Decree No. 41/2012/NĐ-CP on positions and staffing in public service units

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates principles, bases, methods, procedures, and formalities for determining job positions and managing job positions in public service units of the Communist Party of Vietnam, the State, and political-social organizations at central, provincial, and district levels.

2. This Decree does not apply to job positions tied to civil servant titles defined in public service units.

Article 2. Job Position and Classification of Job Positions

1. A job position is a work or task associated with a profession title or management position; it serves as the basis for determining the number of employees and the structure of officials for recruitment, utilization, and management in public service units.

2. 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 3. Principles for Determining and Managing Job Positions

1. Compliance with laws on official management.

2. Job positions shall be determined and adjusted in accordance with the functions, tasks, and authorities of public service units.

3. Job positions must be linked to corresponding profession titles or management positions.

4. Ensuring scientificity, objectivity, transparency, and practical suitability.

Article 4. Basis for determining job positions

1. The functions, tasks, powers, and actual work of public service units.

2. The nature, characteristics, and work requirements of public service units.

3. The complexity level, scale of work; scope and target served; professional and technical management procedures as prescribed by specialized laws.

4. The degree of modernization of office facilities, equipment, working tools, and information technology application.

5. The current staffing and utilization status of officials in public service units.

Article 5. Method for Determining Job Positions

1. The determination of job positions in public service units is carried out through a comprehensive method.

2. Determination of job positions using the comprehensive method is conducted based on the combination of organizational analysis, job analysis, statistics, and evaluation of the current status of the official workforce in public service units, and is implemented through the following basic steps:

a) Step 1: Statistics of jobs according to the functions, tasks, and authorities of public service units;

b) Step 2: Grouping jobs.

c) Step 3: Identifying influencing factors.

d) Step 4: Statistics and assessment of the quality status of the official workforce;

đ) Step 5: Determine the necessary job position list of public service units;

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

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

h) Step 8: Determine the corresponding profession titles for the necessary job position list.

3. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and sectors to provide specific guidance on the method for determining job positions in public service units as stipulated in Clause 2 of this Article.

Article 6. Determining the Structure of Officials According to Profession Titles

1. The structure of officials according to profession titles is determined based on the following grounds:

a) Functions, tasks, powers, and scope of activities of public service units decided by competent authorities;

b) The nature, characteristics, scope, scale, and complexity level of work;

c) The number of job positions and corresponding profession titles.

2. The Ministry of Home Affairs shall take the lead and coordinate with ministries managing profession titles of specialized officials to guide the determination of the structure of officials according to profession titles.

Article 7. Content of job position management

1. Issuing legal normative documents on job positions.

2. Determine job positions, job descriptions, competency frameworks, corresponding occupational titles, number of employees, and staff structure according to occupational titles in public service units.

3. Submit to competent authorities for decision or decide within their authority on job positions, number of employees, and staff structure according to occupational titles.

4. Inspect and supervise the implementation of job positions, number of employees, and staff structure according to occupational titles.

5. Statistics, compile, and report on job positions, number of employees, and staff structure according to occupational titles.

6. Resolve complaints and handle violations related to job position management, number of employees, and staff structure according to occupational titles in accordance with the provisions of the law.

Chapter 2.

PROCEDURE AND PROCEDURES FOR DETERMINING JOB POSITIONS

Article 8. Developing a Job Position Proposal

1. Each year, agencies, organizations, and public service units have the responsibility to develop a job position proposal and submit it to the competent authority as prescribed.

2. The Ministry of Home Affairs guides the development of job position proposals.

Article 9. Reviewing Job Position Proposals

1. The Personnel Department under Ministries, agencies at the level of ministries, government agencies, and organizations established by the Government or the Prime Minister that are not public service units (hereinafter referred to as the Ministry) shall be responsible for reviewing job position proposals of organizations and public service units under its management; compile a list of job positions of public service units under its management, submit for consideration and decision by the leadership of the Ministry, and send to the Ministry of Home Affairs as prescribed.

2. The Provincial People's Committee's Department of Home Affairs (hereinafter referred to as the province) shall be responsible for reviewing job position proposals in public service units under the management of the provincial People's Committee, the department, sector, and district, town, city, and provincial-level city People's Committees; compile a list of job positions of public service units under provincial management, submit for consideration and decision by the provincial People's Committee, and send to the Ministry of Home Affairs as prescribed.

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 and job descriptions, competency frameworks, corresponding occupational titles, estimated number of employees according to job positions, and staff structure according to occupational titles;

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

4. Within fifteen working days, the agency, organization, or unit entrusted with the responsibility to review job position proposals must complete the review process to submit to the competent authority.

Article 10. Documents for Submitting Job Position Proposals

1. Documents include:

a) Memorandum;

b) The proposal;

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

d) A copy of the Decision on establishment; regulations on functions, tasks, powers, and organizational structure of public service units;

đ) Related documents concerning the development of the scheme.

2. By no later than July 20 each year, Ministries, agencies at the level of ministries, government agencies, and organizations established by the Government or the Prime Minister that are not public service units, provincial People's Committees shall submit job position proposals for the following year and comprehensive reports on job positions of ministries, sectors, and localities to the Ministry of Home Affairs as prescribed.

Organizations and public service units under Party of Vietnam Communist organizations, political-social organizations, Office of the President, Office of the National Assembly, State Audit Agency, Supreme People's Procuracy, and Supreme People's Court shall submit to the competent authority documents regarding job position proposals and comprehensive reports sent to the Ministry of Home Affairs for consolidation on job positions, number of employees, and staff structure according to occupational titles in public service units.

3. After the time specified above, if ministries, sectors, and localities do not submit documents on job position proposals as stipulated in Clause 1 of this Article, the number of employees approved by the competent authority will remain unchanged.

Article 11. Adjustment of job positions

1. The adjustment of job positions in agencies, organizations, and public service units shall be carried out in the following cases:

a) Public service units are supplemented, adjusted in functions, tasks, powers, and organizational structure according to the decision of the competent authority;

b) Public service units are reorganized or dissolved.

2. The procedures and formalities for adjusting job positions in public service units shall be implemented as prescribed in Articles 8, 9, and 10 of this Decree.

3. For newly established public service units according to the decision of the competent authority, the list of job positions, the number of employees, and the cadre structure by occupational titles must be determined right from the establishment project and approved by the competent authority in the establishment decision.

Chapter 3.

AUTHORITY FOR MANAGING JOB POSITIONS IN PUBLIC SERVICE UNITS

Article 12. Ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister that are not public service units

1. To develop and promulgate, or submit to the competent authority for promulgation, normative legal documents stipulating job positions and providing detailed guidance on determining job positions, the number of employees, and the cadre structure by occupational titles in public service units under their management.

2. To direct subordinate agencies, organizations, and public service units to develop job position projects in public service units as prescribed in this Decree.

3. To direct the Personnel Department (or equivalent) to review job position projects in public service units of subordinate agencies, organizations, and public service units; to compile and develop job position projects in public service units of ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister that are not public service units.

4. To decide on the allocation of the number of employees for each public service unit that has not been granted full autonomy in implementing tasks, finance, organizational structure, and personnel within the scope of its management but shall not exceed the number of employees approved by the competent authority.

5. To manage job positions in subordinate public service units; to delegate management of job positions in public service units under bureaus, general departments, and equivalent units.

6. To inspect and audit compliance with regulations on managing job positions, the number of employees, and the cadre structure by occupational titles in public service units under its management.

7. To aggregate and report on job positions, the number of employees, and the cadre structure by occupational titles in public service units to the Ministry of Home Affairs no later than December 31 each year.

8. To resolve complaints, handle denunciations, and address violations related to the management of job positions, the number of employees, and the cadre structure by occupational titles in public service units under its jurisdiction in accordance with the provisions of the law.

Article 13. Provincial People's Councils and Municipal People's Councils under the Central Government

Based on the proposal of the provincial-level People's Committee and the review opinion of the Ministry of Home Affairs, the Provincial People's Councils and Municipal People's Councils under the Central Government shall approve the total number of staff in public service units.

Article 14. Provincial People's Committees and Municipal People's Committees under the Central Government

1. Direct subordinate agencies, organizations, public service units and district-level People's Committees to develop job position plans for public service units in accordance with this Decree.

2. Direct the Provincial Department of Home Affairs to review job position plans for public service units under the provincial-level People's Committee, Departments, Agencies, and district-level People's Committees; consolidate and build job position plans for public service units at the provincial and municipal levels under the Central Government, and submit them to the Ministry of Home Affairs as prescribed.

3. Submit to the same-level People's Council for approval of the total number of staff in public service units after receiving the review opinions of the Ministry of Home Affairs and organize implementation after approval.

4. Delegate or authorize management of job positions in public service units under the provincial-level People's Committee, Departments, Agencies, and district-level People's Committees.

5. Inspect and audit compliance with regulations on managing job positions, staffing numbers, and occupational structure by job titles in public service units under their management authority.

6. Aggregate and report on job positions, staffing numbers, and occupational structure by job titles in public service units to the Ministry of Home Affairs no later than December 31 each year.

7. Resolve complaints and handle violations related to managing job positions, staffing numbers, and occupational structure by job titles in public service units under their management authority according to the law.

Article 15. Ministry of Home Affairs

1. Propose to the Government and the Prime Minister to issue normative legal documents regulating job positions in public service units.

2. Decide on job positions, staffing numbers, and occupational structure by job titles in public service units based on proposals from Ministries, ministerial-level agencies, government agencies, and organizations established by the Government or the Prime Minister that are not public service units as follows:

a) Decide on job positions, staffing numbers, and occupational structure by job titles in public service units that have not been granted full autonomy in performing tasks, finance, organizational structure, and personnel.

b) Decide on job positions and occupational structure by job titles in public service units that have been granted full autonomy in performing tasks, finance, organizational structure, and personnel.

3. Decide on job positions and occupational structure by job titles in public service units under provincial-level People's Committees and Municipal People's Committees under the Central Government; review staffing numbers in public service units before the provincial-level People's Committees and Municipal People's Committees under the Central Government submit to the same-level People's Council for approval.

4. Statistically aggregate job positions, staffing numbers, and occupational structure by job titles in public service units nationwide; report to the Government, the Prime Minister, and competent authorities.

5. Inspect and audit the implementation of managing job positions, staffing numbers, and occupational structure by job titles in public service units nationwide.

6. Resolve complaints and handle violations related to managing job positions, staffing numbers, and occupational structure by job titles in public service units under their authority according to the law.

Article 16. Ministry of Finance

1. Develop budget allocation standards for administrative management expenses based on the staffing numbers determined in public service units; guide provincial-level People's Committees to develop budget allocation standards for administrative management expenses based on staffing numbers of public service units under various levels of People's Committees.

2. Allocate state budget funds to ensure staffing numbers in public service units that have not been granted full autonomy in performing tasks, finance, organizational structure, and personnel, as decided or approved by competent authorities.

Article 17. Public Service Units

1. Develop job position plans in accordance with this Decree and the guidance of the relevant ministry managing occupational titles and professions, and submit them to the competent authority for approval as prescribed.

2. Public service units granted full autonomy in performing tasks, finance, organizational structure, and personnel: Determine the number of staff based on job positions and the occupational structure approved by the competent authority and manage staff within the assigned authority.

3. Comply with regulations on managing job positions, occupational structures according to occupational titles, and the number of staff in their unit.

4. Report to the competent authority on job positions, occupational structures according to occupational titles, and the number of staff in their unit.

Chapter 4.

IMPLEMENTING PROVISIONS

Article 18. Application of this Decree to other entities

1. Public service units under state-owned limited liability companies and public service units under political-social-professional organizations, social organizations, and social-professional organizations shall apply the provisions of this Decree in determining job positions, occupational structures according to occupational titles, and the number of staff based on the regulations of the competent authorities, state-owned limited liability companies, and political-social-professional organizations, social organizations, and social-professional organizations.

2. Certain types of work that must implement labor contracts as stipulated currently shall apply the provisions of this Decree to determine job positions and the number of staff as the basis for signing labor contracts.

Article 19. Effective Date

This Decree takes effect from June 25, 2012.

Abolish the provisions on staffing in Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on decentralization in administrative and public service staffing management; Decree No. 112/2004/NĐ-CP dated April 8, 2004 of the Government on the mechanism for managing staffing for state public service units; Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government on the rights of public service units to operate autonomously and be responsible for implementing tasks, organizational structures, staffing, and finance; Decree No. 115/2005/NĐ-CP dated September 5, 2005 of the Government on the autonomous and responsible mechanisms of public science and technology organizations, and previous regulations inconsistent with this Decree.

Article 20. Responsibility for Implementation

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