Decision No. 230/1999/QĐ-TTg On Implementing a Pilot Scheme for Allocating Staff Quotas and Administrative Management Costs to Certain Agencies in Ho Chi Minh City

 

Pursuant to …;

Regarding the Implementation of a Pilot Program for Allocating Staff Positions and Administrative Management Costs

to Certain Agencies in Ho Chi Minh City

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Thrift and Prevention of Waste dated February 26, 1998, and Decree No. 38/1998/NĐ-CP dated June 9, 1998 of the Government detailing the implementation of the Law on Thrift and Prevention of Waste;

To implement Resolution of the Seventh Plenary Session of the Central Committee of the Communist Party of Vietnam, Eighth Term;

Considering the proposal of the Minister, Head of the Organizational and Cadre Affairs Department of the Government, the Minister of Finance, and the Chairman of the People's Committee of Ho Chi Minh City,

DECISION:

Article 1. Implementing a pilot program for allocating staff positions and administrative management costs for certain state agencies in Ho Chi Minh City including:

1. District and County Level: Districts 1, 3, 5, 11; Counties: Binh Chanh, Nha Be, Cu Chi.

The target group includes Departments and Offices (excluding self-financing organizations directly under districts and counties).

2. Sector Level: Department of Justice, Department of Transport and Public Works, Department of Labor, Invalids and Social Affairs (excluding self-financing organizations directly under sectors).

Article 2. The implementation of the pilot program for allocating staff positions and administrative management costs for agencies using staff positions and funds from the State budget must ensure the following objectives, requirements, and principles:

1. Objectives and Requirements of the Pilot Program:

a) Creating motivation for units participating in the pilot program to actively and proactively streamline their organizational structure, reorganize and allocate labor reasonably, thereby contributing to reducing staff positions, improving the quality of cadres and civil servants, and enhancing the effectiveness of operations.

b) Encouraging and strengthening awareness of thrift and prevention of waste in administrative expenses of the unit.

c) Ensuring that the income of cadres and civil servants increases when implementing the pilot program due to reduced staff positions and savings in administrative expenses of the unit.

d) Using the results of summarizing and evaluating the pilot program to serve as a basis for expanding the scope of the pilot program to other Ministries, agencies under the Government, and localities.

2. Principles of Implementing the Pilot Program:

a) Not increasing staff positions and total administrative costs compared to before the implementation of the pilot program.

b) Ensuring the fulfillment of functions and tasks as prescribed by law and authorized agencies.

c) Ensuring transparency and democracy according to State regulations.

Article 3. Content of Implementing the Pilot Program for Allocating Staff Positions and Administrative Management Costs

1. Allocation of personnel quotas:

a) Allocated staff positions are those assigned by the competent authority managing staff positions to the agency implementing the pilot program after considering the functions, tasks, and cadre structures of the agency.

b) The allocated staff positions remain stable for three years.

2. Allocation of Administrative Management Costs:

a) The total salary fund is determined based on the number of allocated staff positions and the rank and grade of salaries of cadres and civil servants as stipulated in Decree No. 25/CP dated May 23, 1993 of the Government and related policies on salary.

b) Administrative management costs are determined based on the system of standards and regulations regarding the use of regular budget expenditures issued by the competent State authority, taking into account actual expenditures over the three years prior to the implementation of the pilot program.

c) The level of allocated administrative management costs remains stable for three years and will only be adjusted in the following cases:

- The State supplements or amends salary policies;

- The State supplements or amends standards and regulations regarding the use of regular budget expenditures;

- Merger, division, or separation of units implementing the allocation program decided by the competent State authority.

3. Non-Allocation of Expenditures for the Following Items:

a) Periodic repair, major repairs of equipment, working tools, and office premises, and residential buildings;

b) Purchase of fixed assets, renovation, and construction of office premises, and residential buildings;

c) Training of cadres and civil servants.

The agency implementing the pilot program shall be responsible for managing and utilizing non-allocated expenditures within the approved limit, for the intended purpose, effectively, and economically in accordance with the law.

Article 4Rights and Responsibilities of the Agency Implementing the Pilot Program

1. Powers:

a) Being able to rearrange internal organization of the agency in line with administrative reform goals and requirements of the pilot program including:

- Reorganizing the agency's structure;

- Specifying functions, tasks, powers, and relationships among organizations within the agency in compliance with legal provisions;

- Rearranging labor, reducing staff positions in the agency, and assigning tasks to each position of cadres and civil servants.

b) Being able to proactively allocate and utilize regular expenditure funds within the allocated amount.

c) Being able to use savings from allocated expenditures as stipulated in Article 3 of this Decision for the following purposes:

- Increasing salaries for cadres and civil servants in the agency;

- Implementing reward systems for cadres and civil servants;

- Welfare of the agency (if applicable).

Any savings not used in the year can be carried forward to the next year for continued use.

2. Responsibilities:

a) Fulfilling the agency's tasks as prescribed by law and superior management agencies;

b) Ensuring the rights and benefits of cadres, civil servants, and employees in the agency as prescribed by law;

c) Developing a pilot program plan and organizing measures for organizational restructuring, staff positions, labor reallocation, fund utilization, and State budget; establishing a regulation on the use of savings based on ensuring democracy and transparency according to the Regulation on Democratic Operation of Agencies accompanying Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government and the Regulation on Financial Transparency accompanying Decision No. 225/1998/QĐ-TTg dated December 22, 1998 of the Prime Minister;

d) Conducting a mid-year review and evaluation of the agency's activities and the results of the pilot program.

Article 5. The Chairman of the People's Committee of Ho Chi Minh City shall have the following responsibilities:

1. Guide agencies to develop pilot schemes for allocation;

2. Approve the schemes and direct their implementation for agencies conducting pilot allocations in accordance with the guidance of the Ministry of Finance and the Government’s Organizational and Civil Servant Affairs Board;

3. Implement the mechanism for budgetary funding and settlement of expenses for agencies receiving pilot allocations in accordance with the guidance of competent state authorities;

4. Address labor surplus resulting from the reorganization of personnel in agencies implementing pilot allocations according to the following methods:

a) Prioritize transferring to organizations that do not use staffing quotas and do not receive salaries from the State budget;

b) Resolve termination of employment in accordance with Decree No. 96/1998/ND-CP dated November 17, 1998 of the Government on the regulations for terminating employment for civil servants;

c) Utilize the city's budget to cover the benefits for civil servants as stipulated in Article 3 of Decree No. 96/1998/ND-CP dated November 17, 1998 of the Government on the regulations for terminating employment for civil servants;

d) Not utilize the staffing quota savings achieved by agencies and units implementing pilot allocations as a source to supplement staffing quotas for other organizations using staffing quotas and receiving salaries from the State budget.

5. Annually organize interim reviews and evaluations to draw lessons from the direction and implementation of pilot allocations; resolve any difficulties and complaints related to the implementation of pilot allocations of staffing quotas and administrative management budgets for agencies implementing allocations within the city to promptly report and recommend solutions to the Prime Minister and relevant Ministries for issues exceeding authority.

Article 6. The Chairman of the People's Committee of Ho Chi Minh City shall take the lead and coordinate with the heads of the Communist Party organization, the Ho Chi Minh Communist Youth Union, and the Women's Union of Ho Chi Minh City to apply pilot allocations of staffing quotas and administrative management budgets for the Office of the Municipal Party Committee, the Ho Chi Minh Communist Youth Union agency, and the Women's Union of Ho Chi Minh City.

Article 7. Responsibilities of the Government’s Organizational and Civil Servant Affairs Board and the Ministry of Finance:

1. The Minister, Head of the Government’s Organizational and Civil Servant Affairs Board, and the Minister of Finance shall cooperate with the Chairman of the People's Committee of Ho Chi Minh City to approve pilot allocation schemes for agencies implementing pilot allocations in Ho Chi Minh City;

2. The Minister of Finance shall take the lead and cooperate with the Minister, Head of the Government’s Organizational and Civil Servant Affairs Board to issue temporary regulations on the preparation of budget estimates, payment, and settlement of administrative management budgets for the implementation of pilot allocations and savings from salary funds and administrative management costs for agencies and units implementing pilot allocations to implement the provisions of this Decision;

3. The Government’s Organizational and Civil Servant Affairs Board shall be responsible for guiding the implementation of salaries, bonuses, and monetary benefits saved through the implementation of pilot allocations; take the lead and coordinate with the Ministry of Finance, the People's Committee of Ho Chi Minh City, and relevant Ministries and agencies under the Government to monitor, inspect, and resolve emerging issues during the implementation process for agencies piloting allocations within their jurisdiction, evaluate annual results, and organize a comprehensive review of the pilot allocation of staffing quotas and administrative management budgets to report to the Prime Minister.

Article 8. This Decision takes effect from January 1, 2000.

The pilot allocation of staffing quotas and administrative management budgets for some agencies of Ho Chi Minh City will be implemented over a period of three years starting from January 1, 2000.

Article 9. The Minister, Head of the Government’s Organizational and Civil Servant Affairs Board, the Minister of Finance, and the Ministers, Heads of Ministries equivalent to Ministries, and Heads of agencies under the Government, and the Chairman of the People's Committee of Ho Chi Minh City are responsible for enforcing this Decision.