Joint Circular No. 6/TT-LB on explaining and guiding the implementation of the recruitment and termination regulations for state workers and officials.

Joint Resolutions, Circulars

Decision No. 6TT-LB dated September 6, 1963 of the Ministry of Labor and the Ministry of Interior on the explanation and guidance for the implementation of the recruitment and termination regulations for state workers and officials.

THE MINISTER OF LABOR

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

To: Ministries, agencies equivalent to ministries, and agencies under the Council of Ministers;

Administrative Committees of regions, provinces, centrally governed cities;

Also sent to: Central mass organizations.

On March 13, 1963, the Council of Ministers issued Decree No. 24-CP promulgating the recruitment and termination regulations for state workers and officials. The Circular issued jointly by the Ministry of Labor and the Ministry of Interior aims to explain and guide their implementation. number The recruitment and termination regulations for state workers and officials not only meet the urgent needs of current state enterprises and agencies but also align with the legitimate aspirations of workers. The provisions in these regulations serve as the basis for state enterprises and agencies to carry out recruitment and termination of workers and officials, while also serving as the basis for workers to exercise their rights to work and terminate employment at state enterprises and agencies.

The allowance system for judicial experts or specialized staff assigned to perform judicial expertise aims to compensate for part of the health expenses incurred to ensure the completion of assigned tasks.

Fully understanding and implementing these regulations will have significant political and economic implications, ensuring the construction of a strong workforce of state workers and officials for the socialist industrialization cause. It will ensure that the state workforce is managed strictly, labor resources are allocated and utilized rationally, and manpower is conserved. At the same time, it will make workers and officials clearly understand their duties and benefits, thereby enhancing their sense of ownership, spirit of responsibility, and enthusiasm for competition to boost production and work, contributing to the successful completion of state plans.

Recruitment and termination of state workers and officials involve complex personnel issues requiring state enterprises and agencies to recognize and implement them uniformly according to the regulations stipulated and the guidance provided by the Ministry of Labor and the Ministry of Interior.

II. RECRUITMENT

A. Principles and Forms of Recruitment

1. Regarding the principle of recruitment, Article 1 of the regulations stipulates that recruitment of people into state enterprises and agencies must be based on:

- Production and operational needs;

- Labor quotas and establishment quotas prescribed by the Government for the enterprise or agency;

- Enterprises and agencies may recruit people only after obtaining permission from central management agencies or local administrative committees after making efforts to adjust within the industry or locality without success.

a) These are fundamental principles that are closely interrelated, requiring enterprises and agencies to fully comply with them. When recruiting additional personnel, enterprises and agencies must start from production and operational needs while ensuring compliance with prescribed labor and establishment quotas. Conversely, even if labor and establishment quotas allow for additional recruitment, if existing workers can still meet production and operational needs through technological improvements, organizational reforms, and better work methods, no new recruitment should occur. Alternatively, even if there is a need for additional personnel due to production and operational requirements, central management agencies, local administrative committees, or the Ministry of Labor and the Ministry of Interior may reallocate surplus personnel from other places (as per Directive No. 161-CP dated October 12, 1961 of the Prime Minister). In such cases, enterprises and agencies must not recruit new personnel, despite the quotas allowing it.

b) Recruitment by enterprises and agencies must be based on production and operational needs, meaning they must base their recruitment on the functions, tasks, and production and operational plans assigned by the Government to determine the need for permanent or temporary workers. If production and operational plans and organization are stable and the work has a long-term nature, permanent workers should be recruited; if the plans and organization are not yet stable or the work is temporary, seasonal, or sporadic, temporary workers should be recruited to avoid the current practice of hiring personnel on indefinite contracts in many enterprises and agencies.

To provide a basis for recruitment and the implementation of different systems for each type of worker and official in enterprises and agencies, ministries, main management sectors, and local administrative committees must assign tasks, production targets, and organizational forms ("state-owned enterprises or cooperatives") when setting production plans, and simultaneously decide on labor quotas and implement clear hierarchical management.

Recruitment must be based on labor quotas and establishment quotas prescribed by the Government for the enterprise or agency, meaning the enterprise or agency cannot exceed the average number of staff recorded in the state plan annually (including both permanent and temporary workers). To meet production and operational needs and avoid wastage of manpower, the formulation of labor and establishment quotas for enterprises and agencies must be based on production and operational targets, productivity increase targets, and labor standards set by the Government. The spirit of streamlining the organizational structure and reducing the establishment quota (as proposed in Resolution VIII of the Party Central Committee) must be adhered to, striving to increase labor productivity, reduce product costs, and increase output while keeping the number of workers unchanged or increasing it minimally to reduce non-agricultural population and state expenses. At the same time, full consideration must be given to the actual production and operational situation, technical and professional levels, and health conditions of current workers and officials.

The recruitment of personnel must be based on the labor quota and establishment quota prescribed by the Government for the enterprise or agency, which means that the enterprise or agency shall not recruit more staff than the average number of employees recorded annually in the State plan (including both permanent and temporary workers). To ensure production and operational needs and to avoid wastage of human resources, the establishment of labor quotas and establishment quotas for enterprises and agencies must be based on production and operational plans, productivity increase targets, and labor standards set by the Government, while adhering to the spirit of streamlining the organizational structure and reducing the establishment (as proposed in Resolution VIII of the Party Central Committee), striving to increase labor productivity, reduce product costs, and aim to increase output with little or no increase in the number of people, thereby reducing non-agricultural population and state expenses; at the same time, due consideration must be given to actual production and operational conditions, technical and professional levels, and health status of current workers and officials.

When setting labor targets and staffing quotas for enterprises and agencies, they must fully calculate the number of production workers (production workers, technical staff, administrative management staff, miscellaneous staff, etc.) and non-production workers (repair staff for employee housing, transportation staff, medical staff, service staff at public welfare, cultural, educational establishments, etc.), including both permanent and temporary workers, as well as those funded from the state salary fund and those funded from the funds of various organizations.

Labor targets and staffing quotas must be balanced and aligned with salary fund targets; all expenses to pay salaries to workers and employees can only be covered by the salary fund as prescribed by the Government. Enterprises and agencies must not use other funds, such as circulation costs, raw material costs, public service costs, etc., to hire additional personnel beyond the labor targets and staffing quotas determined by the Government.

To ensure strict compliance with labor targets and salary fund targets set by the Government for each enterprise and agency, relevant ministries, sectors, and administrative committees of provinces, cities, and districts need to guide and supervise the enterprises and agencies under their management to fully implement Decree No. 14-CP dated February 1, 1961 of the Council of Ministers on the composition of the salary fund and Circulars No. 30-TTg dated April 24, 1963, No. 34-TTg dated April 26, 1963, and No. 6-TTg dated May 7, 1963 of the Prime Minister on the management and control of salary funds in production, non-production, and basic construction areas.

2. Regarding recruitment methods, according to the regulations stipulated, from now on, there will be two forms unified:

a) Recruitment of permanent workers and officials (those we have traditionally referred to as regular forces or within the establishment) includes individuals hired by enterprises and state agencies to perform long-term jobs without fixed working periods, managed, utilized, and mobilized by the State according to production and work requirements.

b) Recruitment of temporary workers and officials (those we have traditionally referred to as contractual temporary workers or short-term hires) includes individuals hired under time-limited contracts to perform temporary, seasonal, or emergency tasks for a specific period, and who cease employment upon completion of the work.

(The regulations of the Council of Ministers and this circular stipulate and guide the recruitment of permanent workers and officials. To have a basis for recruiting the number of permanent workers and officials and the number of temporary workers and officials for each enterprise and agency, relevant ministries, sectors, and local administrative committees need to base their decisions on production and work needs, labor targets, and staffing quotas assigned by the Government, taking into account the situation of the labor source and the ease or difficulty of recruitment in different regions to determine the absolute number or ratio of permanent and temporary workers and officials for each enterprise and agency appropriately. Before officially assigning the number of permanent and temporary workers and officials to enterprises and agencies, relevant ministries, sectors, and local administrative committees need to reach a consensus with the State Planning Commission, the Ministry of Labor (if it pertains to the production sector), and the Ministry of Home Affairs (if it pertains to the administrative and public service sector).

Currently, in state enterprises and agencies, there are still many people who have not been officially recruited as permanent workers and officials. Relevant supervisory sectors and enterprises and agencies need to base their decisions on labor targets, staffing quotas, production and work needs, and characteristics to clearly identify which are permanent workers and officials and which are temporary workers and officials. On this basis, they should organize labor and decide to officially recruit those who meet the conditions as permanent workers and officials, while simultaneously signing new labor contracts (if not yet signed) with those performing temporary tasks, or dismissing them if the enterprise or agency no longer requires their services. Enterprises and agencies need to further promote organizational improvements, work practices, and technological advancements in conjunction with the "three constructions, three oppositions" movement to stabilize organization and staffing, while actively addressing surplus personnel according to current policies and guidelines.

B. Recruitment Targets:

Article 2 of the regulations stipulates: in recruitment, first priority should be given to graduates from specialized training schools and technical staff of the State. Such a provision aims to ensure that the workforce of State employees is strong, capable of meeting the increasing demands of production and work. Therefore, sectors must have plans for training cadres and workers to match the requirements of production and work plans.

In addition to the above targets, those who have worked under contract systems in enterprises and agencies may also be considered for permanent employment if they meet the conditions and obtain the agreement of the Ministry of Labor (if under the central plan) or the labor department (if under the local plan). For now, those who have worked long-term under contract or temporary recruitment systems and have become proficient in their jobs need to be considered for permanent employment as part of the workforce.

When enterprises and agencies need to recruit people from outside society, they must have a plan to request supply and must be coordinated with the Ministry of Labor (if under the central plan) or the labor department (if under the local plan) for allocation and supply.

C. Conditions for applicants seeking recruitment

When enterprises and agencies recruit personnel, they must ensure the conditions prescribed in Article 3 of the regulations without making exceptions. Specifically, for ethnic minority applicants, educational qualifications may be relaxed. The regulations do not set a maximum age limit for applicants; anyone still within the working age range, in good health, and meeting other conditions necessary to fulfill the production and work requirements of the enterprise or agency can be considered for recruitment. For industries or professions requiring recruitment of individuals under 18 years old, such as performing arts or special tasks, approval from the Ministry of Labor (for the production sector) or the Ministry of Interior (for the administrative and public service sector) is required, provided that the individual has parental consent and meets health standards. Those recruited through contracts or temporary positions for long-term employment as workers or officials must also meet the prescribed conditions, but enterprises and agencies should consider them flexibly based on their work performance, avoiding rigid adherence to all conditions as if they were new recruits. Generally, re-examinations for health are unnecessary, but in cases where necessary, enterprises and agencies should organize health checks for those frequently ill or suspected of having chronic diseases.

According to Article 5 of the regulations, enterprises and agencies shall not assign relatives such as spouses, siblings, or children to positions where one's duties involve supervising the other. This regulation primarily applies to departments responsible for managing state funds, assets, and materials, aiming to prevent abuse and corruption.

The documents that applicants must submit to enterprises and agencies include:

According to Article 6 of the regulations, applicants must submit the following documents to enterprises and agencies:

a) An application for recruitment (attached form);

b) A certified personal history statement from the People's Committee of the commune, ward, or town (attached form);

c) A health certificate issued by a state doctor or physician (as prescribed by the Ministry of Health);

d) Certificates of educational, technical, and vocational qualifications if the job requires proof of sufficient capability to perform the assigned tasks.

Graduates from cadre and worker training schools only need to submit an application for recruitment and a health certificate, while other documents will be transferred by the school or class to the recruiting enterprise or agency (if available).

For those who have been working for a long time and are being considered for formal recruitment, enterprises and agencies should review the documents submitted when they first started working. If any documents are missing or invalid, they should be supplemented or replaced, without requiring the applicant to provide entirely new documents.

For those who previously left their jobs and are now being considered for re-recruitment, if they have a labor book or valid old files, they only need to submit an application for recruitment and a health certificate.

In addition to the above documents, if any ministry or sector requires additional documents for recruitment, it must negotiate with the Ministry of Labor (for the production sector) or the Ministry of Interior (for the administrative and public service sector).

E. Background checks and political reviews for applicants:

In the recruitment process, background checks and political reviews are crucial to ensure the purity of the State's workforce. Therefore, enterprises and agencies should not rely solely on the applicant's file but must also collaborate with relevant authorities to thoroughly investigate the background, especially the political history. If enterprises and agencies have not conducted background checks and political reviews, they should not recruit until these processes are completed, avoiding situations where hiring occurs before thorough investigations, leading to extended probation periods.

For those who have worked long-term under contract or temporary recruitment systems, a thorough background check and political review must be conducted before considering formal recruitment. Based on clear and complete background files, enterprises and agencies should formally recruit or dismiss those who do not meet the conditions, avoiding prolonged use of individuals whose backgrounds or political histories are unclear or questionable.

G. Probation and trial work:

According to Article 8 of the regulations, before formal recruitment, applicants must undergo a probationary period or trial work.

According to Article 8 of the Charter, before being officially recruited, applicants must undergo a probationary period or trial work.

a) There needs to be an internship period for graduates to apply their acquired knowledge in practice, continue to improve their professional skills, technical expertise, and vocational training, and to cultivate their service attitude, organizational discipline awareness, mass viewpoint, and work style. On the other hand, enterprises and agencies have time to review additional conditions to decide on formal recruitment or non-recruitment, and to arrange job assignments suitable to their capabilities. The duration and internship regulations for each type of graduate shall be implemented according to current documents (if later found to be unreasonable, the relevant ministries will issue circulars to amend them appropriately).

b) There needs to be a trial period for those who have not attended training schools to primarily test their abilities while also reviewing their service attitude and organizational discipline awareness. This allows enterprises and agencies to decide on formal recruitment or non-recruitment. Additionally, it enables enterprises and agencies to assign tasks appropriate to their levels and capabilities.

Generally, the trial period does not exceed thirty days and is specified as follows:

- For individuals who previously left their jobs for valid reasons (as stipulated in Articles 13 and 16 of the Resignation Chapter), those currently working under temporary contracts at enterprises and agencies may be exempt from the trial period.

- For individuals recruited to perform simple tasks that do not require technical skills such as nursing aides, janitors, childcare workers, etc., the trial period should not exceed fifteen days.

- For individuals recruited to perform tasks with professional and technical nature such as technical workers, clerks, typists, nurses, accountants, etc., the trial period should not exceed thirty days.

Enterprises and agencies are not allowed to arbitrarily extend the trial period or change the agreed-upon job requirements with the applicant during the trial period. Upon completion of the trial period, the enterprise or agency head must discuss with the Trade Union Executive Board to decide on formal recruitment or non-recruitment.

State employees must be issued labor books within one month after formal recruitment.

Individuals who do not meet the conditions for formal recruitment after the internship or trial period shall be provided with travel expenses to return to their place of residence before being recruited.

c) For those who have worked long-term under contract at enterprises and agencies and meet the conditions for formal recruitment, they do not need to go through a trial period. When making the decision for formal recruitment, enterprises and agencies must follow the prescribed procedures and complete all necessary documentation. Although they are recognized as state employees from the date of the recruitment decision, their continuous work period is calculated for social insurance benefits from the date of their recruitment into the enterprise or agency (according to Point 15 of Circular No. 9-TT-LB dated February 17, 1962, jointly issued by the Ministries of Labor and Interior, detailing specific regulations on calculating the work period of state employees).

III. RESIGNATION

A. Forms and Circumstances of Resignation for State Employees.

According to the provisions of Articles 13, 14, 15, and 16 of the Regulations, there are four forms of resignation for state employees:

1. State employees may request resignation due to necessary and legitimate reasons:

a) State employees may request resignation to attend training schools for cadre and worker education according to their own wishes. (If state employees are sent by enterprises or agencies to study, it is not considered resignation).

b) State employees may request resignation when encountering personal difficulties such as family hardships or private life issues that they have tried to overcome and the enterprise or agency has taken measures to assist but still cannot resolve, for example, a spouse or parent being seriously ill or elderly parents lacking care.

When considering state employees' resignation requests, the enterprise or agency head must carefully consider, consult, and reach consensus with the Trade Union Executive Board to resolve in accordance with the common interests of the State and the individual's interests, and must respond to the employee within thirty days. If the enterprise or agency fails to respond within thirty days, the state employee has the right to resign, and the enterprise or agency is responsible for settling the employee's rights. Within thirty days, if the enterprise or agency has not made a decision on resignation, the state employee may withdraw their resignation request.

The thirty-day provision is set to allow enterprises and agencies sufficient time to review and consider the matter, prepare replacements, and avoid disrupting production and operations. It also gives state employees time to reconsider their resignation request.

In cases where state employees leave without permission, this constitutes a violation of labor discipline and does not fall under the above circumstances.

2. State employees are forced to resign due to criminal offenses resulting in imprisonment by the court.

a) When state employees are imprisoned for crimes related to their work at the enterprise or agency, such as causing significant waste due to lack of responsibility, serious embezzlement, failure to comply with production and work regulations leading to substantial property damage or death, regardless of the length of imprisonment, these employees are forced to resign.

b) When state employees are sentenced to more than six months in prison for crimes unrelated to their work, such as violations of marriage and family laws, murder, theft, etc., or are sentenced to less than six months (six months or less) for unrelated crimes accompanied by deprivation of civil rights or prohibition from practicing their profession for a certain period, they are also forced to resign.

Workers and officials who commit crimes unrelated to their work duties and are only sentenced to imprisonment for up to six months shall not be dismissed. After completing their imprisonment period, workers and officials may return to the enterprise or agency to continue working according to the production and work requirements at that time.

During the imprisonment period of workers and officials, enterprises and agencies may recruit personnel under a fixed-term contract to replace them.

Workers and officials who are dismissed due to being sentenced to imprisonment for less than six months (up to six months for crimes unrelated to their work duties and accompanied by a court prohibition from engaging in their previous profession for a certain period) may apply for rehire in another enterprise or agency to engage in a different profession they know after serving their sentence. For example, a worker who drives a car, gets drunk, and assaults someone outside of working hours, is sentenced to five months' imprisonment and prohibited from driving for two years. If this person also knows how to repair cars or machine tools, upon completion of the sentence, they may apply to be hired in another enterprise to work on car repairs or machining if they meet the conditions.

Workers and officials subject to suspended sentences shall not be dismissed. In cases where workers and officials commit new crimes and are temporarily detained by the court before sentencing, enterprises and agencies shall not dismiss them. In special cases, where administrative disciplinary violations by the individual are clearly evident and there is sufficient evidence to conclude, the Disciplinary Council of the enterprise or agency may examine and propose to the head of the enterprise or agency or the competent authority to decide on dismissal before the court's sentencing. When enterprises and agencies consider dismissing workers and officials in such cases, they must be extremely cautious and closely coordinate with the court to resolve matters promptly and in accordance with policy.

3. Enterprises and agencies have the right to dismiss workers and officials for serious breaches of labor discipline or other serious mistakes:

a) When workers and officials seriously violate labor discipline, such as frequently failing to complete tasks without justifiable reasons, lacking responsibility leading to waste of public funds and manpower, systematic embezzlement of public assets, failure to maintain state secrets, etc., or when they commit other serious mistakes related to revolutionary moral qualities, such as non-compliance with state policies and laws, theft, assault, etc., enterprises and agencies have the right to dismiss them.

b) Compliance with job assignments by enterprises and state agencies is the duty of workers and officials. If workers and officials intentionally fail to execute job assignment decisions, causing difficulties for production and work, enterprises and agencies have the right to dismiss them. Naturally, when considering job assignments, the heads of enterprises and agencies should carefully consider the specific circumstances of workers and officials to make reasonable job assignments when possible.

c) Workers and officials must be responsible to enterprises, agencies, and the law for the documents submitted during their application process. If workers and officials falsify or misrepresent information, such as creating fake diplomas, inaccurately reporting work history, political affiliations, etc., enterprises and agencies have the right to dismiss them. If the falsification of documents is serious, such as forging signatures, making false seals of enterprises, state agencies, or producing false documents to secure employment, then not only can enterprises and agencies dismiss them, but they may also face prosecution.

Generally, when workers and officials make mistakes, enterprises and agencies need to carefully consider the circumstances, motives, purposes, and consequences to handle the situation appropriately. Therefore, in some cases, even if workers and officials repeatedly fail to correct their mistakes despite multiple educational measures (such as criticism, reprimands, warnings, demotions), they may still not be dismissed; however, in other cases, workers and officials may be immediately dismissed for their first serious mistake.

If it is determined that the mistake of a worker or official is serious enough to warrant dismissal, the head of the enterprise or agency must submit the case to the Disciplinary Council of the enterprise or agency for examination and recommendation to the management body overseeing workers and officials to make a decision. The composition and procedures of the Disciplinary Council follow current regulations.

During the review and examination of the mistakes of workers and officials to submit to the Disciplinary Council of the enterprise or agency, opinions from the Labor Department and the Cadre Management Department of the Administrative Committee or the higher-level management agency should be sought to ensure that the decision to dismiss workers and officials complies with state policy and regulations.

When dismissing workers and officials, enterprises and agencies must report to the local Administrative Committee and the higher-level management agency. The local Administrative Committee or the higher-level management agency may instruct enterprises and agencies to reconsider or revoke the decision to dismiss workers and officials if deemed inappropriate.

Workers and officials dismissed due to disciplinary actions, if they show clear progress over a period of time and are confirmed by local authorities, may apply for reemployment in enterprises or agencies.

4. Workers and officials are dismissed when enterprises or agencies are dissolved or reduce staff and cannot be reassigned elsewhere:

When enterprises or agencies encounter special circumstances such as changes in production plans, lack of raw materials for production, functions and tasks no longer being suitable, etc., they must be dissolved or reduce their staff. In such cases, enterprises and agencies must promptly report the number of surplus workers and officials that they cannot resolve to the administrative committees of regions, provinces, cities, or relevant ministries and sectors to plan adjustments for those enterprises, agencies, or localities lacking personnel. To avoid expenses for the State and difficulties in work and family life for workers and officials, adjustments should first be made within the locality. If the locality cannot make adjustments or if it is necessary to rationally utilize the capabilities of workers and officials, adjustments should be made within the sector. If the locality and sector cannot adjust all surplus workers and officials, the ministries, sectors, and localities must promptly report to the Ministry of Labor and the Ministry of Interior for adjustments according to the requirements of sectors and localities needing personnel. For young workers and officials, sectors and localities may arrange for them to attend training schools or classes for cadres and workers if they meet the conditions.

In cases where surplus workers and officials cannot be adjusted to their original industries or professions, they should be transferred to other production sectors or relocated for land reclamation according to the direction of the Government.

After enterprises and agencies, as well as local administrative committees, have taken all measures but still cannot adjust due to workers and officials not meeting the conditions or because the workers and officials themselves do not want to move, enterprises and agencies shall allow workers and officials to leave their jobs. In this case, enterprises and agencies must report and obtain the agreement of the administrative committee of the region, province, or city, while also coordinating with the Trade Union Committee of the enterprise or agency to properly conduct ideological work for workers and officials.

Within the scope of its responsibilities, the administrative committee of the region, province, or city has the duty to lead and guide enterprises and agencies in implementing adjustment directions and ensuring dismissal benefits for workers and officials. At the same time, it must take measures to guide and assist workers and officials after dismissal to find employment. To avoid waste for the State and to give workers and officials time to arrange personal matters and prepare for finding employment, enterprises and agencies must notify workers and officials at least 30 days in advance when dismissing them under these circumstances. Within the 30-day period, enterprises and agencies must complete all procedures, issue certificates, and settle all entitlements for workers and officials.

B. Record the reasons for dismissal of workers and officials:

According to Article 18 of the regulations, workers and officials who are dismissed are entitled to receive their labor books and certificates of dismissal, therefore, enterprises and agencies must clearly and accurately record the reasons for dismissal of workers and officials as stipulated in the regulations to help them obtain the necessary documents when applying for reemployment in state enterprises or agencies.

The head of the enterprise or agency's comments recorded in the labor book or certificate of dismissal of workers and officials must be appropriate and accurate, serving to motivate, educate, and assist the individual in progressing. Therefore, the content of the comments should only include information about the level, capability, strengths, and weaknesses regarding work attitude and organizational discipline of the individual (if there are rewards or punishments, they should be noted additionally). When making comments, there must be a consensus between the head of the enterprise or agency and the Trade Union Committee; points on which both sides do not agree should not be recorded in the labor book or certificate of dismissal. (Past shortcomings or disciplinary actions that have been corrected should not be recorded or should be noted as having been corrected, if these were previously recorded in the personnel file or labor book). Before recording the assessment in the certificate of dismissal, the head of the agency should inform the individual of his opinions.

IV. RESPONSIBILITIES OF STATE ENTERPRISES AND AGENCIES IN IMPLEMENTING THE RECRUITMENT AND DISMISSAL REGIME FOR STATE WORKERS AND OFFICIALS, PROCEDURES FOR RESOLVING COMPLAINTS AND REPORTS REGARDING RECRUITMENT AND DISMISSAL.

A. Responsibilities of state enterprises and agencies:

According to Articles 19 and 21 of the regulations, the decision on recruitment and dismissal, guidance, and supervision of the implementation of the recruitment and dismissal regime for state workers and officials in enterprises and agencies under various sectors and localities is the responsibility of the Ministers of Ministries, Heads of agencies equivalent to ministries, agencies directly under the Council of Ministers, and administrative committees of regions, provinces, and centrally governed cities. As for the decision on recruitment and dismissal for specific cases, it must be carried out according to the management hierarchy of workers and officials. Thus, directors of bureaus, institute directors, department heads, factory managers, etc., have the authority to decide on recruitment and dismissal for workers and officials under their management, after obtaining the opinion of the head of the agency they belong to. For example, if the Minister delegates management authority over cadres from grade 1 or intermediate technical staff downwards to the Bureau Director, then the Bureau Director can make decisions on recruitment or dismissal for these positions. Or if the Minister or the administrative committee of the region, province, or city delegates management authority over workers up to grade 3 downwards to the Factory Manager, then the Factory Manager can make decisions on recruitment or dismissal for these individuals.

The Ministers, Heads of agencies equivalent to ministries, agencies directly under the Council of Ministers, and administrative committees of regions, provinces, and centrally governed cities will revoke decisions on recruitment or dismissal that violate principles and policies, and the head of the agency making such decisions in these cases will bear full responsibility.

To implement this matter effectively, ministries, sectors, administrative committees of regions, provinces, and cities need to base on the current central cadre management system to promote the delegation of management authority over cadres, workers, and civil servants so that enterprises and subordinate agencies have grounds to act within their functions and powers. The delegation of management authority for hiring and dismissing workers and civil servants must be strictly regulated to prevent arbitrary hiring and dismissal as occurred previously. Delegation of management authority to lower levels must go hand in hand with strict oversight from higher levels, as ministries, sectors, and administrative committees of regions, provinces, and cities need to establish monthly and annual reporting systems for enterprises and agencies regarding the situation of hiring and dismissing workers and civil servants; at the same time, they need to organize inspection campaigns on the implementation of hiring and dismissal regulations for workers and civil servants in enterprises and agencies to grasp the situation and promptly correct any deficiencies. On the other hand, to assist the inter-ministerial bodies in monitoring the situation, ministries, sectors, and administrative committees of regions, provinces, and cities are required to report quarterly and annually on the situation of hiring and dismissing workers and civil servants in their respective fields and localities to the Ministry of Labor (if in the production sector) and the Ministry of Home Affairs (if in the administrative and public service sector) according to the attached reporting form. Labor agencies and personnel organizations have the responsibility to assist regional, provincial, and city administrative committees in performing tasks (as stipulated in the Regulations for administrative committees), specifically:

- Labor agencies have the responsibility to assist administrative committees in managing and regulating the supply of labor for enterprises and agencies under both central and local plans, guiding and supervising compliance with hiring and dismissal regulations for state workers and civil servants in production facilities, business and trade establishments, transportation, postal services, and service enterprises including those managed by the central government.

- Personnel organizations have the responsibility to assist administrative committees in managing and regulating the supply of cadres for local enterprises and agencies, guiding and supervising compliance with hiring and dismissal regulations for state workers and civil servants in administrative and public service agencies (under local management).

B/ PROCEDURE FOR HANDLING COMPLAINTS AND REPORTS

According to Articles 22 and 23 of the Workers and Civil Servants Regulation, workers and civil servants have the right to complain and report to enterprises, agencies, and competent superior authorities if they find that enterprises or agencies are implementing hiring and dismissal regulations for themselves or others incorrectly according to state provisions. Enterprises and agencies have the responsibility to examine and resolve complaints and reports promptly or refer them to superior authorities for resolution (if they lack jurisdiction); however, complaints and reports about hiring and dismissal of workers and civil servants shall be handled according to Circular No. 436-TTg dated September 13, 1958, issued by the Prime Minister.

When enterprises and agencies handle complaints and reports from workers and civil servants, as well as when deciding to dismiss workers and civil servants for violating labor discipline or due to enterprise or agency dissolution or reduction in staffing, such decisions must be agreed upon by the Enterprise or Agency Trade Union Executive Committee.

In cases where the two parties cannot reach an agreement, the decision of the enterprise or agency head may be temporarily implemented but both parties must promptly report to their superior authorities for resolution.

The superior authorities of the two parties have the responsibility to promptly exchange opinions and resolve the issue for enterprises and agencies to implement. If the superior authority disagrees with the decision to dismiss workers and civil servants made by the enterprise or agency head, the enterprise or agency has the responsibility to revoke the decision, rehire the workers and civil servants, and handle wages during the temporary dismissal period according to the current regulations.

V. SCOPE OF IMPLEMENTATION

The Government Charter and this Circular apply to individuals who engage in long-term work at enterprises, construction sites, agricultural farms, forestry farms, schools, hospitals, state agencies, joint public-private enterprises, and local industrial enterprises with labor plans and wages recorded in the state plan, including those who engage in long-term work at people's organization agencies.

For individuals working under fixed-term contracts, Circular No. 21 dated November 8, 1961 of the Ministry of Labor shall be applied. Elected civil servants operating in people's representative bodies and members of the executive boards of people's organizations who work on a full-time basis are not within the scope of application of this Charter and Circular.

Any previous regulations issued by the Ministry of Labor in Circulars No. 13 dated November 8, 1956 and No. 2 dated February 12, 1962; by the Ministry of Home Affairs in Circulars No. 31 and No. 32 dated July 1, 1959, and other documents from various ministries, administrative committees of regions, provinces, and cities that conflict with the Government Charter and this Joint Circular of the Ministries shall be abolished.

The recruitment and dismissal regulations for state employees have significant political and economic implications. Therefore, ministries, sectors, and administrative committees of regions, provinces, and cities need to coordinate with the corresponding trade unions to disseminate and ensure the understanding and implementation of the Government Charter and the guiding circular of the Joint Ministries among heads of enterprises and agencies and union cadres; at the same time, they should develop specific guidance plans for enterprises and agencies under their management to implement these regulations. Enterprises and agencies need to cooperate with trade unions to disseminate the charter and circular down to each worker and employee, emphasizing ideological education so that everyone understands the spirit of the charter; based on this, they should enhance a sense of ownership, organizational discipline, and awareness of their rights and responsibilities, thereby stimulating enthusiasm for production and work to exceed state plans. Additionally, ministries, sectors, and administrative committees of regions, provinces, and cities must pay attention to directing and reviewing the implementation, especially the recruitment of individuals who have worked for many years under contract or temporary hiring in current state enterprises and agencies.

To ensure that the recruitment and dismissal of state workers and officials proceed in an orderly manner according to state policies and regulations, the Joint Ministries request that all ministries, sectors, and levels strive to disseminate the Government Charter and the Joint Ministries' circular to workers and officials by October 1963, and upon completion, report the results to the Joint Ministries.

During the implementation process, if ministries, sectors, and localities encounter any difficulties or issues, they are requested to report them to the Joint Ministry of Labor - Home Affairs for resolution./.

DUTY POWER September 6, 1963