Decree No. 71/2003/NĐ-CP On the Delegation of Administrative and Public Service Staffing Management

 DECREE

On the delegation of administrative staff establishment management, public service establishments

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Servant Ordinance dated February 26, 1998 and the Ordinance Amending and Supplementing Certain Articles of the Civil Servant Ordinance dated April 29, 2003;

At the request of the Minister of Home Affairs,

DECREE:

Chapter 1 :
GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates the delegation of administrative staff establishment management for public service establishments concerning ministries, ministerial-level agencies, government agencies (hereinafter referred to collectively as ministries and sectors) and People's Councils, People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial People's Councils and People's Committees). administrative staffing management for state agencies and public service organizations 1. Administrative establishment is the number of persons recruited or appointed to a civil servant rank or assigned to hold a permanent public office in organizations assisting ministers, heads of ministerial-level agencies, heads of government agencies, provincial People's Councils and People's Committees, and district-level People's Councils and People's Committees (hereinafter referred to collectively as district-level People's Councils and People's Committees) to perform state administrative management functions, tasks, and powers assigned to them.

Article 2. In this Decree, the following terms are understood as follows:

2. Public service establishment is the number of persons recruited or appointed to a civil servant rank or assigned to hold a permanent position in state public service units in education and training, science, health, culture, arts, sports, and other public service units established by authorized agencies to serve state management tasks or to provide certain public services as prescribed by law for ministries, ministerial-level agencies, government agencies, and provincial People's Councils and People's Committees.

3. Delegation of establishment management is the assignment of responsibilities, authorities, and liabilities regarding establishment management to ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial People's Committees based on their functions, tasks, authorities, and annual state budget capacity of ministries, sectors, and localities.

Objectives of delegating establishment management

Article 3. 1. To enhance responsibility and promote the initiative of ministries, sectors, localities, and state public service units in managing administrative and public service establishments.

2. To create conditions for administrative agencies and state public service units to effectively carry out financial management, organizational structure, establishment, and personnel policies.

Principles for implementing the delegation of establishment management

Article 4. 1. To ensure unified and strict leadership and guidance in managing establishment for state administrative agencies.

2. The delegation of establishment management must be consistent with the delegation of budget management as prescribed by the State Budget Law; establishment quotas must be appropriate to the functions, tasks, and actual workload and scale of work assigned, and within the permissible capacity of the state budget.

3. To comply with legal provisions on establishment quotas and structures; to manage and use establishment indices economically; to implement personnel policies.

4. The delegation of establishment management is linked to strengthening the responsibility of supervisory agencies in inspection and supervision.

5. To implement transparency and democracy in the use and management of establishment according to legal provisions.

CONTENTS, BASIS, AND REQUIREMENTS OF THE ESTABLISHMENT PLAN

Chapter 2:
Contents of the establishment plan include:

Article 5. 1. The bases and requirements for developing the administrative and public service establishment plan.

2. Statistics, compilation, reporting, and evaluation of the results of establishment management from the previous year within the scope of management of ministries, sectors, and localities.

3. Development of the administrative and public service establishment plan for ministries, sectors, and localities, and the salary budget consistent with the establishment plan and current salary policy.

Basis for developing the annual establishment plan

Article 6. 1. The economic and social development tasks of the planning year and specific indicators reflecting the scale of tasks, geographical characteristics, population, and implementation conditions.

2. Functions, tasks of each agency, unit, organization; plans for arranging human resources, restructuring administrative agencies, and public service units under their management.

3. Local budget capacity; operating funds of ministries, sectors approved annually by competent state agencies.

4. Establishment quotas issued by competent state management agencies.

5. Plans for implementing socialization activities in certain public service fields such as education and training, health, culture, information, sports, scientific research, and other public services.

6. Quality of existing cadres, civil servants, and public servants and projected sources of replacement cadres, civil servants, and public servants.

Requirements for developing the annual establishment plan of ministries, sectors, and localities

Article 7. 1. The establishment plan reflects the use of establishment for subordinate units and clearly defines establishment by areas: administrative management, education and training, health, culture, information, sports, scientific research, and other public services.

2. The establishment plan must be accompanied by a detailed explanatory report on the basis, calculation criteria, quantity, and structure of establishment of subordinate units and the operating fund budget as prescribed in Article 6 of this Decree, model forms, and timeframes for establishing the establishment plan as guided by competent agencies.

3. Establishment allocation can only be implemented for agencies, units, and organizations that have been established by competent state agencies.

DELEGATION OF ESTABLISHMENT MANAGEMENT

Chapter 3:
Authority for establishment management

Article 8. 1. The Government approves the total establishment of central state administrative agencies; sets administrative and public service establishment quotas for people's committees.

2. The Prime Minister decides on the establishment quota for each ministry, ministerial-level agency, government agency, and public service establishment quota at the central level.

3. The Minister of Home Affairs assists the Government in uniformly managing administrative and public service establishment under the Government's authority nationwide.

4. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial People's Committees manage establishment in their respective ministries, sectors, and localities as prescribed in this Decree.

4. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial People's Committees shall manage staffing within their respective ministries, sectors, and localities under the provisions of this Decree.

Article 9. Duties, powers, and responsibilities of the Minister, Head of a ministry-level agency, and Head of a government agency

1. Chair and coordinate with relevant ministries, ministry-level agencies, and government agencies to build and propose to the competent state management agency to establish new staffing norms and amend and supplement current staffing norms according to the professional expertise of the sector or field under their responsibility for nationwide application.

2. Direct and guide subordinate units to develop staffing plans in accordance with Articles 5, 6, and 7 of this Decree.

3. Review administrative staffing and public service staffing of subordinate units; develop staffing plans for their ministry or sector to send to the Ministry of Home Affairs for consolidation and submission to the Prime Minister.

4. Decide on the allocation and management of administrative staffing and public service staffing quotas for subordinate units.

5. Decide on public service staffing quotas for areas within their management scope that have staffing norms; guide the implementation of public service staffing norms and direct the implementation of self-management and financial accountability mechanisms, organizational structures, and staffing for public service units in accordance with the law.

6. Propose the competent authority to decide on public service staffing quotas for areas without staffing norms established by their ministry or sector.

7. Implement annual statistical reporting systems on staffing implementation in accordance with the guidelines of the Ministry of Home Affairs.

8. Guide, inspect, and supervise subordinate units in compliance with staffing management regulations.

9. Resolve complaints and handle violations of staffing management within their jurisdiction in accordance with the law on complaints and denunciations.

Article 10. Duties, powers, and responsibilities of the Chairman of the People's Committee at the provincial level

1. Direct and guide subordinate units and district-level People's Committees to develop staffing plans in accordance with Articles 5, 6, and 7 of this Decree.

2. Organize the review of staffing of subordinate units and district-level People's Committees; consolidate and develop the total staffing plan for the locality.

3. Submit to the Provincial People's Council for approval:

Approval of the annual administrative and public service staffing totals for the locality to fulfill state management tasks and socio-economic development based on staffing norms issued by the competent state agency and the annual budget capacity of the locality.

4. Decide on the allocation of administrative staffing quotas for subordinate units and district-level People's Committees.

5. Guide the implementation of public service staffing norms and direct and inspect the implementation of self-management and financial accountability mechanisms, organizational structures, and staffing for public service units in accordance with the law.

6. Implement annual statistical reporting systems on staffing implementation in accordance with the guidelines of the Ministry of Home Affairs.

7. Guide, inspect, and supervise subordinate units and district-level People's Committees on staffing management.

8. Resolve complaints and handle violations of staffing management within their jurisdiction in accordance with the law on complaints and denunciations.

Article 11. Duties, powers, and responsibilities of the Minister of Home Affairs

1. Submit to the Government the total administrative staffing of central state administrative agencies and the establishment of staffing norms for administrative and public service positions under People's Committees, and the management mechanism for public service staffing for state-owned public service units.

2. Submit to the Prime Minister the annual administrative staffing quotas for each ministry, ministry-level agency, and government agency, and the establishment of staffing norms in central state-owned public service units.

Direct, guide, inspect, and be responsible for organizing the implementation after approval by the Government and the Prime Minister.

3. Delegate, under the authority of the Prime Minister, administrative staffing quotas to each ministry, ministry-level agency, and government agency; delegate public service staffing quotas for areas without staffing norms established by these agencies.

4. Issue staffing norms based on professional expertise of each sector or field, upon proposal by ministries and sectors, for nationwide application, under the authority of the Prime Minister.

5. Consolidate annual administrative and public service staffing of state agencies.

6. Organize the implementation of administrative and public service staffing statistics nationwide; report annually to the Prime Minister.

7. Inspect and supervise the implementation of staffing management and usage by ministries, sectors, and localities in accordance with this Decree and other related laws.

8. Resolve complaints and handle violations of staffing management within their jurisdiction in accordance with the law on complaints and denunciations.

Article 12. Duties, powers, and responsibilities of the Minister of Finance

1. Guide the allocation of the budget for public service staffing: education and training, health, culture and information, sports, scientific research, and other public services; the budget allocation norm for administrative management for ministries, ministry-level agencies, government agencies, and provincial-level People's Committees.

2. Participate with the Minister of Home Affairs in establishing and implementing staffing norms proposed by ministries and sectors to ensure alignment with budget allocation norms and capacity.

Chapter 4:
REWARD AND VIOLATION HANDLING

Article 13. Awards

Organizations and individuals who achieve success in staffing management shall be rewarded in accordance with the Ordinance on Cadres and Civil Servants and shall implement current legal provisions encouraging the conservation of staffing resources.

Article 14. Handling Violations

Those responsible for violating the provisions of this Decree during the execution of staffing management duties will be subject to disciplinary action depending on the nature and severity of the violation, and must compensate for any losses incurred in accordance with the law.

Chapter 5:
IMPLEMENTING PROVISIONS

Article 15. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations on staffing management that conflict with this Decree are no longer effective.

Article 16. Responsibility for Implementation

The Minister of Home Affairs is responsible for guiding and supervising the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.