Nghị định 18/2010/ND-CP

DECREE

ON TRAINING AND REFRESHER TRAINING OF CIVIL SERVANTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Cadres and Civil Servants;
Pursuant to the June 14, 2005 Law on Education;
At the proposal of the Minister of Home Affairs;

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree stipulates the regime, content, programs, organization and management of training and refresher training of civil servants.

2. This Decree applies to civil servants defined in the Government's Decree No. 06/ 2010/ND-CP of January 25,2010, defining civil servants and commune-level civil servants in Clause 2, Article 3 of the Government's Decree No. 92/2009/ND-CP of October 22.2009, on the titles and numbers of and several entitlements and policies for cadres and civil servants in communes, wards and townships and part-time cadres at the commune level.

Article 2. Objectives of civil servant training and refresher training

1. To equip knowledge about and skills and methods of performing tasks and public duties.

2. To contribute to building a contingent of professional civil servants fully capable of building an advanced and modern public administration.

Article 3. Principles on training and refresher training

1. Training and refresher training must be based on working positions, standards of civil servant ranks, standards of leadership and managerial posts and human resource building and development requirements of agencies and units.

2. To assure the autonomy of agencies managing and units employing civil servants in training and refresher training activities.

3. To combine the mechanisms of decentralization and competition in the organization of training and refresher training.

4. To enhance the sense of self-study and rights of civil servants in the selection of working position-based refresher training programs.

5. To assure publicity, transparency and effectiveness.

Article 4. Training and refresher training regimes

1. Probation guidance for civil servants on probation.

2. Refresher training based on civil servant rank standards.

3. Training and refresher training based on leadership and managerial post standards.

4. Compulsory annual refresher training in professional knowledge and skills (a one-week course of 5 training days with 8 periods each a year).

The time of attending different refresher training courses is allowed to be accumulated.

Article 5. Interpretation of terms

In this Decree, the following terms below are construed as follows:

1. Training means the process of conveying and receiving in a systematic manner knowledge and skills required at each training grade and level.

2. Refresher training means equipping, updating and improving professional knowledge and skills.

3. Refresher training based on rank standards means equipping professional knowledge and skills according to programs prescribed for civil servant ranks.

4. Training and refresher training based on leadership and managerial post standards means equipping professional knowledge and skills and methods according to programs prescribed for each leadership or managerial post.

5. Working position-based refresher training means equipping and updating necessary knowledge, skills and methods for properly performing assigned work.

Chapter II

TRAINING AND REFRESHER TRAINING CONTENTS. PROGRAMS AND CERTIFICATES

Article 6. Training and refresher training contents

1. Contents of domestic training and refresher training:

a/ Political theories:

b/ Specialized and professional knowledge and skills;

c/ Legal knowledge; knowledge and skills of state management and specialized management;

d/ Computer skills, foreign language, ethnic minority language.

2. Contents of overseas refresher training:

a/ Knowledge, experience and skills of public administration and specialized management;

b/ International integration knowledge and experience.

Article 7. Training and refresher training programs and materials and implementation time

1. Types of refresher training programs and materials based on rank standards to be implemented for maximum 8 weeks, including:

a/ Refresher training programs and materials for technician[1] and equivalent ranks;

b/ Refresher training programs and materials for official and equivalent ranks;

c/ Refresher training programs and materials for principal official and equivalent ranks;

d/ Refresher training programs and materials for senior official and equivalent ranks:

2. Types of training and refresher training programs and materials based on leadership and managerial post standards to be implemented for maximum 4 weeks, including:

a/ Training and refresher training programs and materials for divisional-level and equivalent leaders;

b/ Training and refresher training programs and materials for district-level and equivalent leaders;

c/ Training and refresher training programs and materials for provincial-level departmental and equivalent leaders;

d/ Training and refresher training programs and materials for central-level departmental and equivalent leaders;

e/ Training and refresher training programs and materials for deputy-ministerial and equivalent leaders.

3. Types of specialized knowledge and skill refresher training programs and materials to be implemented for maximum 2 weeks, including:

a/ Refresher training programs and materials based on specialized standards;

b/ Updated training programs and materials based on working positions.

Article 8. Requirements on development of training and refresher training materials

1. Programs and materials shall be developed based on civil servant rank standards, leadership and managerial post standards and task requirements.

2. Contents of programs and materials must ensure combination between theory and practice, knowledge, experience and practical skills, transferability and non-repetition.

3. Training and refresher training programs and materials must be supplemented and updated to suit realities.

Article 9. Management of training and refresher training programs

1. The Ministry of Home Affairs shall manage refresher training programs based on civil servant rank standards and training and refresher training programs and materials based on leadership and managerial post standards.

2. Ministries, ministerial-level agencies and government-attached agencies shall manage specialized knowledge and skill refresher training programs.

3. Program management tasks include:

a/ Program development;

b/Appraisal and evaluation:

c/ Approval, promulgation and guidance on implementation.

Article 10. Organization of development of training and refresher training materials

1. The Ho Chi Minh National Academy of Politics and Public Administration shall develop refresher training materials for senior official and equivalent ranks; training and refresher training materials for district-level, provincial-level departmental and central-level departmental and equivalent leaders according to Ministry of Home Affairs-promulgated programs;

2. Cadre and civil servant training and refresher training institutes, schools and centers of ministries, ministerial-level agencies and government-attached agencies (below collectively referred to as training and refresher training institutions) shall develop refresher training materials for technician and equivalent ranks, official and equivalent ranks, principal official and equivalent ranks; training and refresher training materials for divisional-level leaders and managers according to Ministry of Home Affairs-promulgated programs; and specialized knowledge and skill refresher training materials.

3. Politics schools of provinces and centrally run cities shall develop refresher training materials for technician and equivalent ranks, official and equivalent ranks, principal official and equivalent ranks, training and refresher training materials for divisional-level leaders and managers according to Ministry of Home Affairs-promulgated programs; and coordinate with ministries, ministerial-level agencies and government-attached agencies in developing specialized knowledge and skill refresher training materials.

Article 11. Organization of appraisal of training and refresher training programs and materials

1. Agencies managing programs and development of materials shall organize the assessment of refresher training programs and materials for civil servant ranks and training and refresher training programs and materials based on leadership and managerial post standards specified in Clauses 1 and 2, Article 7 of this Decree.

2. Ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally run cities shall decide on procedures for assessing specialized knowledge and skill refresher training programs and materials specified in Clause 3, Article 7 of this Decree before they are put into use.

3. The Ministry of Home Affairs shall guide the order and procedures for and contents of assessment and evaluation of programs and materials specified in Clauses 1 and 2 of this Article.

Article 12. Civil servant training and refresher training certificates

1. Training and refresher training institutions shall issue certificates of training and refresher training programs they are assigned to implement.

2. Certificates of civil servant training and refresher training programs include.

a/ Certificates of refresher training programs for civil servant ranks;

b/ Certificates of training and refresher training programs based on leadership and managerial post standards;

c/ Specialized knowledge and skill refresher training programs.

3. The certificate of a refresher training program for civil servant ranks and the certificate for a training or refresher training program based on leadership and managerial post standards is one of the grounds for considering appointment to a civil servant rank or a leadership or managerial post; the certificate for a specialized knowledge and skill refresher training program is one of the grounds for evaluating civil servants' task performance in a year.

4. Civil servant training and refresher training certificates are issued according to forms used nationwide.

The Ministry of Home Affairs shall set the forms and guide the use of civil servant training and refresher training certificates.

Chapter III

ORGANIZATION OF TRAINING AND REFRESHER TRAINING AND LECTURERS

Section 1. ORGANIZATION Oh TRAINING AND REFRESHER TRAINING

Article 13. Assignment of training and refresher training

1. The Ho Chi Minh National Academy of Politics and Public Administration has the following tasks:

a/ Organizing the implementation of refresher training programs based on senior official and equivalent rank standards:

b/ Organizing the implementation of training and refresher training programs based on district-level and departmental leadership and managerial post standards;

c/ Organizing the implementation of other training and refresher training programs assigned by competent authorities;

d/ Providing training and refresher training for raising professional qualifications and training methodologies for lecturers of politics schools of provinces and centrally run cities; and lecturers of training and refresher training institutions of ministries, ministerial-level agencies and government-attached agencies.

2. Politics schools of provinces and centrally run cities have the following tasks:

a/ Organizing the implementation of refresher training programs based on technician, official, principal official and equivalent rank standards;

b/ Organizing the implementation of training and refresher training programs based on divisional-level and equivalent leadership and managerial post standards;

c/ Organizing the implementation of refresher training programs based on commune-level civil servant standards and for other trainees assigned by competent authorities.

3. Cadre and civil servant training and refresher training institutes, schools and centers of ministries, ministerial-level agencies and government-attached agencies have the following tasks:

a/ Organizing the implementation of refresher training programs based on technician, official, principal official and equivalent rank standards;

b/Organizing the implementation of training and refresher training programs based on divisional-level and equivalent leadership and managerial post standards;

c/ Organizing the implementation of relevant professional refresher training programs based on commune-level civil servant standards and for other trainees as assigned by competent authorities.

Article 14. Training and refresher training methods

Training and refresher training shall be conducted by active methods promoting the self-discipline, active participation and creativity of trainees and the sharing of information, knowledge and experience between lecturers and trainees and among trainees.

Article 15. Forms of organizing training and refresher training

1. Formal.

2. Semi-formal.

3. In-service.

4. Distance.

Article 16. Evaluation of training and refresher training quality

1. Evaluation of training and refresher training quality aims to provide information on the increased qualifications of civil servants to perform tasks and public duties after attending training and refresher training courses.

2. Evaluation of training and refresher training quality must ensure publicity, transparency, objectivity and honesty.

3. Contents of evaluation:

a/ Relevance of program contents to requirements and standards for ranks, leadership and managerial posts and requirements of working posts;

b/ Capabilities of lecturers and relevance of training and refresher training methods to programs contents and trainees;

c/ Training and refresher training institutions' capabilities to conduct training and refresher training;

d/ Civil servants' level of learning knowledge and skills and applying them to performing their tasks and public duties.

4. Evaluation of training and refresher training quality shall be conducted by managing agencies, units employing civil servants, and training and refresher training institutions of ministries, ministerial-level agencies and government- attached agencies or hired independent evaluation agencies.

SECTION 2. LECTURERS

Article 17. Lecturers

1. Domestic lecturers are lecturers of training and refresher training institutions, part-time lecturers and guest lecturers.

2. Foreign lecturers.

Article 18. Policies towards lecturers

1. Entitlements and policies towards lecturers of the Ho Chi Minh National Academy of Politics and Public Administration shall be prescribed by competent authorities.

2. Lecturers of training and refresher training institutions of ministries, ministerial-level agencies and government-attached agencies and politics schools of provinces and centrally run cities are entitled to regimes and policies like university lecturers.

3. The Ministry of Home Affairs, the Ministry of Education and Training and the Ministry of Finance shall provide specific guidance on benefits, entitlements and policies for lecturers of training and refresher training institutions of ministries, ministerial-level agencies and government-attached agencies and politics schools of provinces and centrally run cities, and for foreign lecturers.

Chapter IV

BENEFITS. RESPONSIBILITIES OF CIVIL SERVANTS AND TRAINING AND REFRESHER TRAINING FUNDS

Article 19. Cases in which civil servants are appointed to attend intermediate, college and university training

1. Their agencies or units are reorganized or rearranged.

2. They have been appointed to ranks or leadership posts but have not yet satisfied required training standards.

Article 20. Conditions for civil servants to be appointed to attend graduate training

1. Having worked for at least full 5 years.

2. Training majors relevant to their working posts.

3. Being not older than 40 years by the time of being appointed to attend training.

4. Making a commitment to continuing their jobs or public duties after completing the training programs for a period at least three times the training duration.

5. Having at least 3 consecutive years' good fulfillment of tasks.

Article 21. Benefits of civil servants appointed to attend graduate training courses

1. For civil servants appointed to attend domestic training and refresher training courses:

a/ Their managing or employing agencies shall arrange time and funds for them according to regulations;

b/ Their training and refresher training time will be included in continued working time;

c/ They are entitled to full salaries and allowances when attending training or refresher training courses;

dl They will be praised and commended for excellent training or refresher training results.

2. Civil servants appointed to attend overseas training or refresher training courses are entitled to benefits specified at Point b. Clause 1 of this Article and other regimes prescribed by law.

Article 22. Responsibility to comply with the training and refresher training regime

1. To comply with the training and refresher training regime prescribed in Article 4 of this Decree.

2. To strictly observe training and refresher training regulations and place themselves under the management of training or refresher training institutions when attending training.

Article 23. Training and refresher training funds

Training and refresher training funds for civil servants include state budget funds, funds of agencies managing or units employing civil servants, funds of civil servants and financial supports of foreign organizations and individuals.

Article 24. Refund of training and refresher training expenses

If civil servants give up their studies or jobs without permission while participating in training or refresher training courses or quit their jobs while having not yet worked for a sufficient period as committed after completing training programs, they shall refund training or refresher training expenses.

The Ministry of Home Affairs shall detail this Article.

Chapter V

MANAGEMENT OF TRAINING AND REFRESHER TRAINING WORK

Article 25. Tasks and powers of the Ministry of Home Affairs

1. To formulate and submit to competent authorities for promulgation or promulgate according to its competence legal documents, regimes and policies on civil servant training and refresher training.

2. To formulate and submit to competent authorities for approval or promulgate according to its competence civil servant training and refresher training strategies, master plans and plans; to organize and guide the implementation of these strategies, master plans and plans after they are promulgated: to monitor and summarize results of civil servant training and refresher training by ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally run cities.

3. To plan and organize overseas refresher training for civil servants according to its competence.

4. To summarize the demands and propose funding plans for training and refresher training annually and for mid-term and long-term periods; to guide ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally run cities in the implementation of these plans after they are approved by the Government.

5. To manage refresher training programs based on civil servant rank standards and training and refresher training programs based on leadership and managerial post standards.

6. To stipulate standards of training and refresher training institutions.

7. To inspect and examine civil servant training and refresher training activities.

8. To organize emulation and commendation activities in civil servant training and refresher training.

9. To guide the organization of overseas refresher training for civil servants with state budget funds.

Article 26. Tasks and powers of ministries, ministerial-level agencies and government-attached agencies

1. To formulate and implement master plans and plans for training and refresher training of civil servants under their respective management.

2. To organize the implementation of training and refresher training regimes under regulations; to report annual civil servant training and refresher training results to the Ministry of Home Affairs for monitoring and summarization.

3. To send civil servants to attend training and refresher training courses according to its competence.

4. To organize overseas civil servant refresher training courses.

5. To manage and develop civil servant training and refresher training programs and materials according to their assigned responsibilities.

6. To manage training and refresher training institutions and lecturers according to their respective competence.

7. To inspect and examine the implementation of training and refresher training regimes and policies according to their respective competence.

Article 27. Tasks and powers of the Ministry of Finance

1. To balance and allocate annual, mid-term and long-term funds for domestic and overseas training and refresher training for submission to competent authorities for approval.

2. To guide and examine the management and use of training and refresher training funds.

Article 28. Tasks and powers of People's Committees of provinces and centrally run cities

1. To formulate and promulgate regimes to encourage civil servants to continuously study and raise their qualifications and working capabilities; to arrange funds to assure training and refresher training activities.

2. To formulate, promulgate and implement training and refresher training master plans and plans under their respective management.

3. To organize the implementation of training and refresher training regimes according to regulations; to report annual civil servant training and refresher training results to the Ministry of Home Affairs for monitoring and summarization.

4. To manage and develop and compile training and refresher training programs and materials according to their assigned responsibilities.

5. To manage training and refresher training institutions and lecturers according to their respective competence.

6. To inspect and examine the implementation of training and refresher training regimes and policies according to their respective competence.

Article 29. Responsibilities of units employing civil servants

1. To implement the probation instruction regime.

2. To propose the development and selection of training and refresher training programs suitable to civil servants' working positions.

3. To create conditions for civil servants to implement the training and refresher training regime according to regulations.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 30. Effect

1. This Decree takes effect on May 1, 2010.

2. To annul Chapter III of the Government's Decree No. 54/2005/ND-CP of April 19, 2005. on the regimes of severance and compensation for training expenses applicable to cadres and civil servants, and all previous regulations contrary to this Decree.

Article 31. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally run cities and heads of agencies managing and units employing civil servants shall implement this Decree