Decision No. 73/2001/QĐ-BNN on the issuance of regulations on the分级管理干部

Pursuant to …;

REGARDING THE ISSUANCE OF REGULATIONS ON THE GRADATION OF MANAGEMENT OF STAFF 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decision No. 49-QĐ/TW dated May 3, 1999 of the Politburo on the Gradation of Management of Staff; Directive No. 11HD/TCTW dated December 29, 1999 and Circular No. 218 CV/TCTW dated June 27, 2001 of the Party Cadre and Civil Servant Committee agreeing with the Party Cadre and Civil Servant Board of the Ministry of Agriculture and Rural Development to issue regulations on the gradation of management of staff;
Pursuant to the Law on Cadres and Civil Servants No. 01/1998/PL-UBTVQH10 dated February 26, 1998 of the Standing Committee of the National Assembly;
Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Notification No. 16 BCS/TB dated March 7, 2001 of the Party Cadre and Civil Servant Board of the Ministry of Agriculture and Rural Development regarding the Resolution of the March 2001 meeting;
To strengthen the responsibility of the Minister and heads of agencies and units under the Ministry to ensure the implementation of cadre work in accordance with the policies and guidelines stipulated by the Party and the State;
These regulations are hereby promulgated along with this Decision "Regulations on the Transfer, Rotation, and Temporary Assignment of Officials and Civil Servants of the Government Inspectorate."

DECISION:

Article 1. Issuing regulations on the gradation of management of staff in agencies and units under the Ministry of Agriculture and Rural Development.

Article 2. This Decision shall take effect fifteen days from the date of signature. All previous regulations on the gradation of management of staff that conflict with this Decision shall be abolished.

Article 3. The Head of the Ministry's Office, Heads of the Cadre and Civil Servant Department, and Heads of agencies and units under the Ministry shall be responsible for implementing this Decision./.

 

REGULATIONS

ON THE GRADATION OF MANAGEMENT OF STAFF IN AGENCIES AND UNITS UNDER THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT.
(Issued pursuant to Decision No. 73/2001/QĐ-BNN-TCCB dated July 9, 2001)

Chapter 1:

GENERAL PROVISIONS

Article 1. Principles of staff management.

Ensuring principles of staff management as prescribed by the Politburo:

1. The Party exercises unified leadership over cadre work and the management of the cadre corps.

1.1 The Party Cadre and Civil Servant Board of the Ministry exercises unified leadership over cadre work through the respective levels of the Party committees and the leadership collectives of units under the Ministry to lead and organize the implementation of the Party's decisions on cadres and cadre work.

1.2 Based on the resolutions of the Party committee at the same level and the opinions of the higher-level Party organization, the level managing the cadres has the right and is responsible for fully implementing the contents of staff management as stipulated in Article 3.

2. Implementing the principle of democratic centralism, collective decision-making goes hand in hand with the full assumption of individual responsibility in cadre management work.

2.1 The Party Cadre and Civil Servant Board of the Ministry leads and ensures the right of the Minister (hereinafter referred to as the Ministry) to make decisions on cadre work and the management of the cadre corps, and the gradation of cadre management in agencies and units (collectively referred to as units) according to the regulations of the Party Cadre and Civil Servant Board of the Ministry and the Ministry.

2.2 The leadership collective decides on the selection, evaluation, placement, planning, training, appointment, reappointment, dismissal, rotation, commendation, and disciplinary action of cadres.

2.3 The leadership collective of the Ministry consists of the Minister and Deputy Ministers. The Minister and the leadership collective of the Ministry are responsible for the cadre work of the Ministry. The leadership collective of the unit consists of the Board of Directors, the head of the unit, and deputy heads. The leadership collective of the unit is responsible for the cadre work of the unit.

2.4 Individuals who propose, departments that review, and collectives that consider matters related to cadres must bear responsibility for their proposals, reviews, and decisions.

2.5 The head of the unit is responsible for managing cadres, signing decisions on cadres, and bearing responsibility for those decisions.

Article 2. Hierarchical management of cadres:

1/ Hierarchical management of cadres shall be linked to clarifying cadre standards and simultaneously regularly inspecting the implementation of cadre work. Hierarchical management of cadres aims to enhance the responsibility of Ministers and Heads of Units to ensure compliance with the Party's and State's policies and regulations on cadre work.

2/ The responsibility for managing cadres must be linked to the responsibility for inspecting the performance of tasks. The level that manages the work of cadres is responsible for inspecting the performance of tasks by those cadres.

Article 3. Contents of cadre management work:

Cadre management work includes the following contents:

1/ Selection, placement, and assignment of cadres.

2/ Management, utilization, and hierarchical management of cadres.

3/ Planning, training, and development of cadres.

4/ Evaluation and assessment of cadres.

5/ Appointment, reappointment, and removal of cadres.

6/ Rewarding and disciplining cadres.

7/ Implementation of cadre policies (salary system, retirement settlement...).

8/ Inspection of cadre work; resolution of complaints and denunciations regarding cadres.

Chapter 2:

RESPONSIBILITIES AND LIMITS OF CADRE MANAGEMENT

Article 4. Responsibilities and authorities of Ministries:

1/ Ministries are responsible before the Government for managing the cadre workforce working at agencies and units under their jurisdiction. The Minister shall report to the Prime Minister on the appointment of cadres under the Prime Minister's decision-making authority.

2/ Ministries shall report to the Party Cadre Affairs Committee to decide on issues related to policy and cadre work of the Ministry according to the central and government regulations. The Minister shall sign decisions on cadres under the Ministry's management after obtaining the Resolution of the Party Cadre Affairs Committee of the Ministry.

3/ Ministries shall consult with the Government Organization-Cadre Department before deciding on the appointment of certain cadre positions as prescribed.

4/ Ministries shall agree with the Chairman of the Provincial People's Committees before appointing Directors of Departments of Agriculture and Rural Development.

5/ Ministries shall issue regulations on hierarchical management of cadres under their jurisdiction and guiding documents for implementation.

6.1 6/ Ministries shall decide to revoke decisions violating any of the following provisions:

6.2 Decisions made beyond authority.

Decisions not implemented according to procedures.

Article 5. Responsibilities and authorities of Heads of Units under Ministries:

1/ Heads of Units and Unit Party Committees are responsible before the Minister and the immediate superior Head of Unit for managing civil servants working at the Unit according to the specified list and content. Hierarchical management of cadres for subordinate Units according to their authority.

The Head of the Unit shall report to the same-level Party Committee to resolve cadre work of the Unit and sign decisions on cadres within their delegated authority while being responsible for such decisions.

2/ The Head of the Unit shall provide written opinions on cadres when requested by the Ministry and the immediate superior Head. Propose to the Ministry and the immediate superior Head regarding matters related to cadres under the Minister's decision-making authority currently working at their agency or unit.

Article 6. Responsibilities and authorities of the Cadre and Civil Service Department:

1/ Research and develop regulations, standards, and procedural guidelines on cadre work to submit to the Ministry for issuance. Assist the Minister in guiding and inspecting the implementation of the Party's and State's cadre policies and the Ministry's policies throughout the sector.

2/ Summarize the general situation of the cadre workforce and cadres under the Minister's management. Study and report to the Minister on planning, measures to build and improve the cadre team of the Ministry and the sector.

3/ Assist the Ministry in consolidating and reviewing proposals from agencies and units on cadres under the Minister's management and decision-making authority.

4/ Implement reports on organization and cadres as required by the State and the Central Committee of the Party.

5/ Inspect and supervise units under the Ministry's implementation of the Party's and State's policies and decisions of the Ministry on organizational and cadre work.

6/ Have the right to request agencies and units under the Ministry to provide materials on cadres and manage files of cadres under the Minister's management.

7/ Resolve complaints and denunciations related to cadres managed by the Ministry.

Consolidate and report to the Minister on the implementation of laws by cadres managed by the Ministry.

8/ Be authorized by the Ministry to decide on specific issues concerning cadres not included in the Minister's decision-making list such as: Deciding annual salary increases for civil servants at the rank of specialist and below in the Ministry's agencies (Departments, Office, Inspectorate... receiving salaries from the Ministry's Office) based on unit recommendations; Transfer and reception of cadres in the Ministry's agencies; Dispatch cadres for domestic training and development based on unit head recommendations.

Chapter 3:

CADRE POSITIONS DIRECTLY MANAGED BY THE MINISTRY AND DELEGATED TO HEADS OF UNITS FOR MANAGEMENT

Article 7. Titles of cadres directly managed by the Ministry:

Management of cadres with the title of professor, associate professor, doctoral degree in science, senior civil servant positions, and leadership and management titles as follows:

1/ Administrative agencies under the Ministry:

- Director of the Department, Deputy Director of the Department, Head of the Ministry's Office, Inspector General of the Ministry.

- Deputy Director of the Department, Deputy Head of the Ministry's Office, Deputy Inspector General of the Ministry.

2/ Scientific research institutions, economic public service organizations, training institutions, and health facilities under the Ministry:

- Director of Research Institutes, Deputy Director of Research Institutes.

- Director of Research Centers, Deputy Director of Research Centers.

- Rector of Universities and Colleges, Deputy Rector of Universities and Colleges, Rector of Management Training Schools, High Schools, Vocational Training Schools.

- Director of the Central Water Resources Project Management Board (CPO), Directors of Water Resources Project Management Boards, Investment Preparation Boards for Water Resources Projects.

- Director of Agricultural and Forestry Project Management Boards, Deputy Director of Agricultural and Forestry Project Management Boards.

- Director of projects under the Ministry, Deputy Director of projects under the Ministry.

- Director of project management boards approved by the Ministry, Deputy Director of project management boards approved by the Ministry.

- Director of National Parks, Deputy Director of National Parks.

- Director of Information Centers, Deputy Director of Information Centers.

- Director of Health Centers, Deputy Director of Health Centers, Director of Hospitals, Deputy Director of Hospitals.

- Chairman, Vice-Chairman, and members of Councils under the Ministry.

3/ Production and business units:

3.1 State-owned corporations:

(State-owned corporations organized according to the model set forth in Decision 90/TTg and 91/TTg dated November 4, 1994 of the Prime Minister hereinafter referred to as Corporation 90 and Corporation 91)

+ Corporation 91:

- Chairman of the Board of Directors, General Director, and members of the Board of Directors proposed by the Ministry for decision by the Government.

- Deputy General Director, Chief Accountant.

+ Corporation 90:

- Chairman of the Board of Directors, General Director, Member of the Board of Directors.

- Deputy General Director, Chief Accountant.

3.2 Companies, Factories, Enterprises under the Ministry:

Director, Deputy Director, Chief Accountant.

Article 8 - Heads of subordinate units directly managed and decided by the Ministry:

1/ Positions not within the scope of management and decision-making by the Minister (as stipulated in Article 7).

For the positions of Heads of Personnel Departments of subordinate units; Heads of Departments under Departments and the Ministry's Office; Heads of Departments, Heads of Departments, Directors of Centers, Directors of Companies under Research Institutes and Training Institutions directly under the Ministry must be approved by the Ministry before a decision can be made.

2/ Delegation of management authority to heads of lower-level units within their jurisdiction.

Article 9 - Annual salary adjustment (based on years of service).

1/ Responsibilities and authorities of the Ministry:

- Annual salary increase for cadres with a salary coefficient of 4.86 or higher in state-owned corporations and cadres with a salary coefficient of 4.38 or higher in companies and enterprises directly under the Ministry.

- Annual salary increase for civil servants at the level of Senior Specialist and equivalent in administrative and public service units.

- For the level of Senior Specialist and equivalent, the Ministry shall examine and propose to the Civil Service Organization Board of the Government for decision.

- Salaries of civil servants under the management of the Politburo and the Secretariat shall be examined and proposed by the Ministry to the Central Organization Board for decision.

2/ Responsibilities and authorities of unit heads:

- Unit heads decide on positions outside those decided by the Ministry.

- For administrative and public service units under the Ministry, unit heads have the authority to decide on civil servants at the level of Specialist and equivalent or below in their own units, after reporting the list of salary increases and obtaining written agreement from the Cadre Organization Department.

Article 10. The right to decide and be responsible for managing civil servants going abroad for work and study.

Some research institutes under the Ministry shall have the authority to decide and be responsible for managing civil servants going abroad for work and study, pursuant to Decision No. 86/2000/QĐ-BNN-TCCB dated August 10, 2000.

Article 11. Implementation organization:

1/ This decision shall be uniformly implemented in units under the Ministry. Heads of units under the Ministry shall organize its implementation based on this decision.

2/ The Personnel Organization Department and the Director of the Ministry's Office shall be responsible for monitoring and compiling reports on the implementation of this decision.

3/ In the course of implementation, if there are difficulties, units must promptly report them for the Ministry to consider. While waiting for higher authorities to resolve these issues, units must still comply with current regulations.