Decree No. 93/2010/ND-CP amends certain Articles of Decree No. 24/2010/ND-CP dated March 15, 2010, of the Government on recruitment, use, and management of civil servants.

DECREE

AMENDING CERTAIN ARTICLES OF THE DECREE NO. 24/2010/NĐ-CP OF MARCH 15, 2010 OF THE GOVERNMENT ON RECRUITMENT, USE AND MANAGEMENT OF PUBLIC CIVIL SERVANTS

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Home Affairs,

DECREE:

Article 1. Amending certain articles of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, use and management of public civil servants, as follows:

1. Amend Article 26:

"Article 26. Competence to Examine and Transfer Village-level Cadres and Civil Servants to Higher-level Civil Servants

The head of the civil servant management agency as stipulated in Clause 2 of Article 2 of this Decree shall examine and transfer village-level cadres and civil servants to higher-level civil servants working at agencies, organizations, and units within the scope of their management authority."

2. Amend Clause 3 and Clause 5 of Article 30:

"Article 30. Allocation of Organizations to Conduct Promotion Examinations for Civil Servants

3. The civil servant management agency as stipulated in Clause 2 of Article 2 of this Decree shall take the lead and coordinate with the Ministry of Home Affairs to organize examinations for promotion from the rank of clerk to the rank of assistant and equivalent; from the rank of clerk, assistant and equivalent to the rank of specialist and equivalent for civil servants under its management.

5. The Ministry of Home Affairs shall provide detailed guidance on the format, content of subjects and examination papers, and regulations on organizing promotion examinations for civil servants."

3. Amend Clause 1 of Article 36:

"Article 36. Rotation of Civil Servants

1. Rotation of civil servants shall only be implemented for civil servants holding leadership and management positions within the planning framework."

4. Amend Clause 1 of Article 39:

"Article 39. System and Policies for Civil Servants Transferred, Rotated, or Detached

1. In cases where civil servants are transferred or rotated to positions that are not suitable for their current civil service grade, they must be transferred to another grade according to the provisions of Article 28 of this Decree and cease to hold leadership and management positions from the date of the decision on transfer or rotation."

Article 2. Effective Date

This Decree takes effect from October 22, 2010.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.