Nghị định 36/2013/ND-CP

DECREE

ON JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS

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

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

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree on job positions and structures of civil servant ranks.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the bases, principles, methods, orders of and procedures for defining job positions and structures of civil servant ranks; and competences to decide on, approve and manage job positions and structures of civil servant ranks.

Article 2. Subjects of application

This Decree applies to the following agencies and organizations:

1. Ministries, ministerial-level agencies, governmental agencies and organizations which are established by the Government or the Prime Minister but not public non-business units.

2. Provincial- and district-level People’s Councils and People’s Committees; boards of provincial- and district-level People’s Councils; and specialized agencies under provincial- and district-level People’s Committees;

3. Public non-business units of the Party, the State and socio-political organizations which are prescribed by law to have civil servants in their leading and management apparatuses;

4. The following agencies and organizations may apply this Decree in defining job positions and structures of civil servant ranks:

a) Office of State President;

b) Office of National Assembly;

c) The State Audit;

d) People’s courts;

dd) People’s procuracies;

e) Agencies of the Communist Party of Vietnam at Central, provincial and district levels;

g) Agencies of socio-political organizations at Central, provincial and district level.

Article 3. Job positions, structures and classification of job positions

1. Job positions mean jobs associated with civil servant titles, posts, structures and ranks for defining payrolls and allocating civil servants in agencies, organizations and units.

2. The structure of each job position in an agency, organization or unit includes a job description and a framework of appropriate capacities for a civil servant to complete his/her job.

3. Job positions are classified as follows:

a) Job position undertaken by one person;

b) Job position undertaken by more than one person;

c) Part-time job position.

Article 4. Structures of civil servant ranks

1. The structure of civil servant ranks of each agency, organization or unit is the percentage of civil servants who hold ranks in conformity with the respective list of job positions and payroll of civil servants.

2. The Ministry of Home Affairs shall specifically guide on defining structures of civil servant ranks.

Article 5. Principles of defining job positions and structures of civil servant ranks

1. Principles of defining job positions:

a) It must conform to the functions, tasks, powers and organizational structure of each agency, organization or unit;

b) Ensuring that it is scientific, objective, public, transparent, and suitable with practical conditions;

c) Each job position is always associated with a certain title of civil servant rank. Job positions as leader or manager will have additionally the leading and management titles;

d) It has to comply with law on civil servant management.

2. Principles of defining structures of civil servant ranks:

a) It has to base on the number of lists of job positions and payroll norm already determined;

b) The determination of title of civil servant rank for each job position must ensure conformity with the specialized operation field;

c) It has to comply with regulations on the highest civil servant rank applied to each administrative level or each agency, organization or unit;

d) Being based on the criteria of civil servant rank and the job description and framework of appropriate capacities of each job position.

Article 6. Bases for defining job positions and structures of civil servant ranks

1. Bases for defining job positions:

a) Documents defining the functions, tasks, powers and organizational structures of agencies, organizations and units, which are promulgated by competent authorities;

b) Work nature, characteristics and requirements of agencies, organizations and units;

c) The degree of complexity and scale of work; scope and subjects of service and management; process of and procedures for management or performance of professional tasks and operations as prescribed by law;

d) The degree of modernization of working offices, equipment, working means and information technology application;

dd) Geographical locations; nature, size and structure of population; economic growth and urbanization speed; socio-economic development strategies; and security and order situation;

e) Actual conditions of assignment and employment of civil servant contingent in agencies, organizations and units.

2. Bases for defining structures of civil servant ranks:

a) List of job positions;

b) Criteria and titles of civil servant ranks corresponding to job positions.

Article 7. Method to define job positions

1. Job positions in agencies, organizations and units are defined by synthesis method.

2. Determination of job positions under synthesis method means the combination between organizational analysis and work analysis, performed according to the following steps:

a) Step 1: Listing all jobs according to the functions and tasks of an agency, organization or unit (including jobs performed under labor contracts as prescribed by law);

b) Step 2: Job sub-group;

c) Step 3: Identification of influential elements;

d) Step 4: Making statistics and assessment of existing civil servants (quantity, quality, employment, task assignment and results of duty performance);

dd/ Step 5: Identification of lists and classification of necessary job positions for performing the functions and tasks of the agency, organization or unit (including jobs which must be performed under labor contract regime);

e) Step 6: Formulating job descriptions of each job position;

g) Step 7: Formulating a capacity framework of each job position;

h) Step 8: Defining the respective civil servant ranks (and leading and management titles, if any) for each job position already determined.

3. The Ministry of Home Affairs shall specifically guide the method of defining job positions prescribed in Clause 1 and Clause 2 Article 7 of this Decree.

Article 8. The state management content of job positions and structures of civil servant ranks

1. Promulgating legal documents on job positions.

2. Prescribing and guiding method of defining job positions and structures of civil servant ranks.

3. Defining agencies competent to decide or approve job positions and structures of civil servant ranks.

4. Inspecting, examining implementation of job positions and structures of civil servant ranks.

5. Making statistics of, summing up, and reporting on job positions and structures of civil servant ranks.

6. Settling complaints, denunciations, and handling violations involving the management of job positions and structures of civil servant ranks as prescribed by law.

Chapter 2

ORDER OF AND PROCEDURES FOR DEFINING JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS

Article 9. Formulation of schemes on job positions and structures of civil servant ranks

1. Agencies competent to management of civil servants shall direct, guide and urge organizations and units under their management in formulating schemes on job positions and structures of civil servant ranks; and sum up products from schemes for submission to competent authorities for approval in accordance with regulation.

2. Annually, in case of having changes in the functions, tasks, powers, organizational structures, or apparatus; work nature, characteristics or requirements, complexity, scale, scope and subjects of service; degree of modernization of working offices, equipment and means, and information technology application, agencies, organizations and units shall formulate Schemes to adjust job positions and structures of civil servant ranks and submit them to competent authorities in accordance with regulation.

3. The Ministry of Home Affairs shall guide the formulation of schemes on job positions and structures of civil servant ranks specified in this Decree.

Article 10. Appraisal of scheme on job positions and structures of civil servant ranks

1. The Organization and Personnel Departments (Boards) under ministries, ministerial-level agencies, governmental agencies, and organizations established by the Government, the Prime Minister, which are not public non- business units (hereinafter referred to as ministries) shall assist their ministers or heads of their ministerial-level agencies, governmental agencies or organizations established by the Government, the Prime Minister, which are not public non- business units, in appraising schemes on job positions and structures of civil servant ranks of agencies and organizations under their ministries’ management ; sum up lists of job positions and structures of civil servant ranks of agencies and organizations under ministries’ management. Then Ministries shall send documents to the Ministry of Home Affairs in accordance with regulation.

2. The Home Affairs Departments under People’s Committees of provinces or centrally run cities (hereinafter referred to as provincial People’s Committees) shall assist chairpersons of provincial People’s Committees in appraising schemes on job positions and structures of civil servant ranks in agencies, organizations and units under provincial People’s Councils and People’s Committees; People’s Councils and People’s Committees of districts, towns and provincial cities; sum up lists of job positions and structures of civil servant ranks of agencies, organizations and units under the provincial management and submit them to provincial People’s Committees for consideration. Then, the provincial People’s Committees shall send them to the Ministry of Home Affairs in accordance with regulation.

3. Contents of appraisal:

a) Dossiers, order of and procedures for defining job positions as prescribed;

b) Necessity and legal grounds for formulation of the scheme;

c) List of job positions, job descriptions, appropriate capacity framework and respective structures of civil servant ranks;

d) Conditions assuring implementation after the scheme is approved.

4. Within 30 working days after receiving full and valid dossiers requesting appraisal of scheme on job positions and structures of civil servant ranks, agencies or organizations competent to appraisal for schemes on job positions and structures of civil servant ranks must complete the appraisal to submit them to competent agencies to sign and send schemes to the Ministry of Home Affairs in accordance with regulation.

Article 11. Dossier of and time limit for sending a scheme on job positions for approval

1. A dossier includes:

a) Official Dispatch requesting for approval of scheme on job positions;

b) The scheme on job positions and structures of civil servant ranks;

c) The written appraisal made by a competent agency, organization or unit;

d) A copy of the establishment decision; in which defines the functions, tasks, powers and organizational structure of agency, organization or unit;

e) Documents relating to the scheme formulation.

2. Not later than July 20 every year, ministries, ministerial-level agencies, governmental agencies, organizations  which are established by the Government or the Prime Minister but not public non-business units, and provincial People’s Committees shall send dossiers of schemes on job positions to the Ministry of Home Affairs in accordance with regulation.

3. Agencies of the Communist Party of Vietnam, agencies of socio-political organizations, Office of State President, Office of the National Assembly, the State Audit, the Supreme People’s Procuracy and the Supreme People’s Court shall submit dossiers of schemes on job positions to competent authorities specified in Article 66 of the 2008 Law on Cadres and Civil Servants for consideration and approval.

4. After the duration specified in Clause 2 of this Article, if ministries, sectors and localities fail to submit dossiers of schemes on job positions prescribed in Clause 1 of this Article, their number of job positions approved by competent authorities will be kept unchanged naturally.

Article 12. Adjustment to job positions and structures of civil servant ranks

1. Adjustment to job positions and structures of civil servant ranks in agencies, organizations and units will be performed in the following cases:

a) Agencies, organizations and units are supplemented or adjusted their functions, tasks, powers and organizational structures under decisions of competent authorities;

b) Agencies, organizations and units are reorganized or dissolved under decisions of competent authorities;

c) Cases of new establishment, merging, division or boundary adjustment of the provincial- or district-level administrative units; socio-economic development, economic restructuring, science and technology application, urbanization, security and order;

d) The nature, characteristics, requirements, complexity, scale of work, scope of management, subjects of service, or processes on managing professional operations of agencies, organizations and units are changed under decisions of competent authorities;

e) Working equipment and means, or degree of modernization of working offices, information technology application of agencies, organizations and units are changed under decisions of competent authorities.

2. The order of and procedures for adjusting job positions and structures of civil servant ranks in agencies, organizations and units are the same as order of and procedures for defining job positions and structures of civil servant ranks prescribed in this Decree.

3. For agencies, organizations and units which are newly established under decisions of competent authorities, their lists of job positions and structures of civil servant ranks must be defined right upon formulating their establishment schemes and approved by competent authorities in their establishment decisions.

Chapter 3.

COMPETENCE FOR MANAGING JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS

Article 13. Competence of ministries, ministerial-level agencies, governmental agencies and organizations which are established by the Government or the Prime Minister but not public non-business units

1. To direct the agencies, organizations and units belonging and directly belonging to their management in formulating schemes on job positions and structures of civil servant ranks prescribed in this Decree.

2. To appraise lists of job positions and structures of civil servant ranks of agencies, organizations and units belonging and directly belonging to their management; to sum up their lists of job positions and structures of civil servant ranks and send them to the Ministry of Home Affairs in accordance with regulation.

3. To apply and manage job positions and structures of civil servant ranks in agencies, organizations and units directly belonging to their management; to decentralize the management of job positions and structures of civil servant ranks in agencies and organizations of general departments and equivalent those directly belonging to their management.

4. To examine and inspect the observance of regulations on the management of job positions and structures of civil servant ranks in agencies, organizations and units under their management competence.

5. To settle complaints, denunciations, and handle violations involving the management of job positions and structures of civil servant ranks in agencies, organizations and units under their management as prescribed by law.

Article 14. Competence of provincial People’s Committees

1. To direct agencies, organizations and units directly belonging to their management and district-level People’s Committees in formulating schemes on job positions and structures of civil servant ranks in agencies, organizations and units prescribed in this Decree.

2. To appraise lists of job positions and structures of civil servant ranks in agencies, organizations and units under provincial- and district-level People’s Committees; to sum up lists of job positions and structures of civil servant ranks of provinces and centrally run cities and send them to the Ministry of Home Affairs in accordance with regulation.

3. To conduct decentralization or authorization to perform application and management of job positions and structures of civil servant ranks in agencies, organizations and units under provincial- and district-level People’s Committees.

4. To examine, inspect observance of regulations on managing job positions and structures of civil servant ranks in agencies, organizations and units under their management competence.

5. To settle complaints, denunciations, and handle violations involving the management of job positions and structures of civil servant ranks in agencies, organizations and units under their management as prescribed by law.

Article 15. Competence of the Ministry of Home Affairs

1. To submit to the Government or the Prime Minister for promulgation of legal documents on job positions and structures of civil servant ranks and list of the highest ranks applied in state administrative agencies.

2. To approve lists of job positions and structures of civil servant ranks at the proposals of ministries, ministerial-level agencies, governmental agencies, organizations which are established by the Government or the Prime Minister but not public non-business units, and provincial People’s Committees.

3. To make statistics of, and sum up lists of job positions and structures of civil servant ranks of ministries, ministerial-level agencies, governmental agencies, organizations  which are established by the Government or the Prime Minister but not public non-business units, and provincial People’s Committees; and report them to the Government or the Prime Minister.

4. To inspect and examine implementation of legal regulations on managing job positions and structures of civil servant ranks of ministries, ministerial-level agencies, governmental agencies, organizations  which are established by the Government or the Prime Minister but not public non-business units, and provincial People’s Committees.

5. To settle complaints, denunciations, and handle violations involving the management of job positions and structures of civil servant ranks within its competence as prescribed by law.

Article 16. Competence of other agencies

1. Competent agencies of the Communist Party of Vietnam and socio-political organizations shall base on this Decree and relevant documents to decide lists of job positions and structures of civil servant ranks in agencies, organizations and units of the Party and socio-political organizations.

2. Competent authorities of Office of State President, Office of the National Assembly, the State Audit, the Supreme People’s Court and the Supreme People’s Procuracy shall base on this Decree and relevant documents to decide lists of job positions and structures of civil servant ranks in agencies, organizations and units under their management.

3. Decisions on job positions and structures of civil servant ranks of agencies and organizations defined in Clause 1 and Clause 2 of this Article must concurrently be sent to the Ministry of Home Affairs for summing entire.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 17. Effect

This Decree takes effect on June 10, 2013.

Article 18. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of governmental agencies, heads of organizations  which are established by the Government or the Prime Minister but not public non-business units, chairpersons of provincial People’s Councils and People’s Committees and relevant agencies, organizations and units shall implement this Decree.