Circular No. 77/2017/TT-BTNMT stipulates the criteria for the position of Director and Deputy Director of the Department of Natural Resources and Environment under the People's Committees of provinces and centrally governed cities.

CIRCULAR

PROVISIONS ON THE STANDARDS FOR THE TITLES OF DIRECTOR AND DEPUTY DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT UNDER THE PEOPLE'S COMMITTEE OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT

BASED ON THE CIVIL SERVANTS LAW NUMBER 22/2008/QH12 ON NOVEMBER 13, 2008;

PURSUANTBASED ON DECREE NUMBER 123/2016/NĐ-CP ON SEPTEMBER 1, 2016 ISSUED BY THE GOVERNMENT REGULATING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENT AGENCIES OF THE SAME RANK;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

PURSUANT TO THE PROPOSALS OF THE HEADS OF THE DEPARTMENTS OF ORGANIZATION AND CIVIL SERVANTS, LEGAL AFFAIRS;

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT ISSUES THIS CIRCULAR TO REGULATE THE STANDARDS FOR THE TITLES OF DIRECTOR AND DEPUTY DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT UNDER THE PEOPLE'S COMMITTEE OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT city under the direct control of the central government,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. THIS CIRCULAR REGULATES THE STANDARDS FOR THE TITLES OF DIRECTOR AND DEPUTY DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT UNDER THE PEOPLE'S COMMITTEE OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT (HEREINAFTER REFERRED TO AS DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT).

2. This Circular applies to:

a) PERSONS WHO ARE CONSIDERED FOR APPOINTMENT OR SELECTION TO THE TITLES OF DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT;

b) AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS WHEN IMPLEMENTING THE PROCEDURES FOR APPOINTMENT OR SELECTION TO THE TITLES OF DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT;

c) AUTHORITIES MANAGING AND USING CIVIL SERVANTS AND PUBLIC OFFICIALS WHO ARE PLANNED FOR OR CONSIDERED FOR APPOINTMENT AS DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT;

d) AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS PERFORMING THE TASKS OF INSPECTION, SUPERVISION, TRAINING, ENHANCEMENT, AND EVALUATION OF CIVIL SERVANTS HOLDING THE TITLES OF DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT.

Article 2. Principles of Application

1. CIVIL SERVANTS AND PUBLIC OFFICIALS WHO ARE CONSIDERED FOR APPOINTMENT TO THE TITLE OF DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT MUST MEET THE GENERAL STANDARDS AND SPECIFIC STANDARDS OF EACH TITLE AS PROVIDED BY THE PARTY AND THE STATE, AND THE STANDARDS SET OUT IN THIS CIRCULAR.

2. THE STANDARDS FOR THE TITLES OF DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT SET OUT IN THIS CIRCULAR SHALL BE THE BASIS FOR AUTHORITIES WITH COMPETENCE TO IMPLEMENT AND MONITOR THE APPOINTMENT, REAPPOINTMENT, TRANSFER, REMOVAL, PLANNING, TRAINING, ENHANCEMENT, AND EVALUATION OF CIVIL SERVANTS HOLDING THE TITLES OF DIRECTOR OF THE DEPARTMENT AND DEPUTY DIRECTOR OF THE DEPARTMENT.

ARTICLE 3. POSITION AND RESPONSIBILITIES

1. THE DIRECTOR OF THE DEPARTMENT IS A CIVIL SERVANT AT THE HEAD OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT UNDER THE PEOPLE'S COMMITTEE OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT (HEREINAFTER REFERRED TO AS THE PEOPLE'S COMMITTEE OF THE PROVINCE), RESPONSIBLE BEFORE THE PEOPLE'S COMMITTEE OF THE PROVINCE, THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE PROVINCE, AND BEFORE THE LAW FOR THE PERFORMANCE OF THE FUNCTIONS AND TASKS OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT AND THE AUTHORITY ASSIGNED.

2. THE DEPUTY DIRECTOR OF THE DEPARTMENT IS THE DEPUTY OF THE DIRECTOR OF THE DEPARTMENT, ASSISTING THE DIRECTOR OF THE DEPARTMENT IN DIRECTING AND OVERSEEING CERTAIN ASPECTS OF WORK ACCORDING TO THE ASSIGNMENT OF THE DIRECTOR OF THE DEPARTMENT, RESPONSIBLE BEFORE THE DIRECTOR OF THE DEPARTMENT AND BEFORE THE LAW FOR THE TASKS ASSIGNED.

Chapter II

GENERAL STANDARDS

ARTICLE 4. STANDARDS REGARDING POLITICAL IDEOLOGY, MORALITY, WAY OF LIFE, AND ORGANIZATIONAL DISCIPLINE

1. STANDARDS REGARDING POLITICAL IDEOLOGY

a) LOYAL TO THE INTERESTS OF THE PARTY, THE NATION, AND THE PEOPLE; FIRM IN MARXISM-LENINISM, HO CHI MINH THOUGHT, THE GOALS AND IDEALS OF NATIONAL INDEPENDENCE, SOCIALISM, AND THE PARTY'S REVOLUTIONARY POLICY;

b) HAVE A SOLID POLITICAL STANCE, VIEW, AND PRINCIPLE, NOT FLUCTUATING IN ANY SITUATION, RESOLUTELY STRUGGLING TO DEFEND THE PARTY'S PROGRAM, POLICY, THE CONSTITUTION, AND THE STATE LAWS;

c) HAVE A PASSIONATE SPIRIT OF PATRIOTISM, PUTTING THE INTERESTS OF THE PARTY, THE NATION, THE PEOPLE, AND THE COLLECTIVE ABOVE PERSONAL INTERESTS; READY TO SACRIFICE FOR THE PARTY'S CAUSE, FOR THE INDEPENDENCE AND FREEDOM OF THE COUNTRY, AND FOR THE PEOPLES' HAPPINESS;

d) BE SATISFIED WITH WORK, STRICTLY COMPLY WITH THE ASSIGNMENTS OF THE ORGANIZATION, AND COMPLETE ALL TASKS ASSIGNED WELL.

2. STANDARDS REGARDING MORALITY, WAY OF LIFE, AND ORGANIZATIONAL DISCIPLINE

a) HAVE A PURE MORAL CHARACTER; LIVE HONESTLY, HUMBLE, SINCERE, SIMPLE; BE INDUSTRIOUS, ECONOMICAL, HONEST, JUST, AND SELFLESS. BE PASSIONATE AND RESPONSIBLE FOR WORK; NOT AMBITIOUS FOR POWER, NOT GLORY SEEKING; HAVE A SPIRIT OF UNITY, CONSTRUCTION, LEADERSHIP, AND LOVE FOR COLLEAGUES AND CO-WORKERS;

b) DO NOT ENGAGE IN CORRUPTION, BUREAUCRACY, OPPORTUNISM, SELF-BENEFIT, AND ACTIVELY STRUGGLE TO PREVENT AND STOP THE DEGENERATION IN POLITICAL IDEOLOGY, MORALITY, WAY OF LIFE, AND THE PHENOMENA OF "SELF-DIFFUSION" AND "SELF-TRANSFORMATION" WITHIN THE ORGANIZATION; RESOLVE TO STRUGGLE AGAINST BUREAUCRACY, ARBITRARINESS, CORRUPTION, WASTEFULNESS, INDIVIDUALISM, OPPORTUNISM, PRACTICALISM, GROUPISM, AND INTEREST GROUPS, SAYING ONE THING AND DOING ANOTHER; BE FAIR, UPRIGHT, USE TALENTS, AND DO NOT ALLOW RELATIVES OR FRIENDS TO ABUSE THEIR POSITIONS AND POWERS FOR PERSONAL GAIN;

c) ADHERE TO AND STRICTLY IMPLEMENT THE ORGANIZATIONAL AND DISCIPLINARY PRINCIPLES OF THE PARTY, ESPECIALLY THE PRINCIPLE OF DEMOCRATIC CENTRALISM, SELF-CRITICISM, AND CRITICISM.

Article 5. Knowledge Standards

1. Firmly grasp the Party's guidelines and policies, the State's laws and regulations on natural resources and the environment, and related fields.

2. Understand the country's and local political, economic, cultural, social, security, defense, and foreign affairs situation relevant to the natural resources and environmental sector.

3. Have a deep understanding of natural resources and environmental management practices, strategies, plans, and major programs of the natural resources and environmental sector.

Article 6. Qualification Standards

1. Hold a bachelor’s degree or higher in natural resources and the environment or a related field, ensuring it meets the professional and vocational requirements of the assigned field.

2. Hold a graduate diploma in political theory or equivalent.

3. Have completed the training program for state administration knowledge in natural resources and the environment organized by the Ministry of Natural Resources and Environment for leaders of provincial Natural Resources and Environment Departments.

4. Possess basic information technology skills according to Circular No. 03/2014/TT-BTTTT dated March 11, 2014, issued by the Minister of Information and Communications regarding the Standard for Information Technology Skills.

Article 7. Other criteria

1. Have at least five years of work experience in the natural resources and environmental field (cumulative).

2. Be in good health to fulfill job requirements.

3. For initial appointment, priority is given to those under 50 years old for males and 45 years old for females.

Chapter III

SPECIFIC CRITERIA

Article 8. Qualifications for the Position of Department Director

1. Competency Standards

a) Leadership and management capabilities in advising and organizing the implementation of the Party's guidelines and the State's policies and laws on natural resources and the environment within the jurisdiction;

b) Visionary and innovative thinking in natural resources and environmental management; ability to forecast and guide development, summarize practical experiences, participate in researching, building policies and legal documents on natural resources and the environment; capability to advise and propose solutions and methods for natural resources and environmental management to serve provincial People's Committee administrative management activities; ability to identify, grasp, address, and effectively resolve contradictions, issues, and limitations arising in the assigned professional field;

c) Leadership and management experience; ability to identify and utilize competent individuals; ability to unite civil servants and employees in the agency to lead and coordinate with other levels, sectors, localities, and agencies to implement assigned tasks.

2. Currently holding the rank of Senior Specialist or equivalent.

3. Completed advanced specialist administrative management knowledge training program or equivalent, and national defense and security knowledge training program for category 2.

4. Possess language proficiency (common languages: English, French, German, Russian, Chinese) equivalent to Level 3 of the 6-level Vietnamese Foreign Language Proficiency Framework.

In areas with a significant number of ethnic minority populations, preference is given to those who can speak commonly used ethnic minority languages in the region to facilitate work.

5. Have served in the position of Deputy Department Director, provincial department, or equivalent for at least three years, or as Deputy Secretary, Chairman of the People's Committee at the district level or equivalent; preference is given to those who have served as Deputy Director of the Provincial Natural Resources and Environment Department.

6. Be included in the planning for the position of Department Director or equivalent.

Article 9. Specific criteria for the position of Deputy Director of the Department

1. Competency Standards

a) Possess leadership and management capabilities in advising and organizing the implementation of the Party's guidelines and policies and the State's laws on natural resources and the environment within the province or centrally governed city;

b) Possess the ability to summarize practical experiences, participate in researching and building policies and regulatory legal documents on natural resources and the environment; have the capacity to advise and propose solutions and methods for managing natural resources and the environment to serve the activities of provincial-level People's Committee administrative management; have the ability to effectively address existing issues, limitations, and newly emerging problems related to the specialized field and tasks assigned;

c) Possess leadership and management experience, organizational skills; have the ability to coordinate with various levels, sectors, localities, and other agencies and units to fulfill assigned tasks.

2. Currently holding the rank of specialist or equivalent.

3. Completed the training program on administrative state management knowledge for the specialist rank or equivalent, and the training program on national defense and security knowledge for category 3.

4. Hold a foreign language certificate (common languages: English, French, German, Russian, Chinese) at level B or A2 or level 2 as prescribed, or hold a certificate in ethnic language for positions requiring the use of ethnic language.

5. Have served for at least three years in a leadership or management position at the departmental level under the Department of Natural Resources and Environment or equivalent, or as Head of the Natural Resources and Environment Department at the district level or equivalent.

6. Be included in the planning for the position of Deputy Director of the Department or equivalent.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from March 1, 2018.

2. This Circular replaces Circular No. 29/2010/TT-BTNMT dated November 22, 2010, issued by the Minister of Natural Resources and Environment, which stipulates the criteria for the position of Director of the Department of Natural Resources and Environment.

3. In cases where individuals have been appointed to the positions of Director or Deputy Director of the Department before this Circular takes effect but do not meet the criteria set forth in this Circular, they must be trained and further educated to meet the position criteria as prescribed.

Article 11. Responsibility for Implementation

1. Provincial People's Committees shall be responsible for:

a) Based on the criteria stipulated in this Circular, evaluate, plan, train, further educate, and consider appointment, reappointment, rotation, and removal of civil servants holding the positions of Director and Deputy Director of the Department;

b) Within ten days from the date the decision appointing the position of Director or Deputy Director of the Department becomes effective, the provincial-level People's Committee shall notify the Ministry of Natural Resources and Environment in writing along with the appointment decision and the biography of the appointee for tracking, coordination in implementing leadership and management position planning for subordinate units of the Ministry, leadership of the Ministry of Natural Resources and Environment, and for training, further education, and enhancing state management capacity in natural resources and the environment.

2. The Departments of Natural Resources and Environment of provinces and centrally governed cities shall base their work of evaluation, planning, training, and further education of leading and managerial cadres on the criteria stipulated in this Circular.

3. The Cadre and Civil Servant Organization Department of the Ministry of Natural Resources and Environment shall be responsible for guiding, inspecting, and reporting to the Minister of Natural Resources and Environment on the implementation of this Circular.

4. Provincial-level People's Committees; Departments of Natural Resources and Environment of provinces and centrally governed cities, and relevant agencies, units, and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are any arising issues or difficulties, agencies, units, organizations, and individuals should report them to the Ministry of Natural Resources and Environment (through the Cadre and Civil Servant Organization Department) for consolidation and reporting to the Minister for consideration and decision./.