agency, the Cadre and Civil Servant Affairs Department prepares a list of proposed reassignments, reports to the Party Cadre and Civil Servant Council for approval (for department-level leaders); reports to the Chief Inspector (for other cases);

b) Based on the policy of the Party Cadre and Civil Servant Council and instructions from the Chief Inspector, the Cadre and Civil Servant Affairs Department conducts exchanges with the heads of departments, units where the staff members are currently working, and the heads of units where they will be transferred; organizes meetings and exchanges on work requirements with proposed reassignment staff members; seeks opinions from the Party Committee Standing Committee if the reassignment involves department-level leaders and equivalent positions;

c) The Cadre and Civil Servant Affairs Department submits to the Chief Inspector for review and decision on the reassignment.

The proposal must clearly state the policy of the Party Cadre and Civil Servant Council, the opinions of the reassignment staff members, department and unit leaders, the Party Committee Standing Committee (if applicable), and the opinion of the Cadre and Civil Servant Affairs Department.

2. In cases where staff members submit applications to transfer to different units:

a) Individuals must submit a transfer application, which must be approved by the head of the department or unit directly managing and using the staff member, then sent to the Cadre and Civil Servant Affairs Department;

b) The Cadre and Civil Servant Affairs Department seeks the opinion of the Deputy Chief Inspector responsible for the department or unit, followed by seeking approval from the Party Cadre and Civil Servant Council (if the reassignment involves department-level leaders and equivalent positions); for other cases, seek the opinion of the Chief Inspector.

c) Based on the policy of the Party Cadre and Civil Servant Council and the Chief Inspector, the Cadre and Civil Servant Affairs Department submits to the Chief Inspector for review and decision on the reassignment.

The submitted dossier includes: the transfer application; opinions of related individuals and organizations; the proposal regarding the reassignment of staff members.

If the Chief Inspector does not agree to the transfer, the Cadre and Civil Servant Affairs Department has the responsibility to inform the department/unit leaders and the staff member who submitted the transfer application.

Article 7. Reassignment of Staff Members from the Government Inspectorate Agency to Other Agencies

1. In cases where staff members submit applications to transfer to other agencies:

a) Individuals must submit a transfer application, which must be approved by the head of the department, bureau, or unit directly managing and using the staff member;

b) The Cadre and Civil Servant Affairs Department seeks the opinion of the Deputy Chief Inspector responsible for the department or unit, followed by seeking approval from the Party Cadre and Civil Servant Council (if the reassignment involves department-level leaders and equivalent positions); for other cases, seek the opinion of the Chief Inspector.

c) Based on the policy of the Party Cadre and Civil Servant Council and the Chief Inspector, the Cadre and Civil Servant Affairs Department submits to the Chief Inspector for review and decision on the reassignment.

The submitted dossier includes: the transfer application; opinions of related individuals and organizations; the proposal regarding the reassignment of staff members.

In cases where the transfer is not accepted, the Cadre and Civil Servant Affairs Department has the responsibility to inform the unit leaders, the staff member who submitted the transfer application, and the requesting agency.

2. In cases where another agency requests staff members from the Government Inspectorate Agency:

a) The Cadre and Civil Servant Affairs Department studies and exchanges with the requested staff member and the head of the department, bureau, or unit managing the staff member, proposes opinions, and reports to the Deputy Chief Inspector responsible for the department or unit with the staff member;

b) The Cadre and Civil Servant Affairs Department reports to the Party Cadre and Civil Servant Council for review and guidance (for department-level leaders and equivalent positions), reports to the Chief Inspector for review and opinion for other cases.

c) Based on the guidance of the Party Cadre and Civil Servant Council and the Chief Inspector, the Cadre and Civil Servant Affairs Department submits to the Chief Inspector for review and decision on the transfer.

The submitted dossier includes: the request document from the requesting agency; opinions of related individuals and organizations; the proposal regarding the reassignment of staff members.

If the Chief Inspector does not agree to the transfer, the Cadre and Civil Servant Affairs Department has the responsibility to inform the unit leaders, the staff member, and the requesting agency.

Section II. RELOCATION OF STAFF

Article 8. Purpose and Requirements for Relocation

1. Staff relocation aims to implement the policy of comprehensive training and effective utilization of the cadre leadership and management team; creating conditions for young staff with potential and those in the planning pool to be trained through practical experience.

2. The relocation must be based on work requirements, political tasks of the agency, and be consistent with the staff's level of ability.

Article 9. Conditions for Relocation

It is staff managing at the department level or higher; young staff with potential, staff in the planning pool, aiming to train and cultivate comprehensively through various positions in practical work to ensure the completion of the agency's political tasks or to take on higher responsibilities.

Article 10. Procedures and Formalities for Relocation

1. Based on the planning, work needs, and individual strengths of the staff, the Cadre and Civil Servant Organization Department will develop an annual staff relocation plan, including a list of staff proposed for relocation, which will be reported to the Party Cadre Affairs Board for approval. Subsequently, the following actions will be carried out:

a) Exchange with the leaders of units where staff will leave and arrive, meeting with staff proposed for relocation to inform them of the policy and listen to their opinions;

b) Exchange with the Party Committee Standing Committee of the agency (if relocating leadership staff at the department level and equivalent);

c) Compile files for submission to the General Inspector for review and decision.

2. Files for submission for relocation include:

a) A report on the relocation of staff by the Party Cadre Affairs Board, clearly stating the basis and opinions of related individuals and organizations;

b) Opinions of the Party Committee Standing Committee of the agency (if applicable);

c) Summary of curriculum vitae; evaluations and assessments from the leaders of the departments and units directly managing and using the staff proposed for transfer.

Section III. DETACHMENT OF STAFF

Article 11. Purpose and Requirements

1. Detachment is aimed at meeting the need for staff to carry out urgent and critical tasks that cannot be fulfilled through regular staff transfers.

2. Staff detachment must be based on work requirements, political tasks of the agency, and be consistent with the staff's level of ability and the nature of the work at the place of assignment.

3. Staff assigned for detachment must comply with the management and job assignments of the unit they are sent to. The unit sending staff for detachment must bear responsibility for paying salaries and ensuring other benefits for the detached staff.

In cases where staff are assigned to highland, remote, border, or island areas, they shall enjoy preferential policies according to the general regulations of the State.

Article 12. Conditions for Detachment

1. Due to proposals from Party and State agencies where staff transfers cannot be applied.

2. Due to the formation of organizations to fulfill the tasks of the Government Inspectorate and related agencies or partners for a specific period.

Chapter III

IMPLEMENTATION

Article 13. Responsibility for Implementation

1. Within their scope of responsibility and authority, heads of departments, bureaus, and units shall proactively organize the implementation of this Regulation.

2. Service units shall base this Regulation to specifically stipulate the procedures for transferring, rotating, and detaching staff under the分级任务如下：

3. The Organization and Cadres Department shall be responsible for coordinating with other departments and units to implement the transfer, rotation, and secondment of cadres in accordance with this Regulation.

During the implementation process, if there are any unclear points or difficulties, the departments and units shall report them to the Organization and Cadres Department for reporting to the Inspector General for consideration and resolution./.