Decree No. 18/2010/NĐ-CP on training and upgrading civil servants

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the system, content, program, organization, and management of the training and capacity building for civil servants.

2. This Decree applies to civil servants as defined in Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government on persons who are civil servants and commune-level civil servants as defined in Clause 2, Article 3 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on job titles, number, and some policies for cadres and civil servants at commune, ward, town levels and persons working non-professionally at the commune level.

Article 2. Objectives of Training and Capacity Building for Civil Servants

1. To equip knowledge, skills, and methods to perform tasks and public duties.

2. To contribute to building a professional cadre of civil servants with sufficient capabilities to build a modern administrative system.

Article 3. Principles of Training and Capacity Building

1. Training and capacity building must be based on job positions, rank standards, leadership position standards, and management needs, and the demand for building and developing human resources of agencies and units.

2. Ensuring the autonomy of managing agencies and units using civil servants in training and capacity building activities.

3. Combining decentralization mechanisms and competitive mechanisms in organizing training and capacity building.

4. Promoting self-study and the right of civil servants to choose capacity building programs according to their job positions.

5. Ensuring transparency, efficiency, and effectiveness.

Article 4. System of Training and Capacity Building

1. Orientation for probationary civil servants during the probation period.

2. Capacity building according to rank standards.

3. Training and capacity building according to leadership and management position standards.

4. Mandatory minimum annual capacity building on professional knowledge and skills (the implementation time is 01 week per year; one week is equivalent to 05 days of study, one day of study consists of 08 sessions). Time spent on different capacity building courses can be accumulated.

Article 5. Definitions

In this Decree, the following terms shall be understood as follows:

1. refers to activities aimed at equipping, updating, and enhancing knowledge of laws, skills, and expertise related to counter-terrorism. is the systematic transmission and reception of knowledge and skills as prescribed for each educational level.

2. 1. To equip and provide knowledge of laws related to counter-terrorism; necessary skills and expertise for students, trainees, and officials engaged in counter-terrorism work. is the activity of equipping, updating, and enhancing knowledge and skills for work.

3. Capacity building according to rank standards is equipping knowledge and skills for activities according to the prescribed program for civil servant ranks.

4. Training and capacity building according to leadership and management position standards is equipping knowledge, skills, and working methods according to the prescribed program for each leadership and management position.

5. Capacity building according to job positions is equipping, updating knowledge, skills, and necessary methods to perform assigned tasks well.

Chapter II
CONTENT, PROGRAMS, CERTIFICATES FOR TRAINING AND CAPACITY BUILDING

Article 6. Content of Training and Capacity Building

1. Content of training and capacity building within the country:

a) Political theory;

b) Specialized knowledge and professional skills;

c) Legal knowledge; knowledge and skills in state administration and specialized management;

d) Information technology, foreign languages, ethnic languages.

2. Content of capacity building outside the country:

a) Knowledge, experience, and skills in administrative state management and specialized management;

b) Knowledge and experience in international integration.

Article 7. Types of Programs and Materials for Training and Capacity Building and Implementation Periods

1. Types of programs and materials for capacity building according to rank standards shall be implemented within a maximum period of 08 weeks, including:

a) Programs and materials for capacity building for clerical ranks and equivalents;

b) Programs and materials for capacity building for assistant specialist ranks and equivalents;

c) Programs and materials for capacity building for senior assistant specialist ranks and equivalents;

d) Programs and materials for capacity building for senior specialist ranks and equivalents.

2. Types of programs and materials for training and capacity building according to leadership and management position standards shall be implemented within a maximum period of 04 weeks, including:

a) Programs and materials for training and capacity building for department-level leaders and equivalents;

b) Programs and materials for training and capacity building for district-level leaders and equivalents;

c) Programs and materials for training and capacity building for provincial-level leaders and equivalents;

d) Programs and materials for training and capacity building for ministry-level leaders and equivalents;

e) Programs and materials for training and capacity building for deputy ministers and equivalents.

3. Types of programs and materials for capacity building on professional knowledge and skills shall be implemented within a maximum period of 02 weeks, including:

a) Programs and materials for capacity building according to professional standards;

b) Programs and materials for capacity building to update knowledge and skills according to job positions.

Article 8. Requirements for the compilation of programs and materials

1. Programs and materials shall be compiled based on the standards of civil servant ranks, leadership and management positions, and job requirements.

2. The contents of the programs and materials must ensure a combination of theory and practice, knowledge, experience, and practical skills, with continuity and no duplication.

3. Training and development programs and materials must be supplemented and updated to suit current circumstances.

Article 9. Management of training and development programs

1. The Ministry of Home Affairs manages the development programs according to the standards of civil servant ranks, and training and development programs according to the standards of leadership and management positions.

2. Ministries, agencies at the ministerial level, and government agencies manage the development programs for specialized knowledge and skill enhancement.

3. Tasks in managing training programs include:

a) Organizing compilation;

b) Organizing review and evaluation;

c) Approving, issuing, and guiding implementation.

Article 10. Organization of Compilation of Training and Development Materials

1. The National Academy of Political Studies and Public Administration compiles materials for development according to the standards of senior specialist ranks and equivalent ranks; training and development materials according to the standards of leadership and management positions at the district, department, bureau levels and above, following the program issued by the Ministry of Home Affairs.

2. Academies, Schools, Centers for training and developing cadres and civil servants under ministries, agencies at the ministerial level, and government agencies (hereinafter referred to collectively as training and development institutions) compile materials for development according to the standards of cadre ranks and equivalent ranks, specialist ranks and equivalent ranks, senior specialist ranks and equivalent ranks; training and development materials according to the standards of leadership and management positions at the division level following the program issued by the Ministry of Home Affairs; materials for specialized knowledge and skill enhancement.

3. Provincial Political Colleges organize the compilation of materials for development according to the standards of cadre ranks and equivalent ranks, specialist ranks and equivalent ranks, senior specialist ranks and equivalent ranks; training and development materials according to the standards of leadership and management positions at the division level following the program issued by the Ministry of Home Affairs; coordinate with ministries, agencies at the ministerial level, and government agencies to compile materials for specialized knowledge and skill enhancement.

Article 11. Organization of Reviewing Training and Development Programs and Materials

1. The agency managing the programs and compiling the materials organizes the review of development programs and materials according to the standards of civil servant ranks, and training and development programs and materials according to the standards of leadership and management positions as stipulated in Clause 1 and 2, Article 7 of this Decree.

2. Ministries, agencies at the ministerial level, and government agencies, provincial People's Committees decide on the procedures for evaluating specialized knowledge and skill enhancement programs and materials as stipulated in Clause 3, Article 7 of this Decree before putting them into use.

3. The Ministry of Home Affairs guides the procedures, steps, and content of reviewing and evaluating the programs and materials as stipulated in Clauses 1 and 2 of this Article.

Article 12. Certificates of Training and Development for Civil Servants

1. Training and development institutions issue certificates for the programs they are assigned to implement.

2. Certificates of training and development for civil servants include:

a) Certificate of development program according to the standard of civil servant rank;

b) Certificate of training and development program according to the standard of leadership and management position;

c) Certificate of development program for specialized knowledge and skill enhancement.

3. The certificate of development program according to the standard of civil servant rank, and the certificate of training and development program according to the standard of leadership and management position are among the bases for considering the conditions for appointment to a civil servant rank or appointment to a leadership and management position; the certificate of development program for specialized knowledge and skill enhancement is among the bases for assessing the completion of tasks in a year by a civil servant.

4. Certificates of training and development for civil servants are used according to a unified model throughout the country. The Ministry of Home Affairs prescribes the model and guidelines for using certificates of training and development for civil servants.

Chapter III
TRAINING AND DEVELOPMENT ORGANIZATIONS AND INSTRUCTORS

PART 1
TRAINING AND DEVELOPMENT ORGANIZATIONS

Article 13. Allocation of Training and Capacity Building Organizations

1. The National Academy of Political Science and Public Administration Ho Chi Minh City shall have the following tasks:

a) Implementing the capacity building program according to the standards for senior specialist ranks and equivalent positions;

b) Implementing the training and capacity building programs according to the standards for leadership and management positions at district, provincial department, ministry department levels and above;

c) Implementing other training and capacity building programs assigned by competent authorities;

d) Providing advanced professional training and pedagogical methods for lecturers of provincial political schools under central cities; lecturers of training and capacity building institutions of ministries, ministerial-level agencies, and government-affiliated agencies.

2. Provincial Political Schools under central cities shall have the following tasks:

a) Implementing the capacity building program according to the standards for civil servant ranks such as staff rank, specialist rank, senior specialist rank, and equivalent positions;

b) Implementing the training and capacity building programs according to the standards for leadership and management positions at division level and equivalent;

c) Implementing the capacity building program according to the standards for village-level civil servant positions and other subjects assigned by competent authorities.

3. Training and capacity building academies, schools, and centers of ministries, ministerial-level agencies, and government-affiliated agencies shall have the following tasks:

a) Implementing the capacity building program according to the standards for civil servant ranks such as staff rank, specialist rank, senior specialist rank, and equivalent positions;

b) Implementing the training and capacity building programs according to the standards for leadership and management positions at division level and equivalent;

c) Implementing the capacity building program according to the standards for village-level civil servant positions based on professional fields and other subjects assigned by competent authorities.

Article 14. Methods of Training and Capacity Building

Training and capacity building shall be conducted through active methods that promote self-awareness, initiative, and creative thinking of learners, enhancing information exchange, knowledge, and experience sharing between lecturers and students, and among students.

Article 15. Forms of Organizing Training and Capacity Building

1. Concentrated.

2. Semi-concentrated.

3. Work-study.

4. Distance.

Article 16. Evaluation of Training and Capacity Building Quality

1. Evaluating the quality of training and capacity building aims to provide information about the improvement of job performance capabilities of civil servants after training and capacity building.

2. The evaluation of training and capacity building quality must ensure transparency, objectivity, and honesty.

3. Content of Evaluation:

a) The appropriateness of the program content with the requirements of rank standards, leadership and management position standards, and job position requirements;

b) The capability of lecturers and the suitability of teaching methods with the program content and learners;

c) The organizational capability of training and capacity building institutions;

d) The degree of absorption of knowledge and skills by civil servants and their practical application in performing duties.

4. The evaluation of training and capacity building quality shall be carried out by management agencies, units using civil servants, training and capacity building institutions of ministries, ministerial-level agencies, government-affiliated agencies, and provincial political schools under central cities, or they may hire independent evaluation agencies.

PART 2
INSTRUCTORS

Article 17. Lecturers for Training and Capacity Building

1. Domestic lecturers: lecturers from training and capacity building institutions, part-time lecturers, and invited guest lecturers.

2. Foreign lecturers.

Article 18. Policies for Lecturers

1. The remuneration and policies for lecturers of the National Academy of Political Science and Public Administration Ho Chi Minh City shall be stipulated by competent authorities.

2. Lecturers of training and capacity building institutions of ministries, ministerial-level agencies, government-affiliated agencies, and provincial political schools under central cities shall enjoy the same remuneration and policies as university lecturers.

3. The Ministry of Home Affairs, the Ministry of Education and Training, and the Ministry of Finance shall provide detailed guidelines on the criteria, remuneration, and policies for lecturers of training and capacity building institutions of ministries, ministerial-level agencies, government-affiliated agencies, and provincial political schools under central cities, as well as foreign lecturers.

Chapter IV
RIGHTS AND OBLIGATIONS OF CIVIL SERVANTS AND TRAINING AND CAPACITY BUILDING EXPENSES

Article 19. Cases where civil servants are assigned to undergo secondary, college, or university training

1. Agencies and units are reorganized and rearranged.

2. Civil servants who have been appointed to rank or leadership position but have not yet met the required educational qualifications as prescribed.

Article 20. Conditions for civil servants to be assigned to postgraduate training

1. Having at least five years of work experience.

2. The field of study is appropriate to the job position.

3. Not exceeding forty years old counted from the time of being assigned to training.

4. Commitment to continue performing duties and public service tasks after completing the training program for at least three times the duration of the training period.

5. Having completed at least three consecutive years with good performance.

Article 21. Benefits for civil servants assigned to training and upgrading

1. Civil servants assigned to domestic training and upgrading:

a) Time and funding are arranged by the managing and using agencies according to regulations;

b) Have their training and development period counted towards continuous working time;

c) They receive full salary and allowances during the training and upgrading period;

d) Are recognized and rewarded for outstanding results in training and development.

2. Civil servants assigned to overseas training and upgrading enjoy benefits stipulated in point b, Clause 1 of this Article and other provisions under the law.

Article 22. Responsibilities for implementing training and upgrading programs

1. Implementing training and upgrading programs as prescribed in Article 4 of this Decree.

2. Strictly adhere to training and development regulations and be subject to management by the training and development institution during the course period.

Article 23. Training and upgrading funds

Funds for civil servant training and upgrading include state budget, funds of the managing agency, the unit that assigns the civil servant, the civil servant themselves, and foreign organizations and individuals' sponsorship.

Article 24. Compensation for training and upgrading costs

Civil servants participating in training and upgrading programs who voluntarily withdraw from studies or leave their jobs, or who have completed their studies but have not served the agreed-upon period must compensate for the training and upgrading costs. The Ministry of Home Affairs will provide detailed guidance on this matter.

Chapter V
MANAGEMENT OF TRAINING AND UPGRADE WORK

Article 25. Tasks and Authorities of the Ministry of Home Affairs

1. Drafting and submitting to competent authorities for issuance or issuing within its authority legal normative documents, systems, and policies on civil servant training and upgrading.

2. Developing strategies, plans, and programs for civil servant training and upgrading, submitting them to competent authorities for approval or issuing within its authority; organizing and guiding the implementation of these strategies, plans, and programs after issuance; monitoring and summarizing the results of civil servant training and upgrading conducted by ministries, ministerial-level agencies, government agencies, provincial people's committees, and centrally-administered municipal people's committees.

3. Organizing overseas civil servant upgrading programs within its authority.

4. Summarizing annual, medium-term, and long-term training and upgrading needs, proposing corresponding budgets; guiding ministries, ministerial-level agencies, government agencies, provincial people's committees, and centrally-administered municipal people's committees to implement after approval by the Government.

5. Managing upgrading programs based on civil servant ranks and training programs based on leadership positions.

6. Establishing basic standards for training and upgrading.

7. Inspecting and supervising civil servant training and upgrading activities.

8. Organizing competitions and commendations in civil servant training and upgrading.

9. Guiding the organization of overseas civil servant upgrading funded by the state budget.

Article 26. Tasks and Authorities of Ministries, Ministerial-Level Agencies, and Government Agencies

1. Develop and organize the implementation of training and capacity-building plans for civil servants within their jurisdiction.

2. Implement training and capacity-building systems as prescribed; report annually on the results of civil servant training and capacity-building activities to the Ministry of Home Affairs for monitoring and consolidation.

3. Dispatch civil servants for training and capacity-building within their authority.

4. Organize overseas capacity-building courses for civil servants.

5. Manage and compile training and capacity-building programs and materials for civil servants within their assigned responsibilities.

6. Manage training institutions and instructors within their authority.

7. Inspect and supervise the implementation of training and capacity-building systems and policies within their authority.

Article 27. Tasks and Authorities of the Ministry of Finance

1. Balance and allocate annual, medium-term, and long-term training and capacity-building budgets both domestically and abroad, and submit them for approval by the competent authority.

2. Guide and inspect the management and use of training and capacity-building funds.

Article 28. Tasks and Authorities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Develop and promulgate incentive systems encouraging civil servants to continuously study and improve their work capabilities; allocate funds to ensure the operation of training and capacity-building activities.

2. Develop and promulgate training and capacity-building plans and organize their implementation within their jurisdiction.

3. Implement training and capacity-building systems as prescribed; report annually on the results of civil servant training and capacity-building activities to the Ministry of Home Affairs for monitoring and consolidation.

4. Manage and compile training and capacity-building programs within their assigned responsibilities.

5. Manage training institutions and instructors within their authority.

6. Inspect and supervise the implementation of training and capacity-building systems and policies within their authority.

Article 29. Responsibilities of Civil Servant Employing Units

1. Implement probationary guidance systems.

2. Propose the compilation and selection of appropriate training and capacity-building programs based on the positions held by civil servants.

3. Create conditions for civil servants to implement training and capacity-building systems as prescribed.

Chapter VI
IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Decree takes effect from May 1, 2010.

2. Repeal Chapter III of Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government on leave regulations and compensation for training costs for cadres and civil servants, and any previous provisions that conflict with this Decree.

Article 31. Responsibility for Implementation

Ministers, Heads of Ministerial-Level Agencies, Heads of Government Agencies, Chairpersons of Provincial People's Committees and Municipal People's Committees under Central Government, Heads of Management Agencies, and Heads of Civil Servant Employing Units are responsible for implementing this Decree./.