Decree No. 21/2010/NĐ-CP on Civil Servant Establishment Management

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of civil servant quotas, including: principles for managing civil servant quotas, bases for determining civil servant quotas, contents of managing civil servant quotas.

Article 2. Applicability

1. Ministries, ministerial-level agencies, agencies under the Government, and organizations established by the Government or the Prime Minister that are not public service units.

2. People's Councils, People's Committees of provinces and centrally governed cities.

3. Office of the President.

4. The National Assembly Office.

5. State Audit Organization.

6. People's Courts.

7. People's Procuratorates.

8. Party Organs of the Communist Party of Vietnam at central, provincial, and district levels.

9. Political-Social Organizations' Organs at central, provincial, and district levels.

10. Publicly Financed Institutions at central, provincial, and district levels, including:

a) Publicly Financed Institutions of the State;

b) Publicly Financed Institutions of the Communist Party of Vietnam;

c) Publicly Financed Institutions of Political-Social Organizations.

Article 3. Principles for Managing Civil Servant Quotas

1. Compliance with laws on cadres and civil servants and regulations of competent Party organs of the Communist Party of Vietnam.

2. Ensuring consistency and synchronization between managing civil servant quotas and recruitment, utilization, and management of civil servants.

3. Combining management of civil servant quotas with job title standards and position requirements of civil servants.

4. Meeting administrative reform requirements, ensuring that civil servant quotas are appropriate to the functions and tasks of agencies, organizations, and units.

5. Transparency, fairness, and democracy in managing civil servant quotas.

Article 4. Bases for Determining Civil Servant Quotas

1. For agencies and organizations at the central level

a) Job positions suitable to the functions, tasks, authorities, and organizational structures of each agency, organization, and unit as prescribed by competent authorities;

b) Characteristics, features, complexity levels, scale, scope, and management objects of sectors and fields;

c) Professional and technical management procedures as prescribed by specialized laws;

d) Degree of office modernization, equipment, working tools, and application of information technology;

d) Actual situations of civil servant quotas assigned to agencies, organizations, and units.

2. For agencies and organizations at local levels

a) The conditions set forth in Clause 1 of this Article;

b) Population size, natural area, economic and social development level of the locality;

c) Number of district and commune-level administrative units;

d) Political security characteristics, public order, and social safety.

3. For publicly financed institutions

a) The conditions set forth in Clause 1 of this Article;

b) Government regulations on civil servants in the leadership and management machinery of publicly financed institutions.

Article 5. Contents of Managing Civil Servant Quotas

1. Drafting and promulgating legal normative documents on civil servant quotas, guiding the determination of civil servant quotas and management of civil servant quotas.

2. Establishing annual civil servant quota plans, adjusting civil servant quotas.

3. Deciding on civil servant quotas; allocating and utilizing civil servant quotas.

4. Directing, inspecting, and supervising the management of civil servant quotas.

5. Statistics, compiling, and reporting on civil servant quotas.

Chapter 2.

ANNUAL CIVIL SERVANT QUOTA PLAN AND ADJUSTMENTS TO ANNUAL CIVIL SERVANT QUOTAS

SECTION 1. ANNUAL CIVIL SERVANT QUOTA PLAN

Article 6. Establishing Annual Civil Servant Quota Plans

Agencies, organizations, and units specified in Article 2 of this Decree shall be responsible for establishing annual civil servant quota plans in accordance with this Decree and guidelines from the Ministry of Home Affairs.

Article 7. Basis for Establishing Annual Civil Servant Quota Plans

1. Bases for determining civil servant quotas as prescribed in Article 4 of this Decree.

2. Documents from competent authorities guiding the determination of civil servant quotas.

Article 8. Contents of the annual civil servant staffing plan

1. Report on the results of using the allocated civil servant positions of the previous year; attached with statistical tables summarizing the current number of civil servant positions according to the guidelines of the Ministry of Home Affairs.

2. Determine the number of civil servant positions.

3. Measures to implement the civil servant staffing plan after being assigned or approved by the competent authority, including the forecasted sources for additional and replacement civil servants, implementation of policies to streamline the staffing, and budget estimates for implementation.

Article 9. Deadline for submitting the annual civil servant staffing plan

1. By no later than July 20 of the preceding year, agencies, organizations, and units specified in Clauses 1, 2, and Point a, Clause 10, Article 2 of this Decree shall submit their annual civil servant staffing plans to the Ministry of Home Affairs for review and submission to the Prime Minister; agencies, organizations, and units specified in Clauses 3, 4, 5, 6, 7, 8, 9, and Points b, c, Clause 10, Article 2 of this Decree shall submit their annual civil servant staffing plans to the competent authority for decision-making and send them to the Ministry of Home Affairs for consolidation on civil servant staffing.

2. After July 20 of the preceding year, if agencies, organizations, and units do not submit their annual civil servant staffing plans as stipulated in Clause 1 of this Article, they will maintain the previously allocated number of civil servant positions.

Article 10. Documents for the annual civil servant staffing plan

1. The documents for the annual civil servant staffing plan include:

a) A request for approval of the annual civil servant staffing plan;

b) The annual civil servant staffing plan;

c) Related documents concerning the preparation of the civil servant staffing plan.

2. The request for approval of the annual civil servant staffing plan must be signed by the head of the agency, organization, or unit and must contain the following main contents:

a) The necessity and basis for preparing the annual civil servant staffing plan;

b) The main contents of the annual civil servant staffing plan;

c) Recommendations and proposals.

SECTION 2. ADJUSTMENTS TO ANNUAL CIVIL SERVANT STAFFING

Article 11. Basis for adjusting civil servant staffing

1. Establishment, reorganization, or dissolution of agencies, organizations, and units pursuant to decisions of the competent authority.

2. Establishment, merger, division, or adjustment of provincial and district administrative boundaries.

3. Adjustment of functions, tasks, and powers of agencies, organizations, and units pursuant to decisions of the competent authority.

Article 12. Documents for adjusting civil servant staffing

1. Agencies, organizations, and units specified in Clauses 1, 2, and Point a, Clause 10, Article 2 of this Decree shall prepare documents for adjusting civil servant staffing and submit them to the Ministry of Home Affairs for resolution within their jurisdiction; agencies, organizations, and units specified in Clauses 3, 4, 5, 6, 7, 8, 9, and Points b, c, Clause 10, Article 2 of this Decree shall prepare documents for adjusting civil servant staffing and submit them to the competent authority for consideration and decision.

2. Documents for adjusting civil servant staffing include:

a) A request for adjustment of civil servant staffing;

b) A proposal for adjustment of civil servant staffing;

c) Related documents concerning the adjustment of civil servant staffing.

3. The request for adjustment of civil servant staffing must be signed by the head of the agency, organization, or unit and must contain the following main contents:

a) The necessity and basis for adjusting civil servant staffing;

b) The main contents of the proposal for adjustment of civil servant staffing;

c) Recommendations and proposals.

Chapter 3.

RESPONSIBILITIES FOR MANAGING CIVIL SERVANT STAFFING

Article 13. Responsibilities of the Minister, head of a ministry-level agency, government agency, or organization established by the Government or Prime Minister that is not a public service unit.

1. Direct subordinate agencies, organizations, and units to develop annual civil servant staffing plans.

2. Based on the assigned staffing:

a) Allocate civil servant staffing for subordinate administrative agencies and organizations;

b) Allocate civil servant staffing within the leadership and management structure of subordinate public service units.

3. Implement statistical systems and report on the implementation of civil servant staffing management as prescribed in this Decree and guidelines issued by the Ministry of Home Affairs.

4. Inspect and supervise compliance with regulations on civil servant staffing management for subordinate agencies, organizations, and public service units.

5. Resolve complaints and denunciations regarding civil servant staffing management within their jurisdiction.

Article 14. Responsibilities of the Minister of Home Affairs.

1. Submit to the Prime Minister for approval the total civil servant staffing, reserve civil servant staffing, and civil servant staffing working abroad for ministries, ministry-level agencies, government agencies, and organizations established by the Government or Prime Minister that are not public service units, and provinces and centrally-administered cities.

2. Allocate civil servant staffing after approval by the Prime Minister for each ministry, ministry-level agency, government agency, and organization established by the Government or Prime Minister that are not public service units, and provinces and centrally-administered cities.

3. Allocate civil servant staffing working abroad after approval by the Prime Minister for ministries, ministry-level agencies, and government agencies.

4. Adjust civil servant staffing within the scope of approved reserve civil servant staffing according to this Decree.

5. Issue guiding documents to determine civil servant staffing for sectors and fields upon request from the Minister, head of a ministry-level agency, government agency, or organization established by the Government or Prime Minister that is not a public service unit.

6. Aggregate and statistically analyze civil servant staffing nationwide, reporting to the Government, Prime Minister, and competent authorities.

7. Inspect and supervise the implementation of allocated civil servant staffing management for ministries, ministry-level agencies, government agencies, and organizations established by the Government or Prime Minister that are not public service units, and provincial People's Committees according to this Decree and other relevant laws.

8. Resolve complaints and denunciations regarding civil servant staffing management within their jurisdiction as prescribed by law.

Article 15. Responsibilities of the Minister of Finance.

1. Develop budget allocation standards for administrative management expenses based on civil servant staffing for agencies and organizations specified in Clauses 1, 3, 4, 5, 6, 7, 8, and 9 of Article 2 of this Decree; guide provincial People's Councils to develop budget allocation standards for administrative management expenses based on civil servant staffing for agencies and organizations under the People's Councils and People's Committees at all levels.

2. Allocate state budget funds to ensure civil servant staffing for ministries, ministry-level agencies, government agencies, organizations established by the Government or Prime Minister that are not public service units, and agencies under the decision-making authority of the Communist Party of Vietnam, the Standing Committee of the National Assembly, and the President.

Article 16. Responsibilities of the Provincial People's Council

The Provincial People's Council decides to allocate civil servant staffing within its People's Council, People's Committee, and public service units of the provincial and district levels within the civil servant staffing assigned by the competent authority.

Article 17. Responsibilities of the Chairman of the People's Committee at the provincial level

1. Direct subordinate agencies, organizations, public service units, and People's Committees at the district level to develop annual civil servant staffing plans.

2. Submit the civil servant staffing plan and its implementation to the Provincial People's Council for approval after which it shall be carried out.

3. Implement statistical systems and report on the implementation of civil servant staffing management as prescribed in this Decree and guidelines issued by the Ministry of Home Affairs.

4. Inspect the implementation of regulations on civil servant staffing management by subordinate agencies, organizations, and public service units.

5. Resolve complaints and denunciations regarding civil servant staffing management within their jurisdiction.

Chapter 4.

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from May 1, 2010.

Repeal the provisions on civil servant staffing in Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on decentralization in administrative and public service staffing management.

Article 19. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government agencies, heads of organizations established by the Government or the Prime Minister that are not public service units, Chairmen of People's Councils, Chairmen of People's Committees of centrally governed cities and provinces, relevant agencies, organizations, and individuals are responsible for implementing this Decree.