Joint Circular No. 619/1999/TTLT/TTNN-BTCCBCP guiding the implementation of recruitment, transfer of ranks; promotion of ranks, management, and disciplinary action for inspection officials. Implementing the Inspection Ordinance on April 1, 1990; the Cadres and Civil Servants Ordinance on February 26, 1998.

JOINT CIRCULAR

Guidelines for recruitment, transfer, promotion, management, and disciplinary action of state auditors

- Implementing the Inspection Law on April 1, 1990; the Civil Servant Law on February 26, 1998; 

- Based on Decree No. 191/HĐBT dated June 18, 1991 of the Council of Ministers (now the Government) promulgating the Inspector and Inspector Assistant Regulations; 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 actions and material responsibilities of civil servants; the State Auditor and the Government Organization-Civil Service Board provide guidelines for the recruitment, transfer, promotion, management, and disciplinary action of state auditors as follows:

I- RECRUITMENT, TRANSFER, PROMOTION OF INSPECTORS

A- RECRUITMENT:

1- The recruitment of individuals to work at state inspection 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 Government Organization-Civil Service Board guiding the implementation of Decree No. 95/1998/NĐ-CP.

2- Individuals participating in the examination for inspector positions shall have their application files reviewed by the Chief Inspector of Ministries, agencies equivalent to ministries, and government agencies (hereinafter referred to collectively as "Ministries"), the Chief Inspector of provinces directly under the central government (hereinafter referred to collectively as "Provinces"), and shall be coordinated with the Personnel Department of the Ministry and the Provincial People's Committee Organization Department to report to the Examination Board of the Ministry or Province 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 examinations: The examination of civil servants shall be conducted according to Decision No. 466/1998/QĐ-TCCP-BCTL dated September 5, 1998 of the Minister-Chairman of the Government Organization-Civil Service Board on the issuance of the Civil Servant Examination Regulations and examination rules. The examination content for those recruited to work in inspection agencies shall follow the examination content for the required grades of civil servants. Specifically, for those working in inspection, complaint resolution, and accusation handling, the examination content shall be based on the specialist grade, but with emphasis on knowledge of laws related to inspection, complaints, and accusations. The Chief Inspector of Ministries and Provinces shall prepare reports for the Examination Board to consider and incorporate these contents into study materials and test construction for the specialist grade.

B- TRANSFER:

1- Civil servants holding specialist grades and other grades with equivalent professional qualifications working in state inspection organizations, who have participated in inspection work, complaint resolution, and accusation handling for at least one year, and who possess the necessary ability, moral character, and ethics to meet the professional standards of the inspector grades as stipulated in Decision No. 818/TCCP-VP dated October 21, 1993 of the Minister-Chairman of the Government Organization-Civil Service Board on the issuance of professional standards for civil servant grades in the state inspection sector, may be considered for transfer and appointment to inspector grades, specifically as follows:

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

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

2- The transfer and appointment to inspector grades must go through the Grade Transfer Review Board; the Grade Transfer Review Board reviews each individual file proposed for appointment based on job performance results, civil servant evaluation results, and members' secret ballot votes. Only those who achieve a two-thirds majority vote from the board members will have their files submitted to the competent authority for appointment consideration.

2.1- The Grade Transfer Review Board for inspectors (consisting of five or seven people) includes:

2.1.1- Chairman of the Board:

- 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- Deputy Chairman of the Board:

- 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 People's Committee Organization Department;

2.1.3- Permanent member is the Chief Inspector of the Ministry, the Chief Inspector of the Province. The permanent member is responsible for preparing the procedural files and documents to report to the Grade Transfer Review Board for Inspectors.

2.1.4- Other members are appointed by the Ministry or Province as needed, representing the leadership of relevant agencies.

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

2.2.1- Application letter, comments on work history from the direct managing agency of the civil servant;

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

2.2.3- Report on inspection work results (according to the model of the State Auditor);

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

3- Procedures for appointment to inspector grades:

3.1- For senior inspectors include:

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

3.1.2- A request letter from the Minister or Provincial People's Committee Chairman sent to the State Auditor for coordination with the Government Organization-Civil Service Board to submit to the Prime Minister for appointment;

3.1.3- Minutes of the Grade Transfer Review Board (detailing the results of diploma and certificate checks, opinions of members, and conclusions of the board);

3.1.4- Files are prepared in three (3) copies and sent to the State Auditor.

3.2- For senior inspectors include:

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

3.2.2- A request letter from the Minister or Provincial People's Committee Chairman to the State Auditor for consideration of appointment;

3.2.3- Minutes of the Grade Transfer Review Board (detailing the results of diploma and certificate checks, opinions of members, and conclusions of the board).

3.3- For inspectors include:

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

3.3.1- Personal file as prescribed 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 to 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 the Council's conclusion).

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 Board;

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 Board 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 Board on the issuance of the Examination Regulations for Promotion of 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 Board.

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 Board to the Prime Minister for appointment.

5.3- After appointment, salary classification shall be carried out in accordance with 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 shall be proposed by the Minister to the State Auditor for the State Auditor to submit to the Prime Minister for decision. Procedures and formalities shall be carried out in accordance with current regulations of the Party and the State.

2- Appointment, reappointment, removal, and transfer of the Chief Inspector of Provinces shall be 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 shall be carried out in accordance with current regulations of the Party and the State.

3- Appointments to the positions of Deputy Chief Inspector of Ministries, Deputy Chief Inspector of Provinces shall be made by the Minister and the Chairman of the Provincial People's Committee in accordance with current regulations. Decisions on appointment, removal, and transfer of these civil servants shall be sent to the State Inspectorate for monitoring.

4- Appointments to the ranks of Inspector shall be carried out in accordance with the provisions of Decree No. 191/HĐBT dated June 18, 1991, of the Council of Ministers (now the Government) promulgating the Inspector and Inspector Collaborator Regulations. The transfer of Inspectors shall be carried out as follows:

4.1- For Senior Inspectors before being transferred to other work, the Minister and the Chairman of the Provincial People's Committee shall prepare a document requesting the State Inspectorate and the Government's Organization and Cadre Board to submit to the Prime Minister. The transfer of Senior Inspectors can only be carried out when approved by the Prime Minister.

4.2- For Senior Inspectors before being transferred to other work due to job requirements, the Minister and the Chairman of the Provincial People's Committee shall prepare a document requesting the State Inspectorate to decide on removal.

4.3- The transfer of Inspectors must be agreed upon by the competent authority that appointed them.

5- The Chief Inspector of Ministries and Provinces shall implement annual evaluations of civil servants in accordance with the regulations of the Party and the State; compile statistics on the quantity and quality of Inspectorate civil servants within their jurisdiction, reporting periodically every six months or annually to the State Inspectorate.

6- Inspectors who have been issued an Inspector card shall be responsible for managing and using it in accordance with regulations. In case the card is lost, it must be reported immediately to the direct supervisor. Issuance, replacement of Inspector cards, and requests for the Chief Inspector of Ministries and Provinces to propose to the State Auditor for consideration and decision. The Chief Inspector of Ministries and Provinces shall be 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 shall be implemented in accordance with 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 shall be carried out in accordance with 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 Board guiding the implementation of Decree No. 97/1998/NĐ-CP.

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

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

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

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

4- For Inspectors (Level 1), if the Disciplinary Council recommends demotion as a disciplinary measure, it 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 shall be responsible for organizing and directing the implementation of the guidelines set forth in this Circular.

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

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