Nghị quyết 39-NQ/TW

RESOLUTION

DOWNSIZING AND RESTRUCTURING OF OFFICIALS AND PUBLIC EMPOYEES

I – SITUATION AND CAUSES

1- Regulatory bodies have been applying the Communist Party‘s policy on downsizing and restructuring officials and public employees (hereinafter referred to as “personnel”) and has achieved significant results as follows:. Formulate and improve the legislation on personnel structure; logically amend, supplement and pass regulations on personnel title and restructure. Create posts, job descriptions and introduce reforms in mechanism and policies on the recruitment, evaluation, classification, appointment and work transfer, etc. Pay intensive attention to and enhance the effectiveness of the state management of personnel. Openly and democratically conduct the payroll downsizing and personnel restructuring and achieve the consensus of regulatory bodies. Unqualified personnel (those fail to satisfy requirements for profession, health and virtue) are dismissed; and qualified candidates who are capable of accomplishing the job are recruited to political organizations. The personnel quality and structure; therefore; has been considerably increasing.

2- Nevertheless, the payroll downsizing and personnel restructuring have negligible effects. The total payrolls tend to increase, especially in public services providers and officials and public employees of communes. To be specified. Unreasonable structure of public employees respect of qualities, title ranks, professional titles, qualifications, age, ethnic groups and gender, especially the differences between the structure of central government and that local governments. Failures to define functions and responsibilities, requirements for state management and provision of public services of every particular sector, discipline and area as a basis for formulation and completion the official and public employees structure. The weaknesses for evaluation and classification of officials and public employees and the poor organization of contests for title ranking, etc.3- The aforesaid shortcomings exist for subjective reasons. To be specified:

- Heads of central and local authority and organization fail to display their competencies and fulfill their obligations to personnel downsizing and restructuring, and lack consistencies in direction and execution the policy on personnel downsizing and restructuring.

- Payroll management methods are decentralized and inconsistent.

- Administrative units of districts and communes are frequently divided, separated and established.

- Policies on personnel downsizing and restructuring, recruitment, education and training are.

II-

1- Objectives

To enhance the personnel quality; to draw virtuous and talented personnel to governmental organizations and socio-political organizations in order to meet the requirements for industrialization, modernization and international integration; to advance the capacity and effectiveness of the political system, reduce regular spending and reform salary policies.

2- Standpoints

- Ensure the Communist Party administration and State management; uphold the supervision of elected bodies, the Vietnamese Fatherland Front, socio-political organizations and citizens. Uniformly manage the payroll of the entire political system under the regulations prescribed by the Politburo.

- Correctly interpret and synchronize action in the execution of the policy on payroll downsizing; do not affect the operation of agencies, organizations and units, and accomplish assigned political missions.

- Synchronize the downsizing policy with reforms in administrative units, policies for governmental tasks and public employees; enhance the public services quality and participation of private entities in public units; reasonably restructure personnel according to lists of job positions. Each body shall be assigned to take charge of only one mission and shall cooperate with other relevant bodies to complete such mission.

- Conduct the payroll downsizing concurrent with reforms in salary policies and political organization structure and the Communist Party’s leadership style. The ratio of downsizing of a unit or an organization is determined according to the actual quantity and quality of personnel of such units or organization.

- Reasonably restructure personnel based on indicators of quantity, title ranks, professional titles, qualifications, age, and ethnic groups.

III- RESPONSIBILITIES AND SOLLUTIONS

1- Enhancement of propagation and education

Provide training for officials, public employees and citizens on objectives, standpoints, the significance and requirements of policies on personnel downsizing and restructure through means of mass media and conferences with the aims of increasing awareness and synchronization of action of every regulatory body, sector and each official and public employees of political organizations and achieving the citizen’s consensus.

2- Examination, arrangement and completion of structures of political organizations and payroll downsizing policies

a) With regard to the organizational structure: complete the political system from the Central Government to local governments and ensure the system consistency, simplification, stability and the suitability for their missions.

- Focus on examining, arranging and completing the organizational structures of affiliates of the Government, Communist Party and socio-political organizations. Do not establish intermediaries; only found new organizations if necessary; review to amend regulations on organizational structures and payrolls stipulated in applicable laws beyond the specialized law on Governmental organizations.

- Accomplish missions and functions together with the completion of the organizational structures; keep consolidating and enhancing the management of multisector and multidiscipline; consider amalgamating general departments and departments. Affiliates of the Central Government shall not contain divisions.- Classify administrative authorities as the basis of determination of the organization and structure that are conformable with management requirements and improve the quality of services serving public’s essential needs. Missions that are unnecessary to be directly conducted or are ineffectively conducted by regulatory authorities shall be assigned to foreign organizations.

Examine the organizational structures of local authorities to create the complete structure of professional authorities affiliated to People’s Committees of provinces and districts for reduction of focal points, intermediaries and enhancement of multi-sector and multi-discipline management; clarify municipal governments and local governments.

- Stipulate requirements and criteria for establishment, dissolution and merger of administrative units at all levels to encourage the merger of commune-level administrative units and keep the number of local administrative units remain constant.

- Complete the classification of public service providers into specific sectors and disciplines to carry out the operating system conversion (operating under forms of enterprises, equitization, Public-Private Partnership, etc.); step up the socialization of public service providers that have the autonomy in their operating costs (universities, institutes, Research Institute ,vocational training institution , hospital, etc.) in order to speed up the grant of autonomy in mission execution, finance, personnel and encourage the establishment of public services providers out of the Government, especially for public service providers operating in education and training, medicine and science; intensify the inspection and supervision of the public services providers by regulatory authorities and citizens.

b) Payrolls downsizings:

- Keep executing the policy on personnel downsizing and ensure that the total payrolls of the political system remains constant. Where any new organization is established or new mission is assigned, such organization shall balance and adjust the payroll within the total existing payrolls.

With respect to training and education and medicine, the increases in the number of training institutions, classes, students , the number of medical facilities and sickbeds, etc. may be granted additional payrolls but such payrolls shall subject to the strict management.

Stabilize the payrolls of social organizations and social-occupational organizations to the end of the year 2016; execute, decide a certain funding or grant funding for the execution of missions assigned by the Government and Communist Party.

- Each affiliate of the Government and Communist Party, socio-political organization and public service agency shall make a plan for payroll downsizing for a period of 07 years (2015 – 2021) and annually submit it to the competent authority. The plan shall determine the downsizing rate of at least 10% of the total payroll of the social-political organization and body of the province or centrally-affiliated city by 2021. Public service providers having revenue are encouraged to convert into autonomy organizations that are responsible for socializing and shall be paid with their revenue rather than the State budget. The number of recruited personnel shall not exceed 50% of the number of downsized personnel and shall not exceed 50% of the total of retirees or resigned workers.

- Define posts of administrative units, socio-political organization sand public service agencies affiliated to the Government and Communist Party as the basis for determination of payrolls.

Examine the capacity and qualifications of personnel as the basis for work allocation that is relevant to their posts and missions; dismiss those who fail to accomplish their assigned missions, or fail to satisfy prescribed requirements (virtue, capacity and health) or people who become redundancies due to organizational restructure.

- Allow a number of officials and public employees in all levels to concurrently hold more than one title, especially for non-specialized officials in commune-level or hamlet-level units. Decide budgets for allowances as a method for reduction of the number of non-specialized personnel and increase in salaries of officials and public employees of commune-level units. Quickly amend regulations on commune-level officials and public employees according to the Conclusion No. 64-KL/TW dated May 28, 2013 by the eleventh Central Committee plenum, Session 07.

Settle benefits granted specialized commune-level officials who are ineligible to be re-reelected; formulate policies on management of non-specialized officials in commune-level and hamlet-level units; uphold citizen’s autonomy and supervisory role; encourage the autonomy of citizens.

c) Funding for payroll downsizing

- Costs for downsizing officials and public employees working for organizations and authorities under the administration of the Central Government shall be totally funded by the central government budget. Costs for downsizing officials and public employees working for organizations, authorities and units under the administration of local governments: funded by their local budget according to the budget allocation.

In case of shortage of local budgets, the local government shall request competent authority to grant funding.

- Costs for downsizing of public employees and officials working for public services providers whose regular operating cost are wholly or partly funded by the State budget shall be funded from their operating funding. In the shortage of the operating funding, the public service provider shall be entitled to receive the funding from the State budget.

- Funding for downsizing public employees and officials and employees working for autonomous public services providers shall be taken from the provider’s revenues.

- Costs for downsizing personnel holding titles as the director, manager or State representative in state-owned enterprise shall be funded from redundancy funds as stipulated in applicable laws.

- Funding for the downsizing of associations shall be taken from their budgets. In case of shortage of the budget, such association shall request competent state authority to grant the funding from the State budget.

3- PERSONNEL RESTRUCTURING

Reasonably restructure personnel based on criteria for quantity, title ranks, professional titles, qualifications, age, ethnic groups, and genders.

Complete the frame of titles and professional titles from the rank of deputy Ministers, specialists, senior experts or the equivalent in descending order according to their virtues, qualifications and capacities. Decide the rank of officials or professional titles of public employees according to each respective criterion of leadership or managerial positions.

Grant the titles of specialist and senior experts to public employees in charge of research and strategic advisory missions in Ministries, Central regulatory bodies, Heads of Party Committees, People’s Committees, People’s Councils and heads of regulatory bodies and socio-political organizations of provinces.

4- Enhancement of force and effectiveness of payroll management

- Strictly comply with the Decision No.253-QĐ/TW on the payroll of the political system, dated July 21, 2014 of the Politburo. The Politburo shall annually give directions on payroll management and orientations of payroll arrangement for the entire political system.

Examine and completely formulate provisions of laws on payroll management.

- Reform recruitment approaches (including managerial positions) and evaluation criteria according to the following rule: the superior shall evaluate his/her subordinates; the head shall evaluate personnel within his administration and shall be evaluated by his/her first-line superior. Reform appointment/re-appointment processes and approaches according to the responsibilities of competent authorities.

- Determine the number of deputies of affiliates of the Government and Communist Party and socio-political organizations in all levels.

- Grant a certain funding for the administrative management and incentives to effective staff.

- Formulate incentives to draw talented personnel and specialists to affiliates of the Government and Communist party and public services providers;

- Reform and improve the quality of personnel education and training of and title criteria.

IV– IMPLEMENTATION ORGANIZATION

1- Communist Party Committees of provinces and cities, Directorates of the Communist Party and Communist Party’s Committees shall provide training and execute this Resolution within their jurisdiction and according to the reality.

Focus on inspecting and supervising the implementation of this Resolution; dignify the responsibilities of heads of Committees, authorities and organizations. Where local governments, authorities, organizations fail to meet the annual approved downsizing rate, the heads of such aforesaid units shall be subject to sanctions under provisions of the Government and Communist Party.

2- Affiliates of the National Assembly of Vietnam and the directorate of the Government shall lead and direct to examine, amend and improve the legislation on organizations.

3- Vietnamese Fatherland Front and socio-political organizations shall educate youth unionists and citizens on this Resolution.

4- Directorates of the Ministry of Home Affairs shall take charge of and cooperate with Committees of the Communist Party, directorates of the Communist Party, Central Committee of Communist Party and affiliates of the Government to execute relevant duties related to the enhancement of management and personnel allocation; develop plan to reduce focal points of public services providers affiliated to the Central Government in all levels; supervise, inspect and expedite, summarize and periodically submit reports on achievements to the Politburo and Secretariat .