Decree No. 36/2013/NĐ-CP on job positions and the structure of civil service grades

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the basis, principles, methods, procedures, and formalities for determining job positions and the structure of civil service grades; the authority to decide, approve, and manage job positions and the structure of civil service grades.

Article 2. Applicability

This Decree applies to the following agencies and organizations:

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 and People's Committees at provincial and district levels; the Committees of People's Councils at provincial and district levels; specialized agencies under People's Committees at provincial and district levels.

3. Public service units of the Party, State, and political-social organizations as prescribed by law with civil servants in their leadership and management structures.

4. The following agencies and organizations shall apply the provisions of this Decree in determining job positions and the structure of civil service grades:

a) Office of the President;

b) National Assembly Office;

c) State Audit Agency;

d) People's Court;

đ) People's Procuracy;

e) Central, provincial, and district-level agencies of the Communist Party of Vietnam;

g) Central, provincial, and district-level agencies of political-social organizations.

Article 3. Job Positions, Structure, and Classification of Job Positions

1. A job position is a post attached to a title, position, structure, and civil service grade to determine staffing and arrange civil servants within an agency, organization, or unit.

2. The structure of each job position within an agency, organization, or unit includes a job description and a corresponding competency framework to complete the work.

3. Job positions are classified as follows:

a) Job positions held by one person;

b) Job positions held by multiple people;

c) Concurrent job positions.

Article 4. Structure of Civil Service Grades

1. The structure of civil service grades of each agency, organization, or unit is the percentage (%) of civil servants holding various grades consistent with the Job Position Directory and corresponding staffing levels.

2. The Ministry of Home Affairs provides detailed guidance on determining the structure of civil service grades.

Article 5. Principles for Determining Job Positions and the Structure of Civil Service Grades

1. Principles for determining job positions:

a) Must be appropriate to the functions, tasks, authorities, and organizational structure of each agency, organization, or unit;

b) Ensure scientific, objective, transparency, and suitability with practical conditions;

c) Each job position must always be linked to a specific civil service grade title. For leadership and management job positions, there is an additional leadership and management title;

d) Must comply with legal regulations on civil servant management.

2. Principles for determining the structure of civil service grades:

a) Must be based on the number of Job Position Directories and staffing quotas already determined;

b) The determination of the civil service grade titles for each job position must ensure compatibility with the specialized field of activity;

c) Must comply with the highest civil service grade applicable at each administrative level or within each agency, organization, or unit;

d) Based on civil service grade standards and the corresponding job descriptions and competency frameworks of each job position.

Article 6. Basis for Determining Job Positions and the Structure of Civil Service Grades

1. Basis for determining job positions:

a) Legal documents stipulating the functions, tasks, authorities, and organizational structure of agencies, organizations, or units issued by competent authorities;

b) Nature, characteristics, and requirements of work of agencies, organizations, or units;

c) Complexity, scale of work; scope and target served and managed; management procedures or implementation of specialized tasks according to legal regulations;

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

đ) Geographic location; nature, scale, population structure; economic development speed and urbanization; socio-economic development strategy; security and order situation;

e) Current arrangement and utilization of civil servant teams by agencies, organizations, or units.

2. Basis for determining the structure of civil service grades:

a) Job Position Directory;

b) Standards and titles of civil service grades corresponding to job positions.

Article 7. Method for Determining Job Positions

1. The determination of job positions in agencies, organizations, and units shall be carried out according to the comprehensive method.

2. Determining job positions through the comprehensive method involves combining organizational analysis activities with job analysis, implemented in the following steps:

a) Step 1: Statistics on jobs according to the functions and tasks of the agency, organization, or unit (including jobs under labor contract regimes as prescribed by law).

b) Step 2: Grouping jobs.

c) Step 3: Identifying influencing factors.

d) Step 4: Statistics and evaluation of the current cadre workforce (quantity, quality, utilization, assignment, task distribution, and task implementation results).

đ) Step 5: Determining the list and classification of job positions needed to perform the functions and tasks of the agency, organization, or unit (including jobs that must be performed under labor contract regimes).

e) Step 6: Drafting job descriptions for each job position.

g) Step 7: Establishing competency frameworks for each job position.

h) Step 8: Determining the corresponding civil service rank (and leadership and management titles - if applicable) for each determined job position.

3. The Ministry of Home Affairs shall provide detailed guidance on the method for determining job positions as stipulated in Clause 1 and Clause 2 of Article 7 of this Decree.

Article 8. Content of State Management over Job Positions and Civil Service Ranks

1. Issuing legal normative documents on job positions.

2. Prescribing and guiding methods for determining job positions and civil service ranks.

3. Prescribing the competent authorities responsible for deciding or approving job positions and civil service ranks.

4. Inspecting and supervising the implementation of job positions and civil service ranks.

5. Statistics, consolidation, and reporting on job positions and civil service ranks.

6. Resolving complaints and handling violations related to the management of job positions and civil service ranks in accordance with the provisions of the law.

Chapter 2.

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR DETERMINING JOB POSITIONS AND CIVIL SERVICE RANK STRUCTURE

Article 9. Drafting the Job Position and Civil Service Rank Structure Proposal

1. Competent authorities managing civil servants have the responsibility to direct, guide, and urge subordinate organizations and units to draft proposals for job positions and civil service rank structures; to compile the products of these proposals for submission to the competent authority for approval in accordance with regulations.

2. Annually, when there are changes in functions, tasks, powers, organizational structure, and staffing; nature, characteristics, work requirements, complexity, scale, scope, service objects; degree of modernization of office facilities, equipment, working tools, and information technology application, the agency, organization, or unit shall be responsible for drafting adjustment proposals for job positions and civil service rank structures for submission to the competent authority in accordance with regulations.

3. The Ministry of Home Affairs shall provide guidance on drafting proposals for job positions and civil service rank structures as stipulated in this Decree.

Article 10. Reviewing Proposals for Job Positions and Civil Service Rank Structures

1. The Personnel Department (or Bureau) of Ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister that are not public service units (hereinafter referred to collectively as "Ministry") shall assist the Minister, Head of the ministerial-level agency, or Head of the government agency in reviewing proposals for job positions and civil service rank structures of agencies and organizations under their management; compiling lists of job positions and civil service rank structures of agencies and organizations under their management. Thereafter, the Ministry shall send a document to the Ministry of Home Affairs in accordance with regulations.

2. The Provincial People's Committee's Department of Home Affairs (hereinafter referred to collectively as "province") shall assist the Chairman of the Provincial People's Committee in reviewing proposals for job positions and civil service rank structures within agencies, organizations, and units under the People's Council and People's Committee of the province; People's Council and People's Committee of districts, towns, cities, and provincial cities; compiling lists of job positions and civil service rank structures of agencies, organizations, and units under provincial management, for submission to the Provincial People's Committee for consideration. Thereafter, the Provincial People's Committee shall send it to the Ministry of Home Affairs in accordance with regulations.

3. Contents of the review:

a) Documentation, procedures, and procedural requirements for determining job positions as prescribed;

b) The necessity and legal basis for drafting the proposal;

c) List of job positions, job descriptions, appropriate competency frameworks, and corresponding civil service rank structures;

d) Conditions ensuring implementation after the proposal has been approved.

4. Within thirty working days from the date of receipt of complete valid documentation regarding the request for review of proposals for job positions and civil service rank structures, the competent authority for reviewing proposals for job positions and civil service rank structures must complete the review process to submit to the competent authority for signing and sending to the Ministry of Home Affairs in accordance with regulations.

Article 11. Documents and deadline for submitting the Job Position Scheme for approval

1. Documents include:

a) A letter requesting approval of the Job Position Scheme;

b) The Job Position Scheme and the structure of civil service ranks;

c) The review document from the competent authority, organization, or unit;

d) Copies of the Decision on establishment; regulations on functions, tasks, powers, and organizational structure of the authority, organization, or unit;

đ) Related documents concerning the development of the scheme.

2. By no later than July 20th each year, Ministries, ministerial-level agencies, agencies under the Government, organizations established by the Government or the Prime Minister that are not public service units, People's Committees of provinces and centrally governed cities shall submit the Job Position Scheme documents to the Ministry of Home Affairs as prescribed.

3. Party of Vietnam's organs, political-social organization's organs, Office of the President, Office of the National Assembly, State Audit Organization, Supreme People's Procuracy, Supreme People's Court shall submit the Job Position Scheme documents to the competent authority specified in Article 66 of the Civil Servants Law 2008 for consideration and approval.

4. After the time stipulated in Clause 2 of this Article, if Ministries, sectors, and localities do not submit the Job Position Scheme documents as prescribed in Clause 1 of this Article, they will automatically maintain the approved number of job positions.

Article 12. Adjustment of Job Positions and Structure of Civil Service Ranks

1. The adjustment of job positions and structure of civil service ranks in authorities, organizations, and units shall be carried out in the following cases:

a) Authorities, organizations, and units are supplemented or adjusted in their functions, tasks, powers, and organizational structures according to the decision of the competent authority;

b) Authorities, organizations, and units are reorganized or dissolved according to the decision of the competent authority;

c) New establishment, merger, division, adjustment of provincial and district administrative boundaries; economic and social development situation, economic structure transformation, application of science and technology, urbanization, security and public order;

d) Characteristics, features, requirements, complexity level, scale of work, management scope, service objects, professional management procedures of authorities, organizations, and units change according to the decision of the competent authority;

đ) Working equipment, means of work, degree of office modernization, application of information technology of authorities, organizations, and units change according to the decision of the competent authority.

2. The procedure and process for adjusting job positions and structure of civil service ranks in authorities, organizations, and units shall be implemented as the procedure and process for determining job positions and structure of civil service ranks prescribed in this Decree.

3. For new authorities, organizations, and units established according to the decision of the competent authority, the list of job positions and structure of civil service ranks must be determined right from the establishment project and approved in the establishment decision by the competent authority.

Chapter 3.

AUTHORITY FOR MANAGING JOB POSITIONS AND STRUCTURE OF CIVIL SERVICE RANKS

Article 13. Authority of Ministries, ministerial-level agencies, agencies under the Government, organizations established by the Government or the Prime Minister that are not public service units

1. Direct subordinate authorities, organizations, and units to develop the Job Position Scheme and structure of civil service ranks as prescribed in this Decree.

2. Review the list of job positions and structure of civil service ranks of subordinate authorities, organizations, and units; compile the list of job positions and structure of civil service ranks of Ministries, ministerial-level agencies, agencies under the Government, organizations established by the Government or the Prime Minister that are not public service units, and submit them to the Ministry of Home Affairs as prescribed.

3. Implement the use and management of job positions and structure of civil service ranks in subordinate authorities, organizations, and units; decentralize the management of job positions and structure of civil service ranks in authorities, organizations under General Departments and equivalent subordinate bodies.

4. Inspect and audit the compliance with regulations on managing job positions and structure of civil service ranks in subordinate authorities, organizations, and units within the management authority.

5. Resolve complaints and handle violations related to the management of job positions and structure of civil service ranks in subordinate authorities, organizations, and units according to the provisions of the law.

Article 14. The authority of the People's Committee of provinces and centrally governed cities

1. Direct agencies, organizations, units under its jurisdiction and the People's Committees of districts to develop the Job Position Scheme and the Cadre Rank Structure in accordance with this Decree.

2. Review the List of Job Positions and the Cadre Rank Structure in agencies, organizations, and units under the People's Committee of the province and the People's Committee of the district; compile the List of Job Positions and the Cadre Rank Structure of the province or centrally governed city, and submit it to the Ministry of Home Affairs as prescribed.

3. Delegate or authorize the implementation of job position utilization and management and the cadre rank structure in agencies, organizations, and units under the People's Committee of the province and the People's Committee of the district.

4. Inspect and audit the compliance with regulations on managing job positions and structure of civil service ranks in subordinate authorities, organizations, and units within the management authority.

5. Resolve complaints, denunciations, and handle violations related to the management of job positions and the cadre rank structure in agencies, organizations, and units within its jurisdiction in accordance with the law.

Article 15. The authority of the Ministry of Home Affairs

1. Propose to the Government and the Prime Minister to issue normative legal documents on job positions, cadre rank structures, and the highest ranks used in administrative state agencies.

2. Approve the List of Job Positions and the Cadre Rank Structure upon the proposal of Ministries, ministerial-level agencies, government agencies, organizations established by the Government and the Prime Minister that are not public service units, and the People's Committees of provinces and centrally governed cities.

3. Statistics and compile the List of Job Positions and the Cadre Rank Structure of Ministries, ministerial-level agencies, government agencies, organizations established by the Government and the Prime Minister that are not public service units, and the People's Committees of provinces and centrally governed cities; report to the Government and the Prime Minister.

4. Inspect and supervise the implementation of legal regulations on the management of job positions and the cadre rank structure of Ministries, ministerial-level agencies, government agencies, organizations established by the Government and the Prime Minister that are not public service units, and the People's Committees of provinces and centrally governed cities.

5. Resolve complaints, denunciations, and handle violations related to the management of job positions and the cadre rank structure within its jurisdiction in accordance with the law.

Article 16. Authority of other agencies

1. Agencies authorized by the Communist Party of Vietnam and political-social organizations shall decide the List of Job Positions and the Cadre Rank Structure in agencies, organizations, and units of the Party and political-social organizations based on the provisions of this Decree and relevant documents.

2. Authorities of the Office of the President, the National Assembly Office, the State Audit Agency, the Supreme People's Court, and the Supreme People's Procuracy shall decide the List of Job Positions and the Cadre Rank Structure in agencies, organizations, and units under their jurisdiction based on the provisions of this Decree and relevant documents.

3. Decisions on job positions and the cadre rank structure made by agencies and organizations specified in Clause 1 and Clause 2 of this Article shall be simultaneously submitted to the Ministry of Home Affairs for consolidation.

Chapter 4.

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from June 10, 2013.

Article 18. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, leaders of organizations established by the Government and the Prime Minister that are not public service units, Chairpersons of Provincial People's Councils, Chairpersons of People's Committees of provinces and centrally governed cities, and related agencies, organizations, and units are responsible for implementing this Decree./.