Decision No. 2436/2007/QĐ-TTCP on the issuance of regulations on the transfer, rotation, and secondment of civil servants under the management authority of the Government Inspectorate.

 Pursuant to …;

Regarding the issuance of regulations on the transfer, rotation, and temporary assignment of officials and civil servants of the Government Inspectorate Pursuant to the Inspection Law dated June 15, 2004;

GENERAL INSPECTOR

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;

BASED ON THE Ordinance on Cadres and Civil Servants dated February 26, 1998; THE Ordinance AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE Ordinance on Cadres and Civil Servants dated April 28, 2000; AND THE Ordinance AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE Ordinance on Cadres and Civil Servants dated April 29, 2003;

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

These regulations are hereby promulgated along with this Decision "Regulations on the Transfer, Rotation, and Temporary Assignment of Officials and Civil Servants of the Government Inspectorate."

DECISION:

Article 1. These regulations shall take effect from the date of issuance and replace the corresponding provisions in the Regulations issued together with Decision No. 1313/QĐ-TTNN dated December 31, 2002 of the State Auditor.

Article 2. The Heads of Departments and Heads of Units under the Government Inspectorate are responsible for implementing these regulations.

Tran Van Truyen 

 

REGULATIONS

(Issued together with Decision No.: 2436/2007/QĐ-TTCP dated November 13, 2007 of the State Auditor)
These regulations stipulate the procedures for the transfer, rotation, and temporary assignment of officials (hereinafter referred to collectively as cadres) under the management authority of the Government Inspectorate.

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PART I

GENERAL PROVISIONS

Article 1. Scope of Application

Article 1. Transfer

Article 2. Interpretation of Terms

1. “"Transfer" refers to the act of the head of an agency or unit with the authority to transfer a cadre to a new position at another agency or unit.Article 2. Rotation

2. “"Rotation" refers to the act of the head of an agency or unit with the authority to transfer and appoint a cadre to a new leadership position at another agency or unit during the implementation of cadre planning and training.Article 3. Temporary Assignment

3. “"Temporary Assignment" refers to the act of the head of an agency or unit with the authority to assign a cadre to work temporarily at another agency, unit, or organization.Article 4. Principles of Transfer, Rotation, and Temporary Assignment

Clause 1. The head of an agency or unit with the authority to recruit cadres has the right to transfer, rotate, and temporarily assign cadres according to the cadre management hierarchy.

Clause 2. The transfer, rotation, and temporary assignment of cadres must be based on work requirements, staffing quotas, and be commensurate with the qualifications and capabilities of the cadres.

Clause 3. Cadres who are transferred, rotated, or temporarily assigned must strictly comply with the decisions on transfer and rotation made by the competent authorities.

Part I. TRANSFER OF CADRES

Chapter II

SPECIFIC PROVISIONS

Article 4. Objectives and Requirements for Transfer

Clause 1. Transfer is the act of the head of an agency or unit with the authority to transfer a cadre to a new position at another agency or unit in order to effectively utilize and ensure consistency within the cadre corps.

1. TRANSFER means the act of the head of the agency or unit with authority transferring cadres to a new position at another agency or unit for effective utilization and to ensure coherence within the cadre corps.

Article 5. Conditions for Transfer

Clause 1. Leaders of departments or units (including both heads and deputies) who have held their positions for ten years or more at one unit.

Clause 2. Due to the need for organizational restructuring and personnel adjustment.

Clause 3. Based on the personal wishes of the cadre.

3. Consider individual aspirations of officials.

Article 6. Internal Transfer within the Government Inspectorate Agency

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

a) Based on the work needs of the agency, the Personnel Department drafts a list of proposed transfers and reports to the Party Cadre Affairs Committee for approval;

b) BASED ON THE POLICY AND GUIDANCE OF THE Party Cadre Affairs Committee, THE Cadre and Civil Service Organization Department shall conduct exchanges with the leaders of the department or unit where the cadre is currently working and the leaders of the unit to which the cadre will be transferred; organize meetings and discussions regarding work requirements with the cadre who is expected to be transferred; seek opinions from the Standing Committee of the Party Committee of the agency if the transfer involves department-level leaders and equivalent positions.

c) The Personnel Department submits to the Chief Inspector for review and decision on the transfer.

The report must clearly state the approval of the Party Cadre Affairs Committee, the opinions of the transferees, department/unit leaders, the Party Standing Committee (if applicable), and the opinion of the Personnel Department.

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

a) Individuals must submit a transfer application, which must be approved by the leaders of the departments or units directly managing and using the staff, and then sent to the Personnel Department;

b) THE Cadre and Civil Service Organization Department shall seek opinions from the Deputy Inspector in charge of the department or unit; seek opinions from the Standing Committee of the Party Committee of the agency if the transfer involves department-level leaders and equivalent positions; submit to the Inspector for review and decision on the transfer.

The submitted dossier includes: the transfer application; opinions of relevant individuals and organizations; the report on the transfer of staff.

If the Chief Inspector does not agree to the transfer, the Personnel Department has the responsibility to inform the department/unit leaders and the applicant of the decision.

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

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

a) Individuals must submit a transfer application, which must be approved by the leaders of the departments or units directly managing and using the staff;

b) THE Cadre and Civil Service Organization Department shall seek opinions from the Deputy Inspector in charge of the department or unit; seek opinions from the Standing Committee of the Party Committee of the agency if the transfer involves department-level leaders and equivalent positions or higher; submit to the Inspector for review and decision on the transfer.

The submitted dossier includes: the transfer application; opinions of relevant individuals and organizations; the report on the transfer of staff.

If the transfer to another agency is not approved, the Personnel Department has the responsibility to inform the unit leaders and the applicant of the decision.

2. In cases where other agencies request staff from the Government Inspectorate Agency:

a) The Personnel Department studies and exchanges with the requested staff and department/unit leaders, proposes opinions, and reports to the Deputy Chief Inspector responsible for the departments or units concerned;

b) BASED ON THE REPORT FROM THE Cadre and Civil Service Organization Department, THE Party Cadre Affairs Committee shall consider and decide on department-level leaders and equivalent positions; THE Inspector shall consider and decide on section-level leaders and equivalent positions.

The submitted dossier includes: the request document from the requesting agency; opinions of relevant individuals and organizations; the report on the transfer of staff.

If the Party Cadre Affairs Committee and the Chief Inspector do not agree to the transfer, the Personnel Department has the responsibility to inform the unit leaders and the staff of the decision.

Section II. RELOCATION OF STAFF

Article 8. Purpose and Requirements for Relocation

1. ROTATION OF CADRES TO IMPLEMENT THE POLICY OF COMPREHENSIVE TRAINING AND DEVELOPMENT AND EFFECTIVE UTILIZATION OF THE LEADERSHIP AND MANAGEMENT CADRE CORPS; PROVIDE OPPORTUNITIES FOR YOUNG PROMISING CADRES AND THOSE IN PLANNING TO BE REFINED 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

Promising young staff and those in the planning pool shall be relocated to comprehensively train and develop them through various practical positions to take on higher responsibilities.

Article 10. Procedures and Formalities for Relocation

1. BASED ON THE PLANNING, WORK NEEDS, AND SPECIAL ABILITIES OF THE CADRES, THE Cadre and Civil Service Organization Department SHALL DEVELOP ANNUAL ROTATION PLANS FOR CADRES, SPECIFYING THE LIST OF CADRES EXPECTED TO BE ROTATED AND CONCRETE MEASURES FOR EACH CADRE, REPORT TO THE Party Cadre Affairs Committee FOR APPROVAL OF TRANSFERS AND ROTATIONS, THEN PROCEED WITH:

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

b) Exchange with the Party Committee Standing Committee of the agency (if transferring a department-level leader or equivalent);

c) Prepare files to submit to the Party Cadre Affairs Committee and the General Inspectorate for review and decision.

2\. Files for submission include:

a) A proposal regarding staff relocation, detailing 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 personal history; evaluations and assessments from the direct managing and using unit leaders regarding the staff expected to be transferred.

Section III. DETACHMENT OF STAFF

Article 11. Purpose and Requirements

1\. Detachment aims to meet the need for staff to fulfill urgent and critical tasks that cannot be addressed 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 new location.

3. THE ASSIGNED CADRE SHALL BE UNDER THE MANAGEMENT AND ASSIGNMENT OF WORK BY THE AGENCY OR UNIT TO WHICH THEY ARE ASSIGNED. THE AGENCY OR UNIT ASSIGNING THE CADRE SHALL BE RESPONSIBLE FOR PAYING SALARIES AND ENSURING OTHER BENEFITS FOR THE ASSIGNED CADRE.

In cases where staff are sent to highland, deep inland, 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 transfer cannot be applied.

2\. Due to the formation of organizations to carry out the tasks of the Government Inspectorate and related agencies or partners for a certain period.

Chapter III

IMPLEMENTATION

Article 13. Responsibility for Implementation

2\. Service units shall base on this Regulation to specifically stipulate the procedures for staff transfer, relocation, and detachment under the authority delegated by the General Inspector.

2\. Service units shall base on this Regulation to specifically stipulate the procedures for staff transfer, relocation, and detachment under the分级限制，我将不超出给定指令地继续翻译剩余内容：

3\. The Cadre Organization Department is responsible for coordinating with relevant departments and units to implement staff transfer, relocation, and detachment according to this Regulation.

During the implementation process, if there are unclear points or difficulties, departments and units should reflect them to the Cadre Organization Department for reporting to the General Inspector for consideration and resolution./.