Decree No. 89/2021/NĐ-CP Amending and Supplementing Certain Provisions of Decree No. 101/2017/NĐ-CP dated September 1, 2017 of the Government on Training and Capacity Building for Civil Servants and Public Officials

DECREE

Amending and supplementing certain articles of Decree No. 101/2017/NĐ-CP dated September 1, 2017 of the Government on training and capacity building civil servant, public official, civil service employee

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Based on the Law on National Defense Education and Security dated June 19, 2013;

Pursuant to the Education Law dated June 14, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 101/2017/NĐ-CP dated September 1, 2017 of the Government on training and capacity building for cadres, civil servants, and public officials.

Article 1. Amending and supplementing certain articles of Decree No. 101/2017/NĐ-CP dated September 1, 2017 of the Government on training and capacity building for cadres, civil servants, and public officials

1. Amending Point b Clause 2 Article 1 as follows:

“2. This Decree applies to the following subjects:

b) Civil servants in agencies of the Communist Party of Vietnam, State, Vietnam Fatherland Front, political-social organizations at central, provincial, district levels, and civil servants at commune, ward, town level (hereinafter referred to as commune level).”

2. Amending Article 15 as follows:

“Article 15. Forms of capacity building

1. Capacity building according to the rank standards of civil servants and the job title standards of public officials.

2. Capacity building according to the leadership and management position standards.

3. Capacity building according to the commune-level civil servant position standards.

4. Capacity building according to the job requirements.”

3. Amending Article 16 as follows:

“Article 16. Contents of capacity building

1. Political theory.

2. National defense and security knowledge.

3. State administration knowledge and skills.

4. Knowledge and skills according to job requirements.”

4. Amending Article 17 as follows:

“Article 17. Training programs and materials

1. Programs and materials for political theory training, including:

a) Programs and materials for political theory training according to leadership and management position standards;

b) Programs and materials for political theory training according to rank and job title standards of cadres, civil servants, and public officials.

2. Programs and materials for national defense and security knowledge training, including:

a) Programs and materials for national defense and security knowledge training according to leadership and management position standards;

b) Programs and materials for national defense and security knowledge training according to rank and job title standards of cadres, civil servants, and public officials.

3. Programs and materials for state administration knowledge and skills training according to civil servant rank standards, including:

a) Programs and materials for training civil servants at the specialist rank and equivalent, with a maximum implementation time of four weeks;

b) Programs and materials for training civil servants at the senior specialist rank and equivalent, with a maximum implementation time of six weeks;

c) Programs and materials for training civil servants at the senior specialist rank and equivalent, with a maximum implementation time of eight weeks.

4. Programs and materials for training according to public official profession job title standards. Each profession has one program, with a maximum implementation time of six weeks.

5. Programs and materials for training knowledge and skills according to job requirements

a) Programs and materials for training according to leadership and management job requirements, with a maximum implementation time of two weeks, including:

Programs and materials for training leaders and managers at department level and equivalent;

Chapter on training programs and materials for county-level leaders and managers and equivalent positions;

Chapter on training programs and materials for provincial-level leaders and managers and equivalent positions;

Chapter on training programs and materials for department-level leaders and managers and equivalent positions.

b) Training programs and materials according to job position requirements (specialized vocational skills; general vocational skills; specialized occupational titles; general occupational titles), with a maximum duration of 01 week for each program.

c) Training programs and materials according to the standards for village-level cadres' positions, with a maximum duration of 01 week for each program.”

5. Amend Article 18 as follows:

“Article 18. Requirements for participation in training programs

1. Cadres, civil servants, and public officials must participate in theoretical political training programs and national defense and security knowledge training programs as directed by competent authorities.

2. Civil servants must complete management knowledge and skill training programs according to the civil servant rank standards before being appointed to a rank.

3. Public officials must complete training programs according to the standards for specialized occupational titles before being appointed to an occupational title.

4. Cadres, civil servants, and public officials must participate in knowledge and skill training programs according to job position requirements as stipulated by the competent authority managing cadres, civil servants, and public officials, and based on their own needs, with a minimum duration of 01 week (40 hours)/year and a maximum of 04 weeks (160 hours)/year.”

6. Amend Article 19 as follows:

“Article 19. Management of training programs

1. The competent authority of the Communist Party of Vietnam shall establish, issue, and manage theoretical political training programs.

2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to establish, issue, and manage national defense and security knowledge training programs.

3. The Ministry of Home Affairs shall establish, issue, and manage management knowledge and skill training programs according to civil servant rank standards; training programs according to leadership and management job position requirements.

4. Ministries managing specialized public official occupational titles shall establish, issue, and manage training programs according to specialized public official occupational title standards.

5. Ministries, agencies at the level of ministries, government agencies, central-level political-social organizations, and provincial People's Committees shall establish, issue, and manage training programs according to job position requirements for specialized vocational work for cadres, civil servants, and public officials under their management.”

7. Amend and supplement Clause 2 of Article 20 as follows:

“2. The content of training programs and materials must ensure a combination of theory and practice; knowledge, experience, and practical skills; integration and embedding of similar training programs; no duplication. Training programs and materials must be regularly updated and improved to suit current realities.”

8. Amend Article 21 as follows:

“Article 21. Review and approval of training programs and materials

1. Training programs and materials according to civil servant rank standards, public official occupational title standards, and leadership and management job position requirements must be reviewed before issuance.

2. Training programs and materials according to job position requirements for specialized vocational work; training programs and materials according to village-level cadre position standards must be approved before implementation.

3. The program management agency shall organize reviews or approvals of training programs.

4. The Ho Chi Minh National Political Academy, the National Administration Academy; training and development institutions; research and training institutions; agencies and units organizing reviews or approvals of training materials assigned to compile.”

9. Amend Article 26 as follows:

“Article 26. Certificates for training programs

1. The Ho Chi Minh National Political Academy, the National Administration Academy; training and development institutions; research and training institutions shall issue certificates for training programs they are tasked to implement.

2. Public officials holding a professional practice certificate as prescribed by law may substitute it for the certificate of a training program according to the corresponding specialized public official occupational title standard.

3. Certificates for training programs for cadres, civil servants, and public officials; village-level cadres shall be valid nationwide. The Ministry of Home Affairs shall provide detailed guidance on management, use, and certificate formats.”

10. Amend and supplement Article 27 as follows:

“Article 27. Allocation of organizations to provide training

1. The Ho Chi Minh National Political Academy shall organize training for the following programs:

a) Program on political theory training according to the standards of leadership and management positions at the district level and equivalent; provincial department level and equivalent; ministry department level and equivalent;

b) Program to enhance professional knowledge, vocational skills, and pedagogical methods for political theory lecturers within the system of training and development institutions, educational institutions, and research institutions;

c) Program on political theory training according to the standards of civil servant ranks, standards of cadre and civil servant positions;

d) Other training programs assigned by competent authorities.

2. The National Administration Academy shall organize training for the following programs:

a) Program on state administration knowledge training for civil servants at the specialist rank and equivalent; civil servants at the senior specialist rank and equivalent;

b) Program on leadership and management position requirements training at the district level and equivalent; provincial department level and equivalent; ministry department level and equivalent;

c) Program on professional and vocational job position requirements training;

d) Program to enhance professional knowledge, vocational skills, and pedagogical methods for state administration lecturers within the system of training and development institutions, educational institutions, and research institutions;

đ) Other training programs assigned by competent authorities.

3. Provincial and centrally-run city Political Schools shall organize training for the following programs:

a) Program on political theory training according to the standards of leadership and management positions at the department level and equivalent;

b) Program on state administration knowledge training for civil servants at the specialist rank and equivalent; civil servants at the senior specialist rank and equivalent;

c) Program on leadership and management position requirements training at the department level and equivalent;

d) Program on professional and vocational job position requirements training;

đ) Program on cadre and civil servant position standards training at the commune level;

e) Other training programs assigned by competent authorities.

4. Training and development institutions for cadres and civil servants under ministries, ministerial-level agencies, government agencies, central-level political-social organizations shall organize training for the following programs:

a) Program on state administration knowledge training for civil servants at the specialist rank and equivalent; civil servants at the senior specialist rank and equivalent;

b) Program on leadership and management position requirements training at the department level and equivalent;

c) Program on professional and vocational job position requirements training;

d) Other training programs assigned by competent authorities.

5. Ministries, ministerial-level agencies, government agencies, central-level political-social organizations, provincial People's Committees shall decide to assign tasks to implement training programs according to occupational title standards for specialized civil servants; professional and vocational job position requirements training within their jurisdiction to training and development institutions, educational institutions, and research institutions that meet the prescribed conditions and submit a list to the Ministry of Home Affairs for consolidation, monitoring, and management.”

11. Amend Point a Clause 1 Article 35 as follows:

“a) Ensuring the standards as stipulated in Points a, b, c, đ, e Clause 1 Article 34 and having theoretical political and state administration knowledge meeting the requirements.”

12. Amend Clause 2, Clause 3 and supplement Clause 4, Clause 5 Article 36 as follows:

“2. Funding for training and development of civil servants shall be provided by the civil servants themselves, from the financial resources of public service units, from approved training and development budgets, and other sources as prescribed by law.

3. The State shall have policies to support funding for training and development for female civil servants, ethnic minority civil servants. Ministries, ministerial-level agencies, government agencies, central-level political-social organizations, provincial People's Committees shall proactively allocate from regular operating funds and other sources to support female civil servants, ethnic minority civil servants participating in training and development as prescribed by laws on gender equality and ethnic affairs.

4. Funding for training and development for other subjects applying this Decree shall be provided by individuals, from the operational budget of agencies and units, and other sources as prescribed by law.

5. The Ministry of Finance shall guide the preparation, management, utilization, and settlement of training and development funding appropriate to each type of training and development.”

13. Supplement Article 45a before Article 45 (in Chapter VII. Implementation Provisions) as follows:

“Article 45a. Application Provisions

1. Persons working in national-level social-political-professional organizations, social organizations, social-professional organizations shall apply the provisions on training and development for civil servants if they work within the authorized establishment quota.

2. Persons working in public service units under social-political-professional organizations, social organizations, social-professional organizations; public service units under public service establishments; public service units under state-owned enterprises holding 100% of the charter capital or over 50% of the charter capital or the total number of voting shares shall apply the provisions on training and development for civil servants.”

Article 2. Implementation clause

1. This Decree takes effect from December 10, 2021.

2. Agencies assigned to develop training programs for state administration knowledge according to civil servant rank standards, occupational title standards for specialized civil servants, leadership and management position requirements at Clause 6 Article 1 of this Decree must issue these programs before July 1, 2022.

3. Civil servants and civil servants who have certificates completing the training programs specified in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 17 of Decree No. 101/2017/NĐ-CP or were appointed to civil servant positions and ranks before June 30, 2022 shall not need to participate in corresponding training programs as prescribed by this Decree.

4. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial People's Committees, and related organizations, entities, and individuals shall be responsible for implementing this Decree.