Circular No. 89/2003/TT-BNV on guiding the implementation of administrative and public service establishment management decentralization

CIRCULAR

On guiding the implementation of administrative and public service establishment management delegation

administrative and public service establishments of state-owned entities

Pursuant to the Civil Servant Law dated February 26, 1998 and the Law Amending and Supplementing Certain Provisions of the Civil Servant Law dated April 29, 2003 and related guiding documents; Decree No. 45/2003/NĐ-CP dated May 9, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs; Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on the delegation of management of administrative and public service establishments, the Ministry of Home Affairs guides the implementation of the delegation of management of administrative and public service establishments as follows:

I. GENERAL PROVISIONS

1. Administrative establishment refers to the number of civil servants within the state establishment as stipulated in Clause 1, Article 2 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government who receive salaries from the state budget and work in administrative state management agencies as follows:

1.1. Central-level agencies

1.1.1. Departments, inspection bodies, and offices under ministries and agencies at the ministerial level; departments, inspection bodies, and offices of government agencies as stipulated in Clause 1, Article 2 of Decree No. 30/2003/NĐ-CP dated April 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of government agencies;

1.1.2. General bureaus, bureaus, and equivalent organizations under ministries and agencies at the ministerial level, and government agencies (excluding public service units within the internal structure of these organizations).

1.2. Local-level agencies

1.2.1. Provincial level: Departments, committees, inspection bodies, sub-bureaus under departments, Office of the Delegation of National Assembly Members, Office of People's Council, Office of People's Committee (excluding public service units within the internal structure of these organizations);

1.2.2. District level: Departments, inspection bodies, Office of People's Council and People's Committee.

2. Public service establishment (both central and local levels) refers to the number of civil servants and staff as stipulated in Clause 2, Article 2 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government who receive salaries from the state budget and other sources of public service revenue as prescribed by law and work in public service state units (including both management personnel and support staff of public service units); public service establishment is classified as follows:

2.1. Educational and training public service establishment refers to the number of staff working in public institutions: kindergartens, primary schools, secondary schools, high schools, vocational schools, technical colleges, universities, academies, comprehensive technical centers, vocational training centers, continuing education centers, and other educational institutions within the national education system;

2.2. Health public service establishment refers to the number of staff working in public health service institutions performing disease prevention, treatment, rehabilitation, and functional recovery tasks; village health stations, district health centers, regional hospitals, provincial hospitals; hospitals and institutes with hospital beds under various ministries and sectors; hospitals, rehabilitation centers, and functional recovery centers; institutes, centers, stations, teams engaged in preventive work;

2.3. Scientific public service establishment refers to the number of staff engaged in scientific research and technology transfer in public institutions: science and technology research institutes and centers under various ministries and sectors managed by central and local authorities;

2.4. Cultural and information, sports public service establishment refers to the number of staff working in public institutions operating in fields such as press, culture, arts, physical education and sports; radio and television stations, radio broadcasting stations; news agencies and their branches; industry magazines; art troupes, theaters, cultural houses; museums, historical sites, libraries; sports centers, etc.;

2.5. Other public service establishment refers to the number of staff working in public institutions not falling under the fields specified in Points 2.1, 2.2, 2.3, and 2.4 above (social insurance, meteorology and hydrology, national reserves; centers, stations, camps, forest management boards, archives, etc.);

3. According to the delegation by the Government, ministries, agencies at the ministerial level, and government agencies (hereinafter referred to collectively as ministries and sectors) and People's Committees of provinces and centrally-administered cities (hereinafter referred to collectively as provincial People's Committees) are responsible for deciding adjustments to the total quota of public service establishment of their own agencies based on the number of public service establishment assigned by the competent state agency up to December 31, 2003 and the additional workload and public service funds allocated by the competent state agency.

II. SPECIFIC PROVISIONS

1. Establishment plan

1.1. Based on the requirements and content of establishing the establishment plan as stipulated in Articles 5, 6, and 7 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government, the Minister, Heads of Ministries and Sectors, and Chairmen of Provincial People's Committees direct the Organization and Cadre Department (Office), Provincial Department of Home Affairs, and subordinate units of ministries and sectors and localities to develop annual establishment plans;

1.2. The Organization and Cadre Department of ministries and sectors, and the Provincial Department of Home Affairs aggregate and review the establishment plans of subordinate units of ministries and sectors and localities; develop establishment plans for their own ministries and sectors and localities; after reaching consensus with the financial department at the same level, report to the leadership of ministries and sectors and Provincial People's Committees to decide on public service establishment, approve administrative establishment before reporting to the Ministry of Home Affairs;

1.3. For provincial level, Provincial People's Committees report to the same-level People's Council to decide on the total public service establishment in the locality in accordance with development requirements and local budget capacity; approve the total administrative establishment of the locality before reporting to the Ministry of Home Affairs;

1.4. Reporting forms for the establishment plan and implementation of annual establishment of ministries, sectors, and localities shall be carried out according to the provisions of Point 2.4, Section 2, Part II of this Circular.

2. Management and utilization of establishment

2.1. Review of establishment

2.1.1. Administrative establishment

The Organization and Cadre Department of ministries and sectors, and the Provincial Department of Home Affairs review the establishment plans of agencies and units as stipulated in Points 1.1 and 1.2, Section 1, Part I of this Circular for the number of establishment to implement annual tasks in accordance with the functions and responsibilities of each agency and unit assigned by the competent state agency;

2.1.2. Public service establishment

The Personnel Organization Department (Committee) of the Ministries and central agencies, the Provincial People's Committee Departments of Civil Service of the provincial People's Committees shall be responsible for:

2.1.2.1. Reviewing the staffing plans of public service units without revenue sources or with revenue only partially covering regular operating expenses but not yet allocated state funds to implement a mechanism of budgeting certain types of public services or allocating operating funds through cost standards based on workload, ensuring the alignment between the staffing plan and the assigned functions and tasks and the financial capacity of these units, upon the proposal of the direct management agency of the public service unit;

2.1.2.2. Compiling the total staffing plan of self-financing public service units and the staffing plan of public service units allocated state funds to implement a mechanism of budgeting certain types of public services or allocating operating funds through cost standards based on workload, upon the proposal of the direct management agency of the public service unit.

2.2. Allocating staffing quotas

Based on the administrative staffing quota assigned by the Ministry of Civil Service and the total public service staffing quota decided by ministries, sectors, and localities, the Personnel Organization Departments of ministries and sectors, and the Provincial People's Committee Departments of Civil Service at local levels shall be responsible for:

2.2.1. Reporting to the leadership of ministries and sectors and the provincial People's Committees the allocation plans for administrative and public service staffing quotas for each unit under their respective ministries, sectors, and localities;

2.2.2. The Personnel Organization Department allocating administrative staffing quotas for subordinate administrative agencies under ministries and sectors; the Provincial People's Committee Departments of Civil Service allocating administrative staffing quotas for specialized agencies at the same level and the People's Committees at the district level;

2.2.3. Allocating staffing quotas for public service units without revenue sources; approving the number of staff positions for public service units that self-finance part of their regular operating expenses;

Guiding the direct management agencies of public service units to allocate staffing quotas for such public service units;

2.2.4. Guiding the utilization of staffing quotas for public service units that fully self-finance their regular operating expenses and for public service units allocated state funds to implement a mechanism of budgeting certain types of public services or allocating operating funds through cost standards based on workload.

2.3. Utilizing staffing quotas

Based on the allocated or approved staffing quotas, public service units shall implement employment contract systems for newly recruited civil servants. Recruitment and hiring of civil servants and civil employees shall be carried out in accordance with the Civil Servant Law and related implementing regulations.

3. Information Reporting System

3.1. To ensure compliance with legal provisions on the management and utilization of staffing quotas and to have a basis for compiling reports to the Government, National Assembly, and the Central Committee of the Communist Party on the total national administrative and public service staffing quotas, annually, ministries, sectors, and localities shall be responsible for implementing the following periodic information reporting system:

3.1.1. Submitting the administrative staffing plan report (using form number 1) of ministries, sectors, and localities to the Ministry of Civil Service for review and compilation to be submitted to the Prime Minister before July 1st each year;

3.1.2. Submitting the implementation status report of administrative staffing and utilization of public service staffing (using form number 2) of ministries and sectors to the Ministry of Civil Service before January 15th of the following year;

3.1.3. Submitting the implementation status report of administrative staffing and utilization of public service staffing (using form number 3) of provincial People's Committees to the Ministry of Civil Service before January 15th of the following year;

3.2. Requesting the National Assembly Office, the President's Office, the Supreme People's Procuracy, the Supreme People's Court, and the Central Organization Department (managing Party and mass organizations' staffing) to compile and statistically analyze the implementation status of staffing managed up to December 31st of the reporting year (using form number 4) and submit it to the Ministry of Civil Service before January 15th of the following year for compilation and reporting to relevant Party and State agencies according to Clause 9, Article 33 of the Civil Servant Law dated December 26, 1998 and the amended and supplemented Civil Servant Law in 2003.

4. Inspection and Supervision Work

Heads of Ministries, Sectors, and Localities shall direct the Personnel Organization Departments (Committees) and Provincial People's Committee Departments of Civil Service to take the lead in coordinating with financial agencies of Ministries, Provincial Finance Departments, and Social Insurance Organizations at the local level to inspect and supervise the implementation of staffing management and utilization and related policies and benefits within their jurisdiction, promptly addressing any violations of staffing management regulations stipulated in this Circular and related laws.

Inter-ministerial inspection teams organized by the Ministry of Civil Service, the Ministry of Finance, and the Vietnam Social Insurance shall conduct inspections on the implementation of staffing management and utilization and related policies and benefits as stipulated in this Circular and other relevant laws.

III. IMPLEMENTATION

1. The Ministers, Heads of Ministries equivalent to Ministries, and Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government shall be responsible for organizing and directing the implementation of this Circular.

2. This Circular shall take effect fifteen days after its publication in the Official Gazette, and the provisions of this Circular shall be implemented from January 1, 2004.

3. In the course of implementation, if there are any difficulties, they should be reported to the Ministry of Civil Service for study and resolution./.