Circular No. 35/2010/TT-BGDĐT stipulates the list of job positions that must be periodically rotated for civil servants and staff not holding leadership or management positions in the education sector issued by the Ministry of Education and Training.

 

CIRCULAR

Regulations on the list of positions required to undergo regular rotation

for civil servants and officials not holding leadership or management positions

in the education sector

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government stipulating the list of positions and the term limit for regular rotation of positions for cadres, civil servants, and officials,

The Ministry of Education and Training hereby stipulates the list of positions required to undergo regular rotation for civil servants and officials not holding leadership or management positions in the education sector as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the list of positions required to undergo regular rotation for civil servants and officials not holding leadership or management positions at departments of education and training, provincial departments of education and training, the Ministry of Education and Training, and other organizations and units under the education sector.

2. Civil servants and officials specified in Clause 1 of this Article who are currently engaged in specialized work within the scope of specialized work managed by a ministry or a ministerial-level agency shall comply with the regulations on the list of positions required to undergo regular rotation issued by that ministry or ministerial-level agency managing such specialized work. In the absence of such regulations, they shall temporarily comply with the provisions of this Circular.

Article 2. Principles, contents, forms, and responsibilities for implementing regular rotation

The principles, contents, forms, and responsibilities for implementing regular rotation of positions shall be carried out in accordance with the provisions of Clause 1 of Article 4, Article 5, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, and Article 16 of Decree No. 158/2007/NĐ-CP dated October 27, 2007 of the Government stipulating the list of positions and the term limit for regular rotation of positions for civil servants and officials (hereinafter referred to as Decree No. 158/2007/NĐ-CP).

Article 3. Term limit for regular rotation of positions

1. The term limit for regular rotation of positions is three years (36 months) for civil servants and officials holding positions as prescribed in Article 5 of this Circular.

2. The term limit for rotating positions may be implemented earlier (before 36 months) in certain special cases including:

4. Point b Clause 1 Article 5 is amended and supplemented as follows:

b) Violation of the moral and ethical standards of civil servants and officials; violation of the working regulations of the agency or unit but not reaching the level requiring disciplinary action.

Article 4. Cases where rotation has not occurred or will not occur

1. Cases where rotation cannot be implemented shall be carried out in accordance with the provisions of Article 6 of Decree No. 158/2007/NĐ-CP.

2. Cases where rotation cannot be implemented shall be carried out in accordance with the provisions of Clause 2 of Article 11 of Decree No. 158/2007/NĐ-CP.

Article 5. List of positions required to undergo regular rotation

1. Management and issuance of various types of certificates and diplomas within the national education system, including:

a) Receiving, reviewing applications, and submitting to competent authorities for approval to issue certificates and diplomas for secondary school graduation, high school graduation, vocational college, college, university, master's, and doctoral degrees;

b) Receiving, reviewing applications, and submitting to competent authorities for approval to issue foreign language certificates; computer application certificates; information technology and communication application certificates; national defense education certificates; ethnic minority language teaching certificates; ethnic minority teacher training certificates, and other certificates within the national education system;

2. Examination admission work, planning and allocation of domestic and international training quotas, including:

a) Advising, organizing examination questions, conducting final examinations for high school, selecting outstanding students, and admissions for high school, vocational college, college, university, master's, and doctoral programs;

b) Reviewing applications, advising, and proposing plans for allocating training quotas for vocational college, college, university, master's, and doctoral programs;

c) Reviewing applications, advising, and submitting to competent authorities for approval of lists of recipients of scholarships for overseas study at college, university, master's, and doctoral levels;

d) Reviewing applications, advising, and submitting to competent authorities for issuing decisions to send students, trainees, civil servants, and officials abroad for study;

đ) Reviewing applications, advising, and submitting to competent authorities for issuing decisions to send civil servants and officials for domestic study and training;

e) Reviewing applications, advising, and proposing plans for allocating training quotas for college preparatory programs for ethnic minority students;

3. Work related to establishing new training programs, schools, public institutions, enterprises, educational quality assessment, including:

a) Receiving, reviewing applications, advising, and submitting to competent authorities for approval of applications to establish new training programs at vocational college, college, university, master's, and doctoral levels;

b) Receiving, reviewing applications, advising, and submitting to competent authorities for approval of applications to establish, merge, split, suspend operations, dissolve, and grant permission to operate educational institutions, public institutions, and enterprises;

c) Advising and organizing external evaluations of educational institutions and programs;

4. List of positions in the field of financial management, state budget, state assets; management of state-owned enterprise shareholding activities; appraisal and valuation activities in auctions; purchase and sale of debts; project management; work in the field of planning and investment management in state agencies and state-owned enterprises; construction management work, including:

a) Planning, allocating budgets, disbursing, collecting, and settling accounts;

b) Planning, allocating annual budgets related to building school facilities and equipment and other investment areas;

c) Performing accounting duties, managing and tracking asset purchases;

d) Managing projects funded by foreign aid and loans with state participation;

đ) Participating in state management of state-owned enterprises and their shareholding activities;

e) Appraising overall development plans for public institutions as the basis for developing investment projects and settling investment project accounts.

g) Review and submit to the competent authority for approval projects, programs, and target programs related to investment in school infrastructure and equipment;

h) Review the list, technical standards of school equipment, investment projects using state budget funds. Review tender documents and procurement results for educational equipment funded by development investment according to the provisions of the law;

i) Review and submit to the competent authority for approval bidding plans, tender documents, and bidding results for construction contracts of renovation works funded by the state budget;

k) Manage land clearance, manage construction, supervise project investment, and settle construction work volumes;

g) Allocate funds for students, trainees, civil servants, and employees studying or training abroad;

5. List of positions under the management of foreign affairs activities, including:

a) Review the dossier submitted for the Minister's decision on dispatching officials, civil servants, and employees from the Ministry and its affiliated projects and units to short-term overseas missions. Follow up and compile the results of working trips led by the Ministry's leadership and those involving multiple agencies and units;

b) Receive and coordinate with relevant units and localities to review the dossier for establishing representative offices of foreign education institutions;

c) Review the permission to establish, merge, split, or dissolve educational facilities with foreign organization or individual investments;

d) Review the permission to implement joint training programs with foreign countries;

Article 6. Implementation Organization

1. Annually, the heads of agencies and units are responsible for taking the lead and coordinating with the Party committee, trade union, and youth league (if applicable) at the same level to develop plans and organize the implementation of regular job position rotation for civil servants and employees under their current management authority regarding organizational cadre work and bear responsibility for their decisions;

2. Procedures for implementing job position rotation for civil servants and employees

a) Rotation within the agency, organization, and unit

- Civil servants and employees report on their work performance during the assigned period and propose the new job positions they wish to rotate to;

- Organize a meeting including the head, deputy head, Secretary of the Party branch (Party Committee), Chairman of the Trade Union, Secretary of the Ho Chi Minh Communist Youth Union to discuss the proposed job positions within the agency or unit;

- The head of the agency, organization, or unit evaluates and assesses the civil servants and employees who will be rotated, organizes the handover process, and implements the job position rotation;

b) Rotation between agencies, organizations, and units

- Civil servants and employees report on their work performance during the assigned period and propose their desired transfer destination;

- The head of the agency, organization, or unit evaluates and assesses the civil servants and employees who will be rotated;

- Submit the dossier to the competent authority for deciding on the job position rotation between agencies, organizations, and units for consideration and decision;

- The competent authority reviews and decides on the job position rotation;

3. Agencies, organizations, and units in the education sector are responsible for reporting the results of annual regular rotation before November 1st each year to the immediate superior management agency for consolidation and reporting to the competent authority;

Article 7. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from January 28, 2011;

2. Heads of units under the Ministry of Education and Training, Directors of provincial Departments of Education and Training, Heads of organizations and units, and civil servants and employees in the education sector are responsible for implementing this Circular;