Decree No. 48/2023/NĐ-CP amends and supplements some articles of Decree No. 90/2020/NĐ-CP dated August 13, 2020 on the evaluation and classification of quality of cadres, civil servants, and public officials.

DECREE
Amending and supplementing certain articles of Decree No. 90/2020/NĐ-CP on quality assessment and classification of civil servants and public officials

dated August 13, 2020

civil servant, public official, civil service employee

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 90/2020/NĐ-CP dated August 13, 2020 on quality assessment and classification of civil servants and public officials.

Article 1. Amending and supplementing certain articles of Decree No. 90/2020/NĐ-CP dated August 13, 2020 on quality assessment and classification of civil servants and public officials

1. Supplement Clause 5 and Clause 6 after Clause 4 of Article 2 as follows:

"5. Civil servants and public officials who are subject to disciplinary action by the Party or administrative disciplinary action shall be assessed and classified as follows:

a) Civil servants and public officials who are subject to disciplinary action by the Party or administrative disciplinary action during the year of assessment shall be classified at the level of not fulfilling their tasks, except for cases provided for in point b of this clause.

b) In cases where the violation has not been decided on disciplinary action by the competent authority but has been used as a basis for assessing and classifying at the level of not fulfilling their tasks during the year of assessment, the decision on disciplinary action issued after the year of assessment for that violation (if any) shall not be considered for assessing and classifying in the year with the disciplinary decision.

c) In cases where civil servants and public officials who are Party members have been subject to disciplinary action by the Party and administrative disciplinary action for the same violation, but the disciplinary decision by the Party and the administrative disciplinary decision do not take effect in the same year of assessment, only one year of assessment shall be considered as the basis for classification.

6. The ratio of civil servants and public officials classified as "Outstandingly Fulfilling Their Tasks" in the total number of civil servants and public officials at the same agency, organization, unit, and for each group of subjects with similar tasks shall not exceed the ratio of Party members classified as "Outstandingly Fulfilling Their Tasks" as prescribed by the Party. In cases where the agency, organization, or unit has outstanding achievements, prominent results, successfully completing assigned tasks beyond plan, performing well in urgent tasks, proposing or implementing innovative initiatives that bring about positive changes and tangible value and effectiveness, the competent authority may decide on an appropriate ratio of outstanding performance in accordance with reality, ensuring the legitimate rights and interests of civil servants and public officials."

2. Amending and supplementing Article 22 as follows:

"Article 22. Retaining documents for quality assessment and classification of civil servants and public officials

Documents containing the results of quality assessment and classification shall be retained electronically, including:

1. Minutes of meetings for comments and assessment.

2. Forms for assessment and classification of quality of civil servants and public officials.

3. Comments from the Party committee at the place of work (if any).

4. Conclusions and notifications in writing regarding the results of quality assessment and classification of civil servants and public officials by the competent authority.

5. Files for handling complaints about the results of quality assessment and classification of civil servants and public officials (if any).

6. Other related documents (if any).

In addition to electronic retention, documents specified in Clause 2 and Clause 4 of this Article shall also be retained in writing in the files of civil servants and public officials."

3. Amending and supplementing Clause 1 of Article 23 as follows:

1. Based on the regulations of the competent authority managing civil servants and public officials on quality assessment and classification, agencies, organizations, and units employing civil servants and public officials shall issue Regulations on assessment suitable to the characteristics of their own agencies, organizations, and units.

The content of the Regulations must clearly define specific products linked to each job position, criteria for assessing quality and efficiency, timing for assessment quarterly, monthly, or weekly (if applicable); criteria for determining the percentage of completion of tasks; criteria for evaluating and classifying the quality of civil servants and public officials, taking into account the proportion of workload completed by civil servants and public officials compared to the total workload of the agency, organization, or unit; encouraging the application of information technology for quality assessment and classification of civil servants and public officials, ensuring compliance with the provisions of this Decree.

The assessment and classification of quality for personnel working in confidential organizations shall be carried out in accordance with the laws on confidentiality and shall not contravene the principles of assessment and classification of cadres by the competent authority."

4. Removing the phrase "during the course of performing duties" in Clause 5 of Article 7; point c of Clause 1 and point đ of Clause 2 of Article 11; point c of Clause 1 and point đ of Clause 2 of Article 15.

Article 2. Implementation clause

1. This Decree takes effect from September 15, 2023.

2. Cases that have already been classified before the effective date of this Decree will not be reconsidered. In cases where the competent authority conducts assessment and classification of civil servants and public officials before the effective date of this Decree, the relevant legal provisions at that time shall continue to be applied.

Article 3. Responsibility for Implementation

The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree.