Decision No. 3127/1999/QĐ-BGTVT on issuing regulations on分级管理干部、公务员和职员的规定，适用于交通运输部及其下属单位。

Pursuant to …;

Regarding the issuance of regulations on the分级管理干部、公务员和职员的规定

在交通运输行业

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THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, authorities, responsibilities for state management and the organizational structure of the Ministry of Transport;

根据中央委员会1999年5月3日第49号决定关于颁布干部管理分级规定；

经汇总交通部党组成员一致意见后；

审核人事组织与劳动司司长的提议；

DECISION:

Article 1. 现在，本决定附带发布“交通运输行业干部、公务员和职员管理分级规定”。

- 人事组织与劳动司负责指导、监督和检查本决定的执行情况。

- 各单位负责人有责任指挥实施本决定，并决定其管辖范围内的干部管理分级。

Article 2. This Decision takes effect from the date of signature. All previous provisions contrary to this Decision are abolished.

- 在执行过程中如遇需补充或修改的问题，人事组织与劳动司应汇总并报告部长审议决定。

Article 3. 各位部长办公厅主任、人事组织与劳动司司长及相关单位负责人根据各自职责范围执行本决定。

REGULATIONS

关于交通运输行业干部、公务员和职员的分级管理

（附属于交通部1999年11月10日第3127号决定）

第一章：

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干部管理内容：

GENERAL PROVISIONS

Article 1. 在此规定中，干部、公务员和职员的管理包括以下主要内容：

1. 选拔、安排和分配干部、公务员和职员的工作

2. 组织实施干部、公务员和职员的管理和使用，以及分配和分级管理

3. 规划、培训和发展干部、公务员和职员

4. 对干部、公务员和职员进行评价和考核

5. 委任和免职干部、公务员和职员

6. 对干部、公务员和职员进行奖励和纪律处分

7. 实施干部、公务员和职员的制度和政策

8. 监督干部、公务员和职员的工作；处理有关干部、公务员和职员的申诉和控告

9. 组织保存和保管干部、公务员和职员的档案记录

干部、公务员和职员管理的原则

Article 2. 1. 交通部党组统一领导干部工作，并管理该部门国家干部、公务员和职员队伍

a. 交通部党组制定干部工作的方针、政策、标准、规章制度，审核交通运输行业的干部规划，并通过各级党委、各层级负责人、党员和群众团体来领导和组织实施党组关于干部、公务员和职员工作的决定。

b. 交通部党组注重建设干部、公务员和职员队伍，直接管理关键领导岗位的干部，按照授权级别进行。

c. 交通部党组将干部、公务员和职员的管理任务分配给各级党委和各单位负责人，并定期检查各单位的干部、公务员和职员管理工作。

2. 确保民主集中制原则，在干部管理工作中集体决策和个人责任相结合

a. 关于路线、政策、干部规划、评估、安排、使用、委任、免职、调动、奖励、纪律处分、退休和对干部、公务员和职员的政策实施等问题，必须由党组（对于部）和具有相应权限的党委（对于单位）民主讨论并按多数决定。如果主要领导的意见与其他党委或单位党组织的意见不同，则必须向上级具有干部、公务员和职员管理权限的机关报告，以供审议和决定。

b. 各级党委和单位负责人的主要任务是提出建议并组织实施集体关于干部和干部工作的决定。

c. 提出个人建议、审查机构和集体决定关于干部的人必须对其建议、审查和决定向上级负责。

c. The individual proposing, the agency reviewing, and the collective deciding on cadres shall be responsible for their respective proposals, reviews, and decisions to higher authorities.

CHAPTER 2 :

SPECIFIC PROVISIONS ON RESPONSIBILITIES AND RIGHTS LIMITATIONS OF MANAGEMENT OVER CIVIL SERVANTS, PUBLIC OFFICIALS, AND CIVILIAN STAFF

Article 3. Positions directly managed by superiors :

-The Party Cadre Board of the Ministry of Transport submits to superiors for decision on appointment, dismissal, rotation, commendation, disciplinary action, retirement, and policy resolution concerning civil servants, public officials, and civilian staff under the management of superiors.

Article 4. The Party Cadre Board of the Ministry of Transport :

1. Decides on policies, planning, and cadre work in accordance with the Party's resolutions suitable to the scale of strategic tasks of the Industry.

2. Decides on the appointment, dismissal, rotation, commendation, disciplinary action, retirement, and policy resolution regarding cadres, civil servants, and civilian staff for the following positions :

a) For administrative agencies and state management agencies :

- Department heads, deputy department heads; chief of the ministry’s office, deputy chief of the ministry’s office; deputy chief of the ministry’s inspectorate.

- Chairman of the Science and Technology Council of the Ministry.

- Directors of Institutes under the Ministry.

- Heads of specialized state management agencies under the Ministry's authority.

- Deputy heads of specialized state management agencies under the Ministry (except for deputy heads of the Vietnam Maritime Administration appointed by the Prime Minister according to the classification of the Council of Ministers (now the Government) in Decision 239/HĐBT dated June 29, 1992).

- General directors of project management units under the Ministry.

- Principals of schools under the Ministry.

- Director of the Ministry of Transport Health Service.

- Editor-in-chief of the Transport News.

- Editor-in-chief of the Transport Journal.

- Director of the Transport Science and Technology Information Center.

b) For production and business units :

- Chairmen of Boards of Directors; General directors of State-owned Joint Stock Companies established by Decision 90/TTg and companies with Boards of Directors according to Directive 500/TTg; General directors (Directors) of enterprises under the Ministry.

- Deputy general directors of State-owned Joint Stock Companies established by Decision 91/TTg.

Article 5. The Minister manages and decides on the appointment, dismissal, commendation, disciplinary action, retirement, rotation, and policy resolution for cadres, civil servants, and civilian staff for the following positions:

a) For administrative agencies and state management agencies :

- Civil servants and civilian staff assisting the Minister.

- Deputy directors of Institutes under the Ministry.

- Deputy principals of schools under the Ministry.

- Deputy editor-in-chief of the Transport News.

- Deputy editor-in-chief of the Transport Journal.

- Deputy director of the Transport Science and Technology Information Center.

- General directors of zones under the Vietnam Highway Administration.

- Deputy general directors and Chief Accountants of project management units under the Ministry.

- Chief Inspectors of specialized state management agencies.

- Heads of traffic inspection departments of specialized state management agencies.

- Directors of Class I Port Authorities under the Vietnam Maritime Administration.

- General directors of Vietnam Marine Safety Assurance under the Vietnam Maritime Administration.

- Deputy directors of the Ministry of Transport Health Service.

- Directors of Transport Health Hospitals under the Ministry of Transport Health Service.

b) For production and business units :

- Deputy general directors of State-owned Joint Stock Companies established by Decisions 90/TTg and companies with Boards of Directors according to Directive 500/TTg.

- Deputy general directors of the Vietnam Railway Corporation.

- Chief Accountants of State-owned Joint Stock Companies established by Decisions 91/TTg, 90/TTg; companies with Boards of Directors according to Directive 500/TTg and the Vietnam Railway Corporation.

- Deputy general directors (Deputy directors) and Chief Accountants of enterprises under the Ministry.

- Members of Boards of Directors of State-owned Joint Stock Companies established by Decision 90/TTg and companies with Boards of Directors according to Directive 500/TTg.

Article 6. Other leadership positions not covered by Articles 3, 4, and 5 above are delegated to the heads of specialized state management agencies, Chairmen of Boards of Directors, and General directors of State-owned Joint Stock Companies and Associations for decision within their own units' scope of management.

Article 7. Positions that must be agreed upon in writing by the Ministry :

For the following positions, before deciding on appointment, dismissal, rotation, commendation, disciplinary action, retirement, and policy resolution for cadres, civil servants, and civilian staff, the heads of specialized state management agencies; Chairmen of Boards of Directors, and General directors of State-owned Joint Stock Companies established by Decision 90/TTg; companies with Boards of Directors established by Directive 500/TTg and heads of units under the Ministry must agree in writing with the Ministry. For State-owned Joint Stock Companies established by Decision 91/TTg, they shall follow the operational regulations issued by the Government.

1. Heads of Personnel and Labor Departments of units under the Ministry.

2. Heads of financial accounting departments of specialized state management agencies.

3. Deputy general directors of zones under the Vietnam Highway Administration.

4. Directors of branches under the Vietnam Vehicle Inspection Authority, the Vietnam Construction Quality Supervision and Management Authority, and the Vietnam Inland Waterway Administration.

5. Directors of river management sections under the Vietnam Highway Administration.

6. General directors of project management units under the specialized state management agency.

7. Deputy directors of Institutes under the Ministry.

8. Directors of hospitals under the Ministry of Transport Health Service.

Article 8. For joint ventures both domestic and foreign; joint stock companies :

The management of cadres, civil servants, and civilian staff is carried out according to current state regulations.

Article 9. The Ministry participates in providing written opinions to the People's Committee Chairmen of provinces and centrally administered cities on the appointment, dismissal, rotation, commendation, disciplinary action, and policy resolution for the directors of the Ministry of Transport and the Ministry of Transport Construction and Management.

Article 10. Authority to decide on dispatching civil servants, public officials, and civilian staff abroad :

- The Minister signs decisions to dispatch Vice Ministers; Heads and Deputy Heads of specialized state management agencies; Department Heads and Deputy Department Heads and civil servants and civilian staff assisting the Minister; Directors and Deputy Directors of Institutes; Principals and Deputy Principals of schools under the Ministry; General Directors and Deputy General Directors of the Vietnam Railway Corporation; Chairmen of Boards of Directors, General Directors, and Deputy General Directors of State-owned Joint Stock Companies established by Decision 90/TTg; Chairmen of Boards of Directors, General Directors of companies with Boards of Directors established by Directive 500/TTg; General Directors of companies and heads of units under the Ministry. For State-owned Joint Stock Companies established by Decision 91/TTg, they shall follow the operational regulations issued by the Government.

Article 11 : The Minister delegates authority to the Heads of specialized State management Bureaus; Chairmen of the Boards of Directors and General Directors of Joint Stock Companies established pursuant to Decision No. 90/TTg and companies with Board of Directors pursuant to Directive No. 500/TTg; General Directors (Directors) of Companies and Heads of units directly under the Ministry to dispatch officials, civil servants, and public employees with positions not specified in Article 10 and those officials, civil servants, and public employees under their jurisdiction abroad.

Article 12. The Department manages the list of the following positions:

- Positions mentioned in Article 7 of this regulation.

- Heads of Personnel and Labor Departments of Joint Stock Companies established pursuant to Decision No. 91/TTg.

- Professors, Associate Professors.

- Distinguished Teachers, People's Teachers, Outstanding Medical Practitioners, People's Medical Practitioners.

- Labor Heroes, Armed Forces Heroes, veteran revolutionaries currently working in the Ministry of Transport or who have retired.

- National Assembly Deputies currently working in the Ministry of Transport.

- Cadres for leadership positions directly managed by the Ministry.

- Deputy Directors of Provincial Transportation Departments, Provincial Public Works Departments of provinces and centrally governed cities./.