Circular No. 476-NV/CC On the Implementation of the New Code of Conduct for Civil Servants of Vietnam

CIRCULAR

NUMBER 476-NV/CC OF JUNE 16, 1948 ON THE IMPLEMENTATION OF THE NEW REGULATIONS FOR VIETNAMESE CIVIL SERVANTS

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

RESPECTED SIRS: Ministers

Chairmen of Administrative Committees of Provinces

Chairmen of Anti-French Resistance Administrative Committees of Regional Areas

Directors of Departments under the Ministry of Interior Affairs

I. IMPROVING THE SPIRIT AND MATERIAL LIVING CONDITIONS OF VIETNAMESE CIVIL SERVANTS

Since Independence, the Democratic Republic Government has taken care of the civil servants who directly assist in government agencies, aiming to improve their spirit and material living conditions.

Although at the beginning, the financial situation of the country was still difficult, the Government has provided all regular and temporary civil servants and their families with additional rice subsidies and special temporary allowances, and established a minimum wage to support lower-level civil servants immediately while it was not convenient to reform the civil service system.

Today, our nation is enthusiastically engaged in the anti-French resistance to protect the country and gain national autonomy. The Government recognizes that despite the difficult working conditions and many times having to endure hardships, there are still many officials who are devoted to their duties, showing a spirit of sacrifice to serve the country. Recently, the newly launched Patriotic Struggle Movement has seen many civil servants at all levels making great efforts, competing to work more, faster, and better to achieve significant results in the anti-French resistance and nation-building efforts.

President Ho Chi Minh signed on May 29, 1948 a Decree establishing the foundation for a new Civil Service Regulation and a new fair salary system suitable for the Democratic Republic regime, current living costs, and the current anti-French resistance situation.

A Decree improving the living conditions of civil servants during the anti-French resistance period shows that the Government is very concerned about the staff assisting in the work. Therefore, we hope that the brothers and sisters who have been enthusiastic in their work will become even more enthusiastic, their spirits uplifted, and they will strive to use all their minds and talents to fulfill their duties and contribute significantly to the anti-French resistance and nation-building efforts.

II. IMPLEMENTATION OF THE NEW CIVIL SERVICE REGULATION

The Decree dated May 29, 1948 stipulates that the new salary and allowance provisions will be implemented from May 1, 1948.

The above Decree only sets out the principles for the new civil service system from now on. A new construction process for the new civil service system has begun. The Ministry of Interior Affairs will contact each ministry to review all old regulations regarding the organization and management of regular or temporarily recruited civil servants, to establish new fair, simple, and more appropriate regulations to replace them.

Now, let us review the issue of civil servants, the actions taken by the Ministry of Interior Affairs, those currently being carried out, or soon to be carried out, and the actions that require the participation of ministries, departments, and anti-French resistance administrative committees in the construction and implementation of the new system.

1/Minimum Salary of 220đ: The Ministry of Interior Affairs has contacted the Ministry of Finance so that regular and temporary civil servants currently receiving salaries and allowances below 220đ... can immediately receive the new minimum salary of 220đ from May 1, 1948, while waiting for the transition to the new system.

2/ Rice Price Allowance: The Ministry of Interior Affairs has sent the Ministry of Finance to examine a draft joint decree setting the new rice price allowance and instructing on how to pay this allowance. All previous allowances will be abolished.

3/ Frontline Area Allowance: The Ministry of Interior Affairs has sent to the Ministry of National Defense and the General Command Office for agreement, and the Ministry of Finance has reviewed, a draft circular determining the procedures for paying the first, second, and third-class frontline area allowances for localities to implement.

4/ Allowance for Areas with Bad Weather: The Ministry of Interior Affairs has contacted the Ministry of Health to request information to classify areas with bad weather into three categories: first, second, and third class.

5/ Salaries and Allowances of Judges: The Ministry of Interior Affairs has contacted the Ministry of Justice and the Ministry of Finance to determine the implementation of the new salary and allowance system for second and primary level judges who are currently only receiving a substitute allowance instead of salary.

6/ Salaries and Allowances of Staff at the Presidential Office and Ministries: A draft Decree has been sent to the Ministry of Finance for examination and will be submitted to the Council of Ministers at the next session.

7/ Allowances for Those Holding Positions in People's Administration: The Ministry of Interior Affairs has sent the Ministry of Finance three draft Decrees revising monthly allowances, which will also be submitted to the Council of Ministers.

8/ Salaries and Allowances of High-Ranking Officials at Ministries, Provincial Levels, Regional Levels, or Heads of Departments in a Province: A draft Decree has been sent to the Ministry of Finance for examination and will be submitted to the Council of Ministers.

9/ Recruitment Procedures for War Veterans, Former Soldiers, and Military Personnel with Merits After Discharge: The headquarters has contacted the Ministry of War Veterans and Former Soldiers to study recruitment regulations for former soldiers right now.

10/ Civil Service Regulations: Work on drafting the new civil service regulations is underway at the Civil Service Department of the Ministry of Interior Affairs. It is necessary to define the organizational structure of civil service ranks, specify the duties, responsibilities, and benefits of civil servants, and establish regulations on the management and discipline of civil servants.

The headquarters will convene a meeting around early July 1948 (an invitation letter will follow) to exchange opinions between representatives of ministries on the draft of the new regulations. The draft will be sent to ministries and departments within the Ministry of Interior Affairs.

11/ Recruitment Regulations for Temporary Civil Servants: After completing the general regulations for civil service ranks, the headquarters will draft a circular regulating the recruitment of temporary civil servants and send it to ministries for comments.

12/ Establishing Special Rules for Civil Servants in Each Sector: In a few days, the headquarters will send a letter requesting ministries and departments to establish special rules for civil servants in each sector according to a common model to ensure uniformity in the restructuring of ranks and facilitate the classification of ranks. Currently, specialized agencies should study the needs of each sector's activities and set strict recruitment conditions for these ranks (B, C, D, E) so that employees in each rank are qualified and competent, truly worthy of their positions, avoiding unfairness among employees in the same rank in other sectors, and enhancing the prestige of the Government.

In addition to those who have been trained and graduated from specialized schools, the fairest way to select employees for these positions in the future is to hold professional examinations with general, theoretical, and practical subject tests, along with some high-weighted professional points to encourage diligent and devoted civil servants.

Temporarily, while it is not convenient to establish professional examinations, capable employees currently in lower positions may still be appointed temporarily to higher positions.

The relevant Ministries shall pay attention to setting easier recruitment conditions for mountainous region compatriots.

13/ Command position allowances: In a few days, the Ministry will send letters requesting the Ministries and Departments to declare command positions to draft a Decree on command position allowances.

14/ Professional allowances: At the same time, we will request the Ministries and Departments to provide materials to set up professional allowances in certain fields with special positions.

15/ Transfer of positions: The Ministry of Interior is studying the transfer of positions for current regular-grade civil servants and will coordinate with the Ministries to establish fair comparison tables for new positions.

16/ Transfer of ranks: From now on, we request the Ministries and Departments to study the transfer of civil servants currently working on a daily basis, receiving monthly salaries or having contracts, or those in reserve ranks, to the new system according to the Decree dated May 29, 1948, into temporary civil servant ranks equivalent to ranks A, B, C, D, E.

After completing the Civil Servant Regulations and specific rules for certain temporary civil servants meeting the new criteria, they will be appointed to regular grades. Pending this, temporary civil servants will be placed at a lower grade than the starting grade of regular civil servants of the same educational level (see common salary scale) and will enjoy family allowances, expensive rice allowances, frontline allowances, bad weather allowances, or position allowances as regular civil servants. The Ministry will liaise with the Ministry of Finance to determine the implementation regulations for the new system for temporary civil servants.

17/ Civil servants joining the National Defense Army: The Personnel and Accounting Offices may immediately implement the provision in the Decree dated May 29, 1948, awarding one month's salary to regular and temporary civil servants joining the National Defense Army.

18/ Relocation allowances: The Ministry will liaise with the Ministry of Finance to adjust relocation allowances for staff traveling on official business or being transferred to work elsewhere upon superior orders.

19/ Leave and sick leave regulations: The Ministry will draft leave and sick leave regulations and will send them to the Ministry of Health and the Ministry of Finance for review.

20/ New retirement benefits regulations: The Ministry of Interior requests the Pension Department under the Ministry of Finance:

1- To study new retirement benefit regulations suitable for the Civil Servant Regulations of Vietnam

2- To address current and future retirement benefit issues in the event of negotiations between France and our government (retirement benefits for civil servants eligible for retirement, late-entry regular-grade civil servants, former European-grade civil servants, military pensioners, pension contributions of Indochinese officials before the establishment of a common pension fund, establishing a fund to save money for temporarily recruited officials, etc.)

The Ministry of Interior will exchange opinions after the Pension Department has completed its research on each issue.

21/ Civil servant discipline: After exchanging opinions with the Ministry of Justice, the Ministry will notify the measures for maintaining civil servant discipline.

III. Preparing for the Implementation of the New Civil Servant Regulations

It will take several months after establishing the Civil Servant Regulations of Vietnam setting general rules for personnel in various positions and issuing specific rules for personnel in each specialized field for agencies to:

a/ Examine the transfer of civil servants from old positions to new ones, and create and implement comparison tables for positions and ranks for civil servants in each field.

b/ Examine the appointment of certain temporary civil servants meeting the criteria stipulated in the regulations and specific rules of each field to regular grades.

However, when implemented, all civil servants will be entitled to backpay (the difference between the new and old monthly salaries) from May 1, 1948.

Now, preparations must be made for tasks that can be carried out immediately to facilitate the early implementation of the new system.

The first task is to collect information so that central agencies can understand each employee and compile a complete list of personnel in each field. Only then can the Position Transfer Council (for regular-grade civil servants) and Rank Transfer Council (for temporary civil servants), commendation or promotion councils, or disciplinary councils make decisions based on individual records and submit appropriate recommendations to higher authorities.

IV. Civil Servant Evaluation Forms

We request the Ministries, Anti-Japanese Resistance Administrative Committees at all levels, and agencies under the Ministry of Interior to use the attached Civil Servant Evaluation Form model.

Each Anti-Japanese Resistance Administrative Committee at the inter-provincial level will print a large number of copies of this form to distribute to all administrative and specialized staff working within their regions. The Ministry of Interior has directly sent printed evaluation forms to the Ministries for use by personnel working in central agencies.

Civil servants must truthfully fill out all items on the first page of the evaluation form. Civil servants will be punished if it is later found that they intentionally provided false information to obtain higher benefits. Supervisors at each level will sequentially record their comments on the second page of the evaluation form.

evaluations of their subordinates. To implement Decree No. 63 dated December 22, 1945, organizing the people's administration, specialized agencies must send the evaluation forms of their subordinates to the Anti-Japanese Resistance Administrative Committee at the same level (district, province, inter-provincial) for comments on job performance, which will then be forwarded to the higher-level specialized agency. and request of their own regarding civil servants. To implement the Decree No. 63 dated December 22, 1945 on organizing the people's administration, specialized agencies must send the score sheets of the public officials under their jurisdiction to the Anti-French Resistance Administrative Committee at the same level (district, province, regional area) for that Committee to comment on the performance of duties, then forward it to the higher-level specialized agency.

Staff working directly in central Ministries will send the evaluation forms directly to the Office of the Minister without going through the Anti-Japanese Resistance Administrative Committees at the provincial or inter-provincial levels.

Requesting all levels of command to be extremely cautious and deliberate in their consideration of each word in criticisms and suggestions, so that the criticism reflects the actual situation, superiors clearly understand the character, ability, position, and responsibilities of each individual, and rewards and punishments are fair. Commanders must evaluate based on official duties in a very objective manner, without favoritism due to friendship, kinship, or respect, clearly outlining both strengths and weaknesses of each person.

If a civil servant under their command has not been there for three months, the immediate superior should be careful with their criticism because they have not had enough time to fully understand the civil servant and should note: "Mr./Ms.... has been under my command for less than three months. According to my impression, he/she is a civil servant... (good or bad...)"

As a general rule, performance evaluations will be conducted annually, multiple copies will be made, the commanding officer in the office retains one copy, the Central level retains one copy, and the personnel management department at each ministry retains one copy. In addition to the annual evaluation form attached here, there may be separate reports on work performance and conduct, applicable to certain offices (such as employees of the Ministry of Finance agencies).

For this period, the evaluation will be prepared to assess the conduct, capability, and work of each civil servant from the day of Independence until now, especially their performance in their positions during the resistance war, to enable higher authorities to decide on rewards and punishments.

Temporarily, the management of civil servants will follow the old procedures. The evaluations will be collected later for the personnel management agencies to review and compile lists based on seniority while awaiting the Government's Resolution on the Civil Service Regulations of Vietnam.

V. Reward Procedures

The Government plans to reward in the future those "resistance civil servants" who have assisted the Government until the successful conclusion of the resistance war and have worked for at least two years during the resistance period, or less than two years but with special merit.

From now on, regular or temporary civil servants who demonstrate high spirits, are dedicated to their posts, actively work, and show significant contributions can be rewarded in the following ways, depending on their efforts, results achieved, or special merits:

1/ CERTIFICATE OF MERIT

of …

proposed by the direct superior with clear reasons, and signed by the following levels, depending on the importance of the award and the agency where the employee serves:

Judges and clerks of the court will receive certificates of merit issued by the Anti-French Resistance Administrative Committee of the Region and signed by the Director of Justice of the Region or jointly by the Ministry of Justice and Ministry of Interior.

2/ AWARD MEDAL

by the President of the Government...

proposed by the superior, reviewed by the Ministry Management, and submitted to the President for approval.

The award medal will follow a standard model that can also be awarded to citizens who are not civil servants.

For a civil servant proposed for "award," a decree of the Ministry of Interior or Joint Ministry of Interior and Ministry Management will specify:

"Mr./Ms... position... is awarded for... (reason)" or "the following civil servants are awarded:

Mr./Ms... position... for...

Mr./Ms... position... for...

(clearly stating the reason briefly, but the proposal must detail the actual achievements).

Only after the President approves the award lists will the ministries communicate these decrees to subordinate agencies and the awardees.

Copies of "certificates of merit" and decrees for "award medals" will be kept in the civil servant's personnel file and will influence their promotion and selection for leadership positions.

Temporary civil servants who receive award medals will be easily recruited into regular ranks if they meet the minimum conditions.

Civil servants with a decree for an award medal, when passing professional exams to be promoted to a higher grade, will receive additional points on their examination scores.

3/ Civil servants with special merit may be awarded orders according to the Decree of July 5, 1947:

INDEPENDENCE

HO CHI MINH

GOLD STAR

These orders will also be recorded in the civil servant's personnel file and naturally will have greater value than certificates of merit and award medals in all aspects.

To maintain the value of certificates of merit, award medals, and orders for those who are rewarded, commanders must be extremely careful in proposing and selecting individuals with special merit and truly deserving of recognition beyond regular promotions or salary increases.

VI. PROMOTION AND REWARD

According to the Decree of May 29, 1948, transferring to a new rank will benefit civil servants, some gaining more benefits, others fewer, depending on their position, rank, and grade, family status, work environment, and previous benefits enjoyed.

The council reviewing rank transfers may propose to higher authorities that some civil servants be promoted one or two grades in exceptional cases.

During the period of grade transfer, promotion rewards will be considered based on the selection among officials at the same level who have served for at least two years. Of course, employees who perform unsatisfactorily, even with three, four, or five years of service, may not be promoted. In the new regulations, promotion according to seniority without selection will be stipulated.

Recommendation in the Performance Evaluation Form

After thorough and accurate comments on the work performance and capabilities of each official, direct supervisors and higher authorities should clearly recommend rewards or punishments in the evaluation form and use the following terms consistently for convenience of the grade transfer and promotion council and central agencies in assessing.

For civil servants meeting the minimum seniority requirement for promotion (or salary increase):

1/ Not worthy of promotion,

2/ Not yet worthy of promotion,

3/ Worthy of promotion,

4/ Very worthy of promotion,

5/ Highly worthy of promotion.

For civil servants not meeting the minimum seniority requirement for promotion (or salary increase):

- Not meeting the minimum seniority for promotion

In special cases, civil servants with meritorious service, regardless of whether they meet the minimum seniority requirement, their supervisors may propose the following (if the specific rules of their department allow for special promotions outside the regular promotion cycle for all officials):

"For the reasons stated above, I recommend that Mr...be specially promoted to rank..."

Or:

I recommend granting Mr...a commendation certificate issued by..., and a merit award certificate from the President of the Government.

Or Medal:

Independence, Hồ Chí Minh, or Yellow Star (if there is extraordinary merit - see Decree dated July 5, 1947). When in a provincial office, district, or bureau, two or more civil servants are proposed for promotion to the same rank simultaneously, the supervisor shall prepare a list ranking them in order and mark "first", "second", "third"...next to each name, based on their own assessment.

For civil servants who are late or have committed offenses, supervisors will propose disciplinary measures and submit a report and dossier to higher authorities for the competent authority to decide on rewards or punishments.

For civil servants hired on a temporary basis,

after evaluating their qualifications, work performance, and abilities, the supervisor will clearly state "I recommend increasing Mr...’s salary." "I find Mr...worthy of being recruited into the rank..., provided he meets all conditions under the Civil Servant Regulations and the specific rules of that rank."

Or:

Civil servants wishing to join the permanent ranks should prepare a file to submit to their immediate supervisor including:

a/ A request to be appointed to the permanent rank,

b/ A resume (if not already clear),

c/ Marriage certificates, birth certificates of themselves and children under 21 years old,

d/ Copies of diplomas or transcripts certified by the Anti-French Resistance Administrative Committee at the provincial level or higher, or certificates of qualification issued by the National Education Ministry, or other special certificates of professional competence.

e/ Declarations of daily work performed, with contracts, monthly assignments, or provisional positions during which periods, along with any supporting documents if available.

Calculation of Seniority

During the period of grade transfer, seniority of civil servants is calculated as follows:

Actual seniority:

From the date of promotion to the current rank or salary, clearly recorded on the first page of the promotion form (indicating the date of promotion), up to April 30, 1948, excluding periods of unpaid leave. Actual seniority is calculated according to calendar time, but for simplicity, each month is considered to have 30 days. For example, an official promoted or hired on February 28 or July 28 is considered to have 3 days of seniority in that month.

For permanent civil servants,

as well as for temporary civil servants, general salary increases for all civil servants (such as applying the minimum wage of 130đ, 150đ, 180đ, and additional family, regional, and temporary special allowances) do not affect seniority. For instance, a typist hired on January 1, 1945, previously earning 2đ10 + 1đ40 = 3đ50 per day, now earning 180đ per month plus a temporary special allowance, will still be considered to have been at the 3đ50 x 30 = 105đ salary level since January 1, 1945. Thus, if still employed until April 30, 1948, the actual seniority would be 3 years, 4 months, and 0 days in the current salary record. Increase in seniority

2/ – Departments will base on the decree listing climatic zones of the first, second, and third categories (currently being prepared) to grant civil servants working in these areas an increased seniority bonus calculated as follows:from September 1, 1945 onwards (Independence Day is September 2, 1945, but counted from September 1 for full months): Time worked in adverse climatic zones:The seniority bonus is calculated as:

Department supervisors will provide printed evaluation forms for officials to fill out the first page, then request the National Defense Army supervisor to attach a separate sheet to the evaluation form to certify the military service period and write comments on mental capacity and achievements during military service, then send the completed evaluation form back to the department. Department supervisors will write comments on the evaluation form regarding the official's work period in the department from Independence Day to the date of joining the military, and attach the comments of the military supervisor. The Military Commissioner will write comments directly on the evaluation form (in the space reserved for the Anti-French Resistance Administrative Committee), then hand it over to the Administrative Commissioner of the region to forward to the personnel management agency.

The grade transfer and promotion council will base their decision on the comments of the department supervisors and higher authorities, as well as the comments of the military supervisors.

Establishing lists of permanent and temporary civil servants by seniority

The Council for job transfer and promotion will base its decision on both the comments from the immediate supervisor in the office and from higher levels, as well as from military commanders.

Establish a list of permanent and temporary public officials according to seniority.

The central civil service management offices, after consolidating the score sheets, shall review the declarations of officials on the first page (verifying length of service, increments in length of service, old rank and grade, and credentials to ensure accuracy and correct any errors. If the responsible official does not have documentation for review, they shall note on that page "currently, there is no file record for verification" and sign it, so that a recheck can be conducted when conditions permit.

The management office will prepare according to the attached model lists of permanent civil servants and temporary civil servants currently serving in various departments, arranged in descending order of rank and within each rank by length of service as of April 30, 1948 (the total actual length of service and any additional length of service mentioned above).

To implement the circulars from the President of the Government sent to Ministries since the beginning of 1947 and to enable the Civil Service Department of the Ministry of Home Affairs to have a list of officials nationwide and to compile statistical records, it is requested that administrative management agencies submit a list of staff by length of service to the Ministry of Home Affairs (Civil Service Department) along with a statistical table of civil servants by each rank, grade, and position.

As the civil service regulations and specific rules for each department are nearing completion, the Ministry of Home Affairs will coordinate with the Ministry of Finance to notify the method of forming specialized rank examination boards and awarding promotions. To expedite the process, it is requested that command levels immediately establish score sheets, lists of civil servants, and statistical tables.