Decision No. 1681/2009/QD-TTCP Issuing regulations on periodic rotation of job positions for officials, civil servants, and employees under the Government Inspectorate.

Pursuant to …;

Issuing regulations on periodic job rotation for officials, civil servants, and employees under the Government Inspectorate
function under the Government Inspectorate Agency

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GENERAL INSPECTOR

Pursuant to the Anti-Corruption Law dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Anti-Corruption Law dated August 4, 2007;

Pursuant to Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government stipulating the list of job positions and the periodic term for job rotation for officials, civil servants, and employees;

Considering the proposal of the Director of the Cadre and Civil Service Department,

DECISION:

Article 1. This Decision promulgates the "Regulations on Periodic Job Rotation for Officials, Civil Servants, and Employees under the Government Inspectorate" attached hereto.

Article 2. This Decision takes effect from the date of issuance;

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

REGULATIONS

REGULATIONS ON PERIODIC JOB ROTATION FOR OFFICIALS, CIVIL SERVANTS, AND EMPLOYEES UNDER THE GOVERNMENT INSPECTORATE
(Attached to Decision No. 1681/2009/QĐ-TTCP dated July 17, 2009 of the Chief Inspector)

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Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. These regulations govern the periodic job rotation for officials, civil servants, and employees working in departments, bureaus, and units under the Government Inspectorate with the aim of proactively preventing corruption.

2. The rotation of officials, civil servants, and employees holding leadership and management positions at the department level and above who are currently working at the Government Inspectorate shall be carried out in accordance with the regulations on official rotation.

Article 2. Principles for Implementing Periodic Position Rotation

1. The implementation of periodic job rotation is mandatory for all officials, civil servants, and employees working in job positions that require periodic rotation.

2. The implementation of periodic job rotation must be objective, scientific, and reasonable, consistent with the expertise and professional qualifications of officials, civil servants, and employees; it should be conducted gradually without causing division, disruption, or stagnation in the operations of departments, bureaus, and units.

Chapter 2.

SPECIFIC PROVISIONS

Article 3. List of job positions requiring periodic rotation

Officials, civil servants, and employees working in departments, bureaus, and units under the Government Inspectorate in the following job positions must undergo periodic rotation:

1. In the Cadre and Civil Service Organization Department:

a) Recruitment and hiring of officials, civil servants, and employees;

b) Appointment, rotation, transfer, and secondment of officials, civil servants, and employees;

c) Examination for promotion to higher ranks for civil servants;

d) Training and development of officials, civil servants, and employees.

2. In the Inspection Departments, Corruption Prevention Bureau, and Complaints and Petitions Resolution and Regional Inspection Bureaus:

a) Inspection work, complaints and petitions resolution, anti-corruption work, and citizen reception in specialized departments;

b) Accounting and financial management, procurement of public assets (for bureaus with separate budgets).

3. In the Office of the Government Inspectorate:

a) Financial management, accounting, and financial affairs;

b) Procurement management of public assets;

c) Construction project management and investment project management;

d) Handling of complaints and petitions letters.

4. In affiliated entities:

a) Accounting and financial management, procurement of public assets, construction project management;

b) Recruitment and hiring, appointment, rotation, and transfer of officials and employees;

c) Management and issuance of certificates and diplomas by the Inspector Training School.

5. Officials engaged in capital management and accounting work as full-time staff in project management boards funded by official development assistance (ODA).

Article 4. Periodic rotation term for job positions.

The periodic rotation term for job positions requiring rotation is three years (36 months) for officials, civil servants, and employees working in such positions.

Article 5. Cases where conversion has not been made or cannot be made

1. In cases where the rotation period has expired but the rotation has not yet been carried out; the rotation shall be carried out when there are no longer reasons for non-rotation:

a) Officials, civil servants, and public employees who are currently under disciplinary review or punishment;

b) Officials, civil servants, and public employees who are currently under investigation or have connections to matters under investigation, audit, or inspection;

c) Officials, civil servants, and public employees undergoing treatment for serious illnesses as defined by the Ministry of Health, attending long-term studies, or on special assignment;

d) Female officials, civil servants, and public employees who are pregnant or nursing children under 36 months old. In cases where they must care for children under 36 months old due to their wife's death or other objective circumstances, male officials, civil servants, and public employees shall also be treated similarly to female officials, civil servants, and public employees;

e) Officials and civil servants serving as heads of inspection teams or handling complaints and denunciations.

2. Conversion of job positions shall not be carried out for officials, civil servants, and public employees with less than 18 months of service remaining before reaching retirement age.

Article 6. Methods and forms for periodic job position conversion

1. Methods for periodic job position conversion:

a) Job position conversion within the same specialized department based on the assigned sector, field, or area of supervision and management;

b) Job position conversion between different specialized departments within the same bureau or unit;

c) Job position conversion between bureaus and units within the Government Inspectorate.

2. Forms for periodic job position conversion for officials, civil servants, and public employees must be implemented through written documents from authorized persons:

a) The job position conversion of officials, civil servants, and public employees within the same bureau or unit shall be implemented through a notification of job position conversion;

b) The job position conversion of officials, civil servants, and public employees between different bureaus or units shall be implemented through a decision on job position conversion.

Article 7. Authority to decide on job position conversion

1. The General Inspector decides on the job position conversion (transfer) of officials, civil servants, and public employees from one unit to another within the Government Inspectorate.

2. The Director of Departments, Bureau Chiefs, and Heads of Units under the Government Inspectorate decide on the job position conversion of officials, civil servants, and public employees between specialized departments within the same unit.

3. The Head of the Department decides on the job position conversion (reassignment of tasks) of officials, civil servants, and public employees within the same department after reporting and obtaining approval from the unit head.

Article 8. Responsibility for Implementation

1. Departments, Bureaus, and Units:

a) Direct specialized departments to implement and organize the periodic job position conversion between specialized departments within the unit; propose lists of officials, civil servants, and public employees for job position conversion to other units within the Government Inspectorate;

b) In cases where the unit only has one position in the periodic job position conversion list and this position requires different professional qualifications from other positions in the unit, the unit's job position conversion plan must clearly state this and propose solutions (no conversion or alternative plans when converting);

c) By November 1st each year, departments, bureaus, and units must report to the General Inspector (through the Department of Organization and Cadres) on the implementation of periodic job position conversion during the year and develop the next year's periodic job position conversion plan.

2. The Department of Organization and Cadres:

a) Guide and inspect the implementation of periodic job position conversion by departments, bureaus, and units;

b) Based on proposals from departments, bureaus, and units, submit to the General Inspector for decisions on periodic job position conversion of officials, civil servants, and public employees from one unit to another within the Government Inspectorate;

c) Assist the General Inspector in compiling and drafting reports on the situation and results of implementation to be submitted to the Ministry of Home Affairs by December 1st each year as prescribed.

Article 9. Responsibilities of civil servants and public officials

Civil servants and public officials must strictly comply with decisions on periodic job position rotation made by competent authorities.

Article 10. Handling of violations

Civil servants and public officials who violate this Regulation and other relevant laws concerning periodic job position rotation shall be subject to legal sanctions according to the nature and severity of their violations.

Chapter 3.

IMPLEMENTING PROVISIONS

Article 11. Responsibility for Implementation

All civil servants and public officials under the Government Inspectorate have the responsibility to implement this Regulation; Department Heads, Bureau Chiefs, and Heads of units shall disseminate and ensure strict implementation within their respective units.

For matters related to periodic job position rotation not covered in this Regulation, they shall be implemented in accordance with Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government and other relevant legal documents.

Article 12. Amendment and Supplement to the Regulation

The Head of the Cadre and Civil Service Organization Department is responsible for monitoring, inspecting, urging the implementation of this Regulation, collecting feedback, and promptly proposing amendments and supplements to the Regulation to meet the requirements of the Government Inspectorate's work.