Joint Circular No. 619/1999/TTLT-TTNN-BTCCBCP guides the implementation of recruitment, transfer of classification, promotion, management, and disciplinary action for inspection officials.

 

JOINT CIRCULAR

Guidelines for the recruitment, transfer, promotion, management, and disciplinary handling of auditing civil servants Implementing the Ordinance on Auditing dated April 1, 1990; the Ordinance on Civil Servants dated February 26, 1998;

Pursuant to Decision 191/HĐBT dated June 18, 1991 of the Council of Ministers (now the Government) promulgating the Regulation on auditors and auditing associates;

Decree No. 95/1998/NĐ-CP dated November 17, 1998 of the Government on recruitment, utilization, and management of civil servants;

Decree No. 97/1998/NĐ-CP dated November 17, 1998 of the Government on disciplinary handling and material responsibility of civil servants;

The State Audit Office and the State Organizational-Civil Service Agency of the Government provide guidelines for the recruitment, transfer, promotion, management, and disciplinary handling of auditing civil servants as follows:

I- RECRUITMENT, TRANSFER, PROMOTION OF AUDITORS

A- RECRUITMENT:SECTION INSPECTOR

A- RECRUITMENT:

1- Recruitment of individuals to work at state auditing organizations shall be carried out in accordance with Decree No. 95/1998/NĐ-CP dated November 17, 1998 of the Government on recruitment, utilization, and management of civil servants and Circular No. 04/1999/TT-TCCP dated March 20, 1999 of the State Organizational-Civil Service Agency of the Government guiding the implementation of Decree No. 95/1998/NĐ-CP.

2- Individuals participating in examinations for auditing agencies shall have their application files reviewed by the Chief Auditor of Ministries, agencies equivalent to ministries, and government agencies (hereinafter referred to collectively as "Ministries"), the Chief Auditor of Provinces directly under the Central Government (hereinafter referred to collectively as "Provinces"), and shall be coordinated with the Personnel Department of Ministries and the Provincial Administration Organization Board to report to the Examination Council of Ministries and Provinces for consideration.

2.1- Applicants must meet political qualities and educational qualifications as prescribed for each grade of civil servant.

2.2- Regarding the organization of recruitment examinations: Recruitment examinations for civil servants shall be conducted in accordance with Decision No. 466/1998/QĐ-TCCP-BCTL dated September 5, 1998 of the Minister-Chairman of the State Organizational-Civil Service Agency of the Government on the issuance of the Regulation on recruitment examinations for civil servants and examination rules. The examination content for those recruited to work in auditing agencies shall follow the examination content for the required grades of civil servants. For those working in auditing and complaint resolution, the examination content shall follow that for the specialist grade, but with special attention given to knowledge of auditing, complaints, and appeals laws. The Chief Auditor of Ministries and Provinces shall prepare reports to the Examination Council for consideration and inclusion in the study materials and test construction for the specialist grade.

B- TRANSFER:

1- Civil servants holding the specialist grade and other grades with equivalent professional qualifications who have worked in state auditing organizations for at least one year, possessing the necessary ability, moral character, and meeting the professional standards of auditor grades as stipulated in Decision No. 818/TCCP-VP dated October 21, 1993 of the Minister-Chairman of the State Organizational-Civil Service Agency of the Government on the issuance of professional standards for civil servant grades in the state auditing sector may be considered for transfer and appointment to auditor grades, specifically as follows:

1.1- In the case of specialists or equivalent positions, they may be considered for transfer and appointment to the auditor grade (level 1).

1.2- In the case of senior specialists or equivalent positions, they may be considered for transfer and appointment to the senior auditor grade (level 2).

1.3- In the case of top specialists or equivalent positions, they may be considered for transfer and appointment to the top auditor grade (level 3).

2- The consideration for transfer and appointment to auditor grades must go through the Grade Transfer Examination Council; the Council examines and approves each individual's file proposed for appointment based on job performance results, civil servant evaluation results, members' review and secret ballot voting. Only those achieving a two-thirds majority vote from Council members will proceed to establish a file for submission to the competent authority for appointment.

2.1- The Grade Transfer Examination Council for auditors (consisting of five or seven members) includes:

2.1.1- Chairperson of the Council:

- At the central level, it is the leadership of the Ministry;

- At the local level, it is the leadership of the provincial People's Committee;

2.1.2- Vice-Chairperson of the Council:

- At the central level, it is the Director of the Personnel Department of the Ministry;

- At the local level, it is the Head of the Provincial Administration Organization Board;

2.1.3- Permanent member is the Chief Auditor of the Ministry, Chief Auditor of the Province. The permanent member is responsible for preparing the necessary procedures, files, and documents to report to the Grade Transfer Examination Council for auditors.

2.1.4- Other members are appointed by the Ministry or Province as needed, representing relevant agency leaders.

2.2- Individual files proposed for transfer to auditor grades include:

2.2.1- Proposal letter and comments on work performance by the direct managing agency of the civil servant;

2.2.2- Auditor application form, two (2) color photographs (3x4) (according to the model of the State Audit Office);

2.2.3- Report on audit work results (according to the model of the State Audit Office);

2.2.4- Copies of diplomas and certificates (with confirmation by the direct using and managing agency of the civil servant).

3- Procedures for proposing appointment to auditor grades:

3.1- For top auditors including:

3.1.1- Individual files as specified in point 2.2 of section B;

3.1.2- A proposal letter from the Minister or Chairman of the Provincial People's Committee sent to the State Auditor General for coordination with the State Organizational-Civil Service Agency of the Government to submit to the Prime Minister for appointment;

3.1.3- Minutes of the Grade Transfer Examination Council (detailing the results of diploma and certificate verification, opinions of council members, and council conclusions).

3.1.4- The file is prepared in three (3) copies and submitted to the State Audit Office.

3.2- For senior auditors including:

3.2.1- Individual files as specified in point 2.2 of section B;

3.2.2- A proposal letter from the Minister or Chairman of the Provincial People's Committee requesting the State Auditor General to consider appointment;

3.2.3- Minutes of the Grade Transfer Examination Council (detailing the results of diploma and certificate verification, opinions of council members, and council conclusions).

3.3- For auditors including:

3.3.1- Individual files as specified in point 2.2 of section B;

3.3.2- Document of the Council for Transfer to Rank proposing the Minister, Chairman of the Provincial People's Committee appoint to the rank of Inspector;

3.3.3- Minutes of the Council for Transfer to Rank (detailing the results of the examination of diplomas and certificates, comments from members, and conclusions of the Council).

C- PROMOTION TO RANK:

1- Promotion from Inspector to Senior Inspector, and from Senior Inspector to Senior Inspector (High Level) must be conducted through a promotion examination.

2- The State Auditor decides to establish the Examination Council for Promotion from Inspector to Senior Inspector (consisting of five or seven people), including:

2.1- The Chair of the Council is the leadership of the State Inspectorate;

2.2- The Vice-Chair of the Council is the Director of the Department of Organization and Cadres of the State Inspectorate;

2.3- Other members are some Directors of specialized departments of the State Inspectorate and representatives of the Government's Organization and Cadre Department;

2.4- The Secretary of the Examination Council is a specialist overseeing recruitment work under the Department of Organization and Cadres of the State Inspectorate.

3- The Minister - Head of the Government's Organization and Cadre Department decides to establish the Examination Council for Promotion from Inspector to Senior Inspector (High Level).

4- The functions, duties, and powers of the Examination Council for Promotion are implemented according to Decision No.: 150/1999/QĐ-TCCP dated February 12, 1999, issued by the Minister - Head of the Government's Organization and Cadre Department on the issuance of the Examination Regulations for Civil Servants..

The content of the examination will be specifically guided by the State Inspectorate after reaching consensus with the Government's Organization and Cadre Department.

5- Appointment for those who pass the promotion examination:

5.1- Promotion from Inspector to Senior Inspector is decided by the State Auditor for appointment.

5.2- Promotion from Senior Inspector to Senior Inspector (High Level) is proposed by the State Auditor and the Government's Organization and Cadre Department to the Prime Minister for appointment.

5.3- After appointment, salary classification shall be carried out according to current regulations of the State.

II- ON THE MANAGEMENT OF INSPECTORATE CIVIL SERVANTS:

1- Appointment, reappointment, removal, and transfer of the Chief Inspector of Ministries is proposed by the Minister to the State Auditor for the State Auditor to submit to the Prime Minister for decision. Procedures and formalities are carried out according to current regulations of the Party and the State.

2- Appointment, reappointment, removal, and transfer of the Chief Inspector of Provinces is proposed by the Chairman of the Provincial People's Committee to the State Auditor for consideration and decision. The appointment of the Chief Inspector of Provinces must meet the criteria set forth in Decision No. 854QĐ/TTNN dated September 10, 1994, of the State Auditor. Procedures and formalities are carried out according to current regulations of the Party and the State.

3- Appointments of Deputy Chief Inspectors of Ministries, Deputy Chief Inspectors of Provinces are made by the Minister and the Chairman of the Provincial People's Committee according to current regulations. Decisions on appointment, removal, and transfer of these civil servants shall be reported to the State Inspectorate for monitoring.

4- Appointments and removals of Inspectors are carried out according to the provisions of Decree No. 191/HĐBT dated June 18, 1991, of the Council of Ministers (now the Government) on the Inspector and Inspector Collaborator Regulations. Transfers of Inspectors are carried out as follows:

4.1- For Senior Inspectors before being transferred to other positions, the Minister and the Chairman of the Provincial People's Committee shall prepare documents to request the State Inspectorate and the Government's Organization and Cadre Department to report to the Prime Minister. The transfer of Senior Inspectors can only be carried out upon approval by the Prime Minister.

4.2- For Senior Inspectors before being transferred to other positions due to job requirements, the Minister and the Chairman of the Provincial People's Committee shall prepare documents to request the State Inspectorate to decide on dismissal.

4.3- Transfers of Inspectors must be approved by the competent authority that appointed them.

5- The Chief Inspectors of Ministries and Provinces shall annually evaluate civil servants according to the regulations of the Party and the State; they shall compile statistics on the quantity and quality of Inspectorate civil servants within their jurisdiction, reporting periodically every six months and annually to the State Inspectorate.

6- Inspectors who have been issued Inspector cards are responsible for managing and using them according to regulations. In case the card is lost, it must be immediately reported to the direct supervisor. Issuance, replacement of Inspector cards, and requests for the Chief Inspectors of Ministries and Provinces to report to the State Auditor for consideration and decision. The Chief Inspectors of Ministries and Provinces are responsible for managing and recovering Inspector cards when Inspectors transfer to other jobs, retire, and return them to the State Inspectorate.

7- Benefits and policies for Inspectors are implemented according to current regulations of the State. Inspectors appointed to a specific rank shall receive salaries at that rank.

III- DISCIPLINARY ACTION AGAINST INSPECTORATE CIVIL SERVANTS:

Disciplinary action and financial responsibility for Inspectorate civil servants are implemented according to Decree No. 97/1998/NĐ-CP dated November 17, 1998, of the Government on disciplinary action and financial responsibility for civil servants and Circular No. 05/1999/TT-TCCP dated March 27, 1999, of the Government's Organization and Cadre Department guiding the implementation of Decree No. 97/1998/NĐ-CP.

In cases where disciplinary action involves demotion or dismissal of Inspectorate civil servants, the following procedures apply:

1- For Chief Inspectors and Deputy Chief Inspectors, if the Disciplinary Council recommends dismissal, the head of the directly managing agency shall review and, if approving the recommendation, propose the competent authority for appointment to make the decision.

2- For Senior Inspectors (Level 3), if the Disciplinary Council recommends demotion or higher disciplinary actions, the Minister and the Chairman of the Provincial People's Committee shall review and, if approving the recommendation, propose the State Auditor and the Minister - Head of the Government's Organization and Cadre Department to report to the Prime Minister for decision.

3- For Senior Inspectors (Level 2), if the Disciplinary Council recommends demotion, the Minister and the Chairman of the Provincial People's Committee shall review and, if approving the recommendation, propose the State Auditor to make the decision.

4- For Inspectors (Level 1), if the Disciplinary Council recommends demotion, the proposal shall be submitted to the Minister and the Chairman of the Provincial People's Committee for decision.

IV- IMPLEMENTATION

1- The ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and related agencies and organizations shall be responsible for organizing and directing the implementation of the guidelines set forth in this Circular.

2- Officials belonging to the Defense Inspection Organizations and Public Security Inspection Organizations in matters of recruitment, transfer of rank, promotion of rank, management, and disciplinary action shall comply with the regulations of the State concerning the armed forces.

3- Any difficulties encountered during the implementation process shall be reported to the National Inspectorate and the Government's Organization and Cadre Management Board for study and resolution.